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Prosecutor v. Mouhannad Droubi
Judgment, 26 Feb 2015, Södertörn District Court, Sweden
On 26 February 2015, Syrian citizen Mouhannad Droubi was sentenced by the Södertörn District Court in Sweden to five years in prison for crimes against international law (war crime) and gross assault. Droubi, who fought for the Free Syrian Army against the pro-government forces in the Syrian conflict, had taken refuge in Sweden and was granted residency in 2013. In July 2014, the Swedish police discovered a video of him, along with at least five other FSA fighters, violently assaulting a man who appeared to be a pro-regime fighter with a truncheon and a whip. The decision was overturned several times on appeal, leading to the final judgment of 5 August 2016 in which the accused was sentenced to 8 years’ imprisonment.
The Prosecutor v. Eyad Al-Gharib
Judgment, 24 Feb 2021, The Higher Regional Court of Koblenz, Germany
Mr. Eyad Al-Gharib is a Syrian citizen who was a member of the Syrian General Intelligence Directorate until 2012. Due to his conduct during the Arab Spring protests in Syria, he was found guilty by a German court of aiding and abetting crimes against humanity in the form of torture and deprivation of liberty and sentences to 4.5 years of imprisonment.
The offences in question occurred in Branch 251 and Section 40, which are part of the Syrian General Intelligence Directorate. In September or October 2011, a demonstration took place in the town of Douma. Members of Branch 251 and Section 40, including Mr. Al-Gharib, were deployed to deal with the demonstration. The officers shot at the demonstrators, and when the demonstrators tried to flee, the security forces, among them Mr. Al-Gharib, chased and arrested a large number of them and forced them into waiting buses. Thirty demonstrators were then taken to Branch 251, escorted by Mr. Al-Gharib. They were beaten on the busses and upon their arrival. They were then held in Branch 251 for at least several days. The conditions of detention were typical for the Branch: severely overcrowded underground detention rooms, partly without daylight; scarce food; terrible hygienic conditions; no information of the reason of detention or its duration; and, no information for the relatives of the detainees regarding their fate. The vast majority of the detainees were subjected to systematic physical violence during their detention and interrogation.
This judgment was the first court decision against a former agent of the Syrian government regarding the government-led crimes against humanity in Syria. This in turn permitted the Court to shed light on the repressive practices of the Syrian State apparatus.
Demjanjuk: State of Israel v. Ivan (John) Demjanjuk
Verdict, 29 Jul 1993, Supreme Court of Israel, Israel
The Nazis' widespread extermination of the Jewish population during World War II resulted in the loss of millions of lives. It was carried out primarily in concentration camps where hundreds of thousands of individuals were lead to the “showers” - gas chambers where they would be suffocated through breathing in gas. In the Treblinka camp in Poland, a Ukrainian guard nicknamed “Ivan the Terrible” was responsible for the operation of the motor to produce the gas and for various abuses perpetrated against the individuals in those camps including severe beatings with bayonets, pipes, whips and swords.
John Demjanjuk was a Ukrainian national who had retired in the United States from his career as a car-worker. He was extradited by the United States to stand trial in Israel when evidence came to light identifying him as Ivan the Terrible. He was convicted for crimes against humanity, war crimes, crimes against the Jewish people and crimes against persecuted persons and sentenced to death. On appeal, however, new evidence was introduced that cast a doubt on the identity of Ivan the Terrible. The Supreme Court of Israel found that there was reasonable doubt that Demjanjuk was not Ivan the Terrible and could not therefore be convicted of the crimes with which he was charged at Treblinka. However, the Supreme Court did state that the evidence did identify Demjanjuk as a member of the SS and a guard at other concentration camps but, since he was not charged with crimes committed in camps other than Treblinka, he had to be acquitted.
Demjanjuk: State of Israel v. Ivan (John) Demjanjuk
Decision on Petitions Concerning Ivan (John) Demjanjuk, 18 Aug 1993, Supreme Court of Israel, Israel
The Nazis' widespread extermination of the Jewish population during World War II resulted in the loss of millions of lives. It was carried out primarily in concentration camps where hundreds of thousands of individuals were lead to the “showers” - gas chambers where they would be suffocated through breathing in gas.
John Demjanjuk, a Ukrainian national and a retired auto-worker residing in the United States, was extradited to Israel to stand trial for war crimes and crimes against humanity allegedly committed by him during his time as a guard at the concentration camp Treblinka, Poland. He was convicted by the District Court of Jerusalem and then acquitted by the Supreme Court of Israel on the grounds of mistaken identity. The Court found that although the evidence established that Demjanjuk was a Wachtman – an individual trained at a Russian camp to assist the Germans - there was a reasonable doubt that he was Ivan the Terrible, the notorious guard at Treblinka responsible for a number of crimes.
The present decision is a petition by 10 civil parties for new trial proceedings to be brought against Demjanjuk on the basis of his involvement not with the Treblinka camp, but with the camp at Sobibor. The Supreme Court dismissed the petition finding that new proceedings might violate the rule on double jeopardy, which prohibits individuals being judged twice for the same conduct.
Al Dujail: The Public Prosecutor in the High Iraqi Court et al. v. Saddam Hussein Al Majeed et al.
Judgment, 5 Nov 2006, Iraqi High Tribunal (First Criminal Court), 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.
The present decision of the Iraqi High Tribunal convicted seven of the indicted defendants for crimes against humanity in connection with the attack on Al Dujail. Most notably, Saddam Hussein himself was convicted and sentenced to death by hanging along with his brother, Barazan Ibrahim, the head of the Intelligence Services.
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