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Rutaganira: The Prosecutor v. Vincent Rutaganira
Judgement and Sentence, 14 Mar 2005, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
From 1985 to 1994, Vincent Rutaganira was conseiller communal (councilor)of Mubuga sector in Kibuye prefecture. On 6 May 1996, the Prosecutor of ICTR charged him with seven counts including genocide, conspiracy to commit genocide, murder, extermination and other inhumane acts as crimes against humanity, as well as war crimes.
On 7 December 2004, the Prosecutor and the Accused reached an agreement, pursuant to which the latter pleaded guilty to count 16 of the indictment charging him with extermination by omission as a crime against humanity for the massacres against Tutsi civilians at Mubuga church between 14 and 17 April 1994. The Trial Chamber acquitted the Accused on the other charged for lack of evidence.
The Chamber sentenced Rutaganira to 6 years of imprisonment. It took into consideration several mitigating factors including his voluntary surrender to the Tribunal in March 2002, his guilty plea, his good behaviour while in detention, his advanced age of 60 and his ill health. The Chamber further took into account the Accused’s expression of remorse, the assistance he had provided to some victims in Mubuga sector, as well as the lack of previous criminal record.
Pejić: Office of the War Crimes Prosecutor v. Milorad Pejić
Indictment, 8 Apr 2008, District Court in Belgrade, War Crimes Chamber, Serbia-Montenegro
Milorad Pejić was born on 4 April 1969 in the village of Vukovar located in eastern Croatia. Pejić, who lived in the United Kingdom since 1999, was arrested in March 2008 at the airport in Belgrade when he wanted to bring a visit to his mother. He was charged with being involved in a horrific massacre that took place in November 1991. At that time, ethnic Croat prisoners were taken from the Vukovar hospital and subsequently brought to a pig farm in Ovčara, outside Vukovar. The prisoners were beaten, tortured and subsequently killed. Their bodies were buried in mass graves.
Silaen: Ad Hoc Prosecutors v. Timbul Silaen
Judgement , 15 Aug 2002, Ad Hoc Human Rights Tribunal at Central Jakarta District Court, Indonesia
Timbul Silaen worked as police chief in East Timor in 1999. As such, he was responsible for the security during the independence referendum held in the country on 30 August 1999. Before and after the referendum deadly incidents took place between people in favour of East Timor’s secession from the Republic of Indonesia and the pro-Indonesian supporters. Approximately 1000 people died, 80% of the territory was destroyed, and 250,000 people were forcibly evacuated to Indonesia.
Silaen was prosecuted because as a commander he allegedly failed to stop his subordinates from committing crimes and also failed to bring them to court in order to be prosecuted. In 2002, the Indonesian Ad Hoc Tribunal for East Timor did not found Silaen guilty as a commander because it could not be proven beyond a reasonable doubt that his subordinates had committed the crimes.
Andrun: Prosecutor’s Office of Bosnia and Herzegovina v. Nikola Andrun
Verdict, 19 Aug 2008, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
Nikola Andrun, born on 22 November 1957, was during the second half of 1993 a deputy head of the Gabela detention camp in the municipality of Čapljina (Bosnia and Herzegovina) where Bosniak civilians were detained. As deputy head, Andrun took detainees out of the Gabela detention camp on several occasions and subjected them to interrogations, beatings and acts of torture. Between July and September 1993, numerous incidents of detainee abuse took place during which Andrun was present, either as an observer or as a direct participant. Some of the detainees disappeared but their remains were later exhumed and identified.
Andrun was found guilty for war crimes against Bosniak civilians and was sentenced to 13 years in prison.
Josef Milde: The Prosecutor v. Max Josef Milde
Sentenza, 21 Oct 2008, Supreme Court, Italy
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