Search results

The petitioners were members of the non-governmental organisation Malaya Lolas, acting on behalf of the so-called ‘comfort women’ who during World War II, in December 1937, were kidnapped from their homes by Japanese soldiers. They were brought to barracks-like buildings where they had to live, and where they were repeatedly beaten, raped and abused. During that time, the young women were forced to have sex with as many as 30 Japanese soldiers per day.

The petitioners filed a case asking for support from the Philippine government in their action against Japan, who had previously rejected claims for compensation. The Supreme Court of the Philippines, however, refused to oblige the government to provide that support.

During the Rwandan genocide of 1994, Yussuf Munyakazi was a farmer in Bugarama commune (community), Cyangugu prefecture. Relying on his alleged acts in Cyangugu prefecture, the Prosecution charged Munyakazi with three counts, namely, genocide, or, in the alternative, complicity in genocide, and extermination as a crime against humanity.

The Trial Chamber of the ICTR delivered its judgment on 30 June 2010. It found that Munyakazi had been a leader in the incidents that had taken place at Shangi parish on 29 April 1994 and Mibilizi parish on 30 April 1994 and that he was responsible for the deaths of 5,000 Tutsi civilians. As a result, the Chamber convicted him for genocide and extermination as a crime against humanity and sentenced him to 25 years of imprisonment.  

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.

Adnan Farhan Abdul Latif, a Yemeni national, was arrested in Pakistan together with other Yemeni citizens as part of a dragnet seizure of Yemeni nationals in 2001 and 2002. They were transferred to the United States Naval Base at Guantánamo Bay (Cuba) in January 2002. In 2004, the men filed for writs of habeas corpus (a legal action requiring a court to determine the legality of the detention of an arrested person).

After partially rejecting a motion to dismiss submitted by the Government of the United States, the District Court stayed the proceedings in order to give the possibility to the Petitioners to appeal the decision. In the meantime, the Petitioners filed for a preliminary injunction (which is a court order requiring a party to do or refrain from doing certain acts), requiring the US Government to provide a 30 days’ notice of any intention to remove the Petitioners from the Naval Base at Guantánamo Bay (Cuba). The District Court granted the motion.

In the present decision of 21 July 2010, the US District Court for Columbia ordered the release of Latif for lack of evidence. According to Judge Henry Kennedy, the US government failed to meet the evidence standard to prove that Latif was part of a terrorist organisation, concluding that his continued detention was unlawful. The case is the first time that the standard laid out in Bensayah v. Obama et al. has been applied concerning the requirement for the government to demonstrate evidence that an enemy combatant is “part of” a terrorist organisation.

Dominique Ntawukulilyayo was the sub-prefect of Gisaraga sub-prefecture in Butare prefecture in 1994. On 20 April 1994, hundreds of thousands of Tutsis and their families escaped attacks and sought refuge at Gisaraga market in Ndora commune. Some of these people were prevented from leaving the market that evening and the following morning by law enforcement personnel and were forced to return to Gisaraga market. From 21 April through 23 April many of the Tutsi refugees left Gisaraga market for Kabuye hill. There, an extensive assault on the refugees was carried out by armed civilians, police and military personnel resulting in the death or serious injury of hundreds, and possibly thousands of men, women, children and the elderly.

On 23 April 1994 the Accused had promised the Tutsi refugees that they would be protected at Kabuye hill, prompting them to go there. Yet, later that day, he transported soldiers to Kabuye hill to participate in the attack against them. For these reasons, Ntawukulilyayo was found guilty of genocide (Count I) and not guilty of complicity (Count II) and incitement (Count III) charges. He was sentenced to 25 years of imprisonment.