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Fofana & Kondewa: The Prosecutor v. Moinina Fofana and Allieu Kondewa

Judgement, 28 May 2008, Special Court for Sierra Leone (Appeals Chamber), Sierra Leone

Fofana and Kondewa were high-ranking members of the Civil Defense Forces (CDF) who participated in the armed conflict in Sierra Leone on the side of the ousted government of President Kabbah. They were convicted by the Special Court for aiding and abetting the planning of war crimes by CDF forces, particularly murder, cruel treatment, burning of civilian property, collective punishment and, for Kondewa, enlisting child soldiers.

On appeal, the Appeals Chamber found that there was sufficient evidence to convict both men for crimes against humanity. However, the convictions for collective punishment and enlistment of child soldiers were overturned. At sentencing, in order to reflect the gravity of the crimes and the new conviction for crimes against humanity, the Appeals Chamber increased the sentences: Fofana’s from 6 years to 15 years, Kondewa’s from 8 years to 20 years. The Appeals Chamber refused to take into account the political motives of Fofana and Kondewa, and particularly that they were fighting for a just cause in order to restore President Kabbah to power. 


Lukić & Adamović: Prosecutor’s Office of Bosnia and Herzegovina v. Bošco Lukić and Marko Adamović

Indictment, 5 Jun 2008, Court of Bosnia and Herzegovina (Preliminary Hearing Judge), Bosnia and Herzegovina

In this case, the Court of Bosnia and Herzegovina acquitted the accused Boško Lukić and Marko Adamović of the charges entered against them. As active members of the Serb Democratic Party (SDS) and military officers in the municipality of Ključ, they were suspected of having participated in a joint criminal enterprise with the main purpose being the deportation of the non-Serb civilian population living in Ključ.


Bagosora et al.: The Prosecutor v. Théoneste Bagosora, Gratien Kabiligi, Aloys Ntabakuze, Anatole Nsengiyumva

Judgement and Sentence, 18 Dec 2008, International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania

The Accused in this case were Colonel Théoneste Bagosora, the directeur de cabinet of the Ministry of Defence, General Gratien Kabiligi, the head of the operations bureau of the army general staff, Major Aloys Ntabakuze, the commander of the elite Para Commando Battalion, and Colonel Anatole Nsengiyumva, the commander of the Gisenyi operational sector. They were charged with conspiracy to commit genocide, genocide, crimes against humanity, namely murder, exterminations, rape, persecution and other inhumane acts, and war crimes, namely violence to life and outrages upon personal dignity, for crimes committed in Rwanda in 1994. The victims of said crimes included a great number of Tutsis, the Prime Minister Uwilingiyimana and 10 Belgian peacekeepers. 

Bagosora was found guilty by the Chamber of genocide, crimes against humanity and war crimes. Kabiligi was acquitted of all counts, while  Ntabakuze and Nsengiyumva were convicted for genocide, crimes against humanity and war crimes. After taking into account the gravity of each of the crimes the Accused were convicted for, as well as aggravating and mitigating circumstances, the Chamber sentenced them to life imprisonment.

During the 408 trial days of this case, 242 witnesses were heard, 82 for the Prosecution and 160 for the Defence.


Chavez v. Carranza: Ana Chavez, Cecilia Santos, Jose Calderon, Erlinda Franco and Daniel Alvarado v. Nicolas Carranza

Opinion, 17 Mar 2009, United States Court of Appeals for the Sixth Circuit, United States

Colonel Nicholas Carranza served nearly thirty years as an officer in the armed forces of El Salvador. Later, he was El Salvador’s Vice-Minister of Defence and Public Security from October 1979 until January 1981. In this period, the Salvadoran Security Forces carried out systematic repression and human rights abuses against opponents of the military dictatorship that ruled the country at the time.

On 10 December 2003, the Center for Justice and Accountability and the Tennessee law firm of Bass, Berry & Sims filed a complaint against Carranza on behalf of five plaintiffs.

On 18 November 2005, a jury found Carranza guilty for the abduction, torture, insult, imprisonment and killing of the plaintiffs. He was ordered to pay $6 million in damages.

On 19 March 2009, the Court of Appeals for the Sixth Circuit upheld the jury’s verdict.


Fujimori: Alberto Fujimori Fujimori

Sentencia, 7 Apr 2009, Supreme Court, Special Criminal Chamber, Peru


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