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Ferrini v. Germany: Ferrini v. Federal Republic of Germany

Sentenza , 11 Mar 2004, Supreme Court, Italy


Češić: The Prosecutor v. Ranko Češić

Sentencing Judgment, 11 Mar 2004, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands

Ranko Češić was brought before the ICTY for his role in the commission of crimes in collection centers in the municipality of Brčko (Bosnia and Herzegovina) in May 1992. On 8 October 2003, Češić pleaded guilty to charges of war crimes and crimes against humanity, and subsequently, the Trial Chamber entered a finding of guilt.

In order to assess the appropriate sentence for Češić, Trial Chamber I balanced the gravity of the offences, the aggravating and mitigating circumstances.

With respect to the gravity of the crimes, Trial Chamber I considered that the high number of murders and the violation of the moral and physical integrity of the rape victims were factors that underlined the seriousness of the committed crimes.

Trial Chamber I also found that the vulnerability of the victims, the cruelty and depravity shown during the commission of the crimes and the exacerbated humiliation of the victims were all aggravating factors. Conversely, three mitigating circumstances were accorded relevance, namely, Češić's guilty plea, cooperation with the Prosecution, and his remorse.

Češić was sentenced to 18 years of imprisonment.


Mason et al.: The Prosecutor v. Suárez Mason et al.

Inconstitucionalidad de los indultos, 14 Mar 2004,


De Carvalho: The Prosecutor v. Lino de Carvalho

Judgement, 18 Mar 2004, Special Panels for Serious Crimes (District Court of Dili), East Timor

During Indonesia’s illegal occupation of East Timor from 1975 until 2002, the Indonesian Armed Forces and over 20 local militia groups operated perpetrated widespread and systematic attacks against the civilian population, particularly targeting those individuals who were known to be or suspected of being independence supporters.

Saka Loromonu was one such pro-autonomy militia group who, in September 1999, abducted a known independence supporter from the home in which he was staying with his relatives. He was taken to militia headquarters where he was severely beaten, including with a machete. On the orders of the Deputy Commander of the militia, the Accused, Lino de Carvalho, and other militia members took the victim to a beach where he was repeatedly stabbed. His head was decapitated and brought back to the Commander as evidence of the execution. His body was left by the side of the road to serve as a warning to support Indonesian autonomy.

The Special Panels convicted Carvalho of murder as a crime against humanity and sentenced him to 7 years’ imprisonment.


Ena & Ena: The Public Prosecutor v. Umbertus Ena and Carlos Ena

Judgement, 23 Mar 2004, Special Panels for Serious Crimes (District Court of Dili), East Timor

The Accused were brothers, Umbertos and Carlos Ena. Both were members of the Sakunar militia group, a pro-autonomy group that operated in East Timor in 1999 in conjunction with other militia groups and the Indonesian Armed Forces (TNI). They participated in a countrywide campaign of violence against the Timorese civilian population, targeting particularly those persons believed to be independence supporters. In September 1999, following the results of a referendum in which the people of East Timor had voted overwhelmingly in favour of independence, the Accused and other members of the militia group targeted the village of Nakome with machetes, spears and stones.

The Special Panel found that there was insufficient evidence to establish beyond a reasonable doubt that Carlos Ena was present or participated in the attack; he was accordingly acquitted. However, Umbertos Ena was convicted for his role in the deaths of two victims and for seriously injuring a third by stoning and stabbing. He was sentenced to 11 years’ imprisonment. 


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