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Samardžija: The Prosecutor v. Marko Samardžija

Verdict, 15 Oct 2008, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Appellate Panel, Bosnia and Herzegovina, Bosnia and Herzegovina

Marko Samardžija was the commander of the 3rd Company of the Sanica Battalion within the 17th Light Infantry Brigade. He has been accused of ordering soldiers under his command, on 10 July 1992, that the Bosniak (Muslim) population from the settlements of Brkići and Balagića Brdo (in the Ključ Municipality) leave their houses, after which the men older than 18 and younger than 60 were brought to the primary school in Biljani. From there, the men were murdered in groups of 5 to 10, which led to the deaths of at least 144 Bosniak men.  

On Appeal, the Court found the Accused guilty of Crimes against Humanity for the deprivation of liberty of these men, since they were forcefully moved from their homes and taken to the primary school. The Court did not find him guilty of aiding in the murders, since this was not a clear and obvious consequence of his acts.

Therefore on 15 October 2008, the Appellate Division of the Court of Bosnia and Herzegovina found Marko Samardžija guilty of crimes against humanity (depriving of liberty) and sentenced him to seven years imprisonment. 


H v. France

Opinion of the Conseil d’Etat Avis du Conseil d’Etat, 16 Feb 2009, Conseil d’Etat, France

The claimant’s father was a French Jew who was interned in France and deported to a concentration camp by the Vichy regime during World War II. The claimant brought proceedings for reparations before the Administrative Tribunal of Paris alleging that the French State and the French railway company that facilitated the transfer and deportation, the Société Nationale des Chemins de Fer Francais (SNCF) was at fault.

The case was transferred to the Conseil d’Etat, the highest administrative body in France, for advice. The Conseil d’Etat ruled that the acts of the French State, which contributed to the deportation of persons considered as Jews by the Vichy regime, constituted faults for which its responsibility was engaged. The Advice was the first time that the Conseil had ruled that reparation of such exceptional suffering could not be restricted to financial measures: they implied a solemn acknowledgement of the collective prejudice suffered by those persons, because of the role the French State played in their deportation, quoting the 1964 law suppressing time limitation on crimes against humanity, or the 1995 Presidential statement acknowledging the responsibility of the French State.

The Advice is to be eminently helpful for the 400 similar cases currently pending before French administrative courts. 


Brown et al. v. Rwanda: Vincent Brown aka Vincent Bajinja, Charles Munyaneza, Emmanuel Nteziryayo and Celestin Ugirashebuja v. The Government of Rwanda and The Secretary of State for the Home Department

Judgment (Appeal against extradition), 8 Apr 2009, High Court of Justice, Divisional Court, Great Britain (UK)

Vincent Brown aka Vincent Bajinya and three other men claimed asylum in the United Kingdom after the genocide in Rwanda in 1994. In 2006, Rwanda requested extradition of the four men for their alleged involvement in the genocide. On 28 December 2006, the four suspects were arrested in the United Kingdom.

The men appealed their extradition before the High Court. The judges determined that there is a real risk that the four men would not be granted a fair trial in Rwanda, and determined that the suspects could not be extradited to Rwanda. 


Selimović et al.: Prosecutor's Office of Bosnia and Herzegovina v. Mehura Selimović, Adil Ružnić and Emir Mustafić

Indictment, 16 Apr 2009, Court of Bosnia and Herzegovina, Preliminary Hearing Judge, Bosnia and Herzegovina

Mehura Selimović was born on 4 April 1962, and is a former military, police affairs and counter-intelligence officer of the 5th Corps of the Army of the Republic of Bosnia and Herzegovina (RBiH). Adil Ružnić was born on 2 August 1967, and is a former Assistant Commander for Security Affairs of the 5th Corps of the Army of RBiH. Emir Mustafić is a former member of the 5th Corps of the Army of RBiH. While holding these positions, they assisted soldiers detaining civilians and members of enemy forces that were no longer fighting in the Adil Bešić military barracks in Bihać, in a camp in the plastic factory in Petrovac, in the Luke prison in Bihać, and in other locations. In these locations, the detainees were held in unhealthy conditions, forced to perform hard work, and subjected to harsh interrogations and physical mistreatment. The Court of Bosnia and Herzegovina charged Selimović, Ružnić and Mustafić with war crimes against civilians and war crimes against prisoners of war because of their involvement in the crimes.


Golubović : Prosecutor's Office of Bosnia and Herzegovina v. Blagoje Golubović

Verdict, 10 Jul 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina

Blagoje Golubović was born in Strganci, Bosnia and Herzegovina, on 18 April 1965. He was charged with participating in the plan of the forces of the Serb Republic of Bosnia and Herzegovina (later known as Republika Srpska) to kill the non-Serb civilians of the municipality of Foča. Golubović was charged with crimes against humanity.

On 6 July 2009, the Prosecutor’s Office of Bosnia and Herzegovina dropped the charges against Golubović. On 10 July 2009, the Court of Bosnia and Herzegovina passed a verdict dismissing the charges against Golubović.


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