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Cardoso: The Prosecutor v. Jose Cardoso

Judgement, 5 Apr 2003, Special Panels for Serious Crimes (District Court of Dili), East Timor

The Indonesian occupation of East Timor from 1975 until 2002 gave rise to a number of attacks on the Timorese civilian population, particularly against those suspected of being independence supporters.

The Accused, Jose Cardoso, was the Deputy Commander and subsequently the Commander of the pro-autonomy militia group Kaer Metin Merah Putih (KMMP). From May until September 1999, he issued a number of orders to attack both known and suspected independence supporters. These individuals were arrested, beaten and detained for months in cramped and extremely unhygienic conditions without regular access to food or water. One victim had his eat cut off and force fed to him on orders of the Accused. Two women were raped by the Accused. Two other individuals were murdered as a result of the Accused’s orders.

Cardoso was convicted for 9 counts of crimes against humanity by the Special Panels for Serious Crimes and sentenced to 12 years’ imprisonment.


Ljubinac: The Prosecutor v. Radisav Ljubinac

Verdict, 25 Apr 2007, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Bosnia and Herzegovina, Bosnia and Herzegovina

During the armed conflict that took place on the territory of the former Yugoslavia, Bosnian Serb forces including the Army of the Republika Srpska (RS), the Police and paramilitary forces perpetrated attacks against the civilian population in the Rogatica municipality by detaining, murdering, raping and abusing persons of Muslim and Croat ethnicity. The Accused, Radisav Ljubinac, was a member of the RS living in Rogatica in 1995.

By a judgment of 25 April 2007, Section I of the War Crimes Chamber in the Court of Bosnia and Herzegovina convicted the Accused of crimes against humanity. The Court found that the Accused acted as the driver transferring women, children and a small number of remaining adult men from the villages and settlements in Seljani to the camp in Rogatica and from then on, transferring the women and children to Hreša. He also drove a group of civilians, including children, to the village of Duljevac whereupon they were used as human shields in front of the Serb soldiers. The Court also found that on a number of occassions, the Accused kicked and punched the detained civilians at the Rasadnik camp. He was sentenced to 10 years’ imprisonment. 


Ljubinac: The Prosecutor v. Radisav Ljubinac

Verdict, 4 Oct 2007, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Appellate Panel, Bosnia and Herzegovina, Bosnia and Herzegovina

During the armed conflict that took place on the territory of the former Yugoslavia, Bosnian Serb forces including the Army of the Republika Srpska (RS), the police and paramilitary forces perpetrated attacks against the civilian population in the Rogatica municipality by detaining, murdering, raping and abusing persons of Muslim and Croat ethnicity. The Accused, Radisav Ljubinac, was a member of the RS living in Rogatica in 1995.

By a judgment of 25 April 2007, Section I of the War Crimes Chamber in the Court of Bosnia and Herzegovina convicted the Accused of crimes against humanity and sentenced him to 10 years’ imprisonment for his role in the forcible transfer of civilians and their maltreatment at the Rasadnik camp in Rogatica. By the present verdict, the Appellate Panel of the War Crimes Chamber confirmed the verdict of Section I and dismissed the appeals of the Prosecutor’s Office and the Defence. It amended the verdict only so far as to reflect Section I’s failure to dismiss a charge, which the Prosecutor had dropped during the trial. 


Janković (Gojko): Prosecutor's Office of Bosnia and Herzegovina v. Gojko Janković

Verdict, 23 Oct 2007, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina

In the second instance verdict of the Gojko Janković case, the Appellate Panel upheld the defence appeal only in the part of the legal qualification of the acts constituting crimes against humanity. It refused all of the other points of appeal entered by the defence, including the modification of the long term imprisonment of 34 years.

The case of Gojko Janković was the second case referred by the ICTY to the Court of BiH for further processing.


Bagaragaza: Public Prosecutor v. Michel Bagaragaza

Request for surrender, 21 Mar 2008, District Court of The Hague, The Netherlands

Until July 1994, Michel Bagaragaza was the managing director of OCIR-Tea, the controlling body for the tea industry in Rwanda. Bagaragaza is accused of conspiring with his employees in order to kill Tutsis in the Gisenyi Prefecture. In addition, he was a member of the local committee of the Republican Movement for Development and Democracy (MRND) for the Gisenyi Prefecture. Bagaragaza was indicted by the International Criminal Tribunal for Rwanda on charges of genocide, and in the alternative, war crimes. His case was referred to The Netherlands at the request of the Prosecutor of the ICTR.

However, a decision of the District Court of The Hague in a case against another Rwandan national, Joseph Mpambara, in which the Court held that the Dutch courts have no jurisdiction over genocide committed by non-Dutch nationals abroad prior to 2003, was released soon after Bagaragaza's surrender to The Netherlands. Fearing that the outcome would be the same and the case against him would not proceed in The Netherlands, the ICTR requested The Netherlands to surrender Bagaragaza back to the ICTR for prosecution. By a decision of 21 March 2008, the District Court of The Hague authorised the surrender. 


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