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Todorović (Mirko) & Radić: Prosecutor's Office of Bosnia and Herzegovina v. Mirko Todorović and Miloš Radić
Appeal Judgment, 23 Jan 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
Mirko Todorović was born on 15 May 1954 in the village of Bratunac in eastern Bosnia and Herzegovina. Miloš Radić was born on 5 June 1959 in the village of Srebrenica in eastern Bosnia and Herzegovina. Todorović and Radić were found guilty of participating in an attack conducted in Bratunac on 20 May 1992, which was directed against Bosnian Muslim (Bosniak) civilians. On that day, Todorović and four other members of the Serbian army arrested 14 Bosniak civilians and brought them to a house where one of the civilians was killed. Todorović, together with Radić, did not allow the other civilians to leave the house. The civilians were beaten, cursed, and their money and valuable items were taken away. Subsequently, the civilians were brought to a slope on a nearby creek, lined up and killed.
Al Bihani: Ghaleb Nassar Al Bihani, Petitioner, v. Barack H. Obama et al., Respondents
Memorandum Order, 28 Jan 2009, United States District Court for the District of Columbia, United States
Al Bihani, Yemeni citizen and Saudi Arabian national, travelled to Afghanistan in May 2001 on jihad (holy war). He became a member of the 55th Arab Brigade and, by his own admission, acted as a cook. The Brigade carried out a number of operations in support of the Taliban against the United States and its allies in the Northern Alliance. Al Bihani was transferred to the custody of the United States Armed Forces and thereafter to Guantanamo Bay following the surrender of his unit.
Alleging the illegality of his detention at Guantanamo, al Bihani petitioned the District Court for the District of Columbia for a writ of habeas corpus. His petition was denied on the grounds that he was an “enemy combatant” within the meaning of the definition of such decided by the Court in its earlier case of Boumedienne v. Bush. The Court found that the government had proved by a preponderance of evidence that al Bihani had supported the Taliban: faithfully serving in an al Qaeda affiliated fighting unit that is directly supporting the Taliban by helping to prepare the meals of its entire fighting force suffices.
Karera: François Karera v. The Prosecutor
Judgement, 2 Feb 2009, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
During the Rwandan genocide, François Karera was prefect of Kigali-Rural and member of the MRND.
On 7 December 2007, Trial Chamber I of the Tribunal found Karera guilty of genocide and extermination and murder as crimes against humanity, for his participation in the killing of Tutsis in Nyamirambo sector, at Ntarama Church, and in Rushashi commune. He was sentenced to life imprisonment.
Karera appealed his convictions and the sentence imposed on him. On 2 February 2009, the Appeals Chamber granted Karera’s appeal in part. It reversed his conviction for aiding and abetting genocide and extermination as a crime against humanity, based on the killing of Murekezi, and for instigating murder as a crime against humanity, based on the murder of Gakuru. The Chamber dismissed all the other grounds of appeal and affirmed the sentence of life imprisonment.
Pašić: War Crimes Prosecutor's Office v. Zdravko Pašić
Final Verdict on Appeal, 11 Feb 2009, Supreme Court of Serbia, Serbia-Montenegro
Mejakić et al.: Prosecutor's Office of Bosnia and Herzegovina v. Željko Mejakić, Momčilo Gruban and Duško Knežević
Second instance verdict, 16 Feb 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
This case revolved around three individuals who were working in prison camps during the armed conflict in the former Yugoslavia in 1992: Željko Mejakić, Chief of Security of Omarska Camp; Momčilo Gruban, leader of one of three guard shifts at Omarska camp;Dušan Fuštar, leader of one of three guard shifts in Keraterm camp; and Duško Kneževic, who held no official position at any of the camps, but who regularly entered the camps at will, assumedly in search of information about the person who had killed his brother during the war. All four men were initially indicted by the International Criminal Tribunal for Yugoslavia for charges of crimes against humanity, including murder, rape, torture and other inhumane acts. However, in 2006, they were transferred to Bosnia and Herzegovina to be tried there.
After the case was separated into two, Fuštar, in his own case, entered into a plea agreement with the prosecution and received a nine year sentence. The other three were still tried together. The Trial Panel found them guilty and sentenced Mejakić to 21 years’ imprisonment, Kneževic to 31 years and Gruban to eleven years. They appealed against their conviction; the Appellate Panel partly granted their appeal, but mostly for insignificant parts, leading to Mejakić’s and Kneževic’s conviction and sentence to be upheld. With regard to Gruban, however, the Appellate Panel found that the first instance verdict did not properly take into consideration the mitigating factors – namely, that Gruban had in several instances helped detained people in order to at least alleviate their suffering – and reduced his sentence to seven years.
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