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De Carvalho: The Prosecutor v. Lino de Carvalho
Judgement, 18 Mar 2004, Special Panels for Serious Crimes (District Court of Dili), East Timor
During Indonesia’s illegal occupation of East Timor from 1975 until 2002, the Indonesian Armed Forces and over 20 local militia groups operated perpetrated widespread and systematic attacks against the civilian population, particularly targeting those individuals who were known to be or suspected of being independence supporters.
Saka Loromonu was one such pro-autonomy militia group who, in September 1999, abducted a known independence supporter from the home in which he was staying with his relatives. He was taken to militia headquarters where he was severely beaten, including with a machete. On the orders of the Deputy Commander of the militia, the Accused, Lino de Carvalho, and other militia members took the victim to a beach where he was repeatedly stabbed. His head was decapitated and brought back to the Commander as evidence of the execution. His body was left by the side of the road to serve as a warning to support Indonesian autonomy.
The Special Panels convicted Carvalho of murder as a crime against humanity and sentenced him to 7 years’ imprisonment.
Ludji & Gusmao: Deputy General Prosecutor for Serious Crimes v. Beny Ludji and Jose Gusmao
Juglamento, 19 May 2004, District Court of Dili, Special Panel for Serious Crimes, East Timor
Babić: The Prosecutor v. Milan Babić
Sentencing Judgment, 29 Jun 2004, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands
The case against Milan Babić centered around the crimes that were committed by Serb forces in the Autonomous Region of Krajina (SAO Krajina) in Croatia, later known as the Republic of Serbian Krajina (RSK). Between August 1991 and February 1992, Serb forces attacked towns and villages in the Krajina region. After taking over control of the area, a campaign of crimes was commenced during which Croats and other non-Serbs were subjected to murder, imprisonment, deportation, forcible transfer and destruction of their homes, properties and cultural institutions. Babić held several high-level positions, such as President of the RSK.
On 27 January 2004, Babić pleaded guilty to the crime against humanity of persecutions and, subsequently, on 28 January 2004, Trial Chamber I found him guilty.
Trial Chamber I balanced the gravity of the crime Babić admitted to with the aggravating and mitigating circumstances in order to determine the adequate sentence.
It found that the crimes were of extreme gravity and Babić's high level political position was an aggravating factor since he made resources available and prepared the Serb population to accept the crimes of persecution. Trial Chamber I also found several mitigating factors, including Babić's guilty plea, cooperation with the Prosecution, his remorse and family situation. Babić received a sentence of 13 years of imprisonment.
Brđanin: The Prosecutor v. Radoslav Brđanin
Judgment, 1 Sep 2004, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands
The Assembly of the Serbian People in Bosnia and Herzegovina proclaimed the Serbian Republic of Bosnia and Herzegovina in January 1992. Shortly afterwards, a strategic plan was created with the aim to remove the non-Serb population from the newly proclaimed Bosnian Serb state. To this extent, the local police, the newly created army and Serb paramilitary groups engaged in a campaign of attacks resulting in the commission of crimes against the non-Serb population. During this time, Brđanin was the President of the Autonomous Region of Krajina (ARK) Crisis Staff, which functioned as a center for cooperation between the Serb forces committing the crimes.
Trial Chamber II held that there was insufficient evidence to prove that the crime of genocide was committed in the territory of the ARK. Therefore, Brđanin could not be found guilty on such charges.
However, the ARK Crisis Staff's decision to disarm the non-Serbs was found to have assisted and substantially contributed to the commission of the crime of torture, which led Trial Chamber II to find Brđanin guilty of aiding and abetting torture both as a crime against humanity and as a grave breach of the 1949 Geneva Conventions.
Trial Chamber II furthermore found Brđanin guilty of other crimes against humanity and war crimes. He was sentenced to 32 years' imprisonment.
Sufa: The Deputy Prosecutor-General for Serious Crimes v. Anton Lelan Sufa
Judgement, 25 Nov 2004, Special Panels for Serious Crimes (District Court of Dili), East Timor
Indonesia had illegally occupied East Timor since 1975 despite the will of the Timorese to gain independence. The Indonesian Armed Forces, together with a number of militia groups, carried out a nationwide campaign intended to terrorise and punish independence supporters.
The Accused was the leader of the Sakunar militia group for the village of Bebo. In this capacity, he ordered the deaths of two suspected independence supporters and requested that the ear of the second victim be brought back to him as proof. He additionally participated in the beating of a third victim. He pleaded guilty to the charges of murder and other inhumane acts as a crime against humanity. The Court sentenced him to 7 years’ imprisonment finding him liable for failure to prevent his subordinates’ crimes, for ordering the commission of such crimes and for jointly committing one crime, the beating.
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