716 results (ordered by relevance)
<< first
< prev
page 31 of
144
next >
last >>
Polyukhovich v. Australia: Polyukhovich v. The Commonwealth of Australia and Another
Order, 14 Aug 1991, High Court of Australia, Australia
Ivan Timofeyevich Polyukhovich was born in the village of Serniki in the Pinsk region, Ukraine. Polyukhovich became an Australian citizen in 1958. In January 1990, a case was brought against Polyukhovich in Australia for his alleged involvement in the mass killing of approximately 850 people from the Jewish ghetto in Serniki village and for killing 24 other people between August and September 1942. Their bodies had been exhumed in June and July 1990. On 18 May 1993, Polyukhovich was acquitted because there was not sufficient evidence to continue with the case.
Abebe-Jira v. Negewo
Appeal from the United States District Court for the Northern District of Georgia, 10 Jan 1996, United States Court of Appeals, Eleventh Circuit, United States
Hirute Abebe-Jira, EdgeGayehu Taye and Elizabeth Demissie were victims of the so-called “Red Terror” campaign in Ethiopia directed by Mengistu Haile Mariam during his dictatorship in the mid-1970s. The three women were questioned, beaten, threatened and ordered to undress during their illegal detention. The women brought a complaint against Kelbessa Negewo who personally supervised and participated in the interrogations and torture of the women. The District Court for the Northern District of Georgia found Kelbessa Negewo guilty and ordered him to pay $500,000 in damages to the three women. Negewo appealed. On 10 January 1996, the Court of Appeals for the Eleventh Circuit dismissed the appeal and upheld the District Court’s decision.
Seifert: Italy v. Seifert
Sentenza (sentence), 24 Nov 2000, Military Tribunal of Verona (Tribunale Militare Di Verona ), Italy
At the end of World War II, Michael Seifert, a Ukrainian national who had joined the SS, served as a guard at the Bolzano transit concentration camp. Here, together with another Ukrainian national, and upon the orders (or with acquiescence) of his superior Cologna, he participated in the murder and unlawful killing of internees of the Bolzano camp. In 1951 Michael Seifert moved to Canada where he lived until he was extradited to Italy in 2008.
In 2000, when he was still living in Canada, he was tried in absentia by the Military Tribunal of Verona and charged with acts of violence and murder under Articles 13 and 185 of the Military Criminal Code Applicable in Time of War. The Military Tribunal held that it had jurisdiction to try the case, as the Military Criminal Code Applicable in Time of War also applies to soldiers of the enemy’s armed forces and members of the SS (as Seifert was), are to be considered part of the Third Reich’s armed forces. The Tribunal rejected Seifert’s defence that he acted on orders of his superior, stating that the carrying out of superior orders is no defence to war crimes, as the order to commit such crimes is clearly unlawful and thus allows the subordinate to challenge it.
The Court found Seifert guilty of 11 murders and sentenced him to the maximum penalty of life imprisonment.
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.
Delić: The Prosecutor v. Rasim Delić (AC)
Decision on the Outcome of the Proceedings (public), 29 Jun 2010, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
On 15 September 2008, Trial Chamber I found Delić guilty of war crimes for his role in the events in the Livade and Kamenica Camps between July and August 1995. Delić appealed the decision but died before the Appeals Chamber could issue a judgment on his appeal.
The Chamber was faced with two questions. First, whether the death of Delić will terminate the appeals proceedings, and second, whether this termination will render the Trial Chamber's initial judgment final.
With regard to the first issue, the Chamber found that it only has jurisdiction when the persons before it are natural persons which implies that they are alive. This means that the death of the appellant will terminate the appeal. As concerns the second issue, now that no appeal judgment could be rendered in this trial because of the death of the appellant, the trial judgment remains in force.
<< first
< prev
page 31 of
144
next >
last >>