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Doe v. Saravia: J. Doe v. Alvaro Rafael Saravia et al.
Judgment, 24 Nov 2004, United States District Court Eastern District of California, United States
On 24 March 1980, Archbishop Oscar Arnulfo Romero was killed in the Chapel of the Divine Providence Hospital in San Salvador. The killing was planned and coordinated by officers of the Salvadoran military, including Alvaro Rafael Saravia. As a result of the influence of these persons, no one was convicted for the killing of Archbishop Romero.
In 2003, the Center for Justice and Accountability (CJA) filed a suit on behalf of relatives of Archbishop Romero against Alvaro Rafael Saravia, who went into hiding after he was served with the complaint.
In November 2004, the U.S. District Court Eastern District of California found Saravialiable for the assassination of Archbishop Romero and awarded a total of $10,000,000.00 in damages.
Ochoa Lizarbe v. Hurtado: Teófila Ochoa Lizarbe et al v. Telmo Ricardo Hurtado Hurtado
Final Judgment, 4 Mar 2008, United States District Court Southern District of Florida, Miami Division, United States
On 14 August 1985, 60 women, children and elderly men were killed in the highlands village of Accomarca in Peru’s southern Andean region of Ayacucho. This massacre is known as the Accomarca Massacre.
The plaintiffs brought a complaint against Telmo Ricardo Hurtado Hurtado (Second Lieutenant (Subteniente) in the Peruvian Army) who was responsible for the command of the soldiers that committed the killings. The plaintiffs sought justice on behalf of all the members of the Asociación de Familiares Afectados por la Violencia Política del Distrito de Accomarca (Association of Relatives of the Victims of Political Violence in Accomarca) who lost relatives in the massacre. Hurtado was found guilty for the crimes committed in connection with the Accomarca Massacre.
On 4 March 2008, the District Court for the Southern District of Florida ordered Hurtado to pay $37 million in damages to the plaintiffs.
Taylor: The Prosecutor v. Charles Ghankay Taylor
Appeals Judgment, 26 Sep 2013, Special Court for Sierra Leone (Appeals Chamber), Sierra Leone
In April 2012, Charles Taylor, the former president of Liberia, was found guilty of providing arms, financial and moral support to the Revolutionary United Front (RUF) and the Armed Forces Revolutionary Council rebel forces. With the aim of destabilizing the country and gaining access to the natural resources of Sierra Leone (mainly diamonds), he supported the RUF in the preparation of military actions in Sierra Leone (in the districts of Bo, Kono, Kenema, Bombali, Kailahun, Freetown). During the military actions, civilians were killed, beaten, terrorised, raped, and abducted. Children were also abducted and involved in the military actions.
Charles Taylor was sentenced to fifty years of imprisonment.
On 26 September 2013, the Appeals Chamber of the SCSL confirmed that Charles Taylor assisted and planned numerous crimes committed during the Sierra Leone's civil war by the RUF and the Armed Forces Revolutionary Council rebel forces. The Appeals Chamber also confirmed the fifty years’ sentence.
Habré: Hissène Habré
Opinion of the Court of Appeal of Dakar on the Extradition Request for Hissène Habré, 25 Nov 2005, Court of Appeal of Dakar, Senegal
Hissène Habré was the President of the Republic of Chad from 1982 until 1990. During that time, he established a brutal dictatorship which, through its political police, the Bureau of Documentation and Security (Direction de la Documentation et de la Sécurité (DDS)), caused the deaths of tens of thousands of individuals.
Residing in exile in Senegal, victims of Habré’s regime instituted proceedings against him in Belgium on the basis of Belgium’s universal jurisdiction law. In order to try Habré, Belgium requested Senegal to extradite him. By the present decision, the Court of Appeal of Dakar held that it was incompetent to grant the request as Habré enjoys immunity from jurisdiction by virtue of his position as the former Head of State of the Republic of Chad. This decision is the precursor to a line of litigation that will culminate in the decision of the International Court of Justice regarding Senegal’s obligation to prosecute or extradite Habré.
Belgium v. Senegal
Questions Relating to the Obligation to Prosecute or Extradite, 20 Jul 2012, International Court of Justice, The Netherlands
Hissène Habré, currently a resident of Senegal, was the President of the Republic of Chad from 1982 until 1990. During that time, he established a brutal dictatorship which, by the bias of its political police, the Bureau of Documentation and Security (Direction de la Documentation et de la Sécurité (DDS)) caused the deaths of tens of thousands of individuals.
Proceedings have commenced and failed against him in the Republic of Chad, Senegal, and most recently in Belgium. The latter State issued an international arrest warrant for Habré in 2005 for charges of crimes against humanity, war crimes, torture and serious violations of international humanitarian law. The request was never complied with; the Court of Appeal of Dakar in Senegal held that Habré enjoyed immunity and it was incompetent to rule on the validity of the arrest warrant for a former Head of State. Belgium instituted proceedings before the International Court of Justice (ICJ) alleging that Senegal was in violation of its obligation to prosecute or extradite Habré under the Convention Against Torture.
The present decision by the ICJ is the culmination of these proceedings. In its decision, the ICJ ruled that Senegal was indeed in breach of its obligations under the Convention and should proceed without further delay to the prosecution of Habré. It cannot rely on its internal law or financial difficulties to evade the implementation of this obligation.
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