476 results (ordered by relevance)
<< first
< prev
page 28 of
96
next >
last >>
Nzabirinda: The Prosecutor v. Joseph Nzabirinda
Sentencing Judgement , 23 Feb 2007, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania
On 14 December 2006, following a plea agreement with the Prosecutor, Joseph Nzabirinda pleaded guilty to one count of murder as crime against humanity, for aiding and abetting the killing of Pierre Murara and Joseph Mazimpaka. The Trial Chamber accepted his guilty plea.
On 23 February 2007, Trial Chamber II of the ICTR sentenced the Accused to seven years' imprisonment. Nzabirinda was given credit for the time spent in detention since his arrest on 21 December 2001.
For the purpose of sentencing the Accused, the Chamber considered the fact that Nzabirinda was an educated person and the fact that he abused his moral authority over the youth and population of his commune as he was held in high esteem due to his positions as Youth Organiser and successful businessman as aggravating factors.
His guilty plea together with his public expression of remorse; his family situation as a married man with children; his good character prior to the events of 1994, the lack of criminal records; and his assistance either moral, financial or material, to certain Tutsi victims were considered mitigating factors.
Kouwenhoven: The Public Prosecutor v. Guus Kouwenhoven
Interlocutory Judgment, 19 Mar 2007, Court of Appeal of The Hague, The Netherlands
Guus Kouwenhoven was convicted in first instance for his involvement in supplying arms to Liberia and acquitted of having committed war crimes during the Second Liberian Civil War (1999-2003).
Both the prosecutor and Kouwenhoven appealed against this verdict. In an interlocutory appeal, the Court of Appeals most importantly rejected the motion of the defense to bar the prosecutor from prosecuting this case. Based on the information before it, the Court did not find grave violations of Kouwenhoven's right to a fair trial. The Court did sustain the defense’s motion to have more witnesses heard by the investigative judge. The Court foresaw this to be a lengthy process, and therefore suspended Kouwenhoven’s detention.
Stankovic: Prosecutor’s Office of Bosnia and Herzegovina v. Radovan Stankovic
Appeal Verdict, 28 Mar 2007, Court of Bosnia and Herzegovina, Section for War Crimes, Appelate Division, Bosnia and Herzegovina
Radovan Stankovic, member of a Serb battalion during the war in Bosnia and Herzegovina (1992-1995), was initially indicted by the ICTY Prosecutor for his alleged involvement in crimes against humanity in 1996 and 1999. However, his case was ultimately referred to the Court in Bosnia and Herzegovina in 2005.
He was charged with crimes against humanity, as he was accused of having set up a detention centre for (often underaged) women, having incited other soldiers to rape detainees, and having coerced several detainees into forced labour and sexual intercourse. The Court heavily relied on witness statements to determine that he was guilty of four of the six charges, stating that the statements were clear and consistent. Stankovic was sentenced to sixteen years' imprisonment on 14 November 2006.
The prosecution appealed against the sentence of 16 years' imprisonment and the acquittal of one of the charges. Stankovic himself basically contested all the Court’s findings, most notably stating that the witness statements were false and fabricated. The Appellate Panel of the left intact almost the entire verdict, though it did raise the sentence to 20 years imprisonment. Shortly afterwards, Stankovic escaped from jail. He was recaptured in January 2012. His five years on the run cost him an additional two years of imprisonment.
Payne: Regina v. Payne
Sentencing Hearing Transcript, 30 Apr 2007, General Court Martial held at Military Court Centre Bulford, Great Britain (UK)
In September 2003, members of the Queen’s Lancashire Regiment of the British Armed Forces detained a number of Iraqi individuals in the course of a series of hotel raids in Basra. The detainees were forced to adopt stress positions for prolonged periods of time, they were hooded and handcuffed, they were denied sleep and a particularly egregious method was adopted to ensure that they stayed awake, known as the “choir.” The detainees would be kicked and punched if they fell asleep, in response to which they would cry out in pain, resembling the voice of a choir.
Following an investigation, 7 members of the armed forces were brought before a Court Martial in Wiltshire, including Corporal Donald Payne. Payne was cleared of manslaughter and perverting the course of justice charges but he pleaded guilty to inhuman treatment in violation of the laws of war. He was sentenced to 12 months’ imprisonment and he was dismissed from service. The case was very well publicised, and Payne became the first member of the British armed forces to be convicted of a war crime under the provisions of the 2001 International Criminal Court Act. The questions that the Court Martial left unanswered later formed the subject of the Baha Mousa Inquiry, named after the detainee who died as a result of his interrogation.
Kouwenhoven: The Public Prosecutor v. Guus Kouwenhoven
Judgment, 10 Mar 2008, Court of Appeal of The Hague, The Netherlands
During the Second Liberian Civil War (1999-2003), Dutch businessman Guus Kouwenhoven owned the Royal Timber Corporation and had an important position in the Oriental Timber Cooperation. Corporations like Kouwenhoven’s were an important source of income for the regime of Charles Taylor, and a close financial relationship developed between Taylor and Kouwenhoven.
On 7 June 2006, the Dutch Public Prosecutor charged Kouwenhoven with war crimes and with violation of the national regulation which implemented international prohibitions of supplying weapons to Liberia. Although the Court of First Instance found him guilty of arms smuggling (but quashed the war crimes charges), the Court of Appeal later found that he could not be convicted for any of the charges due to lack of evidence.
<< first
< prev
page 28 of
96
next >
last >>