August 2020 - Domestic Prosecution of International Crimes Updates
By: Sophia Zademack, Junior Research Associate, PILPG-NL
This month, several states have initiated or continued to prosecute international crimes in their domestic jurisdiction. This article summarizes and highlights some of them, relying on international and national sources.
EUROPE
United Kingdom | War crime suspect arrested in London
The London police arrested a former fighter and frontline commander of the Liberia United for Reconciliation and Democracy (LURD), Jankuba Fofana. Fofana allegedly committed war crimes in Liberia between 1989 and 2003 where approximately 250.000 people were killed in a civil war. The LURD’s main aim during the war was to force Charles Taylor out of office, Fofana is known to be one of the main leaders of the LURD and played a key role during ceasefire talks. [August 27, 2020]
Germany | Public granted access to Arab version of Al-Khatib Trial
The Court of Koblenz decided that accredited Arabic speaking journalists will be granted access to the simultaneous German-Arabic interpretation of the trial on Syrian state torture before the Higher Regional Court in Koblenz, Germany. The Constitutional Court of Germany decided so after a Syrian journalist and the Syria Justice and Accountability Centre filed a preliminary injunction. [August 18, 2020]
Germany | Witnesses in torture trial fear threats of families back home
The first two inside witnesses appeared in the torture trial against Syrian state officials. Both answered vaguely and were unwilling to confirm several incidents in the court hearing. They had mentioned before that their families back in Turkey and Syria had been threatened by the families of the accused and were left without protection. [July 27th, 2020]
Bosnia | War Convict again indicted for killing Bosniaks
The Bosnian state prosecution filed an indictment against Predrag Bastah, charging him with crimes against humanity. Bastah allegedly participated in the murders of 37 Bosniak civilians along with two Bosnian Serb Army soldiers. In 2011, Bastah was already sentenced to 22 years in prison for unlawful detention and forced disappearances and is currently imprisoned. The new indictment is now filed for confirmation at the state court. [August 12, 2020]
THE AMERICAS
Colombia | Request to extradite war lord from the United States to Colombia
Colombian authorities requested the extradition of Salvatore Mancuso, who is currently living in the United States. Mancuso was the leader of a right wing paramilitary group during Colombia's civil war and was convicted of 1.5000 murders and forced disappearances. He was then extradited to the US for drug trafficking and released in May 2020. Mancuso was ordered to be deported to Italy before September 4th, but in a highly politicized move, the US has decided to extradite him to Colombia instead where he is wanted for gross human rights violations. [August 26, 2020]
Guatemala | Convicted Military Officials seek release
The First Court of Appeals in Guatemala held a hearing to consider a request for release, filed by three senior military officials. The officials were convicted for crimes against humanity, aggravated sexual assault, and forced disappearance against Emma and Marco Antonio Molina Theissen by the High Risk Court C in Guatemala. Their request to be released is based on concerns about COVID-19 hygiene and safety in jail. The lawyer of the victims filed an appeal against this, invoking that the Guatemalan criminal code excludes substitution measures for those convicted of the crimes of forced disappearance and aggravated rape. [August 18, 2020]
Guatemala | Former Special Forces Soldier indicted by a Guatemalan Court
The Guatemalan High Risk Court A indicted Gilber Jordán, a former member of the special forces, for his alleged role in the Dos Erres massacre. The massacre happened in 1982 in the community of Las Dos Erres. Many of the women and girls of the community were raped and all members of the community were killed afterwards. Jordán is charged with direct participation in murder in 162 counts and faces charges of crimes against humanity. [July 25th, 2020]
ASIA
Cambodia | ECCC seals Ao An Trial
The ECCC ordered the sealing and archiving of the Ao An case. The international and Cambodian judges were not able to agree upon further procedure of the case. According to the order, the “national judges declared that there would be no trial of Ao An now or in the future”. This led to the final order of sealing the case. [August 14, 2020]
AFRICA
Rwanda | Paul Rusesabagina arrested on terrorism charges
The inspiration behind the film “Hotel Rwanda” Paul Rusesabagina has been arrested and is now in police custody in Kigali. Rusesabagina was known for saving hundreds of lives during the 1994 rwandan genocide by sheltering people in the hotel he managed, he is currently an outspoken critic of Rwandan president Paul Kagame. Yet, he was accused by Rwanda of being the “founder, leader, and sponsor of violent, armed, extremists terror outfits”. Rwandan authorities have confirmed that his arrest resulted through international cooperation, although the assisting nation was not disclosed. [August 31st, 2020]
Rwanda | Arrest warrant issued for former spy chief
Rwanda issued an international arrest warrant against its former spy Chief, Aloys Ntiwiragabo. Ntiwiragabo is currently under investigation in France, where his role in the 1994 genocide in Rwanda is examined. Rwandan authorities have now investigated on the case and are accordingly “working with the French unit in charge of combatting war crimes and crimes against humanity." [August 26, 2020]
DRC | Executions and arbitrary killings could amount to crimes against humanity, UN says
According to the UN Joint Human Rights Office (UNJHRO), fighters of all armed groups are responsible for executions and arbitrary killings, that have amounted to over 1.300 people including over 150 children in the first six month of 2020. Next to that, violations committed by the state have decreased compared to numbers of the beginning of 2019. The UNJHRO warned that some of the latest attacks “could amount to crimes against humanity.“ [August 5th, 2020)