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H v. France
Opinion of the Conseil d’Etat Avis du Conseil d’Etat, 16 Feb 2009, Conseil d’Etat, France
The claimant’s father was a French Jew who was interned in France and deported to a concentration camp by the Vichy regime during World War II. The claimant brought proceedings for reparations before the Administrative Tribunal of Paris alleging that the French State and the French railway company that facilitated the transfer and deportation, the Société Nationale des Chemins de Fer Francais (SNCF) was at fault.
The case was transferred to the Conseil d’Etat, the highest administrative body in France, for advice. The Conseil d’Etat ruled that the acts of the French State, which contributed to the deportation of persons considered as Jews by the Vichy regime, constituted faults for which its responsibility was engaged. The Advice was the first time that the Conseil had ruled that reparation of such exceptional suffering could not be restricted to financial measures: they implied a solemn acknowledgement of the collective prejudice suffered by those persons, because of the role the French State played in their deportation, quoting the 1964 law suppressing time limitation on crimes against humanity, or the 1995 Presidential statement acknowledging the responsibility of the French State.
The Advice is to be eminently helpful for the 400 similar cases currently pending before French administrative courts.
Sesay et al.: The Prosecutor v. Issa Hassan Sesay, Morris Kallon and Augustine Gbao
Judgement, 25 Feb 2009, Special Court for Sierra Leone (Trial Chamber I), Sierra Leone
The armed conflict in Sierra Leone, from 1991 until 2002, opposed members of the Revolutionary United Front and Armed Forces Revolutionary Council to Civil Defense Forces, loyal to the ousted President Kabbah. The hostilities were characterised by brutality as civilians and peacekeepers were targeted. In particular, young women were forced to become ‘bush wives’ for rebels, and children were recruited not only to fight in the hostilities, but also as bodyguards, cooks, cleaners, and spies.
Trial Chamber I of the Special Court for Sierra Leone convicted Sesay, Kallon and Gbao, as high-ranking members of the RUF, for multiple counts of war crimes and crimes against humanity. In particular, this decision was the first time that an international criminal tribunal entered convictions for forced marriage as a crime against humanity separate from sexual slavery. The Chamber also defined active participation in hostilities broadly so that the crime of using children to actively participate in the hostilities would extend to more children in different roles, for which their perpetrators could be punished.
Rukundo: The Prosecutor v. Emmanuel Rukundo
Judgement, 27 Feb 2009, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania
Emmanuel Rukundo was born on 1 December 1959 in Mukingi Community, Rwanda. In February 1993, Rukundo, an ordained priest, was appointed as a military chaplain for the Rwandan army, a position he maintained throughout the genocide in 1994.
On 27 February 2009, Trial Chamber II of the ICTR found him guilty of genocide, murder and extermination as crimes against humanity and sentenced him to 25 years' imprisonment. The conviction was based on the participation of the Accused in the killings of Tutsi civilians in the Gitarama prefecture. In mid-April 1994, Rukundo, with soldiers of the Rwandan army abducted and killed Madame Rudahunga and severely beat and injured her two children. He was present during the commission of this crime and the soldiers acted under his authority. In addition, between mid-April and the end of May 1994, on at least four occasions Rukundo was found to have played an integral role in the abduction and subsequent killing of Tutsi refugees from the St. Léon Minor Seminary. He was also found guilty of sexually assaulting a young Tutsi woman.
Rukundo’s stature as a well-known priest in the community and the fact that he was an educated person were considered by the Chamber as aggravating factors. He was sentenced to 25 years' imprisonment.
Krajišnik: The Prosecutor v. Momčilo Krajišnik
Judgement (public), 17 Mar 2009, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
Momčilo Krajišnik was found guilty by Trial Chamber I on multiple counts of crimes against humanity for his role in the 1991-1992 events in municipalities of Bosnia and Herzegovina. He appealed the decision, representing himself. The Appeals Chamber appointed a counsel as amicus curiae (friend of the Court) to assist his case through the filing of an additional appeal in order to represent Krajišnik's interests.
The Appeals Chamber held that Trial Chamber I made errors with respect to the expansion of the crimes forming part of the joint criminal enterprise of the perpetrators and the manner in which Krajišnik could be held liable for them. Therefore, it acquitted Krajišnik of murder, extermination and persecution as crimes against humanity.
The Appeals Chamber rejected the arguments of the Prosecution, in which the latter argued that the sentence was not properly determined by Trial Chamber I, and should be raised to life imprisonment.
In light of the acquittals on several counts, the Appeals Chamber reduced Krajišnik's sentence from 27 years to 20 years of imprisonment.
Chavez v. Carranza: Ana Chavez, Cecilia Santos, Jose Calderon, Erlinda Franco and Daniel Alvarado v. Nicolas Carranza
Opinion, 17 Mar 2009, United States Court of Appeals for the Sixth Circuit, United States
Colonel Nicholas Carranza served nearly thirty years as an officer in the armed forces of El Salvador. Later, he was El Salvador’s Vice-Minister of Defence and Public Security from October 1979 until January 1981. In this period, the Salvadoran Security Forces carried out systematic repression and human rights abuses against opponents of the military dictatorship that ruled the country at the time.
On 10 December 2003, the Center for Justice and Accountability and the Tennessee law firm of Bass, Berry & Sims filed a complaint against Carranza on behalf of five plaintiffs.
On 18 November 2005, a jury found Carranza guilty for the abduction, torture, insult, imprisonment and killing of the plaintiffs. He was ordered to pay $6 million in damages.
On 19 March 2009, the Court of Appeals for the Sixth Circuit upheld the jury’s verdict.
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