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Touvier: France v. Paul Touvier
Cassation Partielle, 27 Nov 1992, Cour de Cassation, Chambre Criminelle, France
Paul Touvier was a collaborator in Vichy France. He was arrested after World War II on charges of treason and collaborating with the enemy and sentenced to death but escaped in 1947 and escaped prosecution for the next 43 years. The statute of limitations for these sentences elapsed in March 1967. However, time limitations for crimes against humanity were abolished in France in 1964, and Touvier was arrested on 24 May 1989 and charged with complicity in crimes against humanity. He was accused of crimes against humanity, committed while carrying out his function as local leader of the Second Service of the Militia in Lyon: involvement in raids, the arrest, torture and deportation of resistance members and the execution of seven Jews in Rillieux on 28 and 29 June 1944.
However, the Court of Appeal in Paris found that, apart from the crimes committed in Rillieux, there was not enough evidence to indict Touvier and declared the charges inadmissible. The Court also ruled that the remaining charge, the crimes committed in Rillieux, could not be classified as crimes against humanity, thus rendering the charge invalid as the period of prescription period had elapsed.
The Cour de Cassation reversed the Court of Appeal’s decision, but only with regards to the murders in Rillieux. The Cour de Cassation ruled that the events in Rillieux in fact constituted crimes against humanity.
Seifert: Italy v. Seifert
Sentenza (sentence), 24 Nov 2000, Military Tribunal of Verona (Tribunale Militare Di Verona ), Italy
At the end of World War II, Michael Seifert, a Ukrainian national who had joined the SS, served as a guard at the Bolzano transit concentration camp. Here, together with another Ukrainian national, and upon the orders (or with acquiescence) of his superior Cologna, he participated in the murder and unlawful killing of internees of the Bolzano camp. In 1951 Michael Seifert moved to Canada where he lived until he was extradited to Italy in 2008.
In 2000, when he was still living in Canada, he was tried in absentia by the Military Tribunal of Verona and charged with acts of violence and murder under Articles 13 and 185 of the Military Criminal Code Applicable in Time of War. The Military Tribunal held that it had jurisdiction to try the case, as the Military Criminal Code Applicable in Time of War also applies to soldiers of the enemy’s armed forces and members of the SS (as Seifert was), are to be considered part of the Third Reich’s armed forces. The Tribunal rejected Seifert’s defence that he acted on orders of his superior, stating that the carrying out of superior orders is no defence to war crimes, as the order to commit such crimes is clearly unlawful and thus allows the subordinate to challenge it.
The Court found Seifert guilty of 11 murders and sentenced him to the maximum penalty of life imprisonment.
Basson: The State v. Wouter Basson
Uitspraak (Verdict), 3 Jun 2003, Supreme Court of Appeal, South Africa
Post-apartheid South Africa continues to be faced with the difficult question on how to deal with past human rights violations. From 1999 until 2005, the South Africa Prosecution Authority attempted to have Wouter Basson convicted. Basson was head of the secret chemical and biological warfare project during the apartheid era. He was charged with a variety of crimes, including murder, fraud and dealing drugs. After several charges were dismissed and Basson was acquitted of all other charges, the prosecutor sought permission to appeal. He mainly held that the judge should have stepped back from this case, as the prosecution had accused him of being biased.
However, the Supreme Court of Appeal held that only the defendant could appeal against factual questions and the Court considered the question of bias to be a factual question. Other reasons given by the prosecutor for appeal were dismissed as well. For example, the Court held that the prosecutor should have appealed against the dismissal of several charges at an earlier stage.
Ramić: The Prosecutor v. Niset Ramić
Verdict, 17 Jul 2007, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Bosnia and Herzegovina, Bosnia and Herzegovina
In the morning of 20 June 1992, a group of armed soldiers entered the settlement of Hlapčevići and surrounded the homes of Serb inhabitants. Ramić ordered these armed soldiers to take persons out of their houses, tie their hands with a cord and search their houses. After that, Ramić ordered them to move to the Youth Center of the municipality. At a certain point, the men were stopped and lined up against the wall of a house. One of them was asked for information regarding hidden weapons and minefields. When the questions remained unanswered, the accused shot at him and at the other civilians. He also shot a second time when they were lying on the ground. Three men died instantly, and one succumbed to his injuries on the way to the hospital. Two were seriously injured.
On 17 July 2007 by first instance verdict, Niset Ramić was found guilty of war crimes against civilians and sentenced to 30 years compound long-term imprisonment sentence.
Zentai: Minister for Home Affairs of the Commonwealth v. Zentai
Order, 15 Aug 2012, High Court of Australia, Australia
Charles Zentai is an Australian citizen, who is accused of involvement in the killing of a young Jewish man, Mr Balazs, in Budapest in November 1944. The young man was not wearing his yellow star, upon which Zentai allegedly dragged him to an army post and, with others, beat him to death.
In 2005 the Republic of Hungary asked Australia to extradite Charles Zentai. In 1944, there was no offence of war crime in the Hungarian Criminal Code. Although murder was a crime in the National Code in 1944, the Republic of Hungary did not seek the accused’s surrender for prosecution for murder, but for war crime.
On 12 November 2006, the Minister determined that the accused was to be surrendered to the Republic of Hungary. A judge of the Federal Court and later on the Full Court of the Federal Court required that the accused should be released.
On 15 August 2012, the High Court determined that the Minister could not extradite the accused, because the Treaty on Extradition between Australia and the Republic of Hungary determines that extradition may only take place for a crime that was an offence in the Requesting State at the time the acts constituting it occurred.
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