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Kruger v. The Commonwealth of Australia: Alec Kruger and others v. The Commonwealth of Australia
Order, 31 Jul 1997, High Court of Australia, Australia
Eight inhabitants of the Northern Territory (Australia) who had been taken from their families between 1925 and 1944 under the Aboriginals Ordinance of 1918 (which allowed the forced removal of children of mixed Aboriginal descent), and a mother, Rose Napangardi McClary, whose child had been taken from her under the same law, sought a declaration that the Ordinance was unconstitutional. They instituted legal proceedings in 1995. In July 1997, the High Court rejected all their arguments and held that the Ordinance was not unconstitutional.
Bouterse: Prosecutor-General of the Supreme Court v. Desiré Bouterse
Judgment, 18 Sep 2001, Supreme Court, The Netherlands
Desiré Bouterse, a Surinamese politician, was born on 13 October 1945. Bouterse led a coup d’état in 1980 and became the military leader of Suriname until 1987. Relatives of victims of the so-called December murders of 8 and 9 December 1982, when 15 opponents of the military regime headed by Bouterse were tortured and subsequently killed, brought a complaint against Bouterse in the Netherlands. On 18 September 2001, the Supreme Court of the Netherlands dismissed the action against Bouterse. The Court held that Bouterse could not be prosecuted because he was not connected in any way to the Netherlands. Moreover, the acts committed under the military dictatorship of Bouterse were not criminalised as such at the time they were committed.
Šakić (Dinko Ljubomir): Office of the County Public Prosecutor v. Dinko Ljubomir Šakić
Amended Indictment, 8 Jul 1999, County Court in Zagreb, Croatia (Hrvatska)
Dinko Ljubomir Šakić was born on 8 September 1921 in the village of Studenci in Perušić, Croatia. Šakić was the commander of the Jasenovac concentration camp from April until November 1944. During that time, more than 2,000 Serbs, Jews and Gypsies were killed under his command. Moreover, detainees were hanged, starved, brutally tortured and murdered. Šakić personally killed at least four detainees, two of them just for smiling.On 4 October 1999, he was found guilty for the crimes and was sentenced to 20 years in prison.
In July 2008, Šakić died at the age of 86 in a hospital in Zagreb.
Sobanski v. Boudarel: Wladyslaw Sobanski v. George Boudarel
Arrêt, 7 Sep 1999, Cour de Cassation, Chambre Criminelle / Court of Cassation, Criminal Division, France
Bukumba : Madeleine Mangabu Bukumba and Gracia Mukumba, Applicant and The Minister of Citizenship and Immigration, Respondent
Application for judicial review of decision that applicant was not Convention refugee, 22 Jan 2004, Federal Court, Canada
Madelaine Bukumba, a woman originally from the Democratic Republic of Congo (DRC), was previously employed by the Comité de Securité de l'État (CSE). Her job was to listen incognito to the conversations of individuals in public places and to report on their opinions to the CSE as well as on media coverage of the government.
After being shown on television speaking against the government’s use of child soldiers, Bukumba was put in prison for 15 days. Following her release, she attempted to quit her job but was threatened to be killed if she would quit. Thereafter, Bukumba fled to Kenya and eventually to Canada together with her minor daughter.
Bukumba claimed protection under the UN Convention relating to the Status of Refugees in order not to be returned to the DRC. The Immigration and Refugee Board of Canada held that she did not qualify for protection because she had been an accomplice to serious crimes committed by the government because she was a former governmental employee. In addition, the Immigration and Refugee Board held that there was no risk to her or her daughter’s life if returned to the DRC.
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