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Brown et al. v. Rwanda: Vincent Brown aka Vincent Bajinja, Charles Munyaneza, Emmanuel Nteziryayo and Celestin Ugirashebuja v. The Government of Rwanda and The Secretary of State for the Home Department
Judgment (Appeal against extradition), 8 Apr 2009, High Court of Justice, Divisional Court, Great Britain (UK)
Vincent Brown aka Vincent Bajinya and three other men claimed asylum in the United Kingdom after the genocide in Rwanda in 1994. In 2006, Rwanda requested extradition of the four men for their alleged involvement in the genocide. On 28 December 2006, the four suspects were arrested in the United Kingdom.
The men appealed their extradition before the High Court. The judges determined that there is a real risk that the four men would not be granted a fair trial in Rwanda, and determined that the suspects could not be extradited to Rwanda.
Selimović et al.: Prosecutor's Office of Bosnia and Herzegovina v. Mehura Selimović, Adil Ružnić and Emir Mustafić
Indictment, 16 Apr 2009, Court of Bosnia and Herzegovina, Preliminary Hearing Judge, Bosnia and Herzegovina
Mehura Selimović was born on 4 April 1962, and is a former military, police affairs and counter-intelligence officer of the 5th Corps of the Army of the Republic of Bosnia and Herzegovina (RBiH). Adil Ružnić was born on 2 August 1967, and is a former Assistant Commander for Security Affairs of the 5th Corps of the Army of RBiH. Emir Mustafić is a former member of the 5th Corps of the Army of RBiH. While holding these positions, they assisted soldiers detaining civilians and members of enemy forces that were no longer fighting in the Adil Bešić military barracks in Bihać, in a camp in the plastic factory in Petrovac, in the Luke prison in Bihać, and in other locations. In these locations, the detainees were held in unhealthy conditions, forced to perform hard work, and subjected to harsh interrogations and physical mistreatment. The Court of Bosnia and Herzegovina charged Selimović, Ružnić and Mustafić with war crimes against civilians and war crimes against prisoners of war because of their involvement in the crimes.
Škrobić: Prosecutor’s Office of Bosnia and Herzegovina v. Marko Škrobić
Second Instance Verdict, 22 Apr 2009, Court of Bosnia and Herzegovina, Section for War Crimes, Appelate Division, Bosnia and Herzegovina
On 31 July 1992, in Novo Selo (Kotor Varoš Municipality), Marko Škrobić, as a member of the Kotor Varoš HVO (Croat Defence Council) unit, entered the house of Glamocak family, together with four other armed persons. He ordered Boro Glamocak and his family to leave the house immediately. He also forced Stojko Glamocak, Boro’s father, out of the adjacent building and marched the family into the direction of the village of Ravne. On the way to that village, Marko Škrobić shot Stojko with a pistol, leading to his death.
A Trial Court had found Škrobić guilty of war crimes and sentenced him to 10 years’ imprisonment on 22 October 2008. Both the Defence and Prosecution appealed to this decision.
The Appellate Panel dismissed as unfounded an appeal filed by the Prosecutor’s Office; dismissed appeals filed by the Defence and upheld an appeal filed by the Defence regarding the sentencing. The Panel held that the Trial Court had failed to properly take account of the fact that Škrobić was a married father of two minor children. Therefore, the Panel revised the sentence of Škrobić to nine years’ imprisonment
Jurinović: The Prosecutor v. Tomo Jurinović
Decision on Transfer of Criminal Proceedings, 22 Apr 2009, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Appellate Panel, Bosnia and Herzegovina, Bosnia and Herzegovina
During the armed conflict that took place in the territory of the former Yugoslavia pitting Bosnian Muslims against Bosnian Croats, the Croatian Defence Council (HVO) was the official military formation of the Bosnian Croats. The Accused, Tomo Jurinović, was a member of the HVO wing in Kotor Varoš. On 31 July 1992, he is alleged to have forcibly removed a family from their home in Novo Selo with three other members of the HVO. The family was then marched to the village of Ravne where they were detained by the Accused and others on the premises of a school. During this march, the family was routinely abused and one of its members died.
The Accused was indicted for war crimes by the Prosecutor’s Office in the War Crimes Chamber of the Court of Bosnia and Herzegovina. Upon request of the Prosecutor and with support of counsel for the Accused, the Court decided to transfer the case to the court of Banja Luka. The factors that were taken into consideration by the Court included the simplicity of the case by comparison to others before the Court (the Accused did not occupy the role of a commander, there was only one deceased, the case concerned one incident), the workload of the Court and the Prosecutor’s Office and the expenses that could be saved by transferring the case.
Munyaneza: Her Majesty the Queen (Prosecutor) v. Désiré Munyaneza
Judgment, 22 May 2009, Superior Court, Criminal Division, Canada
Désiré Munyaneza was born in December 1966 in Rwanda. Between the beginning of April and the end of July 1994, Hutus killed approximately 800,000 Tutsis and moderate Hutus in Rwanda. During that period, Munyaneza was one of the leaders of the Interahamwe Hutu paramilitary organisation in Butare, which played a major role in the 1994 Rwandan genocide. In 1997, Munyaneza fled to Canada to avoid prosecution. However, in October 2005 he was arrested in Canada on suspicion of his involvement in the 1994 Rwandan genocide. In May 2009, the Quebec Superior Court found Munyaneza guilty for the criminal offences of genocide, crimes against humanity and war crimes for abducting, raping, sexually assaulting, and killing Tutsis, and for pillaging of their properties. He was sentenced to life in prison.
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