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Bussi & Menéndez: Bussi y Menéndez (Causa Vargas Aignasse s/ Secuestro y desaparición)
Judgment, 28 Aug 2008, Federal Criminal Tribunal of Tucumán,, Argentina
Božić et al.: Prosecutor's Office of Bosnia and Herzegovina v. Zdravko Božić et al.
Verdict, 5 Oct 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
In this second-instance verdict, the Appellate Division upheld the first-instance verdict and found the accused Mladen Blagojević guilty of crimes against humanity. The Division sentenced him to seven years of imprisonment. The other three accused, Zdravko Božić, Zoran Živanović and Željko Zarić, were acquitted.
Bignone (Campo de Mayo): Reynaldo Bignone Causa “Campo de Mayo” / Riveros, Santiago Omar y otros s/recurso de casación
Appeals Decision, 7 Dec 2012, Federal Chamber of Criminal Appeals (Cámara Federal de Casación Penal), Argentina
Reynaldo Bignone, born in 1928, was the de facto president of Argentina from 1982 to 1983 and the last dictator to hold power in the country. As such, he was appointed by the military junta and sought to impose amnesty laws for perpetrators of gross human rights violations before transferring power to the democratically elected Raul Alfonsin. Nevertheless, in 2005 the Argentinean Supreme Court overturned these amnesties and opened the way for prosecutions of those involved in the country’s 1976-1983 “Dirty War”. Since then, Reynaldo Bignone was charged and convicted of crimes against humanity in several trials on the basis of his involvement in the Dirty War.
In the current appeals case, the sentence of 25 years’ imprisonment for his involvement in 56 cases of murder, torture, deprivation of liberty and illegal break-ins was affirmed. The prison sentences of 17-25 years, received by five other accused, were also affirmed except for one acquittal.
Twahirwa: Public Ministry v. François Twahirwa
Judgment, 16 Jun 1999, Tribunal of First Instance of Kibungo (Sake) (Special Chamber), Rwanda
François Twahirwa was a government official in Rukumberi. During the genocide in Rwanda in 1994, Twahirwa had engaged in organising, inciting and supervising the genocide. He had led meetings where the murder of Tutsi was the objective, he had given instructions to others to kill Tutsi and supervised the operations. Twahirwa was an advisor to the Minister of Public Service and member of the MRND political party and as such, was aware of the fact that Tutsi were being pursued and exterminated throughout the country.
He was charged with genocide, crimes against humanity, being a member, organiser and leader of a criminal organisation, premeditated murder, damage to property, committing an attack with the objective of devastation, pillage or slaughter and non-assistance to persons in danger.
The Court concluded that Twahirwa was “an organizer, inciter, supervisor and one who enlisted others”, and found evidence that he directed others to commit genocide and that he possessed the specific intent necessary for the crime of genocide. The Court convicted Twahirwa of genocide, criminal association and attacks with the objective of devastation, pillage or slaughter. He was acquitted from the other charges due to lack of evidence, but this did not help him: he was sentenced to death.
Abimael Guzmán et al.: Caso Manuel Rubén Abimael Guzmán Reinoso y otros
Sentencia (Judgment), 26 Nov 2007, Corte Suprema de Justicia (Supreme Court of Justice), Peru
Abimael Guzmán was the founder of Shining Path, a guerrilla group in Perú. The aim of Shining Path was to overthrow the Peruvian government. Between 1980 and 2000, Shining Path was responsible for an extensive campaign of violence, including the killings of thousands of people.
Guzmán was arrested in 1992, and in the same year, a secret military court sentenced him to life imprisonment. This decision was found to have been based on unconstitutional laws in 2003, and resulted in the retrial of Guzmán and the other leaders of Shining Path. The charges included terrorism, murder and other offences. The lower Peruvian court found Guzmán guilty of terrorism and other offences, sentencing him, and his second in command, Elena Iparraguirre, to life imprisonment. The other ten co-defendants were also found guilty, and received sentences between 24 and 35 years of imprisonment.
The Supreme Court of Justice upheld the life sentence against Abimael Guzmán and Elena Iparraguirre. The Supreme Court also increased the sentences of some of the co-defendants up to 35 years of imprisonment, and confirmed the sentences of others.
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