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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.
A. A. Z et al. v. Franks et al.: A. A. Z. et al. v. Tommy Franks et al.
Décision, 14 Jan 2004, Cour de Cassation, Section Francaise, 2e Chambre / Court of Cassation, Belgium
Hamza B et al.: Federal Prosecutor v Hamza B, Harris C-K, Abdelfattah A, Younnes HA, Kamal A and Sami L
Judgement, 6 Nov 2015, Tribunal de Première Instance Francophone de Bruxelles, Belgium
On 6 November, a Belgian Court handed down its judgment in a case concerning five foreign fighters and another individual who assisted the fighters travelling from Belgium. The foreign fighters had travelled to Somalia or Syria where they had joined jihadist groups, including Al-Shabab and Jabhat al Nusra. One of the accused, Kamal A, is thought to still be fighting in Syria with Jabhat al Nusra and another, Sami L, is believed to have died while carrying out a suicide attack in Iraq. The defendants received sentences ranging from 3 to 10 years’ imprisonment for having participated in the activities of a terrorist group via their various actions of support, assistance or actual fighting in the conflict.
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
Rutaganira: The Prosecutor v. Vincent Rutaganira
Judgement and Sentence, 14 Mar 2005, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
From 1985 to 1994, Vincent Rutaganira was conseiller communal (councilor)of Mubuga sector in Kibuye prefecture. On 6 May 1996, the Prosecutor of ICTR charged him with seven counts including genocide, conspiracy to commit genocide, murder, extermination and other inhumane acts as crimes against humanity, as well as war crimes.
On 7 December 2004, the Prosecutor and the Accused reached an agreement, pursuant to which the latter pleaded guilty to count 16 of the indictment charging him with extermination by omission as a crime against humanity for the massacres against Tutsi civilians at Mubuga church between 14 and 17 April 1994. The Trial Chamber acquitted the Accused on the other charged for lack of evidence.
The Chamber sentenced Rutaganira to 6 years of imprisonment. It took into consideration several mitigating factors including his voluntary surrender to the Tribunal in March 2002, his guilty plea, his good behaviour while in detention, his advanced age of 60 and his ill health. The Chamber further took into account the Accused’s expression of remorse, the assistance he had provided to some victims in Mubuga sector, as well as the lack of previous criminal record.
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