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Al Dujail: The Public Prosecutor in the High Iraqi Court et al. v. Saddam Hussein Al Majeed et al.
Opinion, 26 Dec 2006, Iraqi High Tribunal (Appeals Commission), Iraq
In July 1982, a convoy carrying the President of Iraq, Saddam Hussein, was fired upon by unknown individuals as it was visiting the town of Al Dujail. In response to what the President perceived as an assassination attempt but which did not injure anyone, a systematic attack was launched against the residents of Al Dujail as they were fired upon from aircraft and their property was destroyed. A Revolutionary Court sentenced 148 residents to death without trial for their alleged involvement in the assassination attempt. Of those that were hanged, the Tribunal identified a number of children. Countless others died in detention, as a result of torture at the hand of the Investigation Services, or from malnutrition, lack of access to medical care and poor hygienic conditions.
At first instance, the Iraqi High Tribunal convicted seven of the eight defendants charged, including Saddam Hussein who was sentenced to death by hanging along with his brother, Barazan Ibrahim, the head of the Intelligence Services. On appeal, the Appeals Commission of the High Tribunal upheld the convictions and sentences and found cause to increase the sentence of Taha Yassin Ramadan, Deputy Prime Minister and General Commander of the Popular Army, to death. Since the judgement, the Iraqi High Tribunal has come under criticism for the alleged unfairness of its proceedings owing, partly, to the continued interference of the Iraqi government in the trial.
Vračević: Prosecutor's Office of Bosnia and Herzegovina v. Mirko Vračević a/k/a Srbin
Indictment, 27 Dec 2006, State Court of Bosnia and Herzegovina, Bosnia and Herzegovina
Mirko Vračević was born on 15 March 1945 in Donji Smrtići in Republika Srpska, Bosnia and Herzegovina. He was member of the Bijelo Polje Battalion of the Second Brigade of the Croatian Defence Council (HVO), and a guard in the Vojno prison facility which was set up by the HVO. In the period between July 1993 and March 1994, Vračević planned, instigated and perpetrated an attack conducted by the HVO against the Bosnian Muslims (Bosniak) residing in the municipality of Mostar. During that attack, 76 women, children and elderly were arrested and later kept in houses in Vojno village located in the Mostar municipality. Moreover, hundreds of men were kept in garages and cellars of houses where they were beaten and psychologically maltreated, and as a result, 16 of them died. During their detention, the Bosniak civilians did not have access to adequate food, clothing, drinking water or medical care.
Bektašević et al.: Mirsad Bektašević, Abdulkadir Cesur, Bajro Ikanović,Senad Hasanović
Verdict, 10 Jan 2007, Court of Bosnia and Herzegovina, Bosnia and Herzegovina
Mirsad Bektašević, Abdulkadir Cesur, Bajro Ikanović, and Senad Hasanović were indicted in 2005 on charges of terrorism for their intended commission of terrorist acts, including a suicide bombing attack in order to coerce the Bosnian government or other European governments to withdraw their forces from Iraq and Afghanistan.
The Court of Bosnia and Herzegovina found the accused guilty with respect to both terrorism and the attempted obstruction of an official. The sentences handed down ranged between 15 years 4 months and 6 months.
John Doe v. Exxon Mobil: John Doe et al. v. Exxon Mobil Corporation et al.
Memorandum, 12 Jan 2007, United States Court of Appeals, District of Columbia, United States
Several villagers from Aceh, Indonesia, filed a civil suit against oil and gas company Exxon Mobil. They argued that the company carried responsibility for human rights violations committed by Indonesian security forces by hiring these forces and because Exxon Mobil knew or should have known that human rights violations were being committed.
After the District Court allowed the case to proceed in part, the plaintiffs presented an amended complaint, which was assessed again by the District Court. It allowed most of these claims, which were based on the laws of the District of Columbia, to proceed. Exxon appealed to this ruling, but the Court of Appeals stated that it did not have jurisdiction to hear the appeal. The Court also refused to compel the District Court to dismiss the case.
Ndindabahizi: Emmanuel Ndindabahizi v. The Prosecutor
Judgement, 16 Jan 2007, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
The Accused, Emmanuel Ndindabahizi, was Minister of Finance of the Interim Government of Rwanda from 9 April 1994 until he left Rwanda on 13 or 14 July 1994.
On 15 July 2004, Trial Chamber I found Ndindabaizi guilty of one count of genocide and two counts of crimes against humanity (extermination and murder) for his role in the events at Gitwa Hill and at the Gaseke roadblock. Ndindabahizi appealed against his convictions and his sentence.
The Appeals Chamber upheld Ndindabahizi's convictions for genocide and extermination as a crime against humanity for his participation in the events at Gitwa Hill in late April 1994 which resulted in the death of thousands of Tutsi. The Chamber reversed the convictions for genocide and murder in relation to the killing of one victim at Gaseke roadblock. Nevertheless, the Appeals Chamber underlined that Ndindabahizi's criminal responsibility had to be determined according to the entirety of his contribution to the Rwandan genocide. Hence the Chamber unanimously held that his acquittal for the murder of one victim did not diminish the gravity of his actions and it confirmed the life sentence imposed on him.
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