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Kuswani: The Ad Hoc Prosecutor v. Asep Kuswani
Judgment, 28 Nov 2002, The Indonesian Ad Hoc Tribunal for East Timor, Indonesia
The Ad Hoc Tribunal acquitted the three defendants of the charges entered against them and found that the prosecution had not been able to establish a link between the TNI (Indonesian National Armed Forces) and Polri (Resort Police of the Police of Republic of Indonesia), on the one hand, and the BMP, on the other. The former were official governmental bodies, whereas the latter were militia. The judgment was publicly criticized as it was argued that the TNI and the riot police were indeed involved in the violence, including the killing of the 22 civilians.
Ould Dah: Ely Ould Dah
, 7 Jan 2005, Cour d'assises du Gard, France
Stankovic: Prosecutor’s Office of Bosnia and Herzegovina v. Radovan Stankovic
Verdict, 14 Nov 2006, Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina
Radovan Stankovic, member of a Serb battalion during the war in Bosnia and Herzegovina (1992-1995), was initially indicted by the ICTY Prosecutor for his alleged involvement in crimes against humanity in 1996 and 1999. However, his case was ultimately referred to the Court in Bosnia and Herzegovina in 2005.
He was charged with crimes against humanity, as he was accused of having set up a detention centre for (often underaged) women, having incited other soldiers to rape detainees, and having coerced several detainees into forced labour and sexual intercourse. The Court heavily relied on witness statements to determine that he was guilty of four of the six charges, stating that the statements were clear and consistent. Stankovic was sentenced to sixteen years' imprisonment on 14 November 2006.
Stankovic: Prosecutor’s Office of Bosnia and Herzegovina v. Radovan Stankovic
Appeal Verdict, 28 Mar 2007, Court of Bosnia and Herzegovina, Section for War Crimes, Appelate Division, Bosnia and Herzegovina
Radovan Stankovic, member of a Serb battalion during the war in Bosnia and Herzegovina (1992-1995), was initially indicted by the ICTY Prosecutor for his alleged involvement in crimes against humanity in 1996 and 1999. However, his case was ultimately referred to the Court in Bosnia and Herzegovina in 2005.
He was charged with crimes against humanity, as he was accused of having set up a detention centre for (often underaged) women, having incited other soldiers to rape detainees, and having coerced several detainees into forced labour and sexual intercourse. The Court heavily relied on witness statements to determine that he was guilty of four of the six charges, stating that the statements were clear and consistent. Stankovic was sentenced to sixteen years' imprisonment on 14 November 2006.
The prosecution appealed against the sentence of 16 years' imprisonment and the acquittal of one of the charges. Stankovic himself basically contested all the Court’s findings, most notably stating that the witness statements were false and fabricated. The Appellate Panel of the left intact almost the entire verdict, though it did raise the sentence to 20 years imprisonment. Shortly afterwards, Stankovic escaped from jail. He was recaptured in January 2012. His five years on the run cost him an additional two years of imprisonment.
Brima et al.: The Prosecutor v. Alex Tamba Brima, Brima Bazzy Kamara and Santigie Borbor Kanu
Judgment, 20 Jun 2007, Special Court for Sierra Leone (Trial Chamber II), Sierra Leone
Following the coup by members of the Revolutionary United Forces in Sierra Leone, the democratically elected government of President Kabbah was replaced by a military junta headed by the Armed Forces Revolutionary Council (AFRC) in 1997.
The Accused, Brima, Kamara and Kanu, were leading members of the fighting forces of the AFRC throughout the armed conflict until the hostilities ended with the Lomé Peace Accord in July 1999. Trial Chamber II of the Special Court for Sierra Leone found all three Accused responsible for ordering, committing, planning the crimes perpetrated by AFRC forces against civilians, including murder, rape, enslavement, collective punishment, mutilation, burning of civilian property and use of child soldiers in the hostilities. The Accused were also liable as the superiors in charge of AFRC forces for failing to prevent the rapes committed by their subordinates.
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