Archive for category Other domestic courts

11 November 2014 – NEWS ABOUT THE COURTS

ICC confirms charges against five in Bemba Trial

Pre-Trial Chamber II of the International Criminal Court on Tuesday confirmed several charges against five individuals in connection with the Case of Bemba, Kilolo, et. al. Jean-Pierre Bemba Gombo, former defense counsel Aimé Kilolo Musamba, and three others allegedly enticed witnesses into providing false testimony, and the Court on Tuesday found there was sufficient evidence to send the case to trial. Chambers declined the Defence motion to stay proceedings while opting not to confirm charges for false or forged documents. Mr. Bemba is on trial for war crimes and crimes against humanity allegedly committed while serving as Commander-in-Chief of the Movement for the Liberation of Congo in DRC. (ICC)

ICC Prosecutor demands action in Libya, citing stability concerns

Chief Prosecutor of the International Criminal Court, Fatou Bensouda, on Tuesday described growing concern that the deteriorating security situation in Libya is threatening long-term justice efforts. Specifically, Ms. Bensouda highlighted attacks on civilians and armed conflicts, as well as the targeting of human rights workers, media, and legal workers as a threat to ICC investigations in the region. In response, international rights groups called on the United Nations Security Council to act and end impunity. (UN News Centre, HRW) For additional information, please click here

Former officials of Habre Regime to face trial in Chad

On Monday, 10 November, Human Rights Watch welcomed the decision by an African court to try 26 former members of Hissen Habre’s Regime. The accused allegedly committed murder, torture, and kidnapping, among other crimes, during Habre’s Dictatorship. Habre is currently awaiting trial in Dakar, Senegal at the Extraordinary African Chambers. (HRW)

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7 November 2014 – NEWS ABOUT THE COURTS

Report says Kony is in Sudan / S. Sudan border area: The Resolve LRA Crisis Initiative and Invisible Children have released a comprehensive report identifying Kony’s movements since 2005. Joseph Kony, leader of the Lord’s Resistance Army charged with war crimes and crimes against humanity, has been reported to be hiding out near the Sudan border at Kafia Kingi. Kafia Kingi is controlled by Sudan, but claimed by South Sudan. The ICC issued a warrant for Kony’s arrest back in 2005, but Kony has evaded arrest. Paul Ronan, director of Resolve LRA Crisis Initiative, calls for the international community and the Sudanese government to take action. Sudanese President, Omar al-Bashir, is also wanted by the ICC for alleged war crimes in Darfur. (The Guardian)

 ICTY grants provisional release of Seselj: ICTY conditionally released Vojislav Seselj, Serbian nationalist leader, for medical treatment for his colon cancer. Seselj is charged with crimes against humanity and war crimes including inciting Serb paramilitary units to commit crime. Seselj turned himself in to the court in 2003 and has spent almost 12 years in ICTY detention. Seselj’s release is conditional upon him not influencing his current trial for war crimes. Should the ICTY summon him, he has to return for trial. (Europe Online Magazine)

 UK Supreme Court allows Rwanda access to witness testimonies on Genocide suspects: Five Rwandans are up for their hearing for their alleged part in the 1994 genocide against the Tutsis. The Supreme Court of the UK has rejected pleas by defense lawyers for Rwandan genocide suspects to bar the Rwandan government from accessing witness testimonies to the court. The Prosecutor-General, Richard Muhumuza, stated this news meant that Rwanda would be able to rebut what the defense has to say. Muhumuza stated any other move would have been unprecedented. (All Africa)

 Dominican Republic withdraws membership from Inter-American Court of HR: On 4 November 2014, the Dominican Republic withdrew its membership from the Inter-American Court of Human Rights. The Dominican Republic decided on this after the court gave the government six months to invalidate the Dominican Republic’s ruling that people born to illegal migrants did not automatically receive citizenship. The court stated that this discriminated against those residents of Haitian decent. (Panam Post)

 Lebanon pays annual contribution to STL: On 6 November 2014, the Lebanese government fulfilled its obligation to fund the Special Tribunal for Lebanon. This is its annual contribution of 36 million dollars. STL Registrar Daryl Mundis welcomed the contribution and thanked the government for its commitment to the tribunal. (The Daily Star)

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3 November 2014 – NEWS ABOUT THE COURTS

Kenyan NGO seeks signatures on ICC criticism of government: The Kenyan Citizens Coalition, a non-governmental organization, stated that the Kenyan government is not to blame for the lagging case against President Uhuru Kenyatta. The NGO stated that the ICC has not properly investigated the case and should not allocate the blame onto the Kenyan government. The Kenyan Citizens Coalition announced plans to start collecting signatures from citizens, Kenyan Organizations, and International Partners to compel the ICC to stop apportioning the blame. The organization’s convener, Ngunjiri Wambugu, stated that these signatures will be compiled into a memorandum that will be sent to the United Nations Security Council, the Assembly of States Parties to the ICC, the European Union, and the African Union. ICC judges will soon rule whether the prosecutor Fatou Bensouda will be granted more time for investigations against Kenyatta and suspend the trial date or to throw the case out altogether. (Capital News)

ICTR celebrates 20 year anniversary: The UN-ICTR for Rwanda will celebrate its 20th year operating in Arusha. Prosecutor for the ICC, Fatou Bensouda, will join for celebrations and as panelist with other prosecutors to debate on the lessons of empowerment of national jurisdictions to prosecute international crimes. The ICTR was established in 1994 following the Rwandan genocide between the Hutus and the Tutsis. The ICTR to date has indicted 93 individuals total, 61 of which were sentenced. (Daily News)

141 human rights organizations support trial of Habré: 141 African human rights organizations from 32 different countries issued a letter on 2 November 2014 praising the efforts of Senegal and the African Union to prosecute crimes. Former Chadian president, Hisséne Habré, stands accused of thousands of political killings and torture from 1982 to 1990. Habré was indicted in July 2013 by the Extraordinary African Chambers and is now in pretrial detention. Habré’s trial would begin in early 2015 if judges rule that a trial is justified. The letter states that a fair and transparent trial for Habré, if the case went forward, would help hold those accountable for their crimes. The letter also calls for fair and transparent trials for officials from Habré’s administration whose trials are scheduled to begin November 13th. (Human Rights Watch)

Libyan court postpones trial of former Gaddafi officials: Libyan court has postponed the trial of ex-officials that served under former leader Muammar Gaddafi until 16 November 2014. This postponement is connected to the proceedings against Saif Al-Islam Gaddafi and Abdullah Al-Senussi before the ICC. The ICC has ordered Libya to hand over Saif Al-Islam Gaddafi to be tried before the ICC. With respect to Senussi, the ICC Appeals Chamber found in July 2014 that Senussi could be tried before local Libya courts. The trial of 23 defendants occurred in Tripoli’s al-Hadba prison while Saif Al-Gaddafi is being tried in Zintan. The defendants are charged with numerous crimes including charges of genocide and incitement to rape. (Bernama, African News) (for additional information please click here)

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28 October 2014 – NEWS ABOUT THE COURTS

UN Inquiry leads ask for China support in N. Korea ICC referral

The United Nations team that led an investigation into war crimes committed in North Korea on Wednesday asked that China support a referral of the case to the International Criminal Court. Michael Kirby was the chair of the commission of inquiry tasked with identifying any crimes committed and ongoing in North Korea. The resulting report outlined ongoing abuses, and has provided evidence to potentially refer North Korea to the ICC. Leaders were concerned Wednesday that China would use its veto power to block any action to refer North Korea. For additional information on this topic, please click here and click here (Reuters, Washington Post)

Rwanda Prosecutor appeals for cooperation in pursuing suspects

Richard Muhumuza, the Prosecutor General of Rwanda, vowed that he would collaborate with prosecutors and legal systems throughout Africa to pursue and apprehend remaining war crimes suspects. He spoke at the meeting of the General Assembly of the Africa Prosecutors’ Association, and appealed for cooperation to ensure extradition of suspects. Specifically, he spoke about individuals suspected of perpetrating crimes in the 1994 Rwanda Genocide, who had not been apprehended to date. (AllAfrica)

Team of investigators to present findings ICT of Bangladesh Prosecution

A report detailing evidence against three International Crimes Tribunal suspects will be turned over to the Prosecution, for consideration. The investigation arm of the ICT compiled a report against Forkan Mollick, Mohidur Rahman, and Afsar Hossain, in relation to alleged mass killings, rape, and forced conversions, among other charges. (BDNews)

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27 October 2014 – NEWS ABOUT THE COURTS

UN official says rape used as weapon of war in S. SudanU.N. Special Representative on Sexual Violence in Conflict, Zainab Hawa Bangura, stated that the Sudanese government Sudan Peoples’ Liberation Army (SPLA) uses rape as a weapon of war in its current conflict with opposition forces. Bangura stated that women are sent out for firewood and other tasks since men would be killed at SPLA checkpoints, while women are raped at these checkpoints. Bangura stated that sexual violence in conflict could constitute as a war crime or crime against humanity. Bangura has urged government and opposition officials to stop the use of sexual violence and notified both that these crimes will be prosecuted through national and international courts. (Voice of America)

ECCC defense team warned of misconduct and obstructing proceedings: The Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) has issued warnings to lawyers representing Nuon Chea and Khieu Samphan for misconduct in walking out of the courtroom during opening statements on 17 October and for failing to appear at a trial management meeting. The court accused the attorneys of obstructing proceedings for boycotting their clients’ genocide trial. Kong Sam Onn, Khieu Sampan’s Cambodian lawyer, stated they are acting on behalf of their clients’ wishes in order to draft an appeal brief on earlier convictions for crimes against humanity that carried life sentences in prison. Both defense teams have been ordered to be present in court for another trial management meeting set for Tuesday, but Sam Onn stated that they would not appear unless ordered by their client. Under Rule 38, judges have the ability to impose sanctions on lawyers or refer them to their bar associations for disciplinary action, a process that could ban lawyers from appearing before the ECCC. (Cambodia Daily)

Inter-American Crt of HR decision called “unacceptable” and “biased” by State: Last year, a Dominican court ruled that people born to illegal migrants did not automatically receive citizenship rendering many stateless. The Inter-American Court of Human Rights (IACHR) gave the government six months to invalidate the ruling stating that it discriminated against Dominicans born of Haitian descent. The Dominican Republic has rejected this ruling calling it “unacceptable” and “biased.” Amnesty International stated that this reaction demonstrates a disregard for international law and the country’s legal responsibilities. The court found abuses against human rights in the Dominican Republic’s Law 169/14, which created two categories of people: those who were registered in the Dominican civil registry and those with undeclared births that labeled them as foreigners. The IACHR found the requirement of having Dominicans register as foreigners as a violation of international human rights law. (Fox News, Amnesty International) (For additional information on this topic, please click here)

Argentinian court sentences 15 to life for crimes against humanity: Argentine Federal Court sentenced 15 individuals to life for crimes against humanity during the Argentine military dictatorship from 1976 to 1983. Four others were sentenced between 12 to 13 years in prison and one was absolved. Soldiers, policeman, and former politicians were among those accused for genocide of Argentinians and the kidnapping and murder of Laura Carlotto, daughter of Grandmothers of the Plaza de Mayo founder, Estela de Carlotto. These proceedings began in December of 2013 and finished last Friday with the guilty verdict. (teleSUR)

Rwandan opposition leader files complaint at African Court: Victoire Ingabire, a jailed Rwandan opposition figure, filed a complaint in demand of a retrial with the African Court on Human and Peoples’ Rights. Ingabire was convicted for “conspiracy in harming authorities through terrorism and war,” minimizing the Rwandan genocide, and spreading rumors to incite violence. She was sentenced to 15 years in prison last December. Ingabire wants the court to strike down Rwanda’s laws banning genocide revisionism and spreading rumors. The United Democratic Forces party stated that Ingabire should be freed upon retrial and paid damages for the detention. (Naharnet)

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21 October 2014 – NEWS ABOUT THE COURTS

ICC Judge orders release of members of Bemba Team and others

On Tuesday, October 21, the Judge of Pre-Trial Chamber II at the ICC ordered the release of several individuals connected to the Case of Prosecutor v. Bemba, Kilolo, et. al. The Judge, Cuno Tarfusser, considered the circumstances of detention for several members of Mr. Bemba’s defense team, a defense witness, and one other individual from the DRC government. The four were detained in November 2013 for allegedly obstructing justice in the Case of Mr. Bemba. Judge Tarfusser ordered release for the four to ensure pre-trial detention was not disproportionately long for the charges. A confirmation of charges decision is anticipated, and any corresponding detention will be decided at that time. (ICC Press Release)

Former Pinochet Regime Minister arrested for allegedly aiding killings

On Monday, the ex-mayor of Providencia was arrested for allegedly perpetrating crimes including homicide and torture during the Pinochet Regime. Christian Labbe Galilea will be prosecuted along with nine other regime leaders, for acts committed as a member of the DINA Secret Police. The human rights division of the Chile Interior Ministry pursued the charges against the former military leaders, and indicated that they would contact Brazilian authorities regarding alleged torture training conducted in 1972-1973 in Brazil. Defense attorneys for Labbe said they would appeal the charges and seek unlawful association charges. (BBC, Reuters) For additional information on this topic, please click here.

ICT-1 sets date for charges hearing against three accused

The International Crimes Tribunal – 1 announced it would consider charges against three accused on November 5. The three suspects, Sheikh Sirajul Haque, Khan Akram Hossain, and Abdul Latif Talukdar, allegedly committed murder and other crimes during the Liberation War of 1971. Mr. Haque was said to have killed more than 650 civilians, while the two other individuals were alleged to have converted hundreds of Hindus and murdered several civilians. (Daily Star)

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20 October 2014 – NEWS ABOUT THE COURTS

Two ECCC accused seek to boycott trial until appeal in earlier conviction concluded: On 18 October 2014, defense attorneys of two former leaders of Cambodia’s Khmer Rouge regime, Nuon Chea and Khieu Samphan, stated that they would boycott their client’s genocide trial until appeals were filed on earlier convictions.  Defense lawyers for the two accused stated that the boycott was necessary as it would not be possible to finalise the full appeal in the first case while starting proceedings in the second, and would not disrupt the Court because there is a clear time frame; until the full appeals document has been filed in the accuseds’ other case. Both men already have life sentences for earlier crimes against humanity and war crimes. Court officials contemplate that the trial could extend into 2016. (The Wall Street Journal, The Straight Times) (For additional information on this topic, please click here).

Simone Gbagbo’s trial to begin in Ivory Coast on 22 October:  On 15 October 2014, it was announced that the trial date has been set for October 22 against 89 individuals, including Simone Gbagbo the wife of former President Laurence Gbagbo who is currently being tried before the ICC for charges of crimes against humanity related to the post-election violence in 2010 and 2011.  Mrs. Gbagbo is wanted by the ICC and has been is charged before the Court with crimes against humanity during the same conflict. The charges brought in the domestic trial concern economic crimes, but further charges have been made for ‘blood crimes’ including murder, rape and genocide.  The Ivory Coast is a State party to the Rome State, and the government has stated that they will try Simone in domestic court rather than turn her over to the ICC. (Reuters)

Amnesty calls for investigation of war crimes by both sides in Ukraine: On 20 October 2014, Amnesty International accused Ukrainian government forces and pro-Russian separatists of committing war crimes in a report presented in Berlin and London. Amnesty International stated that while the rumors of mass killings and mass graves are not supported by evidence, there have been isolated cases that could constitute as war crimes. Amnesty International urges both sides to investigate these allegations, and to prosecute any parties responsible on both sides. (DW)

ICC indictee Bashir visits Egypt: On 18 October 2014, Sudanese President Omar al-Bashir travelled to Egypt to visit Egyptian President Abdel-Fattah al-Sisi. The ICC indicted Bashir in 2009 for genocide, crimes against humanity, and war crimes on the civilian population in Darfur. The ICC issued two arrest warrants for these crimes in 2009 and 2010. The ICC officially requested Bashir’s arrest upon arrival to Egypt. Although Egypt is a signatory to the ICC statute, they never ratified the treaty. (Al Arabiya News, Daily News Egypt) (For additional information on this topic, please click here).

Post author:  Aryane Garansi

 

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