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Abiola et al. v. Abubakar: Hafsat Abiola et al. (Plaintiffs) v. Abdulsalami Abubakar (Defendant)
Memorandum Opinion and Order, 28 Sep 2007, United States District Court for the Northern District of Illinois, Eastern Division, United States
Hafsat Abiola filed a complaint against General Abdulsalami Abubakar claiming that he is responsible for the death of her parents, Chief MKO Abiola and Kudirat Abiola. In particular, she claimed that as Chief of Defence Staff under Sani Abacha’s military rule (November 1993 – June 1998), and as President of Nigeria (November 1998 - May 1999), General Abubakar was responsible for torturing her father and keeping him in inhumane conditions, as well as for denying him access to a lawyer. In addition, she claimed that the regime is responsible for the death of her mother, who was threatened and killed following a campaign for the release of her husband.
In 2001, General Abubakar was served with summons when he visited the United States.
On 28 September 2007, the District Court for the Northern District of Illinois, Eastern Division, imposed a sanction on the defendant for his failure to appear for deposition. The sanction was an order declaring that the allegations of the plaintiffs had to be taken as established.
Ostojić: Prosecutor's Office of Bosnia and Herzegovina v. Jovan Ostojić
Indictment, 12 Mar 2008, Court of Bosnia and Herzegovina (Preliminary Hearing Judge), Bosnia and Herzegovina
The accused Jovan Ostojić is suspected of having committed crimes against humanity, war crimes against civilians and war crimes against prisoners of war in the period between 14 July 1992 and 31 December 1992 in the so-called Serb Municipality of Bosanska Krupa.
He was acquitted of all charges together with Gojko Kličković and Mladen Darljača on 5 November 2010.
Fuštar: Prosecutor’s Office of Bosnia and Herzegovina v. Dušan Fuštar
Verdict, 21 Apr 2008, Court of Bosnia and Herzegovina, Section I for War Crimes, Criminal Division, Bosnia and Herzegovina
In this case appearing before the Criminal Division, the accused Dušan Fuštar was found guilty for crimes against humanity regarding his participation in the running of the Keraterm camp in Prijedor municipality. He was sentenced to 9 years of imprisonment after he entered a plea agreement with the Prosecutor’s Office.
This marked the first time that a case referred to the Court of BiH by the ICTY (in the case of Željko Mejakić et al.) was settled through a plea agreement. The Court found Dušan Fuštar guilty and sentenced him to nine years of imprisonment.
Arar v. Ashcroft: Maher Arar v. John Ashcroft et al.
Appeals Judgment, 30 Jun 2008, United States Court of Appeals for the Second Circuit, United States
In one of the first suits filed before the US courts challenging the US practice of 'extraordinary rendition', Syrian-born Canadian national Maher Arar lodged a complaint in January 2004 arguing that his civil rights had been violated. In 2002, Arar was detained by immigration officials at a New York airport while travelling home to Canada from Tunisia. Following a period of solitary confinement, Arar was deported to Syria where he was allegedly tortured before making false admissions of terrorist activity.
On 16 February 2006, the US District Court dismissed Arar’s claims, finding that national security and foreign policy considerations prevented the Court from holding US officials liable, even if the ‘extraordinary rendition’ violated international treaty obligations or customary law.
The US District Court of Appeals for the Second Circuit affirmed the judgment of the District Court. It held that adjudicating Arar’s claims would interfere with national security and foreign policy. In his partial dissent, Judge Sack found that this provides federal officials with licence to “violate constitutional rights with virtual impunity”. The Court of Appeals also found that as a foreign national, Arar had no constitutional due process rights.
Boškoski & Tarčulovski: Prosecutor v. Ljube Boškoski and Johan Tarčulovski
Judgment (public), 10 Jul 2008, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands
On 12 August 2001, a group of armed individuals under the leadership of Johan Tarčulovski entered the village of Ljuboten in the Former Yugoslav Republic of Macedonia (FYROM). The men targeted ethnic Albanians through shootings, setting houses on fire and mistreating the captured people. During this time, Ljube Boškoski was the Minister of Interior of FYROM.
Trial Chamber II examined the incidents at Ljuboten and other locations. It concluded with respect to Boškoski that he knew that crimes were being committed in and around Ljuboten, and since he reported the incidents to the authorities that should have investigated these allegations, fulfilled his obligations to take steps to punish those who were responsible. Accordingly, he cannot be held guilty on any of the charges.
Tarculovski, on the other hand, was actively participating in the events of 12 August 2001. He was the leader of the operation and participant in the events. Therefore, Trial Chamber II found him guilty for the war crimes of murder, wanton destruction and cruel treatment. He was sentenced to 12 years of imprisonment.
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