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Abimael Guzmán et al.: Caso Manuel Rubén Abimael Guzmán Reinoso y otros

Sentencia (Judgment), 13 Oct 2006, Sala Penal Nacional, Peru

Abimael Guzmán was the founder of the Shining Path, a guerrilla group in Perú. The aim of the Shining Path was to overthrow the Peruvian government. Between 1980 and 2000, the Shining Path was responsible for an extensive campaign of violence, including the killings of thousands of people.

Guzmán was arrested in 1992, and in the same year, a secret military court sentenced him to life imprisonment. This decision was found to have been based on unconstitutional laws in 2003, and resulted in the retrial of Guzmán and the other Shining Path leaders. The charges included terrorism, murder and other offences. The lower Peruvian court found Guzmán guilty of terrorism and other offences, sentencing him, and his second in command, Elena Iparraguirre, to life imprisonment. The other ten co-defendants were also found guilty, and received sentences between 24 and 35 years of imprisonment.


Ochoa Lizarbe v. Hurtado: Teófila Ochoa Lizarbe et al v. Telmo Ricardo Hurtado Hurtado

Final Judgment, 4 Mar 2008, United States District Court Southern District of Florida, Miami Division, United States

On 14 August 1985, 60 women, children and elderly men were killed in the highlands village of Accomarca in Peru’s southern Andean region of Ayacucho. This massacre is known as the Accomarca Massacre.

The plaintiffs brought a complaint against Telmo Ricardo Hurtado Hurtado (Second Lieutenant (Subteniente) in the Peruvian Army) who was responsible for the command of the soldiers that committed the killings. The plaintiffs sought justice on behalf of all the members of the Asociación de Familiares Afectados por la Violencia Política del Distrito de Accomarca (Association of Relatives of the Victims of Political Violence in Accomarca) who lost relatives in the massacre. Hurtado was found guilty for the crimes committed in connection with the Accomarca Massacre.

On 4 March 2008, the District Court for the Southern District of Florida ordered Hurtado to pay $37 million in damages to the plaintiffs.


Fuštar: Prosecutor’s Office of Bosnia and Herzegovina v. Dušan Fuštar

Verdict, 21 Apr 2008, Court of Bosnia and Herzegovina, Section I for War Crimes, Criminal Division, Bosnia and Herzegovina

In this case appearing before the Criminal Division, the accused Dušan Fuštar was found guilty for crimes against humanity regarding his participation in the running of the Keraterm camp in Prijedor municipality. He was sentenced to 9 years of imprisonment after he entered a plea agreement with the Prosecutor’s Office.

This marked the first time that a case referred to the Court of BiH by the ICTY (in the case of Željko Mejakić et al.) was settled through a plea agreement. The Court found Dušan Fuštar guilty and sentenced him to nine years of imprisonment.


Germany v. Mantelli: Federal Republic of Germany v. Mantelli et al.

Ordinanza, 29 May 2008, Supreme Court of Cassation, Italy


Kalimanzira: Callixte Kalimanzira v. The Prosecutor

Judgement, 20 Oct 2010, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

Callixte Kalimanzira was the directeur de cabinet in the Ministry of Interior, the ministry’s second most senior official, from September 1992 through the relevant events of 1994. On 22 June 2009, Trial Chamber III of the ICTR found Kalimanzira guilty of instigating and aiding and abetting genocide at the roadblock on Butare-Gisagara road around 22 April 1994, at Kabuye hill on 23 April 1994 and at the inauguration of Élie Ndayambaje as mayor of Muganza Community on 22 June 1994. In addition, Kalimanzira was convicted for committing direct and public incitement to commit genocide in Butare prefecture. He was sentenced to 30 years of imprisonment.

Both the Accused and the Prosecution filed an appeal against the Trial judgment. On 20 October 2010, the Appeals Chamber affirmed the conviction for aiding and abetting genocide at Kabuye hill but overthrew the remaining convictions after finding several factual and legal errors in the Trial Chamber’s assessment. The Chamber dismissed the Prosecution’s appeal in its entirety and reduced Kalimanzira's sentence from 30 years to 25 years of imprisonment.  


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