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Sedyono et al.: The Prosecutor v. Herman Sedyono, Liliek Koeshadianto, Gatot Subyakto, Achmad Syamsudin and Sugito
Judgement, 15 Aug 2002, The Ad Hoc Human Rights Tribunal at the Human Rights Court of Justice of Central Jakarta, Indonesia, Indonesia
After the referendum on the independence of East Timor from Indonesia, violence erupted between pro-independence and pro-integration groups. On September 6, 1999 the Ave Maria church in Suai, in the Kovalima regency, in which civilians were taking refuge, was attacked by pro-integration militias Laksaur and Mahidi. The militias entered the church with homemade firearms and sharp weapons, killing 27 people.
At the time of the attack on the church in Suai, Herman Sedyono, an Indonesian Army Officer, was the regent or Chief of Kovalima regency and as such the head of government and the head of the regional authorities.
Before the attack a meeting took place at the official residence of Herman Sedyono. Herman Sedyono and the four other accused, Lilik Kushardianto, Ahmad Syamsuddin, Sugito (Indonesian military officials) and Gatot Subyakto (a police officer) were all present at the incident at the Suai Church.
The Court found that grave human rights violations, in the form of murder as a crime against humanity, had taken place at the Suai Church. The crimes against humanity were committed by militia groups Laksaur and Mahidi. The Court found insufficient proof that the accused were responsible for the attacks on the basis of command responsibility. With regard to Herman Sedyono and Gatot Subyakto, the Court found that they were not military commanders or persons that effectively act as military commanders, as Sedyono was in function of head of the government and Subyakto was a police officer. The Court concluded that there was no organisational relation between the militias and the accused and that the accused had no effective control over the militias, so that the accused could not be held responsible for their actions.
Ahmed v. Magan: Abukar H. Ahmed v. Abdi Aden Magan
Stipulated Revised Pretrial Order, 10 Jan 2011, United States District Court for the Southern District of Ohio, Eastern Division, United States
Colonel Abdi Aden Magan, the defendant, was a member of the Marehan sub-clan of the Darod clan and held high positions (as Colonel and Chief) at the National Security Service (NSS) of Somalia. The plaintiff, Abukar Hassan Ahmed, was a human rights attorney and law professor at the Somali National University. He was detained at the NSS for approximately three months. During his detention, he suffered severe physical and psychological injuries. Ahmed claimed that, as a Chief of NSS Investigations, Colonel Magan was responsible for ordering and participating in his interrogation and torture.
Mehinovic v. Vuckovic: Kemal Mehinovic et al. v. Nikola Vuckovic
Order, 29 Apr 2002, United States District Court for the Northern District of Georgia, United States
The United States District Court of the Northern District of Georgia convicted a former Serb soldier, Nikola Vuckovic, to pay compensatory damage for crimes committed during the war in Bosnia-Herzegovina.
Four former victims of Vuckovic filed the case before the US District Court. The alleged acts took place in Bosanski Samac. The victims had known the defendant for years, since they were all from Bosanski Samac. After the war broke out, the victims were requested to come to the Police Station that had just been taken over by the Serbs. There they were tortured, beaten and assaulted for months. Other detainees died during this detention period. After some time, the detainees were transferred to a warehouse where the torture continued. After the war, all victims fled abroad. They still suffer physical and mental pain due to the abuses.
The US District Court holds Nikola Vuckovic responsible for the acts, by arguing that he was ‘a substantial and proximate cause and contributing factor in the injuries. The Court judges in favour of the victims and condemns Nikola Vuckovic to a 140 million dollar damage claim for the victims.
M. v. al-Tikriti: M. v. Barzan al-Tikriti
Décision, 22 Dec 2003, Federal Department of Defence, Switzerland
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.
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