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Deronjić: The Prosecutor v. Miroslav Deronjić
Sentencing Judgment, 30 Mar 2004, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands
Miroslav Deronjić was indicted for his role in the commission of crimes in the village of Glogova (Bosnia and Herzegovina) in May 1992. The attack resulted in the deaths of Bosnian Muslims and the destruction of their properties, homes, and religious institutions. Deronjić pleaded guilty to the charge of persecution as a crime against humanity and, subsequently, Trial Chamber II found him guilty.
In order to determine the appropriate sentence, Trial Chamber II balanced the gravity of the offence, the aggravating and mitigating circumstances.
It held that the large number of casualties, the extensively planned attack, Deronjić's abuse of his political position, and the acceptance of a false statement suggesting safety for the Muslims of Glogova were relevant aggravating factors. Trial Chamber II concluded that the relevant mitigating circumstances were Deronjić's guilty plea, his co-operation with the Prosecution and the Tribunal, his remorse, and contribution to the prevention of massacres, such as the Srebrenica massacre of July 1995, from happening again.
Based on these factors, Trial Chamber II handed down a sentence of 10 years imprisonment.
Simón et al.: Julio Simón et al. v. Public Prosecutor
Corte Suprema: Fallo anulando las leyes de amnistia, 14 Jun 2005, Corte Suprema de Justicia de la Nación (Supreme Court), Argentina, Argentina
Julio Simón was a member of the Argentinean Federal Police during the military dictatorship of 1976-1983 and had been charged with kidnapping, torture, and forced disappearance of persons. Julio Simón argued as his defence that he benefited of immunity from prosecution under the Amnesty Laws of 1986-1987.
In 2001 a lower court had declared the Amnesty Laws unconstitutional. After successive appeals the issue came before the Supreme Court.
The Supreme Court ruled that the Amnesty Laws were unconstitutional and void for several reasons. First, since the adoption of the Amnesty Laws, international human rights law developed principles that prohibited states from making laws aimed at avoiding the investigation of crimes against humanity and the prosecution of the responsible people. By incorporating the ACHR and the International Covenant on Civil and Political Rights into the Constitution, Argentina assumed the duty to prosecute crimes against humanity under international law. Because the Amnesty Laws were designed to leave serious human rights violations unpunished, they violated these treaties and the Constitution of Argentina. Moreover, in the Barrios Altos v. Peru case the Inter-American Court of Human Rights held that states should not establish any measures that would prevent the investigation and prosecution of serious human rights violations.
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.
Marić: Prosecutor's Office of Bosnia and Herzegovina v. Zoran Marić
First instance verdict, 29 Oct 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina
Zoran Marić, a former soldier in the Army of Republika Srpska, was indicted by the Court of Bosnia and Herzegovina (BiH) on suspicion of involvement in war crimes committed in 1992, during the armed conflict between the Army of Republika Srpska and, on the other hand, BiH and the Croatian Defense Council (HVO). Marić was charged with co-perpetration – together with fellow soldiers – of torture, inhumane treatment and murder of Bosniak civilians. Although he initially pleaded not guilty, he came to a plea agreement with the prosecutor, pleading guilty to the crimes he was indicted for. The Court of BiH, after evaluating the evidence, found the agreement acceptable and sentenced Marić to fifteen years’ imprisonment.
Al-Jedda: Hilal Abdul Razzaq Ali Al Jedda v. The Secretary of State for Defence
Judgment, 8 Jul 2010, The Court of Appeal (Civil Division), Great Britain (UK)
Hilal Abdul Razzaq Ali Al Jedda was born in Iraq but went to the UK in 1992 where he was granted British citizenship in June 2000. In October 2004, Al Jedda was arrested after travelling to Iraq because he was suspected of being a member of a terrorist organisation being responsible for attacks in Iraq. Al Jedda was detained in a military detention centre in Basra, Iraq, by British forces until 30 December 2007. Eventually, no charges were filed against Al Jedda. On 14 December 2007, shortly before his release, Al Jedda was deprived of his British citizenship.
Al Jedda’s claim for damages for his unlawful detention in the period between May 2006 and December 2007, was refused by the Court of Appeal on 8 June 2010 on the ground that his detention had not violated any laws under the Iraqi Constitution.
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