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Bjelić: Prosecutor's Office of Bosnia and Herzegovina v. Veiz Bjelić

Verdict, 28 Mar 2008, Court of Bosnia and Herzegovina, Bosnia and Herzegovina

Veiz Bjelić was born on 12 September 1949 in Vlasenica. In the period from June 1992 to 26 January 1993, he was a prison guard in the “Štala” prison where Serb civilians and members of the armed forces who no longer participated in the fighting, were detained. During that time, Bjelić repeatedly raped one female person and threatened to kill her if she would tell it to someone. He also led soldiers of the Territorial Defence of the Republic of Bosnia and Herzegovina to enter the prison, where they subsequently abused Serb civilians both physically and mentally.

Bjelić was found guilty on 28 March 2003 and was sentenced to six years imprisonment.


Soares (Carlos): The Prosecutor v. Carlos Soares

Judgement, 31 May 2001, Special Panels for Serious Crimes (District Court of Dili), East Timor

Indonesia illegally occupied East Timor from 1975 until 2002 during which time members of the Indonesian Armed Forces (TNI) and a number of pro-autonomy militia groups perpetrated widespread crimes against the civilian population of East Timor, particularly those suspected of being independence supporters.

In September 1999, the Accused, Carlos Soares, was a member of the Darah Integrasi militia group. During an attack on a village in which the militia, alongside the TNI, burnt down civilian homes and killed the villagers who refused to run away, the Accused shot an elderly man through the neck, killing him. The Accused was convicted of murder as a domestic offence and sentenced to 15 years and 6 months’ imprisonment.


Simić: The Prosecutor v. Milan Simić

Sentencing Judgment , 17 Oct 2002, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands

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.


Češić: The Prosecutor v. Ranko Češić

Sentencing Judgment, 11 Mar 2004, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands

Ranko Češić was brought before the ICTY for his role in the commission of crimes in collection centers in the municipality of Brčko (Bosnia and Herzegovina) in May 1992. On 8 October 2003, Češić pleaded guilty to charges of war crimes and crimes against humanity, and subsequently, the Trial Chamber entered a finding of guilt.

In order to assess the appropriate sentence for Češić, Trial Chamber I balanced the gravity of the offences, the aggravating and mitigating circumstances.

With respect to the gravity of the crimes, Trial Chamber I considered that the high number of murders and the violation of the moral and physical integrity of the rape victims were factors that underlined the seriousness of the committed crimes.

Trial Chamber I also found that the vulnerability of the victims, the cruelty and depravity shown during the commission of the crimes and the exacerbated humiliation of the victims were all aggravating factors. Conversely, three mitigating circumstances were accorded relevance, namely, Češić's guilty plea, cooperation with the Prosecution, and his remorse.

Češić was sentenced to 18 years of imprisonment.


Guterres: The Prosecutor v. Aparicio Guterres a.k.a. Mau Buti

Judgement, 28 Feb 2005, Special Panels for Serious Crimes (District Court of Dili), East Timor

Indonesia had illegally occupied East Timor since 1975. Members of its armed forces (TNI) along with approximately 20 militia groups perpetrated a countrywide campaign to terrorise the civilian population, in particular alleged supporters of Timorese independence.

The Accused was a member of the DMP (Dadurus Merah Putih) militia which, in September 1999, was ordered to accompany a Sergeant in the TNI to kill persons who had escaped from a previous massacre. However, the Prosecution was unable to find any witnesses who could attest to the murder of any individuals or the Accused’s involvement. The only eyewitness changed his story multiple times. Consequently, the Special Panel acquitted the Accused of the crime against humanity of murder. 


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