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On 11 September 1973, General Augusto Pinochet Ugarte assumed power in Chile as a result of a military coup that overthrew the then government of President Allende. Pinochet was the Commander in Chief of the Chilean Army until 1974 when he assumed the title of President of the Republic. His presidency lasted until 1990 and his role as Commander in Chief until 1998. His regime was known for its systematic and widespread violations of human rights, with allegations of murder, torture and hostage taking of political opponents.

In 1998, during a visit to the United Kingdom for medical treatment, Pinochet was arrested by the English authorities with a view to extraditing him to Spain where a Spanish judge had issued an international arrest warrant. His extradition was, however, not to proceed smoothly as Pinochet applied to have the arrest warrant quashed on the grounds that as a former Head of State he enjoyed immunity from criminal proceedings.

The present decision of 24 March 1999 by the House of Lords held that Pinochet is not entitled to immunity in respect of charges of torture and conspiracy to commit torture where such conduct was committed after 8 December 1988, the date upon which the 1984 Torture Convention entered into force in the UK. This temporal qualification significantly limited the charges for which Pinochet can be extradited to Spain as the majority of the conduct alleged was either not an extraditable offence or was committed prior to this date. Under English law, it was now for the Home Secretary, then Jack Straw, to decide whether or not to issue an authority to proceed with extradition. 

Anto Furundžija was the commander of a special unit of the Croatian Defence Council called the “Jokers.” He was brought before the ICTY for the commission of crimes against Bosnian Muslims who were interrogated at the headquarters of the “Jokers” (in Nadioci, Bosnia and Herzegovina) in May 1993. During the interrogations, those detained were subjected to sexual assaults, rape and other physical and mental suffering. Trial Chamber II found Furundžija guilty of torture and outrages upon personal dignity including rape (as violations of the laws or customs of war). Subsequently, he was sentenced to 10 years of imprisonment.

Furundžija appealed against the judgment of Trial Chamber II, arguing that he was denied the right to a fair trial; that the evidence was insufficient to convict him; that the reliance on evidence of acts that were not charged in the indictment was improper; that the presiding judge should have been disqualified; and that the imposed sentence was excessive. 

The Appeals Chamber, unanimously, dismissed all grounds of appeal of Furundžija and affirmed his sentence of 10 years of imprisonment. 

During Indonesia’s illegal occupation of East Timor from 1975 until 2002, a number of crimes were perpetrated against independence supporters by members of the Indonesian Armed forces and pro-autonomy militia groups.

The Accused, Mateus Tilman, was a member of the Ablai militia group. In September 1999, acting on the orders of the militia leader and joined by other individuals, the Accused proceeded to the home of a suspected independence supporter and that of his daughters. The homes were set alight using a petrol can, supplied by the Accused. As the residents started to flee, the unfortunate ones were attacked by the group with machetes and arrows, including a 12-year-old boy. Others escaped with burns.

The Special Panels for Serious Crimes convicted the Accused of attempted murder and sentenced him to 4 years’ imprisonment. His defence of duress was not accepted as the Panel found that he could have refused to join the militia or escaped thereafter. 

The events giving rise to the case have occurred in the municipality of Bosanski Šamac (Bosnia and Herzegovina) in 1992. After the Serb forces took over control, non-Serb civilians were detained at several prison camps throughout the municipality. One such facility was the primary school in Bosanski Šamac (Bosnia and Herzegovina). Milan Simić together with other Serb men severely beat and mistreated several detainees held at the primary school during the summer of 1992. In May 2002, Simić pleaded guilty to the crime against humanity of torture. Trial Chamber II entered a finding of guilt, and was left with the issue of determining the appropriate sentence for Simić.

With respect to the aggravating factors, Trial Chamber II accorded relevance to the gravity of the offence, Simić’s position of authority, the vulnerability and inferior status of the victims, and Simić’s discriminatory intent.

Trial Chamber II also took into consideration mitigating circumstances, including: Simić’s guilty plea, his remorse, his voluntary surrender, his lack of prior criminal conduct, his comportment at the Detention Unit and general co-operation with the Trial Chamber and the Prosecution.

After balancing these factors, Trial Chamber II sentenced Simić to 5 years of imprisonment.

The case encompasses the persecution of Bosnian Muslims, Bosnian Croats and other non-Serbs in 37 municipalities of Bosnia and Herzegovina in 1992, and the role played by Biljana Plavšić therein, as a high level political figure. On 2 October 2002, Plavšić pleaded guilty to the crime against humanity of persecutions and the Trial Chamber found him guilty accordingly. 

In order to determine the appropriate sentence for Biljana Plavšić, the Trial Chamber balanced the gravity of the crimes as well as the aggravating and mitigating circumstances. 

With respect to the gravity of the crimes, the Trial Chamber attached weight to the massive scope and extent of the persecutions; the numbers killed, deported and forcibly expelled; the grossly inhumane treatment of detainees; and the scope of the wanton destruction of property and religious buildings. 

Although the Trial Chamber accepted Biljana Plavšić’s superior position as an aggravating factor, it also took into consideration the following mitigating circumstance: Biljana Plavšić’s guilty plea (together with remorse and reconciliation); her voluntary surrender and post-conflict conduct; as well as her age of 72 years.

Balancing all these factors, the Trial Chamber determined that the appropriate sentence for Biljana Plavšić is 11 years’ imprisonment.