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Radak: Office of the War Crimes Prosecutor v. Saša Radak
Indictment, 13 Apr 2005, District Court in Belgrade, War Crimes Chamber, Serbia-Montenegro
Saša Radak was a member of a volunteer unit of the Yugoslav People’s Army (JNA). The War Crimes Prosecutor alleged that, in the period between 20 and 21 November 1991, together with other volunteer and as a part of a shooting platoon, Radak has treated inhumanely and executed 192 of the Croatian POWs.
Even though verdicts against Radak were entered on two occasions (2006 and 2009) and he was sentenced to 20 years of imprisonment, the Supreme Court of Serbia overturned them both, in 2007 and 2013, respectively. This was due to the significant breaches of the criminal procedure and the verdicts being based on insufficiently verified factual evidences.
Pedro: The Deputy Prosecutor-General for Serious Crimes v. Francisco Pedro
Judgement, 14 Apr 2005, Special Panels for Serious Crimes (District Court of Dili), East Timor
During Indonesia’s illegal occupation of East Timor form 1975 until 2002, the Indonesian Armed Forces and a number of militia groups perpetrated a countrywide campaign of abuse against the Timorese civilian population, targeting particularly those persons suspected of being independence supporters.
The Accused, Francisco Pedro, was a member of the Firmi Merah Putih (FIRMI) militia group. On 15 September 1999, he and other militia members abducted three suspected independence supporters from their homes, bundled them into a taxi and drove them to a dark clearing where they were to be killed. The Accused stabbed two of the victims, who died, whilst a third succeeded in escaping. The Accused on another event also acted as a guard at a FIRMI commander’s home where a number of independence supporters were detained and repeatedly punched, kicked and beaten. For his involvement, the Special Panels for Serious Crimes convicted the Accused of crimes against humanity of murder, attempted murder and other inhumane acts and sentenced him to 8 years’ imprisonment.
Perreira: The Prosecutor v. Francisco Perreira
Judgement, 27 Apr 2005, Special Panels for Serious Crimes (District Court of Dili), East Timor
During Indonesia’s occupation of East Timor from 1975 until 2002, the Indonesian armed forces and numerous militia groups in support of Indonesian autonomy perpetrated widespread abuses against the Timorese civilian population, targeting especially those suspected of being pro-independence supporters.
The Accused, Francisco Perreira, was a member of the Mahidi militia group who operated a detention camp where pro-independence supporters were routinely detained, beaten, and subject to harsh living conditions including lack of food, water and sleep. Perreira was convicted by the Special Panels for Serious Crimes for the persecution of four detainees at the camp, whom he had tortured or inflicted severe physical suffering upon. He was further convicted of the attempted murder of another detainee who had succeeded in escaping. Perreira had pursued the victim with other militia members to a riverbank where, acting upon orders to kill, he stabbed the victim. However, his conduct was not the cause of death as the victim was also shot by another militia member. As a result, at sentencing, Perreira was only sentenced to 3 years’ imprisonment for both counts of crimes against humanity.
Muhimana: The Prosecutor v. Mikaeli Muhimana
Judgement and Sentence, 28 Apr 2005, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
On 28 April 2005, Trial Chamber III of the ICTR sentenced Mikaeli Muhimana to imprisonment for the remainder of his life. The Trial Chamber found Muhimana, a former conseiller of Gishyita Sector in Kibuye prefecture, guilty on three counts: genocide, rape as a crime against humanity and murder as a crime against humanity.
The Chamber found Muhimana guilty of murdering several Tutsi civilians, including a pregnant woman whom he had disembowelled in order to see what the foetus looked like. The Chamber found that Muhimana’s active participation in the decapitation of Assiel Kabanda, and the subsequent public display of his severed head also constituted an aggravating factor. The Accused was found criminally liable for committing and abetting rapes as part of a widespread and systematic attack against the Tutsi civilian population. He had personally raped several Tutsi women in his home and at other locations. He also raped a girl whom he believed to be Tutsi, and apologized to her when he later found out that she was, in fact, Hutu.
Barros & Mendonca: Deputy General Prosecutor for Serious Crimes v. Sisto Barros and Cesar Mendonca
Final Judgment, 12 May 2005, Special Panels for Serious Crimes (District Court of Dili), East Timor
Indonesia’s invasion of Timor-Leste in 1975 marked the beginning of almost 25 years of immense atrocities and human rights abuses, resulting in the deaths of nearly one-third of the population of Timor-Leste from starvation, disease, and the use of napalm. Indonesia eventually withdrew in 1999 following international pressure; Timor-Leste achieved full independence in 2002. The Special Panels for Serious Crimes was established to prosecute persons responsible for the serious crimes committed in 1999, including genocide, war crimes, crimes against humanity, sexual offenses and torture.
The Accused, Barros and Mendonca, were members of the Laksaur militia, an armed group aimed at suppressing Timorese supporters of independence. The Panel convicted the Accused for two counts of murder, attempted murder and persecution carried out as part of a widespread and systematic attack against the population of East Timor, who had voted in favour of Timorese independence from Indonesia. Although neither of the Accused had carried out the acts themselves, they were liable as members of a joint criminal enterprise whose purpose was to suppress pro-independence supporters.
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