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Sarmento (Benjamin) & Tilman (Romeiro): The Prosecutor v. Benjamin Sarmento & Romeiro Tilman
Judgement, 16 Jul 2003, Special Panels for Serious Crimes (District Court of Dili), East Timor
During Indonesia’s illegal occupation of East Timor from 1975 until 2002, a number of pro-autonomy militia groups carried out attacks on the Timorese population, particularly targeting those suspected of being independence supporters.
The Accused, Benjamin Sarmento and Romeiro Tilman, were deputy commanders in the Tim Sasurat Ablai militia group, which operated in Same Sub-District of East Timor. They gave orders for the murder of all independence supporters in a number of villagers and participated directly in some of those murders, for example by stabbing victims with a spear or beating them with sticks. They also ordered the deportation of approximately 15 000 East Timorese villagers into West Timor, threatening them with death if they resisted. Their orders were carried out by the militia members under their authority. Although the Prosecutor initially charged both Accused with a greater number of offenses including unlawful imprisonment, the remaining charges were withdrawn after the Accused pleaded guilty: Sarmento to four counts of murder and one count of deportation as crimes against humanity, Tilman to one count of murder and one count of deportation. The Special Panels sentenced Sarmento to 12 years’ imprisonment and Tilman to 8 years’ imprisonment.
Paunović: Prosecutor's Office of Bosnia and Herzegovina v. Dragoje Paunović
Verdict, 27 Oct 2006, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
Dragoje Paunović was born on 19 June 1954 in the town of Mojkovac in northern Montenegro. Paunović was a senior officer of a small military formation attached to the Battalion of Rogatica, a battalion part of the Bosnian Serb Army. In the period May to September 1992, attacks were carried out by military and police forces of Bosnia and Herzegovina and by Serbian paramilitary formations against the Bosnian Muslims (Bosniaks) living in the municipality of Rogatica. On 15 August 1992, Paunović used 27 Bosniaks as protection during a clash between the army of the Republika Srpska and the army of Bosnia and Herzegovina. The Bosniaks were detained in the Rasadnik detention camp in Rogatica, and later driven to the town of Jacen in Rogatica where 24 of them were subsequently killed under the orders of Paunović. The Court of Bosnia and Herzegovina found Paunović guilty of crimes against humanity and sentenced him to 20 years in prison.
Al Anfal: Farhan Mutlak AI Jibouri, Sultan Hashim Ahmad AI Tae' e, Hussein Rashid Moharmned and Ali Hasan AI Majid v. the General Prosecutor
Opinion, 4 Sep 2007, Iraqi High Tribunal (Appeals Commission), Iraq
In 1988, the Iraqi government under the leadership of Saddam Hussein, launched a military campaign against the Kurdish population residing in northern Iraq. In eight operations from February until September of that year, both conventional and chemical weapons were deployed against the citizens of Kurdish villages resulting in the deaths and injury of hundreds of thousands. Others were executed in the following raids, their homes were looted and entire villages were burned to the ground. Others still were transported to prison camps where they were starved and detained in inhumane conditions. This campaign became known as the Al Anfal campaign and was the subject of the Iraqi High Tribunal’s second case (the first one being the Al Dujail-trial).
Seven defendants, including Saddam Hussein and his cousin, nicknamed Chemical Ali, were brought before the Court. Charges against Hussein were dropped when he was executed in the course of the trial as a result of his conviction in another proceeding. By a verdict of 24 June 2007, the Tribunal convicted five of the remaining six defendants, one of whom was acquitted for lack of evidence. Three, including Chemical Ali and two military commanders, received death sentences; the others received cumulative sentences that essentially amounted to life imprisonment. The present decision by the Appellate Chamber of the Tribunal confirmed the trial verdict and dismissed all appeals.
Hrkač: Prosecutor's Office of Bosnia and Herzegovina v. Ivan Hrkač a/k/a Čikota
Indictment, 27 Dec 2007, Court of Bosnia and Herzegovina (Preliminary Hearing Judge), Bosnia and Herzegovina
The accused Ivan Hrkač is suspected of committing war crimes against prisoners of war and war crimes against civilians during the armed conflict between the HVO and the Army of the Republic of Bosnia and Herzegovina in 1993.
At the present moment, Ivan Hrkač is beyond the reach of the judicial authorities.
Ljubičić: Prosecutor's Office of Bosnia and Herzegovina v. Paško Ljubičić
Verdict, 29 Apr 2008, The Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina
On 29 April 2008, the Court of Bosnia and Herzegovina’s (BiH) first instance panel issued its verdict in the case against Paško Ljubičić, also known as Toni Raić, as he called himself after the war in the former Yugoslavia. Ljubičić was initially indicted for crimes against humanity, war crimes, and other grave violations of the laws of war, allegedly committed by himself and by Croatian military police forces under his command in 1993, during the war in BiH. However, following a plea agreement, the charges were reduced to include only war crimes against civilians. Ljubičić signed the plea agreement, which the Court accepted. He was sentenced to ten years’ imprisonment.
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