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Soedjarwo: The Ad Hoc Prosecutor v. Lt. Col. Inf. Soedjarwo

Verdict, 27 Dec 2002, Ad Hoc Court on Human Rights, Central Jakarta State court, Indonesia

Lieutenant Colonel Soedjarwo was a military commander of the Indonesian National Army (TNI) in the district of Dili between 9 August 1999 and 20 December 1999. Soedjarwo was found guilty of crimes against humanity because he failed to prevent his troops from attacking the Diocese office of Dili and the residence of Archbishop Belo in Dili on 4 and 6 September 1999. At least 13 civilians who were seeking refuge at these two places were killed during the attack.


Marab et al.: Marab et al. v IDF Commander in the West Bank et al.

Judgment, 5 Feb 2003, Supreme Court of Israel, Israel

As part of an operation to prevent attacks on Israeli citizens, the IDF Military Commander in the West Bank issued several Orders to allow the IDF to detain groups of people for periods up to 18 days without the possibility to appeal to a judge or to consult legal counsel.

The Supreme Court held that the military commander is allowed to detain persons if they are considered to be dangerous to the security, but that this authority should be balanced against the liberty of the individual. The Military Commander’s orders allowed for detainees to be held for a minimum of 12 days without judicial reviews and this was considered by the Court to be illegal. Also, the Court stated that investigations should start in an earlier phase of detention. However, the Court also stated that the IDF could prohibit a detainee for meeting with his lawyer because of security considerations. All in all, the Court struck down the disputed orders. 


Sedyono et al.: The Deputy General Prosecutor for Serious Crimes v. Col. Herman Sedyono et al.

Indictment, 8 Apr 2003, District Court of Dili, Special Panel for Serious Crimes, East Timor

Following the decision of the Indonesian government taken in early 1999 to offer East Timor the opportunity to vote for independence or for autonomy within the Republic of Indonesia, violence erupted in East Timor. The defendants in this case took part in a widespread or systematic attack directed against civilians that were in favour of an independent East Timor. One of the accused, Herman Sedyono, was the Bupati (District Administrator) of the Covalima District, one of the 13 districts in East Timor. As such, he was bearing the primary responsibility for maintaining peace and security in the region. Most of the other accused were Commander or just member of the Indonesian security authorities (TNI) or the Indonesian police force (POLRI), which were both promoting autonomy within the Republic of Indonesia.

In 1999, the Mahidi and the Laksaur pro-Indonesian militia groups, with the help of the TNI and POLRI, and with support from the Covalima District administration, repeatedly committed attacks against the Covalima population (mainly against those that were in favour of independence). The attacks involved crimes such as unlawful arrests, destruction of property, detention, and murder. The 16 accused were charged with encouraging, assisting and failing to stop, arrest or prosecute the perpetrators of the crimes.


Basson: The State v. Wouter Basson

Uitspraak (Verdict), 3 Jun 2003, Supreme Court of Appeal, South Africa

Post-apartheid South Africa continues to be faced with the difficult question on how to deal with past human rights violations. From 1999 until 2005, the South Africa Prosecution Authority attempted to have Wouter Basson convicted. Basson was head of the secret chemical and biological warfare project during the apartheid era. He was charged with a variety of crimes, including murder, fraud and dealing drugs. After several charges were dismissed and Basson was acquitted of all other charges, the prosecutor sought permission to appeal. He mainly held that the judge should have stepped back from this case, as the prosecution had accused him of being biased.

However, the Supreme Court of Appeal held that only the defendant could appeal against factual questions and the Court considered the question of bias to be a factual question. Other reasons given by the prosecutor for appeal were dismissed as well. For example, the Court held that the prosecutor should have appealed against the dismissal of several charges at an earlier stage. 


Hwang Geum Joo v. Japan: Hwang Geum Joo et al. v. Japan, Minister Yohei Kono, Minister of Foreign Affairs

Opinion of the Court, 27 Jun 2003, United States Court of Appeal, District of Columbia, Unites States of America, United States

Between 1931 and 1945, some 200,000 women were forced into sexual slaverty by the Japenese Army. These women, referred to as “comfort women” were recruited through forcible abductions, deception and coercion. Once captured, they were taken by the Japanese military to “comfort stations”, that is, facilities seized or built by the military near the front lines for express purpose of housing these women. Once there, the women would be repeatedly raped, tortured, beaten, mutilated and sometimes murdered. They were denied proper medical attention, shelter and nutrition.

The present lawsuit was brought by fifteen former “comfort women” against Japan on the basis of the Foreign Sovereign Immunities Act (FSIA). The United States District Court for the District of Columbia dismissed the action on the grounds that Japan enjoyed immunity from proceedings as a sovereign State and the action did not fall within any of the exceptions to immunity enumerated in the FSIA. On appeal, the present decision of the United States Court of Appeals for the District of Columbia Circuit affirmed the decision of the District Court. 


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