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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.
Bignone (Muniz Barreto y Gonçalves): Reynaldo Bignone Campo de Mayo Trials Causa “Muniz Barreto y Gonçalves” / Patti, Luis Abelardo s/recurso de casación
Appeals Decision, 7 Dec 2012, Federal Chamber of Criminal Appeals (Cámara Federal de Casación Penal), Argentina, 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 life sentence of Bignone and three other accused for their involvement in the illegal deprivation of liberty, torture and the murder of Diego Muniz Barreto and Juan José Fernández, was affirmed.
Ngudjolo: The Prosecutor v. Mathieu Ngudjolo
Judgment Pursuant to Article 74 of the Statute, 18 Dec 2012, International Criminal Court (Trial Chamber II), The Netherlands
Mathieu Ngudjolo Chui was charged with crimes against humanity (crimes committed on a widespread basis and directed against civilians) and war crimes (prohibited acts committed during war) that occurred during the attack against the Bogoro village on 24 February 2003. In particular, the Accused was suspected of killing, training and using children to support his military activities, destroying houses, and attacking the inhabitants of the Bogoro village. These crimes were allegedly committed by the accused together with Germain Katanga and other persons.
Regarding of the use of children, the Trial Chamber stated that these were often present in military groups in Ituri. However, it was not proven that the accused himself trained or involved children under the age of fifteen in war activities.
In addition, it was not proven that the accused was a commander of Lendu group in February 2003. Therefore, he was released. Nevertheless, regardless of the acquittal of the accused, the Trial Chamber emphasised that the acquittal does not mean that crimes were not committed on 24 February 2003 and that the victims did not suffer damages.
The Prosecutor v Mathieu Ngudjolo case is the second judgment issued by the ICC, and its first acquittal.
Bignone (Campo de Mayo): Reynaldo Bignone Causa Nº 2047 / Campo de Mayo Trials
Verdict, 12 Mar 2013, Federal Criminal Oral Tribunal No. 1 of San Martín, 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 case, Bignone was sentenced to life imprisonment for his participation in 20 cases of illegal deprivation of liberty, robbery, torture and murder.
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