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Furundžija: The Prosecutor v. Anto Furundžija
Judgment, 10 Dec 1998, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands
Anto Furundžija was the commander of a special unit of the Croatian Defence Council called the “Jokers.” He was brought before the ICTY for the commission of crimes against Bosnian Muslims who were interrogated at the headquarters of the “Jokers” in Nadioci (Bosnia and Herzegovina) in May 1993. During the interrogations, those detained were subjected to sexual assaults, rape, physical and mental suffering.
Trial Chamber II was satisfied that the elements of the war crime of torture have been fulfilled and it found Furundžija guilty of this crime as a co-perpetrator. Furthermore, Furundžija was also found guilty of aiding and abetting the war crime of outrages upon personal dignity, including rape. Although Furundžija did not personally commit the crime, his presence and actions aided and abetted the commission of rape.
Furundžija was sentenced to 10 years of imprisonment.
Kayinamura : Public Prosecutor v. Wellars Kayinamura
Arrêt, 29 Dec 1998, Appeal Court of Kigali / Cour d'Appel de Kigali, Rwanda
Pinochet: Regina (the Crown) v. Bartle and the Commissioner of Police for the Metropolis and Others ex parte Pinochet; Regina v. Evans and Another and the Commissioner of Police for the Metropolis and Others ex parte Pinochet
Judgment, 24 Mar 1999, House of Lords, Great Britain (UK)
On 11 September 1973, General Augusto Pinochet Ugarte assumed power in Chile as a result of a military coup that overthrew the then government of President Allende. Pinochet was the Commander in Chief of the Chilean Army until 1974 when he assumed the title of President of the Republic. His presidency lasted until 1990 and his role as Commander in Chief until 1998. His regime was known for its systematic and widespread violations of human rights, with allegations of murder, torture and hostage taking of political opponents.
In 1998, during a visit to the United Kingdom for medical treatment, Pinochet was arrested by the English authorities with a view to extraditing him to Spain where a Spanish judge had issued an international arrest warrant. His extradition was, however, not to proceed smoothly as Pinochet applied to have the arrest warrant quashed on the grounds that as a former Head of State he enjoyed immunity from criminal proceedings.
The present decision of 24 March 1999 by the House of Lords held that Pinochet is not entitled to immunity in respect of charges of torture and conspiracy to commit torture where such conduct was committed after 8 December 1988, the date upon which the 1984 Torture Convention entered into force in the UK. This temporal qualification significantly limited the charges for which Pinochet can be extradited to Spain as the majority of the conduct alleged was either not an extraditable offence or was committed prior to this date. Under English law, it was now for the Home Secretary, then Jack Straw, to decide whether or not to issue an authority to proceed with extradition.
Kayishema & Ruzindana: The Prosecutor v. Clément Kayishema and Obed Ruzindana
Judgement / Sentence, 21 May 1999, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania
The present case concerned two Accused, Clement Kayishema and Obed Ruzindana. Kayishema, born in Kibuye Prefecture, Rwanda, was educated as a medical doctor and elected prefect of Kibuye in July 1992, a position which he held until July 1994. Ruzindana was also born in Kibuye prefecture and was a successful businessman.
The Prosecution charged Kayishema with genocide, crimes against humanity (murder, extermination, other inhumane acts) and war crimes for his role in the massacre at the Catholic Church and Home St. Jean on 17 April 1994, in the massacre at the Stadium in Kibuye Town on about 18 April 1994, in the massacre at the Church in Mubuga on about 14 April 1994 and in the massacres in the area of Bisesero from about 9 April 1994 through 30 June 1994. The Prosecution charged Ruzindana with genocide, crimes against humanity (murder, extermination and other inhumane acts) and war crimes for his role in the massacres in Bisesero.
On 21 May 1999, Trial Chamber II of the ICTR convicted Kayishema and Ruzindana on the counts of genocide and dismissed the other counts. The Chamber sentenced Kayishema to life imprisonment and Ruzindana to 25 years' imprisonment.
Saevecke: The Chief Prosecutor v. Theodor Saevecke
Sentenza, 9 Jun 1999, MilitaryTribunal of Torino, Italy
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