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Kiobel v. Shell: Esther Kiobel et al. v. Royal Dutch Petroleum Company et al.

Decision, 17 Sep 2010, Court of Appeals for the Second Circuit, Unites States of America, United States

The Shell Petroleum Development Company of Nigeria Limited was involved in extracting and development of oil in the Ogoni region of Nigeria. Concerned over the devastating environmental impact that Shell’s activities were having on the region, a group of individuals known collectively as the Ogoni Nine, protested against Shell’s activities. The Ogoni Nine were detained by the Nigerian military junta on spurious charges, held without charge, tortured and hanged following a sham trial before a Special Tribunal in November 1995.

The present dispute is a class action filed by 12 Nigerian individuals, now US residents, seeking compensation from Shell for having aided and abetted the Nigerian government to summarily execute the activists in an effort to suppress protests against Shell’s oil operations. Specifically, they allege that Shell bribed and tampered with witnesses and paid Nigerian security forces that attacked Ogoni villages. In 2006, the District Court for the Southern District of New York dismissed the charges against the defendants for extrajudicial killing and violations of the right to life, security and association. On appeal by both parties, the Court of Appeals for the Second Circuit held that the Alien Tort Statute does not provide jurisdiction over claims for violations of international law committed by corporations and not individual persons. Accordingly, the suit against the defendants could not continue and all charges are to be dismissed.    


Kujundžić: Prosecutor's Office of Bosnia and Herzegovina v. Predrag Kujundžić

Second Instance Verdict, 4 Oct 2010, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina

Predrag Kujundžić was born on 30 January 1961 in the village of Suho Polje in the municipality of Doboj, Bosnia and Herzegovina. Kujundžić was the commander of the Predini vukovi military unit, which functioned as part of the army of the Republika Srpska.

The Prosecutor’s Office of Bosnia and Herzegovina alleged that on 12 June 1992, Kujundžić occupied the village of Čivčije Bukovačke, and subsequently blew up the village’s mosque, plundered and set on fire some houses, and ordered that all Bosniak men gathered in front of the village’s culture center. After the men (160 in total) were gathered, they were exposed to a several hours’ long physical and mental abuse by Kujundžić and his unit members. Subsequently, all men were taken to the Perčin disco camp located in the place of Vila in the Doboj municipality, where they were confined on inadequate premises and exposed to every-day abuses by various groups of soldiers who could freely enter the camp. 

On 4 October 2010, the Court of Bosnia and Herzegovina found Kujundžić guilty and sentenced him to 17 years imprisonment.


Selliaha/Liberation Tigers of Tamil Eelam (LTTE): The Prosecutor v. Selliaha/Liberation Tigers of Tamil Eelam (LTTE)

Judgment given after full argument on both sides, 21 Oct 2011, District Court of The Hague, The Netherlands

Five men, allegedly members of the Liberation Tigers of Tamil Eelam (LTTE, a rebel group in Sri Lanka), were brought before the District Court of the Hague (the Netherlands) on charges of, among others, extortion, money laundering, and raising funds for a terrorist organization. The European Union (EU) placed the LTTE on a list of terrorist organizations in 2006. The present judgment was handed down against one of the suspects, identified only as Selliaha, who acted as the LTTE’s overseas bookkeeper.

The five men, including Selliaha, allegedly extorted millions of Euros through blackmails and threats in order to fund the LTTE in Sri Lanka.

The District Court found Selliaha guilty of invlovement with a criminal organization, but not of supporting terrorism. Furthermore, the District Court considered that the conflict in Sri Lanka amounts to a non-international armed conflict, but dismissed a large number of charges on the basis that the Netherlands was not party to the conflict. Moreover, the District Court ruled that the EU’s classification of the LTTE as a banned organization, made the fundraising operations unlawful in the Netherlands.

The District Court acquitted Selliaha of extortion but convicted him of threatening prospective donators. Selliaha was sentenced to 6 years of imprisonment, the longest sentence of the five accused.


RMS v. The Netherlands: Government in exile of the Republic of South Moluccas (RMS) v. The Netherlands

Uitspraak, 22 Nov 2011, Court of Appeal of The Hague, The Netherlands

The President of Indonesia, Susilo Bambang Yudhoyono, had planned a visit to the Netherlands from 6 to 8 October 2010. The government in exile of the Republic of South Moluccas (RMS) filed a complaint in the Netherlands and requested the Indonesian President to be arrested upon arrival in the Netherlands, and furthermore, that he would be prosecuted for human rights violations committed against Moluccan detainees.

On 14 October 2010, the District Court of The Hague dismissed the case because President Yudhoyono as head of state could not be prosecuted (head of state immunity).

On 22 November 2011, the Court of Appeal upheld the decision.


Ndahimana: The Prosecutor v. Grégoire Ndahimana

Judgement and Sentence, 30 Dec 2011, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania

Grégoire Ndahimana was Mayor of Kivumu commune (community)in Rwanda in April 1994. Following the death of President Habyarimana, a common plan was realised in Kivumu commune. The purpose of this plan was to exterminate the Tutsis who lived there.

After the President’s death, one to two thousand Tutsi civilians sought refuge at Nyange parish. Only a very small number of these civilians survived the attacks on the parish that occurred on 15 and 16 April 1994.

The Prosecutor of the ICTR charged Ndahimana with genocide and extermination as a crime against humanity for his role in the massacres of Tutsis that took place in Kivumu commune over ten days from 6 April 1994 to 16 April 1994. He was found guilty of genocide and extermination by aiding and abetting as well as by virtue of his command responsibility over the communal police. Ndahimana was sentenced to 15 years of imprisonment.  

Both the Prosecution and the Defence have lodged appeals against the judgment.


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