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Damjanović (Dragan): Prosecutor's Office of Bosnia and Herzegovina v. Dragan Damjanović
Verdict, 13 Jun 2007, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
Dragan Damjanović, born in Sarajevo on 23 November 1961, was an ethnic Serb citizen of Bosnia-Herzegovina. Damjanović was a member of the Republika Srpska Army, and was accused and found guilty of crimes against humanity (murder, enforced disappearance, and sexual crimes amongst others) committed in Vogošća municipality between July 1992 and January 1993. The Court of Bosnia and Herzegovina sentenced him to 20 years imprisonment to be served in fully closed prisons under strict control.
Mousa v. USA: Ali Zaki Mousa and others, claimants, v. Secretary of State for Defence, defendant, and Legal Services Commission, interested party
Judgment, 16 Jul 2010, High Court of Justice, Queen’s Bench Division, Divisional Court, Great Britain (UK)
This case marks the beginning in a series of proceedings before the British courts with regard to the (existence of a) duty to investigate alleged widespread torture and abuse of Iraqis by British troops during Iraq’s occupation, lasting from 2003 until 2008. The claimant in Mousa v. UK, Ali Zaki Mousa, represents about 100 Iraqis – with the possible addition of 100 more after intervention – who were allegedly tortured or otherwise ill-treated during their detention at British military bases in Iraq, often without being charged (many of them were allegedly released after a period of time without any information on the reasons for either their detention or release). The claimants asked the High Court of Justice to order the Secretary of State for Defence to start investigations into the alleged misconduct. The Court agreed with him, finding that the current investigating bodies were too much intertwined with the army itself and did not constitute independent bodies of judicial review, as required by the European Convention on Human Rights (ECHR). Therefore, the Secretary of State was ordered to initiate proper investigations.
Mamani v. De Lozada & Berzain: Mamani et al. v. Sánchez de Lozada, and Mamani et al. v. Sánchez Berzain
Decision on Appeal, 29 Aug 2011, United States Court of Appeals for the Eleventh Circuit, United States
Nine relatives of people killed during a series of national protests in Bolivia in October 2003, brought a case in the U.S. against the former President of Bolivia, Sánchez de Lozada, and the former Minister of Defence of Bolivia, Sánchez Berzaín. The plaintiffs claimed that Sánchez de Lozada and Sánchez Berzaín were responsible for the killing of more than 400 people in Bolivia during the suppression of the protests directed against the government’s policies. In particular, the plaintiffs claimed that Sánchez de Lozada and Sánchez Berzaín gave orders to the Bolivian security forces to use deadly force against protestors. The plaintiffs asked for compensation. On 29 August 2011, a U.S. Court of Appeals dismissed their claims because they had not presented enough evidence to establish a link between both Sánchez de Lozada and Sánchez Berzaín and the killings.
Astiz: Alfredo Ignacio Astiz
Verdict, 26 Oct 2011, Federal Tribunal Nº 5 of Buenos Aires, Argentina
Barake v. Israel: Barake et al. v. The Ministry of Foreign Defense et al.
Judgment, 14 Apr 2002, Supreme Court of Israel sitting as the High Court of Justice, Israel
During IDF operations against terrorist infrastructure in the areas of the Palestinian Authority (“Operation Defensive Wall”), a dispute arose about burial rights. The Palestinian petitioners requested that the IDF be ordered to cease checking and removing the bodies of Palestinians that had been killed during the course of warfare in the Jenin refugee camp, and that the IDF be ordered not to bury those ascertained to be terrorists in the Jordan valley cemetery. Petitioners also requested to acknowledge that the tasks of identifying and removing the bodies were the responsibility of medical teams and the Red Cross, and that the families be allowed to bring their dead to a quick and honorable burial.
The Supreme Court of Israel held that the government was responsible, under international law, for the location, identification, and burial of the bodies. As such, teams will be assembled for the location, identification and removal of bodies. The government agreed that the Red Cross should participate in these activities and would "positively consider the suggestion" that the Red Crescent also participate, according to the discretion of the Military Commander. Furthermore, it was established that the identification process be completed as quickly as possible, and will ensure the dignity of the dead as well as the security of the forces. At the end of the identification process, the burial stage will begin; the government allowed the Palestinians to do this themselves, as long as they did it in a timely manner and without threatening Israeli security. Also, no differentiation will be made between bodies (e.g. between the bodies of civilians and the bodies of declared terrorists).
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