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R. c. Habib, 2017 QCCQ 6948
Jugement sur la culpabilité (Judgment on guilt), 19 Jun 2017, Criminal and penal division, Court of Quebec, Canada
On 19 June 2017, Canadian citizen Ismaël Habib was the first adult found guilty of attempting to leave Canada to participate in the activities of a terrorist group. Mr. Habib had already travelled to Syria in 2013 for three months, but he was arrested and brought back to Canada as his passport had been cancelled by the Canadian authorities. Following initial suspicions, the Canadian police created an elaborate undercover operation by establishing a fictitious criminal organisation in which Mr. Habib was working. The accused was arrested in February 2016 after he confessed to a police undercover officer that he wished to leave for Syria to fight with ISIS. Even though the accused conceded that he had the primary intent of leaving Canada, there was a dispute on his reasons for doing so. While Mr. Habib argued that he wished to join his first wife and children in Syria, the prosecution contended that the defendant’s intent was to join ISIS and participate in its terrorist activities.
Case 002/02
Case 002/02 Judgement, 16 Nov 2018, Trial Chamber, Extraordinary Chambers in the Courts of Cambodia, Cambodia
From April 1975 to January 1979 the Khmer Rouge committed numerous crimes to create their socialist state. Case 002/02 was limited to prosecuting the crimes that occurred at security centers and worksites, including the executions of enemies and elites, forced marriages, and other inhumane treatment. In addition, the case included the genocide of the Vietnamese, who were fighting the Khmer Rouge forces, and the Cham peoples, who were persecuted for their religious and ethnic identity.
On 16 November 2018 the Trial Chamber found Nuon Chea and Khieu Samphan guilty of crimes against humanity (including rape, forced marriage, and murder), grave breaches of the Geneva Conventions and genocide of the Vietnamese. The Chamber also convicted Nuon Chea of the genocide of the Cham peoples.
The accused were found guilty based on their leadership roles within the Communist Party of Kampuchea; Khieu Samphan had various roles, including President of the State Presidium, and Nuon Chea was the Deputy Secretary of the party. The Trial Chamber ruled that the accused failed to prevent and punish the crimes that occurred, even though they knew or had reason to know the crimes were being carried out.
Both accused were sentenced to life imprisonment.
Munyeshyaka: Procureur Général v. X. / General Prosecutor v. X. (Wenceslas Munyeshyaka)
Décision, 6 Jan 1998, Cour de Cassation, Chambre Criminelle, France
Kayishema & Ruzindana: The Prosecutor v. Clément Kayishema and Obed Ruzindana
Judgement (Reasons), 1 Jun 2001, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
The present case concerned two Accused, Clément Kayishema and Obed Ruzindana. Kayishema was charged with 24 counts as prefect of Kibuye with involvement as a superior in the massacres which occurred in that area from April to June 1994. Ruzindana was charged with five counts for his role in the crimes committed in Bisesero between 9 April and 30 June 1994.
On 21 May 1999, Trial Chamber II of the ICTR found both Accused guilty of crimes of genocide. Kayishema was found guilty of four counts of genocide and was sentenced to life imprisonment, while Ruzindana was found guilty of one count of genocide and was sentenced to 25 years of imprisonment.
Both Accused appealed against their conviction and the sentence imposed on them. The appeal was based on several grounds including lack of equality of arms, defective indictment and inadequate proof against the accused.
The Appeals Chamber, after examining the arguments, ruled that it was convinced that the Trial Chamber did not commit any error on a question of law or error of fact in the case. It therefore affirmed the judgment handed down by the Trial Chamber when convicting and sentencing the Accused.
The Prosecution also appealed against the judgment of the Trial Chamber arguing that the Accused ought to have been convicted on all counts. But the Prosecutor’s appeal was dismissed because it was filed outside the prescribed time limits.
Musema: Alfred Musema v. The Prosecutor
Judgement, 16 Nov 2001, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
The Accused, Alfred Musema, was formerly director of the Gisovu Tea Factory in Kibuye Prefecture during the 1994 genocide in Rwanda. On January 27 2000, Trial Chamber I of the ICTR convicted him of genocide and crimes against humanity and sentenced him to life imprisonment.
Musema submitted six grounds of appeal against his conviction and argued that the sentence imposed by the Trial Chamber had been too severe.
On 16 November 2001, the Appeals Chamber confirmed Musema's conviction for genocide and for extermination as a crime against humanity. The Chamber also upheld the sentence of imprisonment for life for those crimes. Musema’s conviction for rape as a crime against humanity was set aside by the Appeals Chamber on the basis of new evidence which it heard.
With regard to the appeal against the sentence, the Appeals Chamber noted that the quashing of his conviction for rape could not affect the exceptional gravity of the crimes for which he had been convicted. The Accused failed to demonstrate that the Trial Chamber had committed any error that would invalidate the sentence of imprisonment for life.
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