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Deronjić: The Prosecutor v. Miroslav Deronjić
Judgment on Sentencing Appeal, 20 Jul 2005, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
Miroslav Deronjić was brought before the ICTY for his role in the commission of crimes in the village of Glogova in Bosnia and Herzegovina in May 1992. The attack resulted in the deaths of Bosnian Muslims and the destruction of their properties and homes. Deronjić pleaded guilty to the charge of persecution as a crime against humanity and, subsequently, Trial Chamber II found him guilty. He was sentenced to 10 years' imprisonment.
He appealed the imposed sentence, adducing four grounds of appeal.
First, he argued that Trial Chamber II reached its conclusions on the basis of evidence that was not among the documents agreed upon with the Prosecution. Furthermore, he asserted that Trial Chamber II erroneously found that it was not bound to apply a more lenient penalty than the national laws of the former Yugoslavia would envisage. The Appeals Chamber concluded that those domestic laws do not bind the Tribunal and thus his argument could not be upheld. In his last two grounds of appeal, Deronjić argued that Trial Chamber II made errors in the assessment of the aggravating and mitigating circumstances. The Appeals Chamber found, however, no errors.
As a result, all four grounds of appeal were dismissed and the sentence of 10 years of imprisonment was upheld.
Boumediene v. Bush: Lakhdar Boumediene, et al. v. George W. Bush / Khaled A. F. Al Odah, et al. v. United States of America
Appeals from the United States District Court for the District of Columbia, 20 Feb 2007, United States Court of Appeal, District of Columbia, Unites States of America, United States
In October 2001, six men were arrested in Bosnia and Herzegovina for their alleged involvement in the bombing of the US Embassy in Sarajevo (Bosnia and Herzegovina). Later, they were handed over to the US and transferred to the US Naval Base at Guantanamo Bay (Cuba).
In 2004, the men filed a petition for a writ of habeas corpus (a legal action in which the petitioners challenge the legality of their detention). In 2005, the US District Court ruled that Guantanamo detainees do not have habeas corpus rights. The detainees appealed the decision. In the aftermath of the adoption of the Military Commissions Act in 2006, the US Government requested the dismissal of the case, arguing that the federal court no longer had jurisdiction to hear the case.
The Court of Appeals found that the Military Commissions Act indeed removed the jurisdiction of federal courts to hear habeas corpus petitions from Guantanamo detainees. Accordingly, the Court of Appeals dismissed the detainee’s petitions on the grounds of lack of jurisdiction.
Lukić & Adamović: Prosecutor’s Office of Bosnia and Herzegovina v. Bošco Lukić and Marko Adamović
Indictment, 5 Jun 2008, Court of Bosnia and Herzegovina (Preliminary Hearing Judge), Bosnia and Herzegovina
In this case, the Court of Bosnia and Herzegovina acquitted the accused Boško Lukić and Marko Adamović of the charges entered against them. As active members of the Serb Democratic Party (SDS) and military officers in the municipality of Ključ, they were suspected of having participated in a joint criminal enterprise with the main purpose being the deportation of the non-Serb civilian population living in Ključ.
Lozano v. Italy: Mario Luiz Lozano v. the General Prosecutor for the Italian Republic
Sentenza, 24 Jul 2008, Supreme Court of Cassation, First Criminal Chamber, Italy
Selimović et al.: Prosecutor's Office of Bosnia and Herzegovina v. Mehura Selimović, Adil Ružnić and Emir Mustafić
Indictment, 16 Apr 2009, Court of Bosnia and Herzegovina, Preliminary Hearing Judge, Bosnia and Herzegovina
Mehura Selimović was born on 4 April 1962, and is a former military, police affairs and counter-intelligence officer of the 5th Corps of the Army of the Republic of Bosnia and Herzegovina (RBiH). Adil Ružnić was born on 2 August 1967, and is a former Assistant Commander for Security Affairs of the 5th Corps of the Army of RBiH. Emir Mustafić is a former member of the 5th Corps of the Army of RBiH. While holding these positions, they assisted soldiers detaining civilians and members of enemy forces that were no longer fighting in the Adil Bešić military barracks in Bihać, in a camp in the plastic factory in Petrovac, in the Luke prison in Bihać, and in other locations. In these locations, the detainees were held in unhealthy conditions, forced to perform hard work, and subjected to harsh interrogations and physical mistreatment. The Court of Bosnia and Herzegovina charged Selimović, Ružnić and Mustafić with war crimes against civilians and war crimes against prisoners of war because of their involvement in the crimes.
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