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Etchecolatz: The Prosecutor v. Miguel Osvaldo Etchecolatz
Sentencia (Judgment), 19 Sep 2006, Federal Criminal Tribunal No. 1 of La Plata, Argentina
Brđanin: The Prosecutor v. Radoslav Brđanin
Appeals Judgment, 3 Apr 2007, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
Radoslav Brđanin, the president of the Crisis Staff of the Autonomous Region of Krajina (ARK) in Bosnia and Herzegovina, was found guilty of war crimes and crimes against humanity by Trial Chamber II for his role in the perpetration of crimes against the non-Serb population of the ARK in 1992.
The Appeals Chamber accepted Brđanin's ground of appeal with respect to alleged errors made in his conviction for torture in the trial judgment. Lacking sufficient evidence, it could not be proven that he aided and abetted the commission of this crime. Furthermore, the Appeals Chamber concluded that Trial Chamber II made an error with regard to the facts of the attack on the town of Bosanska Krupa. Subsequently, Brđanin's conviction for this crime had to be reversed.
The Appeals Chamber also allowed two of the Prosecution’s grounds of appeal. It held that Trial Chamber II made errors when assessing the requirements for a joint criminal enterprise (JCE) (a mode of responsibility in the jurisprudence of the ICTY), particularly the role of the principal perpetrators within the JCE and their relation to the accused, Brđanin.
Hereros v. Deutsche Afrika-Linien: Hereros v. Deutsche Afrika-Linien GMBLT & Co.
Opinion of the Court, 10 Apr 2007, United States Court of Appeals for the Third Circuit, United States
Members of the Herero (the Hereros), an African tribe from Namibia, brought a claim against German company Deutsche Afrika-Linien GmbH & Co. The Hereros claimed that this company used slave labor and ran its own concentration camp during Germany’s occupation of South Africa in the late 19th- and early 20th- century. The Hereros sued the German company for damages suffered during the occupation.
The case was dismissed by the District Court because the Hereros failed to state a claim in their complaint. On 10 April 2007, the dismissal was affirmed by the Court of Appeals.
Kovačević: Prosecutor's Office of Bosnia and Herzegovina v. Nikola Kovačević
Verdict, 22 Jun 2007, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
Nikola Kovačević was a member of a special unit of the Serb Territorial Defence for the municipality of Sanski Most in north-western Bosnia and Herzegovina. In the period between April and August 1992, Kovačević and members of the army of the former Serbian Republic of Bosnia and Herzegovina were involved in the persecution of Bosnian Muslims and Croats of the municipality of Sanski Most. In addition, Kovačević initiated the transfer of 60 detainees to the Manjaca concentration camp in northern Bosnia and Herzegovina, and did beat them while they were entering the camp.
On 3 November 2006, Kovačević was found guilty of crimes against humanity, including murder, torture, illegal detention, inhumane acts, and persecution. Kovačević was sentenced to 12 years imprisonment. On 22 June 2007, the conviction and the sentence were confirmed by the Appellate Panel of Section I for War Crimes of the Court of Bosnia and Herzegovina.
Simba: Aloys Simba v. the Prosecutor
Judgement, 27 Nov 2007, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
The Accused, Aloys Simba, is a retired lieutenant colonel, a member of the “Comrades of the Fifth of July”, who participated in the coup d’ état that brought former President Habyarimana to power in 1973, and was a member of parliament from 1989 to 1993.
The Trial Chamber had found Simba guilty of genocide for his role in the killing of Tutsi civilians at Murambi Technical School and Kaduha Parish. Furthermore, he had been convicted of extermination as a crime against humanity based on the same facts. The Trial Chamber sentenced him to 25 years’ imprisonment, with credit being given for time already served.
Simba appealed his convictions and his sentence, while the Prosecution submitted two grounds of appeal. The Appeals Chamber dismissed the grounds of appeal raised by both Simba and the Prosecutor and affirmed the sentence of twenty-five years of imprisonment.
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