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Damjanović (Dragan): Prosecutor's Office of Bosnia and Herzegovina v. Dragan Damjanović
Verdict, 13 Jun 2007, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
Dragan Damjanović, born in Sarajevo on 23 November 1961, was an ethnic Serb citizen of Bosnia-Herzegovina. Damjanović was a member of the Republika Srpska Army, and was accused and found guilty of crimes against humanity (murder, enforced disappearance, and sexual crimes amongst others) committed in Vogošća municipality between July 1992 and January 1993. The Court of Bosnia and Herzegovina sentenced him to 20 years imprisonment to be served in fully closed prisons under strict control.
Nahimana et al.: Ferdinand Nahimana, Jean-Bosco Barayagwiza, Hassan Ngeze v. The Prosecutor
Judgement, 28 Nov 2007, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
The present case concerned the role of Ferdinand Nahimana and Jean-Bosco Barayagwiza in the Radio television libre des mille collines (RTLM), that of Hassan Ngeze in the publication of the Kangura newspaper, as well as Jean-Bosco Barayagwiza’s involvement in the Coalition pour la défense de la République (CDR) and the role of Hassan Ngeze in the killing of Tutsis in Gisenyi prefecture on 7 April 1994.
Trial Chamber I originally found the Accused guilty of conspiracy to commit genocide, genocide, direct and public incitement to commit genocide and persecution and extermination as crimes against humanity and sentenced each Accused to a single term of life imprisonment. However, it has reduced the sentence imposed on Barayagwiza to 35 years, taking into account the violation of his rights.
The Accused appealed their convictions and sentence. The Appeals Chamber reversed certain findings of the Trial Chamber and affirmed others. With regard Nahimana, the Appeals Chamber reduced his sentence to 30 years’ imprisonment. Barayagwiza’s sentence was reduced to 32 years of imprisonment. Finally, the Appeals Chamber substituted Ngeze’s life sentence by a prison term of 35 years.
Drljača: Prosecutor's Office of Bosnia and Herzegovina v. Mladen Drljača
Indictment, 19 Mar 2008, Court of Bosnia and Herzegovina, Preliminary Hearing Judge, Bosnia and Herzegovina
Mladen Drljača was born on 5 March 1958 in Bosanska Krupa in northwestern Bosnia and Herzegovina. During the war in Bosnia and Herzegovina (1992-1995), he was a key official and held several offices in the municipality of Bosanska Krupa. Drljača was suspected of having committed crimes against humanity, war crimes against civilians, and war crimes against prisoners of war in the period between the beginning of April 1992 and 31 December 1992. In particular, Drljača was charged with participating in the detention of Bosnian Muslims in the Jasenica primary school and the Petar Kočić school, and in questioning the Jasenica detainees in the Provisional Military Court.
On 19 March 2008, the Prosecutor's Office of Bosnia and Herzegovina issued an indictment.
On 7 May 2013, Drljača was acquitted by the Appeals Division of Section I for War Crimes of the Court of Bosnia and Herzegovina because it had not been proven that he committed the alleged crimes.
Roy M. Belfast, Jr.: United States of America v. Roy M. Belfast, Jr.
Appeal from the United States District Court for the Southern District of Florida, 15 Jul 2010, United States Court of Appeals, Eleventh Circuit, United States
Mr. Roy M. Belfast, Jr. (“Charles Taylor Jr.”), the first individual to be prosecuted under the Torture Act and the son of Former Liberian President and convicted war criminal Charles Taylor, was arrested and indicted in Florida, U.S., in December 2006 following a joint Immigration and Customs Enforcement (ICE) / Federal Bureau of Investigation (FBI) investigation.
In the indictment, Belfast was charged for his role in numerous acts of torture and other atrocities in Liberia between 1999 and 2003 while he was the commander of the States Anti-Terrorism Unit (ATU). After hearing evidence from multiple witnesses describing the torture that the defendant had subjected them to, a jury convicted him on all counts and he was sentenced to 97 years in prison.
In 2010, he appealed that conviction before the United States Eleventh Circuit, arguing that Congress impermissibly expanded the prohibitions of the Convention Against Torture (CAT) through the Torture Act and that the Torture Act and U.S. firearms Statutes, under which he was convicted, could not apply to acts committed in Liberia before Liberia became a State Party to the CAT.
The Court rejected all of his arguments and upheld the conviction, finding that the U.S. Torture Act validly enacted CAT and he was convicted in line with the Constitution.
Pol Pot & Ieng Sary: People’s Revolutionary Tribunal Held in Phnom Penh for the Trial of the Genocide Crime of the Pol Pot - Ieng Sary Clique
Judgement of the Revolutionary People’s Tribunal Held in Phnom Penh From 15 to 19 August 1979, 19 Aug 1979, Revolutionary People’s Tribunal, Cambodia
From 1975 until 1979, the notorious Khmer Rouge ruled the Democratic Republic of Kampuchea, now Cambodia. The accused, Pol Pot and Ieng Sary were Prime Minister and Deputy Prime Minister under the regime whose conduct resulted in the deaths of some 3 million people, or 40% of the entire population. Supporters of the former regime including soldiers, officials and civil servants, as well as those perceived to be a threat including students, intellectuals, professors, scientists, opposition organisations were brutally exterminated on a massive scale. The entire population of several cities, including the capital Phnom Penh, were forcibly evacuated from their homes, their property was stolen by the state and they were left to die of starvation and disease. Approximately 4 million persons were herded into “commues”, disguised concentration camps in which men, women and children above the age of 10 were put to hard labour. Tens of thousands were brutally tortured by members of the regime, their bodies cut open, subject to electroshock and live surgery. Forced marriages and rape were common place. Children were either put to death in brutal and vicious ways or recruited into armed units to fight. The regime was finally overthrown by Vietnam in January 1979 and the Revolutionary Council established a special tribunal, the Revolutionary People’s Tribunal.
By the present decision, the tribunal convicted Pol Pot and Ieng Sary of genocide and sentenced them to death. Unfortunately, the value of the decision is merely symbolic as the trials were held without the presence of the accused. Pol Pot died in 1998; Ieng Sary is currently on trial before the Extraordinary Chambers in the Courts of Cambodia for genocide.
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