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Samardžić: The Prosecutor v. Neđo Samardžić

Verdict, 7 Apr 2006, The Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina

In the period of April 1992 until March 1993 a large-scale armed conflict was taking place in the Foča municipality. During this time Neđo Samardžić was a member of the army of the so-called Serb Republic of Bosnia and Herzegovina. As part of this army, Samardžić committed and helped commit killings, forced people to relocate, forced women into sexual slavery, held women in a specific camp where they were raped, and persecuted (Muslim) Bosniak civilians on national, religious, ethnical and gender grounds.

The Court dismissed Samardžić' complaints that he had had no opportunity to (sufficiently) cross-examine the witnesses, as it found that he had been sufficiently able to cross-examine the witnesses and test their reliability. On 7 April 2006 Samardžić was found guilty of crimes against humanity and was sentenced to thirteen years and four months imprisonment.


Samardžić : Neđo Samardžić v. The Prosecutor

Verdict, 13 Dec 2006, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Appellate Panel, Bosnia and Herzegovina, Bosnia and Herzegovina

In the period of April 1992 until March 1993 a large-scale armed conflict was taking place in the Foča municipality. During this time Neđo Samardžić was a member of the army of the so-called Serb Republic of Bosnia and Herzegovina. As part of this army, Samardžić committed and helped commit killings, forced people to relocate, forced women into sexual slavery, held women in a specific camp where they were raped, and persecuted (Muslim) Bosniak civilians on national, religious, ethnical and gender grounds.

The first instance Court sentenced Samardžić to imprisonment for a term of 13 years and 4 months. Where in first instance the accused was found guilty of 4 counts, on appeal the Appellate Panel established that the accused had committed the acts in counts 1 through 9. Furthermore the Court found that there were several aggravating circumstances, such as the fact that the accused repeated the acts, he expressed particular brutality, which caused severe physical and mental pain to the injured parties and the fact that at the time of the crimes some of the injured parties were still very young girls. Moreover the accused had a prior conviction for murder. Therefore on 13 December 2006, believing that it corresponded with the degree of his criminal responsibility, his motives and the intensity and degree of the protected value, theAppellate Panel found Samardžić guilty of Crimes against Humanity and sentenced him to an imprisonment of twenty-four years, more than ten years more than in first instance.


Hodžić : Prosecutor's Office of Bosnia and Herzegovina v. Ferid Hodžić

Verdict, 19 May 2010, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina

In the present case, the Court refused the appeals filed by both the Prosecutor’s Office and the aggrieved party Anđa Obradović and upheld the first instance verdict of 29 June 2009. In this verdict, the accused Ferid Hodžić was acquitted of the charges for war crimes against civilians and prisoners of war in the period between May 1992 and 26 January 1993 taking place in the municipality of Vlasenica.


Duch: The Prosecutor v. Kaing Guek Eav alias Duch

Judgement, 26 Jul 2010, Extraordinary Chambers in the Courts of Cambodia, Cambodia

After the fall of the Cambodian government in 1975, the Communist Party, under the leadership of Pol Pot, came to power and renamed the state the Democratic Kampuchea. An armed conflict broke out with Vietnam, which lasted until 1979. From 1975 until 1979, Pol Pot and the Communist Party of Kampuchea sought to establish a revolutionary state and introduced a policy of ‘smashing’ their enemies, a form of physical and psychological destruction that consisted of arbitrary detention, torture and execution. This policy was implemented at a number of interrogation centres, one of which was S21. Duch, a former mathematics teacher, was the Chairman of S21 responsible for extracting confessions and information, and teaching interrogation techniques.

In the first ever judgment of the Extraordinary Chambers in the Courts of Cambodia, the Trial Chamber convicted Duch of multiple counts of war crimes and crimes against humanity. He was sentenced to 35 years’ imprisonment, minus five years as a result of his unlawful detention by the Cambodian Military Court for eight years prior to his transfer to the ECCC. This was also the first case before an international tribunal to allow victims of the crimes to participate in proceedings as civil parties and claim reparations for the harm they have suffered. 


United States of America v. Mufid A. Elfgeeh

Plea Agreement, 17 Dec 2015, District Court for the Western District of New York, United States

The District Court for the Western District of New York has accepted a guilty plea by Mr. Mufid Elfgeeh and subsequently sentenced him to 22.5 years’ imprisonment for his role in encouraging support for IS, recruiting individuals to fight in Syria and providing financial assistance to those attempting to fight for the terrorist group. Mr. Elfgeeh pleaded guilty to part of the original charges laid against him on 17 December 2015 following his arrest in May 2014. The court records demonstrate that Mr. Elfgeeh had been trying to recruit FBI informants and that his activities had been monitored for a significant period of time prior to his arrest. 


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