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Alić: Prosecutor's Office of Bosnia and Herzegovina v. Šefik Alić
Second Instance Verdict, 20 Jan 2011, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
Šefik Alić was born on 3 March 1968 in Dobro Selo in the municipality of Buzim, Bosnia and Herzegovina. Alić was Assistant Commander for Security of the Hamza Battalion of the army of Bosnia and Herzegovina. On 5 August 1995, during the Oluja military operation, soldiers of both the Hamza Battalion and Tewfik Al Harbi captured four soldiers of the army of the Republic of Srpska Krajina. Even though the Hamza Battalion had to protect them, the four soldiers were physically and mentally abused, and Alić participated in the abuses. The four soldiers were subsequently killed by members of Tewfik Al Harbi. As Assistant Commander, Alić had a duty to punish soldiers that committed crimes under his command, but he failed to do so. On 20 January 2011, the Appellate Panel of the Court of Bosnia and Herzegovina found Alić guilty of war crimes against prisoners of war and sentenced him to 10 years imprisonment.
Lalović & Škiljević: Prosecutor's Office of Bosnia and Herzegovina v. Radoje Lalović and Soniboj Škiljević
Verdict of the Appellate Panel, 5 Jul 2011, Court of Bosnia and Herzegovina, Appellate Division, Bosnia and Herzegovina
Radoje Lalović was born on 15 July 1946 in the municipality of Kalinovik, Bosnia and Herzegovina. In the period between early May and mid-December 1992, Lalović was a warden at the Butmir Correctional and Penal Facility (KPD) in Kula, the Sarajevo municipality of Ilidža, which mostly functioned as a detention camp.
Soniboj Škiljević was born on 14 August 1948 in Izgori in the municipality of Gacko, Bosnia and Herzegovina. Škiljević served as a deputy warden at the Butmir Correctional and Penal Facility (KPD) in Kula, also in the period between early May and mid-December 1992.
Lalović and Škiljević were responsible for the functioning of the Butmir KPD and the actions of its guards. In 2001, they were not found guilty of charges that they, inter alia, ordered the killings, imprisonment, and torture of the detainees held at the Butmir KPD. Lalović and Škiljević were neither found guilty of the charges that even though they knew that the crimes were taking place, they did not prevent them or did punish the perpetrators.
T21: The Prosecutor v. T21
Appeals Judgment, 20 Dec 2012, Criminal Division of the Court of Appeal of the Hague, The Netherlands
On 26 October 2010, a group of 20 Somalians, armed with machine guns and bazookas, violently attacked a yacht off the Seychelles. They hijacked the South African yacht ‘Choizil’ off the Tanzanian coast after it had left Dar es Salaam en route for South Africa. Because the South African authorities refused to prosecute the captured Somalians, five men who were members of the group were arrested and transferred to the Netherlands in order to be prosecuted.
On 12 August 2011, the Court of First Instance of Rotterdam convicted the five men for piracy and sentenced them for a period between four-and-a-half and seven years. The decision was appealed by the defendants to the Court of Appeal of the Hague.
One of the appellants was T21. On 20 December 2012, the Court of Appeal found that though the accused had not been able to call certain witnesses (namely, other suspects who had been captured together with T21 but were released afterwards), this did not violate his fair trial rights; T21 had been given sufficient means for his defence and the equality-of-arms-principle was found to have been ensured.
The Court of Appeal found the accused guilty for his intentional participation in a group that intended to hijack ships and use them for unlawful purposes and in unlawful ways. The Court further found that the accused had threatened persons on board of the Choizil with force, but, contrary to the Court of First Instance, it was not convinced that he had actually fired any weapon himself. Therefore, the Court of Appeal set aside the decision of the Court of First Instance and replaced it with a new decision on the facts that were proven. The sentence was reduced from six to five years' imprisonment (with credit for time on remand).
The case was the first time a criminal case, in which Somali pirates stood trial, was heard in appeal in the Netherlands.
Case of Husayn (Abu Zubaydah) v. Poland
Judgment, 24 Jul 2014, European Court of Human Rights, France
In its self-declared “War on Terrorism,” the United States began the “High Value Detainee” program, where suspected terrorists would be subjected to special interrogation and detention. The program was managed by the CIA, which detained suspects in secret detention facilities (“black sites”) in cooperation with other foreign governments.
Poland cooperated with the program by allowing the transfer of suspected terrorists through its territory, as well as their detention in a secret facility in Stare Kiejkuty, Poland. An alleged member of al-Qaeda, Mr. Zayn Al-Abidin Muhammad Husayn (known as Abu Zubaydah), was held in the Stare Kiejkuty for nine months, where he was subjected to treatment amounting to torture.
The European Court of Human Rights found that as Polish authorities knew what their territory was being used for, Poland shares responsibility for any abuses committed by the CIA on its territory.
Harun P: Prosecutor v. Harun P
Judgment, 15 Jul 2015, Oberlandesgericht München, Germany
On 15 July 2015, German foreign fighter Harun P was convicted of membership in a foreign terrorist organisation and attempted murder in relation to his time in Syria in 2013 and 2014. Harun P had travelled to Syria in 2013 and joined the terrorist group Junud al-Sham. Subsequently, he confessed to participating in a large scale attack on a prison in Aleppo and to firing a mortar blindly into a populated industrial area in Syria. Since his return, he has distanced himself from his former views and cooperated significantly with the police. Harun P was ultimately sentenced to 11 years’ imprisonment.
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