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Golubović : Prosecutor's Office of Bosnia and Herzegovina v. Blagoje Golubović
Verdict, 10 Jul 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina
Blagoje Golubović was born in Strganci, Bosnia and Herzegovina, on 18 April 1965. He was charged with participating in the plan of the forces of the Serb Republic of Bosnia and Herzegovina (later known as Republika Srpska) to kill the non-Serb civilians of the municipality of Foča. Golubović was charged with crimes against humanity.
On 6 July 2009, the Prosecutor’s Office of Bosnia and Herzegovina dropped the charges against Golubović. On 10 July 2009, the Court of Bosnia and Herzegovina passed a verdict dismissing the charges against Golubović.
Lazarević et al.: Prosecutor’s Office of Bosnia and Herzegovina v. Sreten Lazarević, Dragan Stanojević a/k/a Janjié , Mile Marković a/k/a Cigo and Slobodan Ostojić
Decision , 21 Aug 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
Mandić: Prosecutor's Office of Bosnia and Herzegovina v. Momčilo Mandić
Second instance verdict, 1 Sep 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
Momčilo Mandić, who was Assistant Minister of the Interior of Bosnia and Herzegovina (BiH) in April 1996, was indicted before the Court of BiH in 2006 on allegations of involvement in war crimes against civilians and crimes against humanity committed during the armed conflicts that broke out in the former Yugoslavia in 1991, and which lasted until 1995. Mandić was accused of directing the attack against the Training Centre for Personnel of the BiH Ministry of Interior – one of the events that sparked the war – and of ordering (or at least failing to take reasonable measures against) subordinates to detain and mistreat several non-Serb civilians.
Mandić was acquitted by the Court in first instance, as it could not be proved beyond reasonable doubt that he had been involved in these acts, and neither could it be established that he was, indeed, a superior with the possibility to either order such acts to be committed or to take measures against subordinates who were about to or had committed the acts. The prosecution appealed, but to no avail; on 1 September 2009, the Appellate Panel upheld the acquittal.
Perković: Prosecutor's Office of Bosnia and Herzegovina v. Stojan Perković
Verdict, 24 Dec 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina
Stojan Perković was born on 3 October 1944 in the village of Lađevina located in the municipality of Rogatica. Between June and December 1992, Perković was Commander in the army of the so-called Serbian Republic of Bosnia and Herzegovina (VRS). In that position, he committed crimes, including murder, beatings, and rape, against non-Serb civilians in the villages of Surovi, Mesici and Varosiste in Bosnia and Herzegovina. Moreover, Perković did not punish the members of his unit for participating in the commission of those crimes. On 24 December 2009, Perković was found guilty for the crimes and sentenced to 12 years in prison.
Al Odah: Fawzi Khalid Abdullah Fahad Al Odah v. United States of America
Appeal from the United States District Court for the District of Columbia, 30 Jun 2010, United States Court of Appeal, District of Columbia, Unites States of America, United States
Fawzi Khalid Abdullah Fahad Al Odah was captured in Afghanistan for his involvement with the Taliban. Since 2002, Al Odah has been detained at the U.S. Naval Base at Guantanamo Bay (Cuba). He filed a petition for a writ of habeas corpus (a legal action allowing the detained person to challenge the legality of his detention) in May 2002. In 2008, the Supreme Court in the consolidated cases of Boumediene v. Bush and Al-Odah v. United States, considered that US federal courts have jurisdiction to hear petitions of habeas corpus. The District Court denied Al Odah’s petition on the grounds that the evidence adduced by the US Government was enough to permit his detention.
Al Odah appealed the District Court’s judgment raising challenges with respect to the procedure admitting evidence as well as the sufficiency of evidence to support that he was part of the al Qaeda and Taliban forces.
The Court of Appeals dismissed both grounds of appeal since it did not find any errors either in the District Court’s procedure on admitting evidence or in the sufficiency of the evidence presented by the US Government. In this light, the Court of Appeals affirmed the denial of Al Odah’s petition for a writ of habeas corpus.
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