Archive for category Kenya

14 April 2015 – NEWS ABOUT THE COURTS

10 former Bosnian Serb soldiers arrested in Bosnia over crimes from 1990s conflict: The 10 former Bosnian Serb soldiers arrested in December have been charged with war crimes that occurred during the 1990s Balkans conflict. The December arrests stemmed from a joint effort of Bosnia and Serbia to look into these matters. Five former Bosnian Serb soldiers were arrested in December by Serbia and the ten now charged with war crimes were arrested by Bosnia. (UT San DiegoABC News) (for additional information click here)

Appeals proceedings in ICTR Butare case to start: On Tuesday 21 April 2015, the International Criminal Tribunal for Rwanda (ICTR) will start appeals proceedings for its last case. The case includes six members of Butare including former Family Affairs Minister Pauline Nyiramasuhuko. Nyiramasuhuko was sentenced to life in prison by the trial court for crimes against humanity in 2011. According to ICTR, judgement from the appeal will not be rendered earlier than August. This will mark the 14th year of this case and the 16th year that Nyiramasuhuko has been in preventive detention. (Hirondelle News)

Hadzic granted provisional release by ICTY for health issues:  The International Criminal Tribunal for Yugoslavia (ICTY) has granted a provisional release to former Croatian Serb rebel leader Goran Hadzic until May. Hadzic stands accused of 14 alleged war crimes and crimes against humanity during the 1991-95 war in Croatia. Hadzic was diagnosed with terminal brain cancer in November and will receive radio and chemotherapy treatment. His request for a temporary release was initially denied by trial judge, but overturned on appeal for humanitarian reasons. (Expatica, InSerbia News) (for additional information click here)

AG calls Bensouda’s claim of Kenya’s possible non-cooperation defamatory: ICC prosecutor Fatou Bensouda stands accused for defamation of Kenya by Attorney General Githu Muigai. Muigai states that Bensouda’s allegations that the Kenyan government refuses to cooperate with the court is defamatory. The prosecutor is attempting to get Kenya referred to the Assembly of State Parties and sanctioned. (All Africa News)

Bangladeshi Chairman of the Law Commission withdraws from ICC judge election: Bangladeshi Chairman of the Law Commission, ABM Khairul Haque, has withdrawn from the ICC judge election. Haque stated that he withdrew due to family concerns as his mother is elderly and ill. Haque also stated that this situation would not allow him to contribute six years to the ICC. (BDNews 24)

NGO group calls on Equitorial Guinea human rights violations to be investigated: Nongovernmental organizations sent a letter to the Community of Portuguese Language Countries on 31 March to assess the human rights situations in Equatorial Guinea and recommend reform. Human Rights Watch stated that an investigation should be launched into the human rights violation in Equatorial Guinea. According to Human Rights Watch freedom of speech, association, and assembly are limited in the country. (Human Rights Watch)

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3 April 2015 – NEWS ABOUT THE COURTS

ICTY Prosecutor Brammertz asks Trial Chamber to issue a verdict for Seselj soon: ICTY prosecutor, Serge Brammertz, asked the Trial Chamber to make a final verdict in Vojislav Seselj’s case for alleged war crimes.  Brammertz’ asked for a final verdict due to Seselj’s behavior whilst on a provisional release for health purposes. The ICTY found at the end of March that Seselj violated the conditions for his provisional release and ordered him to return to the Hague to await the verdict.  Tensions heightened between Serbia and Croatia during Seselj’s release to Serbia. Seselj was seen publicly burning a Croatian flag as a sign of defiance for being ordered back to the Hague. (Dalje, Yahoo! News) (for additional information click here)

Human Rights organizations write letter to UNSC to reopen ICC investigation in Sudan: A letter sent to the United Nations Security Council by a group of Sudanese and international humanitarian and human rights organizations asked the UNSC to reopen ICC investigations in Darfur. The organizations asked the UNSC to persevere in the arrest of indicted war criminals related to the situation in Darfur. They also urged the UNSC to advise ICC prosecutor, Fatou Bensouda, to reopen investigations into the matter. (All Africa)

ICC Prosecution last witness in Ruto case says fearful of testifying:  Witness 7271 is the final ICC prosecution witness in Deputy President William Ruto’s case for crimes against humanity. Witness 727’s lawyer, Goran Sluiter, stated that his client is hiding in the Netherlands and fears for his life. Witness 727 has refused to testify at trial three times before, causing the Trial Chamber to adjourn. (All Africa)

Victims of Malvinas War torture will bring case to IACHR: The victims of torture during the 1982 Malvinas War are bringing their case to the Inter-American Commission on Human Rights. During the Malvinas War, Argentine soldiers were tortured by senior officers whilst serving on the Malvinas Islands. The leader of Centro de Ex-Combatientes Islas Malvinas (CECIM), Ernesto Alonso, stated that the complaint will be filed within two weeks. (Buenos Aires Herald)

Cyprus makes Armenian genocide denial a crime:  The denial of the Armenian genocide is now a crime when the Parliament of Cyprus voted in the resolution. The resolution was passed unanimously on Thursday. Armenpress states that the penalty for the denial of genocide, crimes against humanity, and war crimes is now a prison sentence of 5 years and a fine of 10,000 Euros.   (Asbarez)

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27 March 2015 – NEWS ABOUT THE COURTS

Final ICC Prosecution witness in Ruto / Sang case found and begins testifying:  The final prosecution witness for both President William Ruto’s and journalist Joshua Sang’s hearings has been located and began testifying from a video link from a secret location at the Hague.  The witness was absent and failed to testify earlier. International Criminal Court Prosecutor, Fatou Bensouda, asked for more time in pursuing the witness. Prosecution wanted several weeks to locate the witness as they claimed the person was a key witness with crucial evidence to the case. Defence claimed that prosecution should only be given a few days. (All Africa) (for additional information click here)

OHRHC plans to open field office in Seoul to monitor N. Korea HR: The officer of human rights of the  Office of the UN High Commissioner for Human Rights plans to open a field office in Seoul to monitor human rights in North Korea. This comes from last year’s report by the UN Commission of Inquiry that recommended the establishment of a field office after alleging that North Korea’s leaders committed crimes against humanity.  (Voice of America News)

Former PM questioned at STL over arrested generals: Former Prime Minister of Lebanon, Fouad Siniora, provided testimony at the Special Tribunal for Lebanon. Siniora denied any direct involvement in the 2005 arrest and release of four Lebanese generals charged in relation to Rafik Hariri’s assassination. Siniora was the current prime minister of Lebanon during the assassination. (Daily Star)

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25 March 2015 – NEWS ABOUT THE COURTS

Final Prosecution witness in Ruto / Sang case fails to appear:  The final Prosecution witness in the trial against Kenyan Deputy President William Ruto and radio journalist Joshua arap Sang failed to appear before the ICC to testify on Monday, 23 March 2015.  The ICC judges were thus forced to adjourn the trial. It is being reported that the judges and parties in the case were to hold a conference meeting today, 25 March 2015, to discuss the status and progress of the case. The witness was the Prosecution’s last before its closing arguments.  (For additional information on this topic, please click here) (All Africa, Capital News).

Former PM testifies at STL of Hariri crime scene tampering: Today, 25 March 2015, former Prime Minister of Lebanon Fouad Sinoira testified at the Special Tribunal for Lebanon claiming members of the Lebanese-Syrian security apparatus tampered with the crime scene of the 2005 assassination of former Prime Minister Rafik Hariri.  Sinoira also said members of the security apparatus “bullied” Lebanese officials and “violated the dignities and freedoms” of Lebanese citizens.  The defense suggested the members had a privileged relationship with then Lebanese President Emile Lahoud, whom the defense claim may have had motive to kill Hariri. (The Daily Star).

AU States urged to ratify Protocol for African Court: During a Pan African Parliament meeting on Monday, 16 March 2015, Chairperson of the Justice and Human Rights Committee Onyango Kakoba urged African Union states to ratify and make a declaration on the Protocol of the African Court on Human and People’s Rights.  Of the 54 African Union member states, only 28 states have ratified the Protocol adopted in 1998 and only 7 states have made a declaration to allow access to the Court. Chairperson Kakoba also serves as the Leader of the Ugandan Delegation and the the country has ratified, but not yet made a declaration on the Protocol. (All Africa).

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23 March 2015 – NEWS ABOUT THE COURTS

OHCHR says ISIS attacks on Yazidi community may constitute genocide and war crimes: A new report commissioned by the U.N. Office of the High Commissioner for Human Rights claims crimes committed against the Yazidi community in Iraq by ISIS may constitute genocide and war crimes.  The report, consisting of over 100 interviews of survivors, found that ISIS targeted and killed hundreds of men and boys of the Yazidi population in Iraq and committed rape, abduction and forced separation of families. Thousands of Yazidis were forced to flee villages in northern Iraq because of ISIS last summer in which many were killed or captured. (BBC).

ICC judges propose holding Ntaganda trial opening in Bunia, DRC: On Thursday, 19 March 2015, ICC Trial Chamber VI judges recommended to the ICC Presidency that opening statements in the trial against former Congolese warlord Bosco Ntaganda be made in Bunia, Democratic Republic of Congo. The judges found that conducting part of the trial in Bunia would “bring[] the judicial work of the Court closer to the most affected communities.”  ICC Rules of Procedure and Evidence authorize the ICC judges to make the recommendation, which is then considered by the ICC Presidency in consultation with DRC authorities.  Ntaganda, a former Congolese military leader, is accused of crimes against humanity and war crimes committed during the 2002-2003 Congolese conflict.  (For additional information on this topic, please click here) (All Africa, ICC).

ICC Ruto / Sang trial resumes for final Prosecution witness: The final Prosecution witness in the ICC trial against Kenyan Deputy President William Ruto and radio journalist Joshua arap Sang is expected to begin testimony today, 23 March 2015.  The witness, who has been unwilling to testify and who has placed conditions before testifying, is the last witness scheduled before the Prosecution makes its closing arguments.  Ruto’s and Sang’s defense teams are expected to thereafter file a “no-case-to-answer” motion.   (All Africa).

ICC Trust Fund for Victims affirms commitment to reparations for victims in Lubanga case: The Board of Directors of the ICC Trust Fund for Victims (TFV) held its annual meeting in The Hague from 17-19 March 2015.  The TFV Board reaffirmed its commitment to reparations for victims in the case against Thomas Lubanga, the leader of the rebel group Congolese Patriotic Union, who was convicted in March 2012 of recruiting child soldiers.  Specifically, the TFV Board intends to advance its reparations reserve to provide for collective reparations awards and to consider the ICC Appeals Chamber’s suggestion to expand its assistance mandate to those not included in the reparations order.  The TFV Board also plans on meeting with victims, their communities and other stakeholders while it develops the draft implementation plan for reparations due 3 September 2015. (ICC).

Protestors in Sri Lanka reject domestic probe, demand international investigation: Tamils in Sri Lanka are protesting the new government’s plan for a domestic investigation into alleged human rights abuses committed during the last phase of the country’s 26-year civil war. Tamils, demanding an international investigation into the crimes instead, claim to have no faith in a domestic probe by the Sri Lankan government.  A resolution adopted by the U.N. Human Rights Council in March 2014 requiring an international investigation was delayed by 6 months.  (The Economic Times).

Polish soldiers cleared of violating Geneva Convention protections of civilians in Afghanistan: Four Polish soldiers have been cleared of war crimes in relation to the August 2007 attack on the village of Nangrarkhel in Afghanistan which killed 6 civilians.  The soldiers, being tried in a military court in Warsaw and accused of violating the Geneva Conventions protection of civilians in Afghanistan, claimed innocence and blamed the attack on faulty weaponry.  The four were convicted by the military court of lesser offenses.   (JURIST)

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10 March 2015 – NEWS ABOUT THE COURTS

Simone Gbagbo sentenced to twenty years for Cote d’Ivoire violence: A court in the Ivory Coast has sentenced Simone Gbagbo, former first lady of the Ivory Coast, to twenty years in prison for her involvement in inciting post-election violence in 2010. Gbagbo’s lawyer, Rodrigue Dadje, stated that they would appeal the verdict by the end of the week. Gbagbo is still wanted by the International Criminal Court. Her husband, Laurent Gbagbo, is still awaiting trial at the ICC for crimes against humanity during the post-election violence. (Reuters)

Identity of deceased man confirmed as potential ICC Witness: The body thought to be of Meshack Yebei, a potential ICC witness, was found in early January. The Kenyan government has confirmed through DNA tests that the body is in fact that of Mr. Yebei. Yebei was a potential witness in the trial against President Ruto who was charged with crimes against humanity during the post election violence in Kenya. Mr. Ruto’s lawyers stated that Yebei was to be a witness for the defence. (BBC)

Human rights groups file Bamako complaint for Mali crime victims: The International Federation of Human Rights announced on 9 March 2015 that human rights groups have filed a war crimes complaint for victims in Mali. The complaint focuses on the events that occurred during 2012 and 2013 when armed groups occupied Timbuktu and the surrounding area. Human rights groups have identified fifteen people as responsible parties for war crimes and crimes against humanity. The ICC opened an investigation in January of 2013 against Mali for occurrences since 2012, but no cases have been brought so far against particular individuals. (Hirondelle News)

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9 March 2015 – NEWS ABOUT THE COURTS

ICC TC allows Prosecutor to bring appeal to ASP on non-cooperation of Kenyan Gov in Kenyatta case: ICC Trial Chamber V(B) has granted Chief Prosecutor Fatou Bensouda’s request to appeal the Chamber’s 3 December 2014 decision to the Assembly of State Parties. Trial Chamber V(B)’s 3 December 2014 decision rejected the Prosecutor’s application that the Kenyan government failed to cooperate with the Court and thus, the Chamber declined to refer the matter to the Assembly of States Parties.  The appeal concerns whether the Chamber has the discretion to make a finding of non-compliance and refer the matter to the Assembly of State Parties and if so, whether the Chamber erred in the exercise of its discretion. (Standard Digital).

ICC refers Sudan to UNSC over failure to arrest President Bashir: Today, 9 March 2015, the ICC issued a ruling finding Sudan failed to fulfill its international obligations and surrender President Omar al-Bashir to the Court.  The ICC further referred the matter back to the U.N. Security Council “to take the necessary measures they deem appropriate.”  Despite the issuance of two arrest warrants against Bashir for genocide and war crimes, the President has traveled freely around Africa and not arrested by ICC member states. (Daily Star).

Amnesty calls for investigation of torture in Mexico:  (Amnesty International). Today, 9 March 2015, U.N. Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment Juan E. Méndez presented a report to the Human Rights Council concerning the widespread torture by Mexico’s police and security forces.  The report outlines how the government of Mexico has failed to investigate complaints from tortured victims and how government doctors disregard signs of torture in medical forensic reports.  Amnesty International is calling for Mexico’s government to address these allegations of torture through “prompt, impartial and thorough” investigations.”

 

 

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