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Mutua et al. v. UK: Ndiki Mutua, Paulo Nzili, Wambugu Wa Nyingi, Jane Muthoni Mara and Susan Ngondi v. The Foreign and Commonwealth Office
Approved Judgment, 21 Jul 2011, The High Court of Justice, Queen’s Bench Division, Great Britain (UK)
The claimants in this case claimed that they were victims of severe atrocities at the hands of the colonial government during the struggle for independence in Kenya. They argued that the British government carried responsibility for this, while the British government argued that they could not be held responsible for atrocities which, if proven, were committed by the Colonial government in the 1950s. Therefore, the British government requested the Court to dismiss the case before it would come to a trial. The Court refused to do this, stating that evidence existed of torture in pre-independence Kenya and of some UK involvement. This evidence, the Court reasoned (without establishing the liability of the British government), should be assessed in Court.
Ayyash et al: The Prosecutor v. Ayyash et al.
Decision to Hold Trial in Absentia, 1 Feb 2012, Special Tribunal for Lebanon (Trial Chamber), The Netherlands
Article 22 of the Special Tribunal for Lebanon permits the Tribunal to conduct trials in the absence of the accused, in absentia, if the accused has expressly waived his right to be present, has absconded, or cannot be found. Before a trial in absentia may proceed, however, all reasonable steps must be taken to secure the accused’s appearance before the Tribunal. In this decision, the Trial Chamber determined that all four of the accused had absconded or otherwise could not be found after Lebanese authorities employed numerous efforts to apprehend them in light of a several months long, comprehensive, and permeating media coverage of the indictment notifying the accused of the charges against them and their rights to participate in the trial. Thus, the Trial Chamber found that all reasonable steps had been taken to secure the presence of the accused, held that all four of the accused had absconded or otherwise could not be found, and ordered the trial to proceed in absentia.
Popović and Stojanović : War Crimes Prosecutor v. Sreten Popović a/k/a "Pop" and Miloš Stojanović a/k/a "Šešelj"
, 9 May 2012, Trial Chamber, Higher Court's War Crimes Department, Belgrade, Serbia-Montenegro
Bignone (Campo de Mayo): Reynaldo Bignone Causa Nº 2047 / Campo de Mayo Trials
Verdict, 12 Mar 2013, Federal Criminal Oral Tribunal No. 1 of San Martín, Argentina
Reynaldo Bignone, born in 1928, was the de facto president of Argentina from 1982 to 1983 and the last dictator to hold power in the country. As such, he was appointed by the military junta and sought to impose amnesty laws for perpetrators of gross human rights violations before transferring power to the democratically elected Raul Alfonsin. Nevertheless, in 2005 the Argentinean Supreme Court overturned these amnesties and opened the way for prosecutions of those involved in the country’s 1976-1983 “Dirty War”. Since then, Reynaldo Bignone was charged and convicted of crimes against humanity in several trials on the basis of his involvement in the Dirty War.
In the current case, Bignone was sentenced to life imprisonment for his participation in 20 cases of illegal deprivation of liberty, robbery, torture and murder.
Japanese Piracy Trial
Judgment, 12 Apr 2013, Tokyo District Court, Japan
On 5 March 2011, four Somalian men armed with submachine guns attempted to board and hijack the Guanabara, a Japanese Mitsui O.S.K. Lines tanker in the Indian Ocean, off the coast of Oman. They were captured by the US Navy, and subsequently extradited to Tokyo, Japan, on request of the Japanese coastguard.
Two suspects, Mohamed Urgus Adeysey and Abdinur Hussein Ali, pleaded guilty. From the other two suspects, who were both juvenile at the time the crimes took place, one pleaded guilty and the other not guilty. The Tokyo District Court found all four guilty though, and sentenced them to prison terms ranging from five to eleven years.
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