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Case 002/01
Case 002/01 Judgement , 7 Aug 2014, Trial Chamber, Extraordinary Chambers in the Courts of Cambodia, Cambodia
The Cambodian genocide (1975-1979) saw numerous serious crimes in violation of international law perpetrated by the Khmer Rouge. The Khmer Rouge, in attempting to create a socialist government in Cambodia, took Cambodians from cities and forced their relocation into labor camps in the countryside. Physical abuse, malnutrition, and disease were prevalent. Elites, foreigners, and those considered enemies of the state were executed. It is estimated that almost 2 million people died.
Case 002/01 was limited to the crimes involved in the movement of the populations and executions at Tuol Po Chrey that occurred during the period of the Cambodian genocide. The case found defendants Nuon Chea, the Deputy Secretary of the Communist Party of Kampuchea and Khieu Samphan, former Head of State of Democratic Kampuchea, guilty of crimes against humanity. The defendants were charged for the crimes of murder, political persecution, and other inhumane acts (forced transfer) for the two forced movements of Cambodians from the cities to rural areas and other related crimes. In addition, the defendants were found guilty of the added charges pertaining to the hundreds of executions of Khmer Republic soldiers and officials that occurred at Tuol Po Chrey, executed by Khmer Rouge forces.
Both defendants appealed.
Bignone (Hospital Posadas): Reynaldo Bignone “Hospital Posadas” / Muiña, Luis, Bignone, Reynaldo Benito Antonio, Mariani, Hipólito Rafael s/recurso de casación
Appeals Decision, 28 Nov 2012, Federal Chamber of Criminal Appeals, 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.
On 20 October 2011, he was tried for crimes committed at the clandestine detention and torture centre Hospital Nacional “Profesor Alejandro Posadas”. Bignone was accused of crimes against humanity for the illegal deprivation of liberty of 22 persons and torture against five of them. He was found guilty in first instance on 29 December 2011 was sentenced to 15 years' imprisonment. On 28 November 2012, the Federal Chamber of Criminal Appeals confirmed the verdict and the sentence.
Bignone (Plan Sistemático): Reynaldo Bignone “Plan Sistemático” / Franco Rubén O. et al.
Verdict, 17 Sep 2012, Federal Criminal Oral Tribunal No. 6 of Buenos Aires, 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, Federal Criminal Oral Tribunal No. 6 of Buenos Aires sentenced Bignone to 15 years' imprisonment for crimes against humanity for the implementation of a systematic plan to abduct and appropriate 31 children between 1976 and 1983. Other accused were sentenced to terms ranging from 5 to 50 years in prison.
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.
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