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Muvunyi: The Prosecutor v. Tharcisse Muvunyi
Judgement and Sentence, 12 Sep 2006, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania
Lieutenant Colonel Tharcisse Muvunyi was the former Commander of the Rwandan military school, École des sous-officiers (ESO). On 12 September 2006, Trial Chamber II of the ICTR found him guilty of genocide and crimes against humanity (other inhumane acts). The Chamber acquitted him of rape as a crime against humanity and of the alternative charge of complicity in genocide.
The Chamber took into account the gravity of the offences, the aggravating and mitigating factors and sentenced Muvunyi to 25 years of imprisonment. Aggravating factors considered by the Chamber were the ethnic separation and subsequent killing of orphan children at the Groupe Scolaire by soldiers under the Muvunyi's command in collaboration with civilian militia. In addition, the fact that Muvunyi had chastised the bourgmestre (mayor) of the Nyakizu community for hiding a Tutsi man, who was later killed by an armed Hutu mob under Muvunyi’s instructions, was also considered an aggravating factor.
Mitigating factors taken into account were the good character of Muvunyi prior to 1994, his family status, the fact that he had spent most of his life working for the defence of his country and that he was regarded as a highly respected and devout person.
Bralo: The Prosecutor v. Miroslav Bralo
Judgment on Sentencing Appeal, 2 Apr 2007, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
Between April and July 1993 the village of Ahmići (Bosnia and Herzegovina) and its surroundings were subjected to an ethnic cleansing targeting the Muslim population. Miroslav Bralo, also known as “Cicko”, actively participated in these attacks as a member of a unit of the Croatian Defence Council. He pleaded guilty to crimes against humanity and war crimes and Trial Chamber III, subsequently, found him guilty and sentenced him to 20 years of imprisonment.
Bralo appealed the sentencing judgment of 7 December 2005, challenging Trial Chamber III's assessment of the factors which guided it in determining the final sentence.
Bralo adduced three grounds of appeal. In the first one he argued that Trial Chamber III made an error when it classified certain factors as irrelevant to his sentence. The second ground challenged the Chamber's assessment of the factors which it did take into consideration as relevant for Bralo's sentence. In the last ground, Bralo claimed that Trial Chamber III did not reduce his sentence adequately, considering the volume and relevance of the mitigating circumstances.
The Appeals Chamber did not find any error in the findings of Trial Chamber III and dismissed all three grounds of Bralo's appeal. Subsequently, his sentence of 20 years was affirmed.
Blagojević & Jokić: The Prosecutor v. Vidoje Blagojević and Dragan Jokić
Appeals Judgment, 9 May 2007, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
The municipality of Srebrenica (Bosnia and Herzegovina) was attacked and taken under the control of the Army of the Republika Srpska (VRS) in July 1995. Bosnian Muslim men were separated from women, children and the elderly, and, subsequently, murdered. The others were removed from Srebrenica by buses. Vidoje Blagojević and Dragan Jokić played a crucial role in the commission of crimes by units of the VRS in the aftermath of the attacks on Srebrenica. Trial Chamber I convicted Blagojević of complicity in genocide, war crimes and crimes against humanity. Jokić was also found guilty of war crimes and crimes against humanity.
The Appeals Chamber found that Trial Chamber I made an error in finding Blagojević guilty of complicity in genocide, since his knowledge of the forcible transfer operations, the mistreatments and the murders were not enough to establish that he knew of the genocidal intent (a special mental requirement for the crime of genocide) of the perpetrators. Therefore, the Appeals Chamber reversed his conviction for this crime and reduced his initial sentence of 18 years to 15 years of imprisonment.
All other grounds of Blagojević's appeal were rejected, together with the grounds adduced by Dragan Jokić and the Prosecution.
Tanasković: Prosecutor’s Office of Bosnia and Herzegovina v. Nenad Tanasković
Verdict, 24 Aug 2007, Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina
During the war in Bosnia and Herzegovina, Nenad Tanasković was a reserve police officer in Višegrad, where Serbs were conducting a widespread and systematic attack against the Muslim citizens of this municipality. He was charged for having participated in this attack and having committed crimes against humanity, for example by committing murder, torture and rape; by imprisoning people; and by detaining them in inhumane conditions. The Panel at the Court of Bosnia and Herzegovina found him guilty of six of the seven charges made against him, although it did not consider proven that Tanasković had committed murder or detained people in inhumane conditions. He was acquitted of one charge due to lack of evidence. His sentence, 12 years imprisonment instead of the 25 years requested by the Prosecutor, gave rise to outrage on the side of the victims.
Karera: The Prosecutor v. François Karera
Judgement and Sentence, 7 Dec 2007, International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania
François Karera was officially appointed the prefect of Kigali-Rural prefecture on or around 17 April 1994 and held that position until mid-July 1994. Previously he was a sub-prefect at Kigali-Rural prefecture. From 1975 to 1990, Karera had been mayor of Nyarugenge urban commune, an administrative unit which was later replaced by Kigali-Ville prefecture. During a certain period, he was also president of the MRND party in Nyarugenge commune.
In mid-April 1994, Hutu militiamen and soldiers arrived in Ntarama sector and attacked the Tutsi refugees who were gathered at Ntarama Church, killing several hundreds of Tutsis. Karera was present and encouraged the attackers. In April and May 1994, Tutsis had also been killed in Rushashi commune in Kigali-Rural prefecture and in Nyamirambo sector in Nyarugenge commune, mainly at roadblocks. Karera ordered or instigated these acts. He was found guilty of genocide and extermination and murder as crimes against humanity. The Trial Chamber sentenced Karera to life imprisonment.
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