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Arar v. Ashcroft: Maher Arar v. John Ashcroft et al.
Memorandum and Order, 16 Feb 2006, United States District Court for the Eastern District of New York, United States
In one of the first suits filed before the US courts challenging the US practice of 'extraordinary rendition', Syrian-born Canadian national Maher Arar lodged a complaint in January 2004 arguing that his civil rights had been violated. In 2002, Arar was detained by immigration officials at a New York airport while travelling home to Canada from Tunisia. Following a period of solitary confinement, Arar was deported to Syria where he was allegedly tortured before making false admissions of terrorist activity.
On 16 February 2006, the US District Court dismissed Arar’s claims, finding that national security and foreign policy considerations prevented the Court from holding US officials liable, even if the ‘extraordinary rendition’ violated international treaty obligations or customary law.
Kouwenhoven: The Public Prosecutor v. Guus Kouwenhoven
Interlocutory Judgment, 19 Mar 2007, Court of Appeal of The Hague, The Netherlands
Guus Kouwenhoven was convicted in first instance for his involvement in supplying arms to Liberia and acquitted of having committed war crimes during the Second Liberian Civil War (1999-2003).
Both the prosecutor and Kouwenhoven appealed against this verdict. In an interlocutory appeal, the Court of Appeals most importantly rejected the motion of the defense to bar the prosecutor from prosecuting this case. Based on the information before it, the Court did not find grave violations of Kouwenhoven's right to a fair trial. The Court did sustain the defense’s motion to have more witnesses heard by the investigative judge. The Court foresaw this to be a lengthy process, and therefore suspended Kouwenhoven’s detention.
Stankovic: Prosecutor’s Office of Bosnia and Herzegovina v. Radovan Stankovic
Appeal Verdict, 28 Mar 2007, Court of Bosnia and Herzegovina, Section for War Crimes, Appelate Division, Bosnia and Herzegovina
Radovan Stankovic, member of a Serb battalion during the war in Bosnia and Herzegovina (1992-1995), was initially indicted by the ICTY Prosecutor for his alleged involvement in crimes against humanity in 1996 and 1999. However, his case was ultimately referred to the Court in Bosnia and Herzegovina in 2005.
He was charged with crimes against humanity, as he was accused of having set up a detention centre for (often underaged) women, having incited other soldiers to rape detainees, and having coerced several detainees into forced labour and sexual intercourse. The Court heavily relied on witness statements to determine that he was guilty of four of the six charges, stating that the statements were clear and consistent. Stankovic was sentenced to sixteen years' imprisonment on 14 November 2006.
The prosecution appealed against the sentence of 16 years' imprisonment and the acquittal of one of the charges. Stankovic himself basically contested all the Court’s findings, most notably stating that the witness statements were false and fabricated. The Appellate Panel of the left intact almost the entire verdict, though it did raise the sentence to 20 years imprisonment. Shortly afterwards, Stankovic escaped from jail. He was recaptured in January 2012. His five years on the run cost him an additional two years of imprisonment.
Bektašević et al.: Mirsad Bektašević, Abdulkadir Cesur, Bajro Ikanović, Senad Hasanović
Verdict (in Appeal), 21 May 2007, Court of Bosnia and Herzegovina (Section II, Panel of the Appellate Division), Bosnia and Herzegovina
Mirsad Bektašević, Abdulkadir Cesur, Bajro Ikanović, and Senad Hasanović were indicted in 2005 on charges of terrorism for their intended commission of terrorist acts in order to coerce the Bosnian government or other European governments to withdraw their forces from Iraq and Afghanistan.
The Court of Bosnia and Herzegovina found the accused guilty with respect to both terrorism and the attempted obstruction of an official person. The sentences handed down ranged between 15 years 4 months and 6 months.
The Second Instance Court upheld the appeals of the accused in part, modifying the sentences imposed. The reason for this modification was the errors made by the First Instance Court in weighting and balancing the mitigating and aggravating factors as well as the taking into consideration factors that pertained to the substantial analysis of the offence (and therefore should not have been considered in the sentencing phase). Accordingly, the Appellate Panel modified this judgement, sentencing Bektaševic to 8 years 4 months, Cesur to 6 years 6 months, Ikanović to 4 years and Hasanović to 6 months.
Samantar: Bashe Abdi Yousuf et al. v. Mohamed Ali Samantar
Memorandum Opinion, 1 Aug 2007, District Court for the Eastern District of Virginia (Alexandria Division), United States
Under the authoritarian regime of Major General Barre in Somalia, the Somali Armed Forces perpetrated a number of human rights abuses against the Somali civilian population, in particular against members of the Isaaq clan.
The petitioners, all members of the Isaaq clan, allege that in the 1980s and 1990s they suffered ill-treatment at the hands of the Somali military including acts of rape, torture, arbitrary arrest and detention. They instituted a civil complaint against Mohamed Ali Samantar, the-then Minister of Defence and later Prime Minister of Somalia on the basis of the Torture Victims Protection Act.
The District Court for the Eastern District of Virginia dismissed the claim for lack of subject matter jurisdiction on the grounds that Samantar enjoys immunity from proceedings before courts of the United States by virtue of his function as a State official at the relevant time under the Foreign Sovereign Immunities Act. This decision is the first in a line of proceedings that culminated in November 2012 by which the plaintiffs, victims of the regime, sought damages for the harm they suffered.
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