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Palija: Prosecutor's Office of Bosnia and Herzegovina v. Jadranko Palija

Second instance verdict, 24 Apr 2008, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina

Jadranko Palija, a former member of the Serbian army, was accused of having committed war crimes against civilians and crimes against humanity during the armed conflict in the former Yugoslavia. The indictment against him accused him of participation in 19 murders and some counts of intimidation and rape committed against Bosniak and Croatian civilians. On 28 November 2007, Palija was found guilty on all charges by the Court of Bosnia and Herzegovina and sentenced to 28 years in prison. He appealed against his conviction, but this did not help him: on 24 April 2008, the Appellate Panel of the Court ruled that the Trial Panel had been correct in both its analysis of the facts and the application of the law. Therefore, the conviction and prison sentence were both confirmed.


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. 


Lalović & Škiljević: Prosecutor's Office of Bosnia and Herzegovina v. Radoje Lalović and Soniboj Škiljević

Verdict of the Appellate Panel, 5 Jul 2011, Court of Bosnia and Herzegovina, Appellate Division, Bosnia and Herzegovina

Radoje Lalović was born on 15 July 1946 in the municipality of Kalinovik, Bosnia and Herzegovina. In the period between early May and mid-December 1992, Lalović was a warden at the Butmir Correctional and Penal Facility (KPD) in Kula, the Sarajevo municipality of Ilidža, which mostly functioned as a detention camp.

Soniboj Škiljević was born on 14 August 1948 in Izgori in the municipality of Gacko, Bosnia and Herzegovina. Škiljević served as a deputy warden at the Butmir Correctional and Penal Facility (KPD) in Kula, also in the period between early May and mid-December 1992.

Lalović and Škiljević were responsible for the functioning of the Butmir KPD and the actions of its guards. In 2001, they were not found guilty of charges that they, inter alia, ordered the killings, imprisonment, and torture of the detainees held at the Butmir KPD. Lalović and Škiljević were neither found guilty of the charges that even though they knew that the crimes were taking place, they did not prevent them or did punish the perpetrators.


Mamani v. De Lozada & Berzain: Mamani et al. v. Sánchez de Lozada, and Mamani et al. v. Sánchez Berzain

Decision on Appeal, 29 Aug 2011, United States Court of Appeals for the Eleventh Circuit, United States

Nine relatives of people killed during a series of national protests in Bolivia in October 2003, brought a case in the U.S. against the former President of Bolivia, Sánchez de Lozada, and the former Minister of Defence of Bolivia, Sánchez Berzaín. The plaintiffs claimed that Sánchez de Lozada and Sánchez Berzaín were responsible for the killing of more than 400 people in Bolivia during the suppression of the protests directed against the government’s policies. In particular, the plaintiffs claimed that Sánchez de Lozada and Sánchez Berzaín gave orders to the Bolivian security forces to use deadly force against protestors. The plaintiffs asked for compensation. On 29 August 2011, a U.S. Court of Appeals dismissed their claims because they had not presented enough evidence to establish a link between both Sánchez de Lozada and Sánchez Berzaín and the killings.


Bignone (Campo de Mayo): Reynaldo Bignone Causa “Campo de Mayo” / Riveros, Santiago Omar y otros s/recurso de casación

Appeals Decision, 7 Dec 2012, Federal Chamber of Criminal Appeals (Cámara Federal de Casación Penal), Argentina

Reynaldo Bignone, born in 1928, was the de facto president of Argentina from 1982 to 1983 and the last dictator to hold power in the country. As such, he was appointed by the military junta and sought to impose amnesty laws for perpetrators of gross human rights violations before transferring power to the democratically elected Raul Alfonsin. Nevertheless, in 2005 the Argentinean Supreme Court overturned these amnesties and opened the way for prosecutions of those involved in the country’s 1976-1983 “Dirty War”. Since then, Reynaldo Bignone was charged and convicted of crimes against humanity in several trials on the basis of his involvement in the Dirty War. 

In the current appeals case, the sentence of 25 years’ imprisonment for his involvement in 56 cases of murder, torture, deprivation of liberty and illegal break-ins was affirmed. The prison sentences of 17-25 years, received by five other accused, were also affirmed except for one acquittal. 


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