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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.
Seromba: The Prosecutor v. Athanase Seromba
Judgement, 13 Dec 2006, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
During the Rwandan genocide Athanase Seromba was a Catholic priest at Nyange parish, Kibuye Prefecture. On 13 December 2006, Trial Chamber III of the ICTR convicted him of aiding and abetting genocide against Tutsi refugees who had sought refuge at Nyange parish in order to escape attacks committed against the Tutsis. The Trial Chamber also found that Seromba had assisted in the killing of Tutsi refugees as well as in the commission of acts causing serious bodily or mental harm. Thus, the Chamber convicted him of aiding and abetting the crimes of genocide and extermination as a crime against humanity and sentenced him to 15 years of imprisonment.
The Trial Chamber considered the Accused’s authority as a respected Catholic priest, the trust he had from several Tutsi refugees who had taken shelter in his parish to elude massacres and his failure to live up to the trust of the refugees who thought their lives would be safe there as aggravating factors. Seromba’s good reputation prior to the events of 1994, his relative youth at the time of the events and his voluntary surrender to the Tribunal were considered mitigating factors.
Ndindabahizi: Emmanuel Ndindabahizi v. The Prosecutor
Judgement, 16 Jan 2007, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
The Accused, Emmanuel Ndindabahizi, was Minister of Finance of the Interim Government of Rwanda from 9 April 1994 until he left Rwanda on 13 or 14 July 1994.
On 15 July 2004, Trial Chamber I found Ndindabaizi guilty of one count of genocide and two counts of crimes against humanity (extermination and murder) for his role in the events at Gitwa Hill and at the Gaseke roadblock. Ndindabahizi appealed against his convictions and his sentence.
The Appeals Chamber upheld Ndindabahizi's convictions for genocide and extermination as a crime against humanity for his participation in the events at Gitwa Hill in late April 1994 which resulted in the death of thousands of Tutsi. The Chamber reversed the convictions for genocide and murder in relation to the killing of one victim at Gaseke roadblock. Nevertheless, the Appeals Chamber underlined that Ndindabahizi's criminal responsibility had to be determined according to the entirety of his contribution to the Rwandan genocide. Hence the Chamber unanimously held that his acquittal for the murder of one victim did not diminish the gravity of his actions and it confirmed the life sentence imposed on him.
Zardad: Regina v Faryadi Sarwar Zardad
Judgment, 7 Feb 2007, Court of Appeal, Criminal Division, Great Britain (UK)
After the withdrawal of Soviet troops from Afghanistan in 1989, the country was controlled by warlords. Faryadi Sarwar Zardad joined the political and paramilitary organisation Hezb-e Islami, founded in 1977 by warlord Gulbuddin Hekmatyar. In 1992, Zardad was in control of a checkpoint located in the town Sarobi located on the most important route between Kabul and Pakistan. He also exercised command over more than 1000 men who were said to have terrorised, tortured, imprisoned, blackmailed and killed civilians passing by the route. Zardad was found guilty of torture and hostage taking in Afghanistan and was sentenced to 20 years of imprisonment.
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.
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