Evidentiary challenges in universal cases

Universal Jurisdiction Annual Review 2019 #UJAR

1 Photo credit: UN Photo/Yutaka Nagata This publication benefted from the generous support of the Taiwan Foundation for Democracy, the Oak Foundation and the City of Geneva. TABLE OF CONTENTS

6 METHODOLOGY AND ACKNOWLEDGMENTS

7 FOREWORD

8 BUILDING ON SHIFTING SANDS: EVIDENTIARY CHALLENGES IN UNIVERSAL JURISDICTION CASES

11 KEY FINDINGS

12 CASES OF 2018

Argentina 13 VICTIMS DEMAND THE TRUTH ABOUT THE FRANCO DICTATORSHIP 15 ARGENTINIAN CONSIDER CHARGES AGAINST CROWN PRINCE

Austria 16 SUPREME COURT OVERTURNS JUDGMENT FOR IN 17 INVESTIGATION OPENS AGAINST OFFICIALS FROM THE AL-ASSAD REGIME

Belgium 18 FIVE RWANDANS TO STAND TRIAL FOR 19 AUTHORITIES ISSUE THEIR FIRST INDICTMENT ON THE 1989 LIBERIAN WAR

Finland 20 WAR CRIMES TRIAL RAISES TECHNICAL CHALLENGES 22 FORMER IRAQI SOLDIER SENTENCED FOR WAR CRIMES

France ONGOING INVESTIGATIONS ON SYRIA

23 THREE INTERNATIONAL ARREST WARRANTS TARGET HIGH-RANKING AL-ASSAD REGIME OFFICIALS 24 SYRIAN ARMY BOMBARDMENT TARGETING JOURNALISTS IN HOMS 25 STRUCTURAL INVESTIGATION BASED ON INSIDER PHOTOS 26 FIRST IN : COMPANY INDICTED FOR 28 FRANCE REVOKES REFUGEE STATUS OF MASS SUSPECT 29 SAUDI CROWN PRINCE UNDER INVESTIGATION 30 INVESTIGATION OPENS ON BENGAZHY SIEGE

3 31 A EUROPEAN COLLABORATION: SWISS NGO SEEKS A WARLORD’S PROSECUTION IN FRANCE 32 IS SELLING SPYING DEVICE TO AL-ASSAD’S REGIME COMPLICITY IN ?

RWANDAN TRIALS IN FRANCE

33 DEFINITIVE SENTENCE FOR THE FORMER HEAD OF INTELLIGENCE 34 LIFE SENTENCE CONFIRMED AGAINST TWO MAYORS 35 FINAL HEARINGS IN EIGHT-YEAR-LONG PROCEDURE 36 GENOCIDE FUGITIVE ARRESTED IN CAMEROON 37 LAST CHANCE OF FOR A PRIEST’S VICTIMS 39 TWO MORE UPCOMING GENOCIDE TRIALS

Germany 41 STRUCTURAL INVESTIGATIONS AGAINST THE SYRIAN GOVERNMENT 43 PROSECUTING MASS IN SYRIAN DETENTION FACILITIES 44 STRUCTURAL INVESTIGATIONS AGAINST NON-STATE ARMED GROUPS IN SYRIA 45 FOUR SIBLINGS SUSPECTED OF WAR CRIMES 46 JABHAT AL-NUSRA FIGHTERS ON TRIAL FOR KILLINGS IN RAQQA 47 ABDUCTION, BLACKMAIL AND TORTURE RESULT IN LIFE SENTENCE 48 IDLIB WAR CRIMES SUSPECT IN CUSTODY 49 FORMAL INDICTMENT OF TWO ISIS SUSPECTS 50 SENTENCE LENGTHENED FOR A UN EMPLOYEE KIDNAPPER 51 WAR CRIMES CHARGES UNDER SCRUTINY 52 TALIBAN INDICTED AND HELD IN CUSTODY 53 AFGHANI ARRESTED FOR INTERROGATING DETAINEES UNDER TORTURE 54 SHEDDING A LIGHT ON CIA SECRET DETENTION CENTERS 55 WERE GAZA ATTACKS BY ISRAELI DEFENSE FORCES DISPROPORTIONATE?

Ghana 56 CIVIL SOCIETY COMES TOGETHER AGAINST FORMER DICTATOR

Italy 57 DOES SELLING ARMS TO SAUDI ARABIA CONSTITUTE COMPLICITY IN WAR CRIMES?

Norway 58 PAST CRIMES CATCH UP WITH NORWEGIAN CITIZEN

4 59 WITNESS UNDER THREAT IN A HUMAN DEFENDER CASE

Spain 60 EXTRADITED SALVADORIAN COLONEL AWAITS TRIAL 61 GUATEMALAN FORMER MINISTER CLEARED OF ALL CHARGES 62 SYRIAN CASE CALLS ’S JURISDICTION INTO QUESTION

Sweden 63 REMOTE WITNESSES CONTRIBUTE TO GENOCIDE CONDEMNATION 64 FORCIBLE DISPLACEMENTS FOR PROFIT? OIL COMPANY ON THE AUTHORITIES’ RADAR

Switzerland 65 COURT ORDERS ATTORNEY TO INVESTIGATE ALGERIAN GENERAL 67 DETENTION EXTENDED FOR FORMER GAMBIAN MINISTER UNDER INVESTIGATION 68 INVESTIGATIONS AT A STANDSTILL AGAINST THE “BUTCHER OF HAMA” 69 THIRD (AND FINAL?) SENTENCE FOR HEAD OF GUATELAMAN POLICE

The Netherlands 71 ETHIOPIAN “RED TERROR” SUSPECT APPEALS HIS CONVICTION 72 LIBERIAN “BLOOD TIMBER” BUSINESSMAN AWAITING

The 74 LIBERIAN AND SWISS NGOS JOIN FORCES AGAINST EX-FIRST LADY 75 “SPECIAL MISSION IMMUNITY” CONFIRMED FOR EGYPTIAN OFFICIAL

The of America 76 HISTORICAL SENTENCE IN IMMIGRATION FRAUD CASE 77 LONG-TERM RESIDENT CONVICTED OVER MASS 78 CIVIL CASES TAKE OVER CRIMINAL PROCEEDINGS

80 TABLE OF CASES

84 WHO WE ARE

5 METHODOLOGY AND ACKNOWLEDGMENTS

The present report only highlights cases where judges or prosecutors have initiated investigations into the most serious international crimes. It does not, therefore, include every complaint that victims, lawyers and NGOs fled under universal jurisdiction with national authorities in 2018, if they did not result in signifcant judicial advances, are still pending, or have been dismissed by relevant national authorities. The report also refers to cases of serious crimes under based on active or passive personality jurisdiction where the relevant case has also had an impact on the practice of universal jurisdiction.

While every attempt was made to ensure accuracy, information may be subject to change without notice.

This report has been researched and written by Valérie Paulet, Project Coordinator at TRIAL International, in collaboration with REDRESS, the European Center for Constitutional and (ECCHR), the International Federation for Human Rights (FIDH) and the International Foundation Baltasar Garzón (FIBGAR).

The organizations are grateful to the following persons for their assistance and collaboration in collecting the information compiled in this report: the NGOs Guernica 37, The Center for Justice and Accountability (CJA) and Civitas Maxima, as well as Aitor Martínez, Alain Werner, Luc Walleyn, Joseph Breham, Hélène Legeay, Thijs Berger, Tom Laitinien, Eric Emeraux, Una Schamberger, Juliette Rémond-Tiedrez, Louis Perez and all the prosecutors from war crimes units that gave us the latest updates on their public cases.

This publication benefted from the generous support of the Taiwan Foundation for Democracy, the Oak Foundation and the City of Geneva.

6 FOREWORD

In 2018, universal jurisdiction has again demonstrated its potential to curb impunity for international crimes. Several arrest warrants were issued against the inner circle of Syrian President Bashar al-Assad in France and in Germany. The former Gambian Minister of the Interior is awaiting trial in detention in Switzerland. Investigations are ongoing in against offcials of the Syrian intelligence services. Around the world, the net is tightening around suspects of the gravest crimes.

Yet, all practitioners know how hard-won these victories are, and how many other cases have been abandoned due to political, legal, logistical or budgetary hurdles.

For the ffth edition of the Universal Jurisdiction Annual Review (UJAR), we have chosen to focus on the evidentiary challenges inherent to universal jurisdiction. Each case presented in the following pages, successful or unsuccessful, illustrates the countless complexities arising from investigating and prosecuting crimes remotely.

But this publication also highlights the solutions and good practices that have emerged in 2018. From many of the selected cases, lessons can be drawn and eventually applied to different contexts. We hope that the UJAR will be used as a practical tool to disseminate good practices and inspire judicial actors resorting – or considering resorting – to universal jurisdiction.

This UJAR also sheds a light on the continuing cooperation required in universal jurisdiction cases. The fght against impunity brings together a wide array of actors, both legal and non-legal. Joining forces, recognizing our complementarity, overcoming our differences, and building mutual trust are the only way to ensure no state remains a safe haven for war criminals.

The stakes are too high. The need is too urgent. The moment for action is now.

Philip Grant TRIAL International Director

Valérie Paulet TRIAL International Project Coordinator

7 Photo credit: Pexel Building on shifting sands: evidentiary challenges in universal jurisdiction cases

8 Mass crimes, remote locations, Survivors, prosecutors, lawyers, Authorities, civil protection of victims and investigators, diasporas, NGOs, witnesses, procedural obstacles, victims’ associations and media are society, local learning to work together, sometimes outreach. Those are just some in unexpected ways, to offer victims communities of the challenges inherent to the best chance of justice for the most universal jurisdiction cases. serious crimes. A crucial ally for national prosecuting From gathering evidence to authorities is civil society. NGOs have tracking down suspects, each more fexibility to enter a country Investigating from the and document atrocities, insofar as step of the process is long, other side of the world a simple visa could let them in – as complex, often frustrating opposed to the offcial laissez-passer and sometimes downright scenes are the traditional required by state institutions. They can dangerous. The legal world’s starting point for any criminal therefore operate more freely, more answer to those challenges? investigation. But in universal swiftly, and more discreetly. Joining forces. jurisdiction cases, they are by defnition situated abroad. Where to NGOs also have a more permanent The nature and scale of international start feldwork in a country one has presence in the feld and direct crimes – such as genocide, crimes never been to? Collaboration with contacts with victims and survivors. against humanity and war crimes – local authorities “is as necessary For these reasons, they can offer make them among the most complex as it is tricky”, according to Thijs valuable contacts in the feld. “We to prosecute. These diffculties are Berger, a of the Dutch War collaborate closely with local NGOs,” multiplied when investigations or Crimes Unit. explains Emmanuelle Marchand. trials take place far away from where “They are the ones present in the the crimes were committed. Be it for For the sake of fair trials, prosecuting country, interviewing victims and political, legal or security reasons, authorities are bound by the same witnesses, identifying zones where holding accountable alleged criminals standards when they investigate crimes were committed. Without the may only be possible remotely: that is abroad as when they build locals’ knowledge, we would not know when universal jurisdiction kicks in. domestic cases: independence where to start.” and confdentiality. Likewise, the Under this principle, states may or standard of proof they will have to Tom Laitinen, a State Prosecutor in shall prosecute criminals present present in court remains unaltered , recalls for instance how an on their , regardless of the by the tremendous challenges to international NGO assisted his team in criminal’s nationality, where the investigating abroad. a Rwandan case: “They had conducted crimes took place, or the victims’ their own investigation on the same location and nationality. Based on the An additional challenge is that these village where our suspect had acted concept that certain crimes endanger standards vary from one country to during the genocide. We were able to the very essence of mankind, this tool another, and there is sometimes no talk to one of their researchers, who was developed to give power to the telling in advance where the trial shared some information with us.” whole world to punish these crimes. will take place. “Where and when a trial opens is very dependent on the The paper chase of But universal jurisdiction comes with suspects’ movements, and the will of a signifcant challenges. In some cases, state to initiate prosecution,” explains fnding witnesses prosecuting authorities are unable to Emmanuelle Marchand, Senior Legal enter the states where atrocities were Counsel at Civitas Maxima, a Swiss Because of the diffculty of accessing committed; unstable contexts mean NGO defending victims of war crimes crime scenes, forensic evidence witnesses are hard to fnd and may be and crimes against humanity. “As a is often scarce in universal too afraid to testify; evidence may be result, we gather evidence without jurisdiction cases. Therefore, a case hard to collect. Geographical distance knowing which court will examine is often heavily reliant on witnesses’ places a large fnancial burden on the it, and the rules of admissibility of statements. But both NGOs and investigations. evidence may be widely different.” prosecuting authorities acknowledge the diffculty of identifying and meeting An impossible task? Not quite. with witnesses. Around the world, a constellation of actors is joining forces against the odds to uphold universal jurisdiction.

9 Once again, human connections are Central Offce to fght crimes against for a couple of days. In these cases, the answer: “There is a lot of calling humanity, and war crimes, we work night and day in order to around. You talk to one person, and explains: “When we are looking gather information and prepare a they know somebody who knows for someone, we leave no stone complaint up to standards that are somebody, who tells you ‘my wife’s unturned: we look at bank accounts, necessary to trigger the opening of a cousin’s nephew used to be in that energy or telecommunications bills, criminal investigation,” says Benedict fghting faction’. If you are lucky interrogate hotels and hospitals in De Moerloose, Head of International enough to talk to that person, then case the suspect checked in, search Investigations and Litigation at TRIAL maybe he will be an interesting the database of airplane companies. International. witness,” says Thijs Berger. We knock on every door, because one successful lead is all we need Eric Emeraux agrees that universal According to human rights consultant to get started.” jurisdiction relies on momentum, Hélène Legeay: “Families of victims which is often unpredictable: “A case are often willing to speak, but they Yet even the most organized is like a living thing: it stalls for a only have second-hand information. prosecuting authorities cannot while, then something moves and The story of a direct victim is a lot operate alone. Immigration services, suddenly everything is moving fast! more compelling, unfortunately it is a diasporas, intelligence agencies, and When it happens, you have to be ready lot harder to fnd them and convince – once again – NGOs, are all crucial or you may miss your chance.” them to talk.” channels of information. “We never work alone,” explains Eric Emeraux. In the face of all these diffculties, it Often, the most unlikely sources “We are immersed in a galaxy of is permitted to ask: is it worth all provide the best information. Insiders other actors including NGOs, Europol, the trouble? The answer from the – witnesses who may themselves have Interpol, Eurojust, etc. It’s all about legal world is an unequivocal yes. taken part in the crime – can provide collaboration and trust.” Firstly, because universal jurisdiction valuable information on the internal constitutes the only hope of justice organization of a criminal enterprise. The boom of social networks has for countless victims. And secondly, Thijs Berger is all too aware of that, also revolutionized this task. Joseph because tremendous successes – as he has seen a case crumble like Breham is a French lawyer working unimaginable just a few years ago – a house of cards: “In a case relating on universal jurisdiction cases: have been achieved. And every single to Afghanistan, we lacked insider “One of the suspects of a case case is not only a victory in itself: it witnesses who could make sense of we were working on had posted a also eases the way for many others, a complicated situation. We picture of himself on Facebook, because it reinforces the belief that were able to establish that at least and the background buildings were justice can – and must – triumph. “We two fghting units were present on looking remarkably like Paris. owe it to the victims to do our utmost, the crime scene. And the question We had this picture authenticated to but also to future generations,” was: which unit actually committed check whether he was indeed in the concludes Eric Emeraux. “If impunity the crimes? We could not prove it French capital.” wins today, then sooner or later in court. A crucial connection was conficts will re-emerge and new lacking between the suspect and the atrocities will be committed.” crimes.” Unsurprisingly, insiders A narrow window of willing to collaborate are diffcult to opportunity fnd, since they may end up incriminating themselves. Why is locating the suspect so crucial and delicate? Because in Hunting down the most cases,state authorities can only open a case when a suspect enters suspects themselves their territory. And sometimes, their passage can be limited to a simple In addition to all these investigative transit through an airport: then speed hurdles, there is also the tracking is of essence. For NGOs, there is an of the suspects themselves. The additional hurdle: they do not have increasing permeability of frontiers the power to open a case or arrest has made movements easier and a suspect and must rely on national swifter than ever before for feeing prosecuting authorities to do so. criminals. Locating them can be a needle-in-a-haystack task, as “In some instances, we fnd out that Eric Emeraux, Head of the French a perpetrator will only be in town

10 KEY FINDINGS

149 18% 17 named suspects in more named accused on 15 countries suspects than last trial year

8 2 111 convictions acquittals war crimes charges

90 15 42 crimes against genocide torture humanity charges charges charges

11 Photo credit: Will Baxter/TRIAL International

Cases of 2018

12

The frst applicant, Ruben Amor VICTIMS DEMAND Benedicto Salmerón, is the THE TRUTH ABOUT grandson of the disappeared José Salmerón Céspedes who was forcibly THE FRANCO disappeared, tortured, and executed in 1936 in Tetouan, then part of the DICTATORSHIP Spanish protectorate in Morocco. The applicant demanded the exhumation Rodolfo Martín Villa and others of his grandfather’s remains, which he believes are buried in the European cemetery of Tetouan. Context The second case relates to Gustavo Ongoing proceedings in Argentina Adolfo Muñoz de Bustillo, a 16-year- against former Spanish offcials and old executed on 11 September 1978, other actors of the Franco dictatorship during violent riots in the transitional for alleged serious crimes under period in . Judge María international law committed in Spain Servini de Cubría had frst rejected between 1936 and 1977 the case as it happened after the 1977 However, the Supreme Court elections that ousted Franco. overturned this decision, while Judge Baltasar Garzón was put on Suspects On 22 October 2018, the Spanish trial for prevarication for his alleged National Court (Audiencia Nacional, unfair interpretation of the amnesty Former Spanish offcials and other Sala de lo Penal) denied the request law. He was fnally acquitted but the actors of the Franco dictatorship from the Argentinian judge María remains applicable, and (including González Pacheco, former Servini de Cubría to come to Spain to the crimes committed by the Franco police offcer; Jesús Muñecas Aguilar, hear Rodolfo Martín Villa, as part of dictatorship cannot be investigated or former captain of the Civil Guard; and the international rogatory commission prosecuted in Spain. former government minister, Rodolfo issued in September 2017. The Martín Villa) Spanish judge argued that the crimes are prescribed; and executing the Procedure in Country of residence international rogatory commission Argentina would violate the 1977 amnesty law. of suspects On 14 April 2010, Spanish and On 26 October 2018, Judge María Argentinian human rights Spain Servini de Cubría admitted the organizations fled a criminal complaint fled two years ago by the complaint with the Argentinian Charges NGO Women’s Link Worldwide on investigating judge Servini de Cubría behalf of six women repressed by on behalf of Spanish victims. On 18 the dictatorship. The investigation Crimes against humanity, including September 2013, the Argentinian will examine cases of sexual assault, torture, extrajudicial killings, and judge issued arrest warrants against murder, forced abortion, and the theft enforced disappearances four former offcials of the Franco of children under Franco’s regime. dictatorship (including González Pacheco and Jesús Muñecas Aguilar) Current status Procedure in Spain and requested their extradition in order to stand trial for crimes against Under investigation In December 2006, the Spanish humanity, including acts of torture, investigating judge, Baltasar allegedly committed in Spain between Developments in Garzón, opened an investigation into July 1936 and June 1977. allegations of crimes against humanity 2018 committed during the Franco dictatorship. In October 2008, he ruled On 24 April 2014, the Spanish National On 21 June 2018, the Argentinian that the 1977 Spanish law granting Court (Audiencia Nacional, Sala de lo Federal allowed two victims amnesty for crimes committed during Penal) rejected an extradition request to join the proceedings against former the Franco dictatorship did not apply, issued on 18 September 2013 by Judge Spanish offcials and other actors of owing to the nature of the crimes. Servini de Cubría against González the Franco dictatorship. Pacheco and Jesús Muñecas Aguilar.

13 On 30 October 2014, notwithstanding In June 2017, Judge Servini de Cubría Zoom in the Court’s decision, the Argentinian issued an international arrest warrant investigating judge issued detention against Rodolfo Martín Villa for the Establishing the orders against 20 of the accused in death of fve workers in Vitoria in unconditionality of order to request their extradition to 1976. However, it was annulled by universal jurisdiction Argentina. However, these orders were the Appeals Chamber as unfounded. not executed in Spain, the authorities In July 2017, Judge Servini de Cubría In its judgment, the arguing that the Spanish Amnesty issued a new arrest warrant against Federal Supreme law prevails. Martín Villa for crimes against Court clarifed that the humanity and murder. universal jurisdiction In 2015, the Judge Servini de Cubría principle is not one of sent a second rogatory commission Read more about the case subsidiary application, to the local tribunal of Guadalajara concurrent or limited in Spain, requesting the exhumation to connections between of the corpse of Timoteo Mendieta, the facts and the state a trade unionist who was reportedly that intends to judge it. imprisoned in the Guadalajara Central Prison and executed in 1939. The Federal Supreme It also provided for a DNA test of Court also judged his daughter, Ascensión Mendieta, that the international victim and plaintiff in the case. On qualifcation of a crime 24 November 2015, the Tribunal against humanity of Guadalajara authorized the depends exclusively on exhumation, which started on 19 the verifcation that a January 2016. The exhumation of 22 determined illicit act bodies from a frst mass grave found is committed in the nearby the Guadalajara prison did context of a generalized not allow identifying the remains of or systematic attack Timoteo Mendieta. against a population. It found On 16 March 2016, Women’s link that the crimes could Worldwide, an international women’s occur not only in the organization based in Spain, fled a spatial-temporal complaint calling for the investigation epicenter through into systematic gender-based crimes which the attack committed against women during the extends, but also in its Franco regime. margins.

In August 2016, Judge Servini de Cubría opened an investigation into the death of Spanish poet Federico García Lorca, pursuant to a complaint fled by the Spanish Association for the Recuperation of Historical Memory (Asociación para la Recuperación de la Memoria Histórica).

On 9 June 2017, the remains of Timoteo Mendieta were identifed in a mass grave uncovered nearby the Guadalajara prison. The archaeological team of the Association for the Recovery of Historical Memory (ARMH) has exhumed 28 other victims of the Franco regime.

14 On 28 November 2018, a federal The complaint also denounces his ARGENTINIAN prosecutor formally requested alleged role in the murder of Saudi PROSECUTORS inquiries into whether the allegations journalist Jamal Kashoggi, who was are being investigated elsewhere, killed on 2 October 2018 inside the CONSIDER and into Mohammed bin Salman’s Saudi consulate in Istanbul. Saudi diplomatic status and immunities. On authorities deny any involvement CHARGES AGAINST the same day, the competent federal of the Crown Prince. Turkish and CROWN PRINCE investigating judge sent information US intelligence agencies found the requests to the governments of Saudi murder to have been premeditated Prince Mohammed bin Salman Arabia and Yemen, to the International and ordered by Mohammed bin Criminal Court and to the Argentine Salman himself. Foreign Ministry. Context Current status Preliminary examination in Argentina OTHER PENDING into alleged complicity in war crimes Preliminary examination, pending CASES and torture committed in Saudi Arabia the opening of an offcial judicial investigation • The Paraguayan indigenous Suspect community case: proceedings Facts closed in 2017 Crown prince and deputy prime minister of the Kingdom of Saudi On 25 March 2015, an international Arabia coalition led by Saudi Arabia launched air strikes against the armed group Country of residence of Houthis in Yemen, triggering a major armed confict. For three years, of suspect Yemen has been ravaged by a war that has already killed more than 10,000 Saudi Arabia people, half of whom are .

Mohammed bin Salman was Charges appointed Minister of Defense on 23 January 2015. One of his frst acts War crimes; torture and inhuman was to launch the military campaign treatment in violation of the 1984 in Yemen along with other Arab states. Convention against Torture UN bodies and human rights groups Developments in have denounced the widespread violations of human rights and 2018 humanitarian law committed in Yemen. Alleged violations include On 26 November, the international deliberately targeting civilians, the NGO (HRW) fled use of illegal cluster-munitions, a denunciation with the Argentine indiscriminate airstrikes and a naval Federal Prosecutor in anticipation blockade which deprived civilians of of Mohammed bin Salman’s visit to access to basic necessities. Buenos Aires for the G20 Summit. The submission asks the Argentine The complaint denounces alleged authorities to investigate Mohammed violations of international law bin Salman’s role in war crimes committed during the armed confict allegedly committed by the Saudi-led in Yemen as well as sexual harassment coalition in Yemen, as well as in acts and torture, including electrocution of torture and ill treatment of Saudi and fogging of Saudi citizens. nationals, including the murder of Saudi journalist Jamal Khashoggi.

15 AUSTRIA

these were allegedly intended SUPREME COURT to intimidate the population, to force OVERTURNS the Syrian army to leave the contested area, and to threaten or destroy the JUDGMENT FOR political, constitutional, economic or WAR CRIMES social structures of the Syrian state. IN SYRIA Procedure Name withheld The accused sought asylum in Austria in May 2015. He was subsequently reported to the authorities by refugees, Context whom he had told that he belonged to the Farouq Brigades and that he Ongoing proceedings in Austria for had fought against Syrian President war crimes committed between 2013 Bashar al-Assad. The trial opened and in February 2017 but was adjourned shortly thereafter on medical grounds Suspect after the accused collapsed in court.

Palestinian national, former member On 10 May 2017, the accused was of the Farouq Brigades found guilty on 20 charges of murder as a and sentenced to life imprisonment by a jury in . Country of residence The Defense appealed the conviction, arguing that the court failed to call key of suspect witnesses who could testify to the fact that the defendant had left Syria for Austria Turkey in summer 2013, and that he had not taken part in hostilities from Charges January 2013 until his departure.

Terrorist offences, war crimes of On 12 December 2017, the Supreme murder, and violations of the 1949 Court of Justice overturned the conviction on grounds that the failure to question these witnesses had violated the rights of the defendant, Developments in and remanded the case back to the 2018 regional court.

A retrial was scheduled to begin on 10 December 2018 before the Regional Court of Innsbruck. Current status

Conviction overturned; retrial ongoing Facts

The accused is alleged to have executed at least 20 unarmed and injured Syrian government soldiers in Al Khalidiya and Homs between 2013 and 2014. According to the charges,

16 Darwish (Syrian Center for Media INVESTIGATION and Freedom of Expression), as well OPENS AGAINST as the Center for the Enforcement of Human Rights International (CEHRI) OFFICIALS FROM in .

THE AL-ASSAD Following the submission, the REGIME prosecutor heard one of the complainants and initiated a Names withheld criminal investigation. Current status Context Ongoing investigation Ongoing investigation by the Austrian Prosecutor into international crimes committed by the Syrian Facts intelligence services The investigation concerns crimes against humanity and war crimes Suspects committed by Military Intelligence, Air Force Intelligence and General High-ranking offcials of the Syrian Intelligence, including murder, intelligence services, including Military extermination, torture, serious bodily Intelligence, Air Force Intelligence and harm and deprivation of liberty General Intelligence services between February 2011 and January 2017 in 13 detention centers in Country of residence , Daraa, Hama, and Aleppo. of suspect Read more about the case

Syria Charges

Crimes against humanity and war crimes Developments in 2018

Austrian authorities have initiated an investigation into the Syrian intelligence services after 16 women and men from Syria fled a criminal complaint to the public prosecutor in Vienna in May 2018.

The group of torture survivors – which included an Austrian citizen – fled the complaint together with the European Center for Constitutional and Human Rights (ECCHR), Syrian lawyers Anwar al-Bunni (Syrian Center for Legal Research and Studies) and Mazen

17 BELGIUM

FIVE RWANDANS TO Procedure

STAND TRIAL FOR The frst proceeding involves three GENOCIDE suspects: E.G., accused of genocide and the war crimes of murder and Names withheld rape; E.N., accused of genocide and the war crimes of murder, attempted murder, and rape; and F.N., accused Context of genocide and the war crimes of murder and attempted murder. Upcoming trials in Belgium for The second proceeding involves two genocide and war crimes committed accused: T.K., suspected of having during the 1994 committed genocide and the war crime of murder; and M.B., accused Suspects of genocide and the war crimes of murder and attempted murder. Rwandan nationals Country of residence of suspects

Belgium Charges

Genocide and war crimes Developments in 2018

In December 2018, pre-trial authorities of the Brussels Criminal Court ruled that fve Rwandan nationals, E.G., E.N., F.N., T.K., M.B., are to stand trial for crimes allegedly committed during the 1994 Rwandan genocide. Current status

Detained, awaiting trial Facts

The fve accused allegedly participated in crimes committed in 1994 in in connection with the genocide of and the massacre of moderate .

18 AUTHORITIES ISSUE Developments in OTHER PENDING FIRST INDICTMENT 2018 CASES • : investigation ongoing ON THE 1989 The investigation is still ongoing but LIBERIAN WAR should be completed by early 2019. Martina Johnson Current status Context Under house arrest, indicted

The Martina Johnson case constitutes Facts the frst arrest and indictment for war crimes and crimes against humanity Martina Johnson was allegedly allegedly committed during the frst actively involved in Operation Octopus Liberian civil war (1989–1996). launched by Charles Taylor and his NPFL troops in October 1992. This ’s former president, Charles offensive against the government and Taylor, was sentenced on 30 May the peacekeeping forces was aimed at 2012 to 50 years in prison (confrmed taking over the capital Monrovia and on appeal on 10 December 2013) for resulted in the deaths of hundreds of the crimes he committed during the civilians, many of whom were targeted Sierra Leone civil war in the 1990s. for ethnic reasons. However, he was not prosecuted for the crimes committed in Liberia by his Procedure troops, the National Patriotic Front of Liberia (NPLF). In 2012, three Liberian victims, assisted by the NGOs Civitas Maxima Suspect and its Liberian sister organization the Global Justice and Research A former frontline commander of the Project (GJRP), fled a complaint in NPFL, Liberian Martina Johnson was Belgium against Martina Johnson allegedly Charles Taylor’s chief of for her alleged direct participation in artillery during Operation Octopus in mutilations and mass killings during October 1992. Operation Octopus in October 1992.

Martina Johnson was arrested on 17 Country of residence September 2014 in Gent, Belgium, of suspect based on documentation collected by the two NGOs. Belgium She was released on 4 May 2015 and placed under judicial supervision. Charges Read more about the case Direct involvement in alleged war crimes and crimes against humanity, including mutilation and mass killings

19 FINLAND

WAR CRIMES TRIAL Facts

RAISES TECHNICAL In June 2014, 1,700 unarmed Iraqi CHALLENGES army recruits were arrested at near , , by members The Iraqi twin brothers of the IS. The victims were laid on the ground and shot one by one. The Iraqi twin brothers are alleged to have Context murdered 11 of them.

Ongoing proceedings in Finland Procedure against Iraqi twin brothers for their alleged implication in the Camp The 24-year-old Iraqi twin brothers Speicher massacre near Tikrit, Iraq, in entered Finland in September 2015 as June 2014 asylum seekers. They were arrested by the National Bureau of Investigation Suspect on suspicion of involvement in the Camp Speicher massacre committed on behalf of IS in Iraq. Their trial Iraqi nationals and alleged Islamic started on 13 December 2016 before State (IS) fghters the District Court of Pirkanmaa.

Country of residence On 30 November 2016, they were charged with war crimes, murder, of suspects and assault with terrorist intent. The prosecution sought life imprisonment Finland for the defendants, both of whom had pleaded not guilty to the charges. Charges On 24 May 2017, the District Court of War crimes, murder and aggravated Pirkanmaa acquitted the Iraqi twin assault committed with terrorist intent brothers for lack of evidence. They were granted a compensation for their pre-trial detention. The two accused Developments in were allowed to reside in Finland. The 2018 prosecution appealed this judgment.

The appeal trial started on 11 Read more about the case September 2018 but was postponed until further notice due to arrangements regarding hearings of witnesses in Iraq. The Court of Appeal decided that the main hearings would not be formally opened before these witnesses have been heard, “outside the main hearing”. Current status

Acquitted; on appeal

20 Field notes

“There were many problems with the witnesses’ statements”

“The fact that some witnesses testifed from Iraq raised many problems before the District Court. We had to rely on a video line that was very poor. The statements were diffcult to hear, and the line dropped for hours on end. The Court also found that the anonymity of the witnesses posed a threat to fair trial standards.”

Tom Laitinen, State Prosecutor in Finland

21 an IS militant. The video was uploaded FORMER IRAQI to Ahmed Jabbar Hasan’s Facebook SOLDIER page, along with another video of him SENTENCED FOR posing in front of burning bodies. WAR CRIMES Procedure

Ahmed Jabbar Hasan The investigation was launched in May 2017 after the police had been informed about the video by someone Context who had seen it online. The accused was arrested for three Ongoing proceedings in Finland days at the end of June 2017. He was against an Iraqi soldier for war crimes indicted in July 2018. committed in Iraq, in March 2015 Suspect

Iraqi nationals and former corporal in the Iraqi army Country of residence of suspect

Finland Charges

War crimes of desecrating and violating the of a dead body Developments in 2018

The investigation was ongoing in 2018. On 10 January 2019, a Court in Helsinki sentenced the accused to a 18 month suspended sentenced for war crime, after he was flmed cutting off the head of a dead Islamic State fghter. Current status

Sentenced Facts

In March 2015, during an operation against the Islamic state (IS) near Karma in March 2015, the accused was flmed decapitating the body of

22 FRANCE

ONGOING INVESTIGATIONS against three high-level regime ON SYRIA suspects: Ali Mamluk and Jamil Hassan, also subject to an arrest warrant issued in Germany earlier this year, are both wanted for complicity in crimes against humanity, torture and THREE enforced disappearances. Abdel Salam Mahmoud, in charge of the Air Force INTERNATIONAL Intelligence investigative branch at Mezzeh military airport in Damascus, ARREST WARRANTS a detention site with one of the highest TARGET HIGH- mortality rates in Syria according and enforced disappearances is to the UN’s Commission of Inquiry, ongoing before the French specialized RANKING AL-ASSAD is wanted on war crimes charges unit for the prosecution of genocide, as well as complicity in crimes crimes against humanity, war crimes REGIME OFFICIALS against humanity, torture and and torture within the Paris High enforced disappearances. Court (hereinafter: the specialized The Dabbagh family investigation unit), resulting in the issuance of three international arrest warrants against Current status the high-ranking regime offcers.

Context Judicial investigation ongoing; Read more about the case international arrest warrants issued Ongoing investigation in France for international crimes committed in Syria in 2013 Facts

In November 2013, Patrick Dabbagh Suspects and his father, Mazen Dabbagh, both dual French-Syrian nationals, were Ali Mamluk, director of the National arrested from their home in Damascus Security Bureau; Jamil Hassan, head by Intelligence agents of the Syrian Air Force Intelligence and detained for interrogation at the and Abdel Salam Mahmoud, director Mezzeh investigative branch. Neither of an Air Force Intelligence one has been seen since. investigative branch In summer 2018, the Dabbagh family Country of residence received formal notifcation from the Syrian authorities that Patrick and of suspects Mazen had died. Syria Procedure

Charges On 24 October 2016, a complaint was fled with the Paris High Court Complicity in crimes against humanity, by Obeida Dabbagh, a Syrian-French torture and enforced disappearances; national, on behalf of his brother and war crimes nephew, Mazen and Patrick Dabbagh, both Syrian-French nationals, together with FIDH and LDH. Obeida Developments in Dabbagh alleged that they were 2018 arrested in 2013 in Syria by the Air Force Intelligence Directorate and In October 2018, in an unprecedented detained at the investigative branch in step towards accountability for crimes Mezzeh (Damascus). They have since committed in Syria, French judges disappeared. A judicial investigation issued international arrest warrants into torture, crimes against humanity,

23 French photojournalist Rémi SYRIAN ARMY Ochlik and American war crimes BOMBARDMENT correspondent Marie Colvin were both killed in the attack. Several TARGETING other journalists were injured in the attack, including French journalist JOURNALISTS Edith Bouvier as well as Syrian and IN HOMS British journalists who were using the center as a base to report on The Rémi Ochlik and Edith the events in Homs in early 2012. Bouvier investigations Procedure Context This case was originally opened in 2012 as a homicide case but Ongoing investigation into the was reclassifed in 2014 as a war murder of journalists during an army crimes case. bombardment of a media center in Syria in 2012 The families of Rémi Ochlik and Marie Colvin are civil parties in the case, together with French, Syrian Charges and British journalists injured in the attack, FIDH, and Reporters War crimes without Borders. Developments in Read more about the case 2018

On 9 April 2018, documents fled in a US civil case concerning Marie Colvin’s death were declassifed. They allegedly demonstrate the premeditated nature of the Syrian army bombardment of a media center in Homs that led to the death of American journalist Marie Colvin, French photographer Remi Ochlik, and injuries to several others including Edith Bouvier, Paul Conroy and Wael al Omar. These documents have been fled in the ongoing war crimes investigation underway in France. Current status

Investigation ongoing Facts

On 22 February 2012, a Syrian army bombardment in Baba Amr, Homs, led to the deaths or serious injury of several journalists operating from a media center based there.

24 STRUCTURAL Zoom in INVESTIGATION Starting an investigation BASED ON INSIDER without suspects PHOTOS To investigate crimes under universal jurisdiction, French authorities must be The Caesar investigation able to prove the physical presence (for torture and enforced disappearances) or Developments in the residence (for the Rome Statute crimes) of a suspect in 2018 France.

The Caesar investigation is still Yet a structural investigation ongoing, in collaboration with other on Syria is currently ongoing, European countries, in particular in which the accused were Germany, following the creation initially not identifed. in 2018 of the joint investigative How? France frst based its team between the French and jurisdiction on the possibility German authorities. some perpetrators came to France to claim asylum, Procedure proving de facto their presence in the country. A former photographer, codenamed In 2018, this structural Caesar, with the military police of investigation became part the Syrian regime sought refuge of a joint investigation with in Europe after feeing Syria with Germany (see below). thousands of pictures of dead and abused bodies, attesting to the torture committed in the jails of the regime of Bashar al-Assad.

In September 2015, on the basis of these pictures, the French ministry of requested that the Paris prosecutor of the French specialized unit for the prosecution of genocide, crimes against humanity, war crimes and torture within the Paris High Court (Tribunal de Grande Instance de Paris) open a preliminary investigation into crimes against humanity, war crimes and torture. France has jurisdiction over these alleged crimes if one or more of the victims is French, or if a suspect has established his habitual residence on French territory, or, in the case of the crime of torture, if a suspect is located on French territory. Investigations are ongoing.

25 to Lafarge risking its employees’ FIRST IN FRANCE: Developments in lives and violating a number of basic COMPANY INDICTED 2018 labor rights. FOR CRIMES On 28 June 2018, three investigative Procedure AGAINST HUMANITY judges of the Paris High Court charged the legal entity Lafarge SA In September 2016, the French Lafarge – Eric Olsen and others (now LafargeHolcim) with complicity fnance minister fled a complaint in crimes against humanity, fnancing before the Paris prosecutor against of a terrorist enterprise, breaching an LafargeHolcim for its alleged illegal Context embargo, and endangering the lives of purchase of oil in Syria, despite the others. Lafarge allegedly paid millions EU embargo issued in 2012. The Paris Proceedings against the cement of to ISIS and several armed prosecutor opened an investigation in company Lafarge SA (now groups to keep their cement factory October 2016. LafargeHolcim): on the one hand, running. The investigative judges for fnancing , complicity in ordered LafargeHolcim to hand over On 15 November 2016, 11 former crimes against humanity committed 30 million euros to the authorities as Syrian employees and the human by the Islamic State in Syria (ISIS), and a security deposit ahead of a possible rights groups Sherpa and ECCHR fled deliberate endangerment of people’s trial. a criminal complaint as civil parties in lives; and on the other hand, for illegal Paris against Lafarge, Lafarge Cement Eight former executives were also purchase of oil Syria, and their current and former charged in this case between CEOs, for fnancing of terrorism, December 2017 and May 2018, and complicity in crimes against humanity Suspects were requested to provide the courts committed in Syria and for a series of with a deposit of several million euros. labor rights violations. Current and former directors and top executives of French-Swiss cement Current status On 9 June 2017, three investigative company LafargeHolcim Group judges of the Paris High Court (crimes allegedly committed by the Company as a legal entity and (Tribunal de Grande Instance de French company Lafarge prior to individuals indicted; the judicial Paris) opened an investigation into the its 2015 merger with Swiss-based inquiry is ongoing crimes alleged by the NGOs Sherpa Holcim) and of its subsidiary Lafarge and ECCHR, and 11 former Syrian Cement Syria. The suspects are employees. In September 2017, three French and Norwegian nationals Facts of the victims were heard by one of the investigative judges. Country of residence The 2016 complaint fled by human rights groups Sherpa and the European On 13 October 2017, the plaintiffs’ of suspects Center for Constitutional and Human NGOs fled a motion requesting that Rights (ECCHR), with former Lafarge the investigative judges summon a France and Switzerland (headquarters) Syrian employees, alleged crimes former French minister of foreign committed in Syria between 2013 and affairs and two former ambassadors 2014 in relation to Lafarge’s cement of France to Syria for questioning. Charges factory in Jalabiya, in northern Syria; in an area where several armed groups, On 14 November 2017, the French Financing of a terrorist enterprise, including ISIS, were operating. Lafarge police searched the headquarters complicity in war crimes, complicity in allegedly entered in negotiations with of LafargeHolcim in Paris. At the crimes against humanity, deliberate ISIS to purchase oil and pozzolan same time, the Belgian federal police endangerment of people’s lives, from them, as well as to obtain offcial searched the premises of Groupe exploitative labor practices, forced ISIS passes for crossing checkpoints Bruxelles Lambert (GBL), the second labor, and violation of the EU embargo in order to maintain its production largest shareholder of LafargeHolcim, on oil purchases in the area. Testimonies also point in Brussels.

26 In December 2017, six former CEOs Zoom in and directors of Lafarge and Lafarge Cement Syria were indicted on France leads the way in the charges of fnancing terrorism and fght against corporate crime deliberate endangerment of people’s lives, and some on the additional France amended its law in charge of breaching the EU embargo 2004 (Loi n° 2004-1343 du on Syrian oil – namely: Eric Olsen 9 mars 2004) allowing the and Bruno Lafont, former CEOs of prosecution of companies Lafarge; Bruno Pescheux, CEO of the for all crimes entailed in its Lafarge Syrian subsidiary between Criminal Code – including 2008 and 2014; and his successor, for their activities abroad. Frédéric Jolibois; Jean-Claude Veillard, Lafarge’s director of security; The condition is that a and Christian Herrault, vice director physical representative of at Lafarge. In March and May 2018, the company must have Lafarge’s human resources executive committed the crime (in the Sonia Artinian and former safety present case Eric Olsen and director at LCS, Jacob Waerness, were his associates) in order to indicted on similar charges. prosecute the corporation as a moral person. In June 2018, Lafarge as a legal entity was charged in this case (see above).

Read more about the case

27 FRANCE REVOKES Current status Zoom in Why must Ahmed REFUGEE Detained; under investigation Hamdane El Aswadi be STATUS OF MASS judged in France? Facts MASSACRE France granted refugee SUSPECT Ahmed Hamdane El Aswadi is status to Ahmed suspected of having participated in Hamdane El Aswadi Ahmed Hamdane El Aswadi the June 2014 massacre of Camp in 2017. It revoked this Speicher, a military base near status following the Tikrit, where armed men abducted war crimes allegations, Context and executed hundreds of young yet still recognized the army recruits, mainly Shiites, threats the accused Ongoing investigation in France for killing up to 1,700 people. Based on would be exposed to if war crimes and murder committed testimony from other suspects, the he returned to Iraq. in Iraq in 2014 Iraqi authorities claim that Ahmed Hamdane El Aswadi personally Subsequently, executed 103 soldiers. The accused pursuant to the 1951 Suspect denies all involvement in the Geneva Convention alleged crimes. on Refugees, Ahmed Iraqi national and suspected member Hamdane El Aswadi of Islamic State (IS) The accused arrived in France during could not be sent back the summer of 2016. He was granted there to face trial. Country of residence the refugee status in June 2017. The only remaining This protection was removed after option was to judge of suspect his arrest. him in France. France Procedure

Charges In the summer of 2017, the French intelligence services identifed Inhuman and degrading treatment Ahmed Hamdane El Aswadi as an as war crimes and violations of the alleged IS member and reported his 1949 Geneva Conventions; terrorist presence to the judicial authorities. conspiracy and murders linked to a terrorist group In November 2017, the offce of the prosecutor of the French specialized unit for the prosecution of genocide, Developments in crimes against humanity, war 2018 crimes and torture within the Paris High Court (hereinafter “the On 6 March 2018, Ahmed Hamdane specialized unit”) requested the El Aswadi was arrested in Lisieux, opening of an investigation against Normandy. After two days in Ahmed Hamdane El Aswadi. He is custody, he was indicted for criminal accused of having participated in the conspiracy, murder in connection massacre of Camp Speicher in June with a terrorist enterprise, and war 2014. He denies any involvement in crimes of inhuman and degrading the events. This is the frst case to treatment and of using prohibited be investigated jointly by the anti- means and methods of warfare. He terrorism and the specialized unit. was subsequently placed in pre-trial detention. Read more about the case

28 On 24 November 2018, the Argentine were known to the coalition; and the SAUDI CROWN authorities received a complaint from bombing of a funeral hall in Sana’a PRINCE UNDER Human Rights Watch for his alleged on 8 October 2016, which resulted in responsibility in war crimes committed dozens of civilian casualties. INVESTIGATION in Yemen, as well as alleged torture against Saudi citizens. Mohammed Prince Mohammed bin Salman bin Salman arrived in Buenos Aires for the G20 Summit on 28 Context November 2018.

Ongoing investigation in France Current status for torture and inhuman treatment committed during the Yemen war Under investigation Suspect Facts

Crown prince and deputy prime On 25 March 2015, an international minister of the Kingdom of coalition led by Saudi Arabia launched Saudi Arabia air strikes against the armed group of Houthis in Yemen, triggering a major armed confict. For three years now, Country of residence Yemen has been ravaged by a war that has already killed more than 10,000 of suspect people, half of whom are civilians.

Saudi Arabia Mohammed bin Salman was appointed Minister of Defense on 23 Charges January 2015. One of his frst acts was to launch the military campaign Torture and inhuman treatment in Yemen along with other Arab states.

UN bodies and human rights groups Developments in have denounced the widespread 2018 violations of human rights and humanitarian law committed in Yemen. Alleged violations include On 9 April 2018, while Mohammed deliberately targeting civilians, the bin Salman was in France on a use of illegal cluster-munitions, personal visit, the Yemeni human indiscriminate airstrikes and a naval rights group Legal Center for Rights blockade that deprived civilians of and Development (LCRD) lodged a access to basic necessities. complaint against him with the French specialized unit for the prosecution of The complaint alleges that certain genocide, crimes against humanity, attacks on civilian targets constitute war crimes and torture within the violations of the 1984 Convention Paris High Court (hereinafter “the against Torture. These include the specialized unit”). The complaint destruction of an warehouse alleges that Mohammed bin Salman containing humanitarian supplies bears complicity in acts of torture on 18 April 2015; airstrikes on a and inhuman treatment committed wedding ceremony on 28 September by Saudi forces in Yemen since 2015. 2015, which killed 131 civilians; the A judge should be designated to 26 October 2015 attack on an MSF investigate the case. hospital, the GPS coordinates of which

29 took command of the rebel army, the INVESTIGATION “Libyan national army” (LNA). OPEN ON BENGAZHY During the spring 2014, Khalifa SIEGE Haftar and the LNA launched the “Operation Dignity” to take over the Khalifa Haftar city of Benghazy.

Khalifa Haftar is accused of having Context ordered, in October 2014, the attack of a family in Benghazy. One of the family Ongoing proceedings in France for members was allegedly arbitrarily torture allegedly committed in Libya arrested and tortured for three weeks. between 2016 and 2017 Between 2016 and March 2017, the LNA is suspected of having committed Suspect crimes while occupying the city of Benghazy. Khalifa Haftar is accused Commander-in-chief of the Libyan of having launched a campaign of National Army (LNA) indiscriminate shelling, murders, and forced disappearances against Country of residence Al-Laitti, Bu-Atni and Ganfouda neighborhoods, where many civilians of suspect had found refuge. Libya Procedure

Charges On 18 April 2018, a frst complaint was fled against Khalifa Haftar before the Torture and acts of barbarism specialized unit for acts of torture. The victim alleges that his family was Developments in killed during “Operation Dignity” in Benghazi. He also denounces that he 2018 was arbitrarily detained and tortured for three weeks. While Khalifa Haftar was in France for medical reasons, two complaints for On 26 April 2018, Ali Hamza, a acts of torture were fled respectively Lebanese-Canadian citizen residing on 18 and 26 April 2018 against him in Canada, launched a complaint to to the French specialized unit for the Prosecutor of the specialized unit the prosecution of genocide, crimes for acts of torture and barbarity. He against humanity, war crimes and alleges crimes committed by the ANL torture, within the Paris High Court during the siege of Benghazi between (hereinafter “the specialized unit”). 2016 and March 2017, during which The investigation is ongoing. his mother and four of his brothers and sisters lost their lives.

Current status Khalifa Haftar returned to Libya following the fling of the complaints. Under investigation Read more about the case Facts

In 2011, Khalifa Haftar joined the Libyan insurgency against the regime of Muammar Gaddaf and

30 On 4 September 2018, he was arrested Field notes A EUROPEAN by the OCLCH agency – the French COLLABORATION: police unit specialized in investigating “Fear has changed war crimes, crimes against humanity, sides” SWISS NGO SEEKS genocide, and torture. Kunti K. was remanded in custody. “Universal jurisdiction A WARLORD’S cases have had a huge PROSECUTION He is suspected of torture, murder, impact in Liberia. For , using child soldiers, and years, any prosecution IN FRANCE cannibalism committed between was not possible, 1993 and 1997, in Liberia during the Kunti K. victims could see civil war. former war lords being nominated in Current status the government. Now Context they know that there is another option, that Indicted: remanded in custody Ongoing proceedings in France for a breakthrough is serious crimes under international possible. It triggered law allegedly committed in Liberia Facts something in the between 1993 and 1997 population: every day Kunti K. allegedly committed crimes on the radio, people Suspect against humanity between 1993 and are calling for war 1997 as commander of the ULIMO, crimes trials. Fear during the frst Liberian civil war has changed sides: Alleged commander in the United (1989–1996). it used to be on the Liberation Movement for Democracy in victims’ side, now it’s Liberia (ULIMO), a rebel group fghting In his capacity as ULIMO commander, on the perpetrators’.” against Charles Taylor’s National Kunti K. allegedly committed murder, Patriotic Front of Liberia (NPFL) enslavement, torture, cannibalism, Emmanuelle and used child soldiers. Marchand, Senior Country of residence Legal Counsel for the of suspect Read more about the case NGO Civitas Maxima

The Netherlands Charges

Crimes against humanity, including torture, use of child soldiers, murders, cannibalism Developments in 2018

On 23 July 2018, the Swiss NGO Civitas Maxima launched a complaint in the name of Liberian victims before the French specialized unit for the prosecution of genocide, crimes against humanity, war crimes and torture, within the Paris High Court (hereinafter “the specialized unit”).

31 a company) accused by a witness, IS SELLING SPYING Current status or when there is some evidence DEVICE TO AL- that a person may have been Under investigation complicit, as a perpetrator or an ASSAD’S REGIME accomplice in committing the crimes COMPLICITY IN Facts under investigation. TORTURE? The brutal crackdown led by the In July 2015, fve Syrian victims Syrian regime against civilians since testifed anonymously as witnesses in QOSMOS March 2011 has led to more than the case. All fve witnesses had been 400,000 deaths, mainly of civilians, identifed, arrested, and tortured by the as well as innumerable arbitrary Syrian regime following surveillance Context detentions, enforced disappearances, of their electronic communications. and cases of systematic torture in They described in detail the Ongoing proceedings before the detention centers. In the early years they suffered in detention. For security French specialized unit for the of the confict, the Bashar al-Assad reasons, they were not able to act as prosecution of genocide, crimes regime specifcally targeted human civil parties in the case (because this against humanity, war crimes and rights defenders, activists and cyber- would have required them disclosing torture, within the Paris High Court activists. Identifying and tracking their identities). (hereinafter “the specialized unit”), for these targets was possible thanks allegedly aiding and abetting crimes of to sophisticated communication Read more about the case torture committed in Syria since 2011 surveillance tools, including, it is believed, technology designed by French technology company, Suspects QOSMOS. The company specializes in developing tools designed to analyze French companies, including digital data in real time, enabling QOSMOS, and their management, intelligence services to intercept as accomplices to acts of torture live electronic communications by identifying specifc key words, and Country of residence to thus target and repress dissident of suspects voices.

France Procedure On 22 July 2012, FIDH and LDH fled Charges a request with the Paris Prosecutor (Tribunal de Grand Instance de Paris) Aiding and abetting acts of torture to open an investigation into the by allegedly supplying surveillance possible supply by French companies, material to the Bashar al-Assad including QOSMOS, of surveillance regime in Syria material to the Syrian regime. Developments in On 11 April 2014, the case was transferred to the specialized unit and 2018 a judicial investigation into the alleged role of QOSMOS in aiding and abetting In January 2018, the investigative acts of torture in Syria was opened. judge in charge of the case notifed his intention to close the investigation. In April 2015, after being questioned Shortly afterwards, FIDH and LDH by the investigative judge, QOSMOS fled a brief requesting the audition was attributed the status of “assisted of a witness, which was accepted by witness”. This status, which can be the judge. used prior to a formal indictment, may be applied to any person (including

32 On 18 March 2014, he fled a notice RWANDAN TRIALS IN FRANCE Current status of appeal. His sentence was upheld on appeal on 3 December 2016. The Sentenced to 25 years, confrmed on appeal hearings took place from 24 appeal; defnitively sentenced October to 3 December 2016. On 3 DEFINITIVE December 2016, the French Criminal Facts Court (Cour d’Assises de Bobigny) SENTENCE FOR THE confrmed the verdict on appeal FORMER HEAD OF who allegedly and upheld his sentence of 25 years supplied weapons and other material imprisonment for genocide and INTELLIGENCE to offcers or militia, was said complicity in crimes against humanity. Pascal Simbikangwa to be responsible for roadblocks in His defense lawyers appealed to the the capital and to have instructed and Supreme Court (Cour de Cassation). encouraged militiamen to actively participate in the crimes. On 28 On 24 May 2018, the Criminal Chamber Context October 2008, he was arrested by of the French Supreme Court (Cour French Police in for traffcking de Cassation) rejected the appeal, The Pascal Simbikangwa trial was fake identity cards, under the false confrming Simbikangwa’s conviction the frst trial to take place in France identity of “Safari Senyamuhara”. His and sentence. involving a Rwandan citizen for their correct identity was discovered during role in the 1994 genocide in Rwanda. his detention. Read more about the case Suspect Procedure

Head of the Service Centrale des On 13 February 2009, the “Collectif Renseignements (SCR), the Central des Parties Civiles pour le Rwanda” Intelligence Service in Rwanda (CPCR) fled a criminal complaint in Mayotte. Country of residence On 1 March 2013, the Offce of the of suspect Prosecutor of the French specialized unit for the prosecution of genocide, France crimes against humanity, war crimes and torture within the Paris Tribunal (hereinafter “the specialized unit”) Charges requested the indictment of Pascal Simbikangwa for aiding and abetting Genocide, aiding and abetting genocide, and aiding and abetting genocide, and aiding and abetting crimes against humanity committed in crimes against humanity Rwanda between April and July 1994.

Developments in He was indicted for these crimes on 2018 29 March 2013. Pascal Simbikangwa’s trial opened On 24 May 2018, the French Supreme on 4 February 2014 before the Paris Court (Cour de Cassation) rejected his Criminal Court (Cour d’Assises). The appeal, thus defnitively confrming his prosecutor requested a life sentence. conviction for genocide and complicity to crimes against humanity, and 25- On 14 March 2014, the Court sentenced year prison sentence. Pascal Simbikangwa to 25 years’ imprisonment for his participation in the genocide, and for aiding and abetting crimes against humanity.

33 Court (Cour de Cassation) dismissed LIFE SENTENCE Facts the appeal on 7 January 2015. CONFIRMED Octavien Ngenzi was the mayor of The trial before the Paris Criminal AGAINST TWO the Kabarondo district in eastern Trial Court opened on 10 May 2016 Rwanda and the local leader of a and lasted eight weeks, concluding on MAYORS former political party called the 6 July 2016 with the conviction of both National Republican Movement for Octavien Ngenzi and Tito Barahira Octavien Ngenzi and Tito Barahira for Development and Democracy (MNRD). genocide and crimes against humanity. Tito Barahira was a former mayor of They were found guilty of overseeing the same district and the chairman the systematic practice of summary Context of the MRND at the commune level. executions of ethnic Tutsis. Both were Octavien Ngenzi and Tito Barahira sentenced to life imprisonment. The case against Octavien Ngenzi were convicted of participating in and Tito Barahira is the second trial the massacre of hundreds of Tutsis, On 7 July 2016, their lawyers in France to have resulted in the including those who had sought announced their intention to appeal conviction of Rwandan nationals for refuge in a church in Kabarondo on 13 the conviction. their involvement in the 1994 genocide April 1994. in Rwanda. The appeal trial took place between 2 Procedure May and 6 July 2018 before the Paris Suspects Criminal Court (Cour d’Assises). On 2 June 2010, the “Collectif des The defendants’ convictions and life Former Rwandan mayors Parties Civiles pour le Rwanda” sentences were confrmed on appeal. (CPCR) fled a complaint against They have both appealed to the French Octavien Ngenzi with the Offce of the Supreme Court (Cour de Cassation). Country of residence Prosecutor at the Mamoudzou High of suspects Court (Tribunal de Grande Instance Read more about the case de Mamoudzou, Mayotte). On 4 June France 2010, Octavien Ngenzi was arrested and detained in Mayotte.

Charges In October 2010, Tito Barahira was indicted by the National Public Genocide and crimes against humanity Prosecution Authority (NPPA) in Rwanda for his alleged participation Developments in in the genocide and for alleged incitement to commit genocide. 2018 Pursuant to an arrest warrant issued in Rwanda, he was arrested on 3 April On 2 May 2018, their appeal trial 2013 in Toulouse, France. However, opened before the Criminal Court in the French authorities denied the Paris (Cour d’Assises de Paris). Rwandan extradition request, and the two cases were combined on 16 On 6 July 2018, the Appeal Court July 2013. Fourteen civil parties have confrmed their convictions and life joined the case. sentences issued at frst instance. Both defendants have appealed to On 13 May 2014, the Offce of the the French Supreme Court (Cour Prosecutor of the High Court of Paris de Cassation). (Tribunal de Grande Instance de Paris) sought the prosecution of Octavien Ngenzi and Tito Barahira before the Current status Paris Criminal Trial Court. On 28 May 2014, the investigating judge referred Sentenced to life imprisonment; their case to the Paris Criminal Trial confrmed on appeal; last Court. The defendants appealed this recourse ongoing decision but the French Supreme

34 Nyamishaba school (Kibuye district) Claude Muhayimana is also accused FINAL HEARINGS IN in April 1994, and in the massacres of of taking part in the massacres at EIGHT-YEAR-LONG civilians who had found refuge in the Kiguye Church and the Gatwaro Karongi, Gitwa and Bisesero, between stadium the following day, where PROCEDURE April and June 1994. thousands of people were killed. However, the prosecutor called for Claude Muhayimana He is also accused of participating the dismissal of the accusations in killings carried out in the Kibuye with regard to these two events as church on 17 April 1994 and in a Claude Muhayimana presented an Context stadium the following day. Both alibi, proving he was not there during massacres resulted in the death of the events. Ongoing proceedings in France for thousands of victims. crimes allegedly committed during Read more about the case the 1994 Rwandan genocide Procedure

Suspect On 13 December 2011, the Rwandan judicial authorities issued an Naturalized French national originally international arrest warrant against from Rwanda Claude Muhayimana for his alleged participation in the Rwandan genocide. In addition, the Rwandan authorities Country of residence requested his extradition from France. of suspect On 26 February 2014, the French France Supreme Court (Cour de Cassation) ruled that Claude Muhayimana could not be extradited because Rwanda’s Charges request was based on laws passed after the alleged crimes took place. Complicity in crimes against humanity and genocide On 9 April 2014, Claude Muhayimana was arrested in Rouen following a Developments in complaint fled in June 2013 by the “Collectif des Parties Civiles pour 2018 le Rwanda” (CPCR). A criminal investigation was launched regarding The appeal hearings against the his alleged role in the genocide referral decision took place on 18 committed in the district of Kibuye. October 2018 before the Investigation Claude Muhayimana was placed in Chamber of the Court of Appeal in pre-trial detention. On 3 April 2015, Paris (Chambre de l’instruction de la he was released and placed under Cour d’Appel de Paris). The judgment judicial control. will be delivered on 29 March 2019. On 9 November 2017, the investigative judge referred the case to the Current status Paris Criminal Trial Court (Cour d’Assises de Paris) for complicity Pending trial in genocide and crimes against humanity through aiding and abetting. Facts Claude Muhayimana will be judged for his alleged participation in the Claude Muhayimana is alleged to have Nyamishaba school attack, as well as driven Hutu militias to several attack for the massacres of Karongi, Gitwa locations, while he was the driver and Bisesero, between April and for the Kibuye Guesthouse. He was June 1994. The accused appealed the allegedly involved in the attack on the referral decision.

35 murders. After the genocide, Philippe GENOCIDE FUGITIVE Hategekimana fed to France where ARRESTED IN he obtained citizenship. CAMEROON Procedure Philippe Hategekimana In June 2015, the “Collectif des Parties Civiles pour le Rwanda” (CPCR) Context fled a complaint against Philippe Hategekimana before the Paris High Ongoing proceedings in France for Court (Tribunal de grande instance crimes allegedly committed during de Paris). The CPCR alleged he was the 1994 Rwandan genocide involved in committing atrocities during the Rwandan genocide in 1994. In September 2015, an investigation Suspect was opened.

Former police offcer; dual French and The investigating judge from the Rwandese citizenship French specialized unit for the prosecution of genocide, crimes against humanity, war crimes and Country of residence torture, within the Paris High Court of suspect (herein after “the specialized unit”), issued an international arrest warrant. France Read more about the case Charges

Genocide Developments in 2018

He was arrested in Yaoundé, Cameroon, on 30 March 2018. France has requested his extradition for the purpose of trying him before a French court. Current status

Detained; awaiting extradition Facts

Philippe Hategekimana is suspected of having participated in the genocide against Tutsis in Rwanda 1994. He was allegedly involved in multiple atrocities in Nyanza and the surrounding villages in April 1994. He is accused of having assassinated a Tutsi mayor and of having participated in several mass

36 In parallel, Wenceslas Munyeshyaka LAST CHANCE OF Facts was tried in absentia in Rwanda and JUSTICE FOR A sentenced to life imprisonment in Wenceslas Munyeshyaka was the 2006. PRIEST’S VICTIMS former head of the Sainte-Famille parish in . He is accused of Proceedings resumed when the case Wenceslas Munyeshyaka being involved in the mass executions was transferred in January 2012 to that took place on 17 and 22 April 1994 the French specialized unit for the in the Sainte-Famille parish. He is prosecution of genocide, crimes Context suspected of repeatedly participating against humanity, war crimes and in the selection of Tutsi refugees to torture within the Paris High Court Pending proceedings in France be murdered, of leaving them to die of (hereinafter “the specialized unit”). against a Rwandan priest for crimes thirst, of reporting to the authorities committed during the 1994 genocide those who tried to help them, and of On 19 August 2015, the prosecutor in Rwanda raping several women. After leaving of the specialized unit requested Rwanda, he became a priest in France. a dismissal of the case against Suspect Wenceslas Munyeshyaka. On 2 Procedure before October 2015, the investigative judges dismissed the proceedings against Former head of the Sainte-Famille the International him. The civil parties appealed this parish in Kigali Criminal Tribunal for decision. Country of residence Rwanda On 8 November 2017, the Investigation Chamber of the Court of Appeal in of suspect On 20 July 2005, the International Paris postponed the appeal hearing Criminal Tribunal for Rwanda (ICTR) to 31 January 2018, following the France indicted Wenceslas Munyeshyaka for dismissal of the case on 2 October genocide and crimes against humanity 2015 by the investigative judges, in Charges including rape, extermination and order to review the petitions submitted murder. In 2007, the ICTR issued by the civil parties. Complicity in genocide, crimes against an arrest warrant requesting that On 22 June 2018, the Investigation humanity and torture the French government arrest him. Finally, on 20 November 2007, the Chamber of the Court of Appeal in ICTR referred the case to the French Paris issued a decision upholding the Developments in authorities. dismissal of the case. The civil parties have appealed against this decision to 2018 the French Supreme Court (Cour de Procedure in France Cassation). Following a hearing in January 2018, on 21 June 2018, the Investigation On 12 July 1995, a complaint was Read more about the case Chamber of the Court of Appeal in fled against Wenceslas Munyeshyaka Paris (Chambre de l’instruction de by several French associations (the la Cour d’Appel de Paris) confrmed “Collectif des Parties Civiles pour le the dismissal of the case against Rwanda”, Survie, LICRA), as well as Wenceslas Munyeshyaka. individual plaintiffs. On 25 July 1995, an investigation was opened into The civil parties appealed against the genocide, crimes against humanity, dismissal of the case to the French and torture. The FIDH and its French Supreme Court (Cour de Cassation). member organization, the Ligue des Droits de l’Homme (LDH), joined the Current status case as civil parties in 2005.

Case dismissed; last recourse ongoing On 8 June 2004, almost 10 years after the investigation opened, the European Court of Human Rights condemned France for exceeding reasonable time requirements.

37 Field notes

“Genocide was not criminalized in Rwanda”

“France has many cases relating to the Rwandan genocide. In the fve years my Offce has existed, we have worked mostly on those cases. France does not extradite Rwandan nationals because genocide was not criminalized at the time. Instead, it opens trials in its own courts – in a way, doing the job for the Rwandan authorities.”

Eric Emeraux, Head of the French Central Offce to fght crimes against humanity, genocides and war crimes

38 May 2000. He was released on 20 TWO MORE Current status December 2000. UPCOMING Pending trial He was arrested again on 5 September GENOCIDE TRIALS 2007 and placed under judicial Facts supervision after the issuance of Laurent Bucyibaruta an arrest warrant by the ICTR in Laurent Bucyibaruta, as prefect of August 2007. Gikonrogo, allegedly delivered public Context speeches urging the Hutu population On 9 May 2017, the investigating judge to attack and kill the Tutsis on many within the Paris High Court informed the parties that he had completed his Pending proceedings in France occasions between December 1993 investigation. against a Rwandan prefect for crimes and April 1994. committed during the 1994 genocide On 4 October 2018, the prosecutor in Rwanda He is also accused of having ordered massacres of Tutsis and moderate issued its fnal submission Hutus in various locations in the (requisitions), requesting that Suspect Gikongoro Prefecture. Bucyibaruta be sent to criminal trial on charges of genocide and crimes Former Gikongoro prefect and head Laurent Bucyibaruta is also accused of against humanity. of the prefectural committee of having ordered the rape and murder of the movement (the women and girls in various locations. Read more about the case youth organization of the National Republican Movement for Democracy and Development – NRMD) Procedure before the International Sosthène Munyemana Country of residence Criminal Tribunal of suspect for Rwanda Context

France The International Criminal Tribunal Pending proceedings in France for Rwanda (ICTR) indicted Laurent for serious international crimes Charges Bucyibaruta on 16 June 2005 for committed during the 1994 genocide , genocide, in Rwanda Genocide and crimes against humanity and complicity in genocide, as well as crimes against humanity, including Suspect Developments in extermination, murder, and rape. Gynecologist at the University Hospital 2018 In August 2007, the ICTR issued an of Butare arrest warrant requesting that the French government detain him. On 4 October 2018, the prosecutor Finally, on 20 November 2007, the Country of residence issued its fnal submission ICTR referred the case to the French (requisitions) requesting that Laurent of suspect authorities. Bucyibaruta be sent to criminal trial on charges of genocide and crimes France against humanity. On 24 December Procedure in France 2018, an investigative judge referred Charges the case to the Paris Criminal Trial On 5 January 2000, the FIDH and Court (Cour d’Assises de Paris) for its member organization in France, Genocide and crime against humanity complicity in genocide and crimes the Ligue des Droits de l’Homme against humanity. Laurent Bucyibaruta (LDH), lodged a complaint against will be judged for his alleged complicity Laurent Bucyibaruta for his alleged in massive and systematic executions participation in the genocide of 1994. of civilians. The Offce of the Prosecutor of Troyes questioned and detained him on 30

39 Chamber of the Bordeaux Court of Developments in Appeal denied this request. 2018 In October 2008, Sosthène Munyemana On 11 May 2018, the prosecutor of was found guilty in absentia by the the French specialized unit for the Butare’s . He was prosecution of genocide, crimes sentenced to life imprisonment. against humanity, war crimes and torture within the Paris High Court On 14 December 2011, Sosthène (hereinafter “the specialized unit”), Munyemana was indicted in the issued his fnal submission. He alleged French proceedings and placed under that Sosthène Munyemana organized judicial supervision. a hunt against Tutsis, detained some On 9 May 2017, the investigating judge of them in inhumane conditions, and within the Paris High Court informed sent them to killing sites. the parties that he had completed On 13 June 2018, FIDH, jointly with his investigation. LDH and CPCR, fled their fnal On 13 June 2018, FIDH, jointly with submission as civil parties, requesting LDH and CPCR, fled their fnal that Sosthène Munyemana be sent submission as civil parties, requesting to trial. that Sosthène Munyemana be sent Current status to trial. Read more about the case Investigation closed; pending trial

Facts OTHER ONGOING On 17 April 1994, in a public speech, CASES Sosthène Munyemana allegedly incited Hutus to exterminate the Tutsi • The Guantanamo torture case: community of Tumba. From 21 April investigation ongoing 1994, he is also accused of taking part in several massacres of Tutsis in and • Teodorin Obiang: appeal ongoing around Tumba. He is reported to have distributed ammunition and compiled • AMESYS and Nexa Technologies lists of Tutsis to be eliminated. He cases: investigation ongoing allegedly led the night patrols and specifed who should be abducted. • Norbert Dabira: investigation ongoing

Procedure • Mauritanian complaint: case dismissed On 18 October 1995, the “Collectif Girondin pour le Rwanda”, the • Laurent Serubuga: investigation FIDH and the NGO Survie lodged ongoing a criminal complaint against Sosthène Munyemana for his alleged participation in genocide. In 2001, the “Collectif des Parties Civiles pour le Rwanda” (CPCR) joined the proceedings as a civil party.

In 2006, Rwanda requested his extradition from France. However, on 7 October 2010, the Investigation

40 GERMANY

STRUCTURAL Facts

INVESTIGATIONS The investigation focuses on AGAINST international crimes committed by the Syrian regime since 2011, THE SYRIAN including crimes committed by four Syrian intelligence services. In the GOVERNMENT context of the Syrian uprising, the intelligence services allegedly played the key role in counteracting the civil Context movement by persecuting organizers and participants of demonstrations, Ongoing structural investigation of the arresting and detaining persons German Federal Public Prosecutor perceived as a threat to the regime, criminal complaint against six high- into crimes under international law and interrogating them under level offcials of the Syrian Military allegedly committed by the Syrian torture. For these purposes, the Intelligence Directorate with the government and related institutions intelligence services operate Offce of the German Federal Public since 2011 numerous branches and detention Prosecutor. The complaint addresses facilities across the country. The crimes against humanity and war crimes committed in those detention crimes committed in detention Suspects facilities include systematic torture, centers controlled by the Syrian sexual violence, inhuman treatment, Military Intelligence Directorate, Unknown killings, and exposure to inhuman in particular in the Branches 235, prison conditions. 215, and 227. The high-ranking Country of residence offcials are suspected of bearing Procedure criminal responsibility as superior of suspects commanders, indirect perpetrators of or accomplices in unlawful arrests, In September 2011, the German Syria and others detention, torture, sexual violence, Federal Prosecutor opened a and other inhuman acts committed structural investigation into war in the detention facilities of those Charges crimes and crimes against humanity branches between May 2011 and committed in Syria since 2011. This July 2015. At the beginning of May Crimes against humanity and investigation is aimed at gathering 2017, the complainants were heard by war crimes evidence of crimes committed by the prosecutor. the Syrian government, and was particularly advanced by the release On 21 September 2017, the Caesar Developments in of photographs taken by the former File Support Group, together with employee of the Syrian military police, 2018 ECCHR, fled a criminal complaint codenamed ‘Caesar’. He handed over with the Offce of the German Federal more than 53,000 photographs taken The Offce of the German Federal Public Public Prosecutor against senior in Syria between May 2011 and August Prosecutor continued to hear witness offcials of the Syrian intelligence 2013, showing over 6,000 corpses testimonies and to receive evidence in services and the military police, for of detainees with visible marks of form of documents, pictures, videos, crimes against humanity and war torture and inhuman treatment. The etc. Out of the structural investigation, crimes committed in Syrian detention structural investigation has resulted once there is suffcient evidence facilities; complementing the thus far in investigations against at against individual suspects, person- evidence provided in the complaint of least 10 individuals involved in crimes specifc investigation is initiated. 1 March 2017. A representative of the committed by the Syrian government. Caesar File Support Group provided the prosecutor with a set of high- Current status On 1 March 2017, the European Center resolution images of deceased and for Constitutional and Human Rights tortured detainees. Ongoing investigation (ECCHR) together with seven Syrian victims, the Syrian Center for Legal Researches and Studies (SCLRS), and the Syrian Center for Media and Freedom of Expression (SCM), fled a

41 On 6 November 2017, 11 Syrian torture Zoom in victims, supported by ECCHR, SCLSR and SCM, fled two more criminal France and Germany join complaints with the Offce of the forces against impunity German Federal Public Prosecutor. in Syria The complaints denounce crimes against humanity and war crimes France and Germany are allegedly committed in various conducting a structural detention facilities of fve branches of investigation on war crimes the Air Force Intelligence Directorate and crimes against humanity in Damascus, Aleppo and Hama, as by armed groups and Syrian well as in the Saydnaya military prison. offcials. The recent cross- border arrest warrants The complaints target high-ranking against the very top of offcials of the National Security al-Assad’s regime are frst Offce and Air Force Intelligence victories and a new hope Directorate, among them the head of for justice and accountability the Air Force Intelligence Directorate, for victims. Jamil Hassan, as well as high-ranking Syrian military offcials. These milestones demonstrate that In June 2018, a person-specifc extraterritorial justice has investigation against Jamil Hassan, an essential role to play in head of the Syrian Air Force Intelligence pursuing those responsible Directorate, by the German Federal for the gravest crimes Prosecutor resulted in an arrest perpetrated against civilians warrant announced by the German in Syria since March 2011. Federal Court of Justice. The suspect It is now clear that is accused of having committed war perpetrators, regardless of crimes and crimes against humanity. their rank, will face justice. Jamil Hassan, Ali Mamluk Read more about the case and Abdel Salam Faraj Mahmoud will not be able to travel freely anymore. The three arrest warrants create an obligation on other states to extradite the accused to France or, in the case of Jamil Hassan, France or Germany.

42 In October 2018, French judges also PROSECUTING issued an arrest warrant against MASS ABUSE IN Jamil Hassan, as well as Ali Mamluk SYRIAN DETENTION and Abdel Salam Mahmoud. FACILITIES Current status Jamil Hassan Under investigation; arrest warrant is in force Context Facts Ongoing person-specifc investigation The Syrian Air Force Intelligence by the German Federal Public Directorate is regarded as the most Prosecutor for war crimes and crimes powerful and most brutal of Syria’s against humanity committed in Syria four intelligence services. Similar between 2011 and 2013 to other intelligence services, since 2011, the Air Force Intelligence Suspect Directorate is tasked with the surveillance, arrest, detention, and Jamil Hassan, head of the Syrian Air killing of all regime critics. For these Force Intelligence Directorate purposes, the intelligence agency has numerous detention facilities across Syria, which are reported to be centers Country of residence of systematic torture, sexual violence, of suspect and inhuman treatment of detainees. The inhuman conditions of detention, Syria involving extreme hunger and an almost complete lack of medical care in the detention centers, allegedly Charges resulted in critical medical states and deaths of detainees. Crimes against humanity and war crimes Jamil Hassan has headed the Air Force Intelligence Directorate since Developments in 2009. Under his direct supervision, hundreds of detainees were allegedly 2018 subjected to torture, inhuman treatment, and extrajudicial killings. On 8 June 2018, the German Federal Court of Justice (Bundesgerichtshof – Procedure BGH) issued an arrest warrant against Jamil Hassan, head of the Air Force See Structural investigations against Intelligence Directorate, for alleged the Syrian government. crimes against humanity and war crimes, upon a request of the German Read more about the case Federal Prosecutor. He is accused of having killed, tortured, caused severe physical or mental harm to numerous detainees of the Air Force Intelligence Directorate between 2011 and 2013, in form of direct perpetration, co-perpetration, or as a military commander.

43 STRUCTURAL Current status

INVESTIGATIONS Under investigation; arrest warrant AGAINST NON- against a high-ranking commander of STATE ARMED ISIS in force GROUPS IN SYRIA Facts

The investigation concerns crimes committed by non-state armed Context groups in Syria and Iraq, including extrajudicial killings, torture, inhuman Ongoing structural investigation in treatment, abduction for the purpose Germany for serious crimes under of blackmail, and other war crimes. international law committed by non-state armed groups in Syria and A part of the investigation is focused Iraq since 2014 on the attack by the Islamic State (IS) against the region around the Suspects town of Sinjar in northwestern Iraq in August 2014. The Yazidi minority Unknown was reportedly subjected to genocide, mass execution, widespread kidnappings, and sexual enslavement Country of residence in Syria and Iraq. of suspects Procedure Syria, Iraq, Germany, elsewhere A second structural investigation Charges concerning crimes committed in Syria was opened by the German prosecutorial authorities in August Genocide, war crimes, including 2014 for the purposes of gathering abduction and sexual enslavement evidence of international crimes committed by the terrorist group Developments in Islamic State (IS) and other non- state armed groups operating in Syria 2018 and Iraq.

The Offce of the German Federal The structural investigation has Public Prosecutor continued to hear resulted thus far in investigations witness testimonies and to receive against 30 specifc individuals involved evidence in form of documents, in crimes committed by the non- pictures, videos, etc. state armed groups, which has led to indictment and further prosecution on In 2018, the structural investigation several occasions. resulted in opening of further person- specifc investigations and led to new In December 2016, the Supreme Court arrest warrants, indictments and of Germany issued an arrest warrant convictions, which are presented in against a high-ranking IS commander detail in the case profles below. allegedly responsible for genocide and war crimes, including abduction and sexual enslavement of Yazidi women in Syria and Iraq.

44 The investigation against Abdullah K. FOUR SIBLINGS is still ongoing. SUSPECTED OF WAR CRIMES Current status Mustafa K., Abdullah K., Ahmed K., Sultan K. and Mustafa Sultan K. and Ahmed K. K. are on trial; Abdullah K. is still under investigation. Context Facts

Ongoing proceedings in Germany In November 2012, the four accused against four Syrian brothers for allegedly joined Jabhat al-Nusra serious crimes under international in Syria and fought against Syrian law allegedly committed in Syria since government troops in the city of Ras November 2012 al-Ayn in northern Syria. Mustafa K., Sultan K., and other Jabhat al- Suspects Nusra members reportedly captured an offcial of the regime of Bashar al-Assad and forced his family to Four Syrian brothers, former members leave the city while plundering their of Jabhat-al Nusra possessions. The governmental Country of residence offcial was found dead later. In addition, alongside other Jabhat of suspects al-Nusra members, Ahmed K. is accused of threatening and thereby Germany forcing the Kurdish population to leave the city. Furthermore, Sultan K. Charges and Abdullah K. allegedly took part in the hostilities against the Kurdish War crimes, membership in a People’s Protection Units. terrorist group Procedure Developments in On 12 June 2017, the four brothers 2018 named Mustafa K., Abdullah K., Sultan K., and Ahmed K. were arrested in On 25 January 2018 Mustafa K., Sultan northern Germany. K. and Ahmed K. were indicted for committing war crimes by allegedly Ahmed K., Sultan K., and Mustafa K. forcing civilians to leave the city have been indicted on 25 January 2018, of Ras al-Ayn and plundering while Abdullah K. was not formally their possessions. They were also charged yet. Proceedings before the charged with membership in a Higher District Court of Celle started terrorist organization. on 20 April 2018 and were scheduled to be held until 21 December 2018. The trial before the Higher District Court of Celle started on 20 April 2018. On 13 December 2018 war crimes charges were dropped against Mustafa K. and Sultan K., while terrorism charges were upheld. Ahmed K. was acquitted of all charges.

45 of Raqqa. In March 2013, the accused, JABHAT AL-NUSRA together with other members of his FIGHTERS ON TRIAL combat unit, reportedly executed 36 Syrian civil servants previously FOR KILLINGS IN taken prisoner during the capture of Raqqa. Prior to the execution, the civil RAQQA servant had been sentenced to capital Abdul Jawad A.K., Abdulrahman A. A. by a Shariah court. and Abdalfatah H. A. Procedure

Context On 1 June 2016 Abdul Jawad A. K. was arrested by German authorities. Ongoing proceedings in Germany for Later, on 2 March 2017, Abdulrahman alleged war crimes committed in Syria A.A. and Abdalfatah H. A. were in March 2013 arrested in Dusseldorf. They were formally charged with membership in a terrorist organization, murder, Suspects and war crimes, for their alleged involvement in the killing of 36 Syrian Syrian nationals, former members civil servants in Syria in March 2013. of a combat unit belonging to Jabhat al-Nusra Read more about the case Country of residence of suspects

Germany Charges

War crimes, murder, membership in a terrorist group Developments in 2018

The accused are in custody while the trial is ongoing. Current status

On trial Facts

Abdul Jawad A.K., founding member of a combat unit belonging to Jabhat al-Nusra, and Abdulrahman A. A. and Abdalfatah H. A., who joined the unit at a later stage, have allegedly taken part in hostilities during the capture

46 civil war since summer 2012. Ibrahim ABDUCTION, Al F. and over 150 fghters under BLACKMAIL AND his command allegedly controlled a district in northern Aleppo and TORTURE RESULT frequently looted the surrounding areas. According to the charges, the IN LIFE SENTENCE accused participated in abduction of two civilians who resisted the Ibrahim Al F. looting, and their subsequent one- month detention. Together with his subordinates, Ibrahim Al F. is Context accused of having personally tortured the detained residents, who were Completed proceedings in Germany released after the ransom was paid. regarding war crimes committed in Under his command, his subordinates Syria in 2012 allegedly abducted at least six other civilians and subjected them to severe torture, which led to death of at least Suspect one person. Syrian national, alleged former member of Ghurabaa al-Sham, a part Procedure of the On 6 April 2016, German authorities arrested Ibrahim Al F. in the Westphalia Country of residence region. He was formally charged with of suspect war crimes and abduction for the purpose of blackmail, at the Higher Germany Regional Court of Dusseldorf on 27 October 2016. His trial started on 22 May 2017. On 24 September 2018, Charges the accused was found guilty by the Higher Regional Court of Dusseldorf War crimes, torture and abduction for and sentenced to life imprisonment. the purpose of blackmail Read more about the case Developments in 2018

On 24 September 2018, the accused was found guilty by the Higher Regional Court of Dusseldorf and sentenced to life imprisonment. Current status

Sentenced to life imprisonment Facts

Ibrahim Al F. was accused of having been the head of the militia Ghurabaa al-Sham, which has been fghting the Syrian government forces as part of the Free Syrian Army in the Syrian

47 war crimes in Idlib, Syria. Jointly IDLIB WAR CRIMES with two other members of the FSA, SUSPECT IN the suspect allegedly captured and detained two members of an armed CUSTODY group fghting on the side of the Syrian government for an unknown time Mohamad K. period between January 2012 and January 2013. To punish the detained fghters, Mohamad K. allegedly Context tortured the almost unclothed men by beating them severely and repeatedly with a cable-like object. The torture Ongoing proceedings in Germany for was flmed by another FSA member. war crimes committed in Syria Suspect

Syrian national Country of residence of suspect

Germany Charges

War crimes Developments in 2018

On 10 December 2018, Mohamad K. was indicted for war crimes. The Stuttgart Higher Regional Court has not yet scheduled the trial.

On 20 June 2018, the suspect was arrested on suspicion of having jointly committed war crimes, namely cruel and inhuman treatment of civilians, in the province of Idlib, northern Syria. Investigating judge ordered his pre-trial detention. Current status

Indicted; in custody Facts

Mohamad K. is a former member of the Free Syrian Army (FSA) and is accused of having committed

48 of a high-ranking Iraqi civil servant FORMAL captured by ISIS. Raad. A., together INDICTMENT OF with other ISIS members, allegedly escorted the captive to the execution TWO ISIS SUSPECTS site and guarded him until he was executed. Abbas R. is also accused Raad A. and Abbas R. of having insulted and humiliated the captive. Context Procedure

Ongoing proceedings in Germany for Raad A. and Abbas R. have been in war crimes committed in Iraq in 2014 custody since 24 May 2017, following their arrest in connection with another Suspects investigation. On 9 August 2018, they were indicted for membership in a terrorist organization and war crimes. Iraqi citizens, alleged members of ISIS Country of residence of suspects

Germany Charges

War crimes and membership in a terrorist organization Developments in 2018

On 9 August 2018, Raad A. and Abbas R. were indicted for war crimes and membership in a terrorist organization. The Higher Regional Court has not yet scheduled the trial. Current status

Indicted; in custody Facts

Raad A. and Abbas R. allegedly joined ISIS in June 2014 in Mosul. In the same month, Abbas R. was present during the execution of two Shiite women by ISIS fghters and assisted them with the transportation of the bodies.

In October 2014, Raad A. and Abbas R. allegedly participated in the execution

49 abducted by the terrorist organization SENTENCE Jabhat al-Nusra in the Damascus area. LENGTHENED FOR Suliman Al-S. allegedly participated in his abduction by keeping the victim A UN EMPLOYEE under surveillance between March and June 2013. Carl Campeau was KIDNAPPER held captive for eight months until he managed to escape in October 2013. Suliman Al-S. While in detention, his captors issued death threats against him and tried unsuccessfully to obtain a ransom for Context his release. Closed proceedings in Germany for Procedure war crimes committed in Syria in 2013 On 21 January 2016, Suliman Al-S. Suspect was arrested in Stuttgart on suspicion of war crimes committed during the Syrian national .

On 27 June 2016, he was charged for Country of residence war crimes, abduction for the purpose of suspect of blackmail, unlawful imprisonment, attempted blackmail, use of force or Germany threats against life and membership in a terrorist organization abroad.

Charges The trial began on 20 October 2016. On 20 September 2017, the Aiding and abetting abduction for Higher Regional Court of Stuttgart the purpose of blackmail, attempted found Suliman Al-S. guilty of aiding robbery by blackmail in three cases, and abetting the kidnapping of an aggravated deprivation of liberty and employee of the United Nations in war crimes against humanitarian Syria in February 2013. organizations He was sentenced to three years and six months in prison. The charges of Developments in membership in a terrorist organization 2018 were dropped. The prosecutor appealed the judgment regarding the The appeal was ongoing in 2018. On length of the sentence. 23 January 2019, the Court of appeal lengthened his sentence to four years Read more about the case and nine months. Current status

Sentenced Facts

On 17 February 2013, the Canadian national Carl Campeau, who had been working as a legal adviser to UN forces (UNDOF) in the Golan Heights, was

50 Their trial before the Higher Regional WAR CRIMES Developments in Court in Stuttgart began on 4 May 2011 CHARGES UNDER 2018 and ended after 320 days of hearings, on 28 September 2015. During the SCRUTINY The appeal hearing took place on proceedings, 11 of the 16 initial charges of war crimes and crimes Ignace Murwanashyaka and 31 October 2018 before the Federal against humanity were dropped. Straton Musoni Court of Justice (Bundesgerichtshof). On 20 December 2018, the appeal of Straton Musoni was rejected. Yet, The Higher Regional Court of Stuttgart the Federal Court of Justice partially issued its frst instance verdict on 28 Context overturned the conviction of Ignace September 2015, convicting Ignace Murwanashyaka on the ground of Murwanashyaka of fve counts Ongoing proceedings in Germany aiding and abetting war crimes. of aiding and abetting war crimes against former offcials of the The Federal Court requested the and of leading a foreign terrorist Democratic Forces for the Liberation higher regional Court in Stuttgart to organization, and sentencing him to of Rwanda (Forces Démocratiques re-examine the issue. 13 years in prison. Straton Musoni de Libération du Rwanda – FDLR) was sentenced to eight years’ for alleged serious crimes under imprisonment for his role as leader in international law committed in the Current status a foreign terrorist organization. Democratic Republic of the Congo (DRC). The FDLR, formerly the Armée Sentenced to prison for 8 and 13 The judgment was appealed. The de Libération du Rwanda (Liberation years; under appeal. Despite his appeal hearing took place on 31 Army of Rwanda) was created in 2001 appeal, Ignace Murwanashyaka is still October 2018 before the Federal Court and has been operating in the eastern in detention in Germany; Straton of Justice (Bundesgerichtshof). DRC since then. Some of its members Musoni is not in custody since 28 have been accused of participating in September 2015. Read more about the case the 1994 genocide in Rwanda. Stuttgart regional council has reportedly asked Straton Musoni on Suspects 12 February 2018 to leave Germany. A return to Germany is forbidden to him Ignace Murwanashyaka has been for nine years. head of the FDLR since 2001. Straton Musoni has been his deputy since 2004. Facts

In 2009, Rwanda and the DRC led Country of residence a joint military operation aimed at of suspects neutralizing the FDLR. This operation resulted in various retaliatory attacks by the FDLR on Congolese civilians, Germany; Straton Musoni still lives in including women, children and other Germany, but with the order to leave vulnerable persons. The two suspects the country are accused of having coordinated attacks that resulted in the death of Charges civilians, pillage, recruitment of child soldiers, and rape and other forms of Ordering and coordinating crimes sexual violence. against humanity and 16 counts of war crimes committed by the FDLR on Congolese territory between January Procedure 2008 and November 2009; belonging Ignace Murwanashyaka and Straton to a terrorist group Musoni were arrested in Germany on 17 November 2009, following the issuance of an arrest warrant by the German Federal Court of Justice on 16 November 2009.

51 He is accused of having killed an TALIBAN INDICTED Afghan policeman, together with AND HELD IN other members of his Taliban unit. The victim had been captured and tied CUSTODY up to a tree by the unit commanders. Omaid N. allegedly hit him in the head Omaid N. with wooden slats. Acting upon an order of one of the unit commanders, he allegedly shot him several times Context with a semi-automatic rife. The policeman is assumed to have died Ongoing proceedings in Germany for either from the beating or from the war crimes and murder, allegedly subsequent gunshots. committed in Afghanistan in 2013 Procedure Suspect On 19 May 2017, Omaid N. was arrested Afghan citizen; alleged member of by German police and remanded in the Taliban custody on suspicion of belonging to the Taliban, and having committed Country of residence war crimes and murder. He is awaiting trial in custody. of suspect Read more about the case Germany Charges

War crimes, murder, membership in a terrorist organization Developments in 2018

On 18 January 2018, Omaid N. was indicted by the German Federal Prosecutor for war crimes and murder committed in 2013. He was also accused of membership in a terrorist organization. Omaid N. remains in custody awaiting his trial. Current status

In custody pending trial Facts

Omaid N. allegedly joined the Taliban in early 2013 and helped them to transport weapons on at least one occasion.

52 AFGHANI ARRESTED FOR INTERROGATING DETAINEES UNDER TORTURE

Ahmad Zaheer D.

Context

Ongoing proceedings in Germany for war crimes committed in Afghanistan Suspect

Afghan national, member of the Afghan military forces Country of residence of suspect

Germany Charges

War crimes Developments in 2018

On 25 October 2018, the suspect was arrested by German authorities and remains in custody, while the investigation is ongoing. Current status

Ongoing investigation Facts

Ahmad Zaheer D. was a member of the Afghan military forces and was reportedly responsible for interrogation of captured fghters on at least one occasion. Together with another military offcial, he allegedly interrogated three detained fghters and severely beat them by hand and a plastic tube.

53 The complaint was also joined by SHEDDING A LIGHT Current status Guantánamo detainee Abd al-Rahim ON CIA SECRET al-Nashiri, who was tortured at the Monitoring procedure (preliminary CIA “black site” in Thailand during DETENTION examination) the period in which Gina Haspel is CENTERS reported to have served as Chief of Facts Base at the prison. Gina Haspel and others The CIA is accused of having planned, Read more about the case developed and exercised torture and other acts of cruel, inhuman, or Context degrading treatment in its response to international terrorism since Monitoring procedure (preliminary 2001. The CIA and the US armed examination) in Germany regarding forces allegedly arrested suspects torture and other crimes committed in different locations worldwide, and by US offcials in CIA detention brought them to US detention facilities centers and other US overseas located outside mainland US territory detention centers or rendered them to other states. As part of the detention and interrogation Suspects program, US offcials reportedly tortured detainees in these various detention centers. Gina Haspel, CIA Director since May 2018, and other US offcials Procedure Country of residence On 9 December 2014, the German of suspects federal public prosecutor opened a monitoring procedure in response United States of America to the publication of the executive summary of the US Senate Select Committee on Intelligence report on Charges the CIA detention and interrogation program, and the criminal complaint Torture, other related crimes fled by ECCHR on 17 December 2014. The monitoring procedure is Developments in still underway. 2018 ECCHR submitted further information on 28 July 2015 regarding witnesses The US Senate confrmed on 17 May and suspects with respect to CIA 2018 the nomination of Gina Haspel as torture, and on 28 June 2016 with CIA Director. respect to torture at Guantanamo and Abu Ghraib. In September 2018, the criminal complaint fled against Gina Haspel On 6 June 2017, the European Center for was joined by Abd al-Rahim al- Constitutional and Human Rights (ECCHR) Nashiri, who is currently detained at submitted to the Offce of the German Guantánamo and who was tortured Federal Public Prosecutor evidence at the CIA “black site” in Thailand regarding Gina Haspel’s role in the torture during the period that Gina Haspel is of detainees in a secret CIA detention said to have served as Chief of Base at center in Thailand in 2002. A follow-up the prison. submission was fled by ECCHR on 10 September 2018 with new information that had come to light after Gina Haspel was nominated as CIA Director.

54 WERE GAZA Facts OTHER ONGOING

ATTACKS BY ISRAELI On 21 July 2014, Israeli armed forces CASES DEFENSE FORCES killed members of the German- Palestinian Kilani family – a father, • Abdulmalk A. and Mousa H. A.: DISPROPORTIONATE? mother, and their fve children, aged 4 investigation ongoing to 12 years old. Members of Israeli Defense Forces • Harry Sarfo: investigation ongoing The attack took place in the course of the military operation “Protective Context Edge”, during which Israeli armed forces conducted air strikes in the Preliminary investigation in Germany between 8 July and 26 against members of the Israeli August 2014. Civilian facilities and Defense Forces for alleged war houses were destroyed and heavily crimes committed in Gaza during the damaged, and hundreds of civilians Operation “Protective Edge” between were killed. 8 July and 26 August 2014. Due to a warning of the planned Israeli airstrikes, the Kilani family fed Suspects their home in Beit Lahia to Al-Salam tower. Two days later, on 21 July 2014, Members of the Israeli Defense Forces rockets hit the building, killing all the responsible for the attack on Al-Salam family. stated that the actual building in Gaza on 21 July 2014 target of the attack was a commander of the Palestinian Islamic Jihad. Country of residence of suspects Procedure

Israel In December 2014, the ECCHR and the PCHR fled a criminal complaint with the German Federal Public Charges Prosecutor on behalf of Ramsis Kilani, who lost his father and half-siblings in War crimes the strike. The submission provided evidence including photos, videos, and Developments in witness statements. He denounced the alleged disproportionality of the 2018 Israeli attack on Al-Salam building.

In August 2018, the European Center At the same time, PCHR fled a for Constitutional and Human Rights criminal complaint in Israel and (ECCHR), together with its partner submitted an appeal against the organization, the Palestinian Centre military prosecutor’s decision not to for Human Rights (PCHR) submitted to investigate the Kilani case. the German Federal Public Prosecutor further evidence to substantiate the Read more about the case criminal complaint fled in 2014. Current status

Under pre-investigation

55 GHANA

Jammeh, is alleged to have carried CIVIL SOCIETY out the killings. COMES TOGETHER AGAINST FORMER Procedure DICTATOR In May 2018, the families of the victims and a coalition of local and Yahya Jammeh international NGOs asked Ghanaian authorities to open an investigation against Yahya Jammeh.

Context The report and a legal brief about the case were also transmitted to Ghanaian Campaign to bring former Gambian authorities by TRIAL International and president Yahya Jammeh and his Human Rights Watch. accomplices to justice The Ghanaian Inspector General of Suspect Police and later the government, through its Minister of Information, Former Gambian president stated that “the government had (1994–2016) tasked the Ministry of Foreign Affairs and the Attorney-General’s Department to study the request” Country of residence and “advise the government on the of suspect way forward.” According to the group, Ghana is competent to investigate and Equatorial Guinea prosecute the crime on the basis of universal jurisdiction, part of Ghanaian legal framework, notably for cases of Charges enforced disappearances.

Complicity in enforced disappearances Read more about the case and extrajudicial executions Current status

Pending investigation Facts

An investigation conducted by Human Rights Watch and TRIAL International revealed that a paramilitary unit controlled by then-Gambian president Yahya Jammeh allegedly summarily executed more than 50 West African migrants (including some 44 Ghanaians) in July 2005. The migrants, who were bound for Europe but were suspected of being mercenaries, were murdered after having been detained by Yahya Jammeh’s closest deputies in the army, navy, and police forces. The “Junglers”, a notorious unit that took its orders directly from Yahya

56

DOES SELLING Developments in ARMS TO SAUDI 2018

ARABIA CONSTITUTE On 17 April 2018, the joint criminal COMPLICITY IN WAR complaint by the European Center for Constitutional and Human Rights CRIMES? (ECCHR), Yemen-based Mwatana Organization for Human Rights, RWM Italia and Italian-based Rete Italiana Export of Armament authorizes these per Il Disarmo, in cooperation with exports of armaments manufactured Osservatorio Permanente sulle Armi in Italy. Context Leggere e le Politiche di Sicurezza e Difesa (O.P.A.L.), was fled with Read more about the case the public prosecutor in Rome. Ongoing investigation against directors The prosecutor has opened an of RWM Italia S.p.A., an Italian arms investigation, which is still ongoing. manufacturer, and against Italian government offcials who authorized arms exports to Saudi Arabia, and for Current status complicity in murder and bodily injury Under investigation Suspects Facts Current and former CEOs and directors of RWM Italia S.p.A. (a subsidiary The complaint denounces an air of German-based Rheinmetall AG), strike launched by the Saudi-led and Italian government offcials from coalition in Deir Al-Hajari in Yemen Italy’s National Authority for the Export on 8 October 2016, which allegedly of Armament (UAMA); suspected killed six civilians. At the site of the individuals are German and Italian airstrike, a suspension lug was found, manufactured by RWM Italia S.p.A. Country of residence Further remnants indicate the use of a guided bomb. Testimonies of eye of suspects witnesses confrm that no military object was in the vicinity of the house Italy that was targeted by the airstrike.

The complaint alleges the criminal Charges liability of RWM Italia S.p.A.’s directors and of UAMA offcials for the export of In relation to the company’s directors at least a part of the deadly weapon and government offcials, complicity used in the strike, to Saudi Arabia or through gross negligence in murder another member state of the Saudi- and bodily injury. led military coalition.

In addition, the complaint requests an Despite major warnings that investigation into the alleged abuse the coalition warfare in Yemen of power by the government offcials. causes signifcant loss of civilian The International Criminal Court life and breaches of international Statute has not been implemented humanitarian law, exports of bombs in the Italian Criminal Code and, as and other weapons to coalition a consequence, it was not possible member states had not stopped and to request an investigation into are still taking place. In Italy, the complicity in war crimes. competent Italian Authority for the

57 NORWAY

PAST CRIMES Facts

CATCH UP WITH The suspect arrived in Norway as NORWEGIAN a refugee through the UN Refugee Agency (UNHCR) in 2006. He became CITIZEN a Norwegian citizen in 2014.

Name withheld

Context

Ongoing proceedings in Norway for crimes allegedly committed during the 1994 Rwandan genocide Suspect

Dual Norwegian and Rwandese citizenship Country of residence of suspect

Norway Charges

Genocide Developments in 2018

On 7 June 2018, a Norwegian of Rwandan origin was arrested by Norway’s national criminal investigation service (Kripos) and charged with genocide. He allegedly participated in the killing of a large number of people, mainly Tutsi, during the 1994 Rwandan genocide. Current status

Under investigation

58 SENEGAL

WITNESS UNDER Facts

THREAT IN A Floribert Chebeya was found dead in HUMAN RIGHTS his car in Kinshasa on 2 June 2010. His associate, Fidèle Bazana, was DEFENDER reported missing. The night before, they had both gone to the PNC MURDER CASE headquarters, which was the last time they were both seen alive. Paul Mwilambwe Procedure

Context On 2 June 2014, the International Federation for Human Rights (FIDH) Ongoing proceedings against Paul and families of the victims fled a Mwilambwe for the alleged murder criminal complaint as civil parties of Floribert Chebeya on 2 June 2010 before Senegalese courts. The in Kinshasa and the disappearance of plaintiffs testifed before the judge his associate Fidèle Bazana investigating the case in August 2014. Suspect Paul Mwilambwe was indicted on 8 January 2015 and placed under judicial Major in the Congo National Police supervision. In June 2015, Guylain (Police Nationale Congolaise – PNC) Bazana, the son of Fidèle Bazana, was auditioned by the investigative judge Country of residence as a civil party. of suspect Parallel proceedings were launched in DRC at the time of the events. Five PNC offcers were convicted, four of Senegal whom were sentenced to death and the ffth to life imprisonment. Charges In 2015, the Kinshasa military High Enforced disappearances and Court acquitted on appeal the four murder of human rights defender defendants sentenced to death and Floribert Chebeya and his associate reduced the life sentence of the ffth Fidèle Bazana defendant to 15 years in prison. High-level suspects including Paul Mwilambwe were not targeted by Developments in these proceedings. 2018 In April 2017, lawyers representing The investigation is still ongoing in the civil parties in the Senegalese Senegal. New evidence submitted by investigation fled a brief with the the civil parties is being examined by investigative judge in Senegal the investigative judge. requesting that several pieces of evidence from the DRC proceedings Current status be added to the case fle. Read more about the case Under investigation

59 SPAIN

EXTRADITED Current status

SALVADORIAN Extradited and detained in Spain COLONEL AWAITS TRIAL Facts Inocente Orlando Montano Morales From 1980 to 1992, El Salvador was divided by an internal armed confict between the rebel Farabundo Martí Context National Liberation Front (FMLN) and In this request, Spain urged the US the government, led by the Nationalist authorities to allow the extradition of Republican Alliance (ARENA). In this Ongoing proceedings for serious Inocente Orlando Montano from the context, on 16 November 1989, six crimes under international law USA to Spain to face trial for the murder Jesuit priests, their housekeeper, and committed in El Salvador during the of the six Jesuits, their housekeeper, her 16-year-old daughter were killed 1980–1992 internal armed confict and her daughter, committed in El at the Pastoral Center of José Simeón Salvador on 16 November 1989. Cañas Central American University in Suspect San Salvador. On 5 January 2016, a judge from the Eastern District Court of North Offcer in the military, vice-minister of Following the ratifcation of the Carolina granted the request to public security (from 1 June 1989 to 2 Chapultepec Peace Accords on 16 extradite Inocente Orlando Montano March 1992) in El Salvador January 1992, a Truth Commission to Spain. On 1 April 2016, Inocente was established to investigate crimes Orlando Montano’s lawyers fled a Country of residence committed during the war, including petition for a writ of habeas corpus to the murder of the six Jesuits, their reverse the extradition order. of suspect housekeeper, and her daughter. The Truth Commission concluded On 21 August 2017, the US Eastern United States of America that these crimes were ordered by District Court of North Carolina Salvadoran offcials and executed by dismissed Inocente Orlando the Salvadoran armed forces. Montano’s petition for a writ of habeas Charges corpus, fnding no irregularity in the Procedure extradition proceedings and no basis Crimes against humanity, murder upon which the petitioner’s request and terrorism On 23 August 2011, US authorities for release could be granted. arrested Inocente Orlando Montano Developments in on charges of federal immigration On 15 November 2017, the Supreme fraud. He was indicted on 10 February Court dismissed Inocente Orlando 2018 2012 for false declarations to the US Montano’s last request to halt his authorities regarding the date of his extradition to Spain. On 12 July 2018, the Criminal entry into the territory and his military Chamber of the Spanish National training in El Salvador. On 29 November 2017, Inocente Court (Audiencia Nacional, Sala de lo Orlando Montano was extradited to Penal) partially upheld the appeal fled On September 2012, he pled guilty, Spain and placed in police custody. He by the accused, eliminating from the acknowledging he had given false is accused of actively participating in indictment the alleged crime against statements. His trial took place in planning the murder of the six Jesuits. humanity that the investigating judge August 2013 and he was sentenced had excluded from the procedure in to 21 months in prison on 27 August The case has also been reopened in 2014. The indictment only referred to 2013. On 23 July 2014, the Criminal El Salvador. the eight murders committed with a Chamber of the Spanish National terrorist intent. Court (Audiencia Nacional, Sala de lo Read more about the case Penal) submitted a supplemental brief Inocente Orlando Montano is currently to the US authorities in support of a detained in pre-trial detention before pending request for extradition issued his trial. on 4 November 2011.

60 On 6 March 2017, the Spanish National GUATEMALAN Facts Court (Audiencia Nacional, Sala de lo FORMER MINISTER penal) acquitted Carlos Vielmann of In October 2005, 19 prisoners escaped the 10 extrajudicial executions that CLEARED OF ALL from the Infernito prison, a high were perpetrated in 2005 and 2006, security prison in City. considering that it was not proven CHARGES Carlos Vielmann and Erwin Sperisen, beyond reasonable doubt that he who was appointed Chief of the had ordered, authorized, supported, Carlos Vielmann Montes National Civil Police (NCP) by Carlos or otherwise acquiesced to the Vielmann, allegedly devised a plan capture and murder of the victims, aimed at fnding and executing the or that he had any knowledge of the Context escaped prisoners. This was known as circumstances leading to their deaths. the Gavilán Plan. Nine prisoners were captured and three allegedly executed Ongoing proceedings for serious The judgment was appealed before as a result. crimes under international law the Supreme Court by the Human allegedly committed in Guatemala in Rights Association of Spain (APDHE). In September 2006, under Carlos 2005 and 2006 Vielmann’s alleged direct command, Read more about the case Erwin Sperisen, along with 3,000 Suspect NCP offcers and members of the army, intervened in the Pavón prison, Former Guatemalan minister of a high security prison controlled by Domestic Aaffairs; dual Spanish and prisoners, to restore state authority. Guatemalan citizenship This intervention ended in the arrest and the alleged extrajudicial execution Country of residence of seven prisoners. of suspect Procedure

Spain In 2010, Carlos Vielmann was indicted for establishing, along with Erwin Charges Sperisen, a parastatal criminal structure within the Ministry of Extrajudicial executions in 2005 (the Domestic Affairs, which ordered, killing of three inmates who had authorized, and supported the murder escaped from the Infernito prison) and of seven prisoners in the Pavón prison in 2006 (the killing of seven inmates at and three in the Infernito prison. the Pavón prison) in Guatemala In February 2012, Guatemalan authorities dropped their request for Developments in the extradition of Carlos Vielmann.

2018 On 4 November 2013, Carlos Vielmann was brought on charges of On 30 July 2018, the Supreme extrajudicial executions before the Court confrmed Carlos Vielmann’s Spanish National Court (Audiencia acquittal. Nacional, Sala de lo penal). Current status Carlos Vielmann’s trial took place in January and February 2017. On Acquitted 9 January 2017, the prosecution requested 160 years’ imprisonment and compensation of 300,000 euros for each of the victims.

61 directives equate the concepts of Al-Hayek; Colonel Suleiman Al-Yusuf; SYRIAN CASE direct and indirect victim in order to and another high-level offcial of the CALLS SPAIN’S hold legitimacy to exercise jurisdiction Syrian government. and give competence to the Spanish JURISDICTION courts. On 27 March 2017, Judge Eloy INTO QUESTION Velasco Núñez declared the Current status complaint admissible and opened Names withheld an investigation. Judge Eloy Velasco requested that Eurojust ascertain Closed; recourse ongoing to the whether there were other countries Spanish Supreme Court of the investigating Context international crimes committed Facts by the administration of the Syrian Ongoing proceedings in Spain Arab Republic. He also ordered for alleged serious crimes under On 17 February 2013, Abdulmuemen that testimonies be obtained from international law committed in Syria Alhaj Hamdo, a Syrian national born in the victim, witnesses, and expert since 2011 Idleb, disappeared while covering his witnesses, and that rogatory letters be daily delivery shift as a professional sent. On 30 March 2017, the Spanish Suspects transporter between the municipality public prosecutor appealed this of Mashta el Helou and the city of decision. Nine high-level Syrian members of Homs in western Syria. the security and intelligence forces On 27 July 2017, the Spanish National In 2015, Abdulmuemen Alhaj Hamdo’s Court decided to dismiss the case eldest son recognized the body of his after the public prosecutor argued it Country of residence father on several photographs taken by lacked jurisdiction to judge the crimes of suspects a forensic photographer codenamed committed. Caesar, who deserted from the Syrian The law frm “Guernica 37 International Unknown army. Caesar made public over 50,000 photos evidencing various crimes Justice Chambers” appealed the committed in detention centers of the decision before the Appeals Chamber Charges Syrian government since 2013. of the Spanish National Court. On 15 December 2017, the appeal was Terrorism, enforced disappearances rejected. and torture Procedure On 1 February 2017, Amal Hag Hamdo Developments in Anfalis fled a complaint with the OTHER ONGOING Spanish National Court (Audiencia 2018 Nacional) against nine high-level CASES military and government offcials of In February 2018, the law frm the Syrian Arab Republic, for alleged • The Jesuit murder case: “Guernica 37 International Justice acts of terrorism and enforced investigation reopened in San Chambers” requested the Spanish disappearance committed against her Salvador in 17 April 2018 after it Supreme Court to admit their brother, Abdulmuemen Alhaj Hamdo. was suspended in 2000 complaint and to order the reopening of the investigation. The complaint is directed against: Ali • The Guantanamo case: appeal of Mamluk, head of the Syrian National the closing of the investigation is They also asked the Constitutional Security Bureau (NCB); Abdul-Fattah ongoing Court to examine the constitutionality Qudsiyeh, deputy head of the NCB; of the current law on universal Mohammad Dib Zeitun, head of the jurisdiction in Spain. General Syrian Security Directorate; Jamil Hasan, head of the Syrian Air In parallel, they seized the Court of Force Intelligence Directorate; Faruq Justice of the European Union to Al-Sharaa, former vice president; know if the current defnition of a Mohamed Said Bekheitan, deputy head victim under the Spanish legislation of ruling Baath Party; Mohammad Al- is in accordance with European Hajj Ali, major general; General Jalal regulations, and if the European

62 SWEDEN

His appeal trial opened on 10 REMOTE September 2018. The appeal’s court WITNESSES went to Rwanda to see the crime scenes and the court building from CONTRIBUTE where the Rwandese victims and witnesses were heard through TO GENOCIDE videoconference. CONDEMNATION The prosecutor’s closing argument Theodore Tabaro is planned to take place in late February 2019. Context Current status

Ongoing proceedings in Sweden for Ongoing trial crimes allegedly committed during the 1994 Rwandan genocide Facts On 6 September 2017, Theodore Tabaro was charged with murder, Theodore Tabaro was allegedly Suspect attempted murder, rapes, and involved in the 1994 Rwandan genocide kidnappings against the Tutsi minority. against ethnic Tutsi, in which 800,000 Dual Swedish and Rwandese He is accused of having organised, people were killed. The alleged citizenship recruited, incited, and even executed crimes took place between 9 April and massacres against Tutsis. Country of residence 31 May 1994, in the Winteko, Nyakanyinya and Mibirizi sectors, in On 26 September 2017, the District of suspect Southwestern Rwanda. Court of Stockholm travelled to Rwanda to examine some of the From 9 April 1994, Theodore Tabaro, Sweden witnesses and victims, and to see the with other Hutu militia, allegedly took alleged crime scenes. Some 30 other part in the massacre of numerous survivors and family members of the civilians and the raping of women and Charges victims were among the plaintiffs. young girls in Winteko. On 13 April Genocide; war crimes 1994, he allegedly participated in the His trial opened on 27 September 2017 Nyakanyinya school attack, where before a Special Court in Stockholm. Developments in several hundred people were killed or seriously injured by grenades, gunfre, Read more about the case 2018 and knives. He is also accused of taking part in the Mibirizi church On 27 June 2018, Theodore Tabaro attack, several days later. was sentenced to life in prison by the District Court of Stockholm. He was He arrived in Sweden in 1998 and found guilty of murder, attempted became a Swedish citizen in 2006. murder and kidnapping of members of the Tutsi minority, with the aim to Procedure completely or partially destroy the group. He was not found guilty of the On 25 October 2016, Theodore Tabaro rape charges that could not be proven. was arrested in his home in Orebro on suspicion of involvement in the 1994 He was also sentenced to pay a Rwandan genocide. The accused was compensation of between 25,000 subsequently remanded in custody and 102,000 Kronor to 16 victims by the Stockholm District Court. The (approximately 2,800 to 11,600 US war crimes unit of the Swedish police dollars). have led the investigation headed by a Senior Public Prosecutor.

63 Prosecutors are reportedly in the preliminary investigation the same FORCIBLE process of fnalizing the investigation year. Alex Schneiter, who was head of DISPLACEMENTS and a formal indictment should be Exploration during the relevant time issued soon. period, and Ian Lundin, became formal FOR PROFIT? OIL suspects after being questioned by COMPANY ON THE Current status prosecutors in 2016. AUTHORITIES’ If convicted of aiding and abetting, Under investigation Ian Lundin and Alex Schneiter face RADAR sentences of up to life imprisonment. Both deny the charges. Lundin Petroleum - Alex Schneiter Facts and others The second Sudanese civil war was fought by the Government of Sudan, the Sudanese People’s Liberation OTHER ONGOING Context Army (SPLA), and other armed groups CASES from 1983 to 2005. Ongoing investigation in Sweden into • Raed Abdulkareem: Sentence complicity in international crimes According to a report published by confrmed on appeal, judgment committed in Sudan (now South a coalition of NGOs, the European became fnal Sudan) between 1997 and 2003 Coalition on Oil in Sudan, in 1997, Lundin Petroleum (then Lundin Oil) Suspects signed a contract with the Government for the exploration and production of oil in a war zone in southern Sudan, Alex Schneiter, Swiss national and CEO the Block 5A concession, which was of Lundin Petroleum; and Ian Lundin, not at that time under full Government Swedish national and chairman of control. Lundin Petroleum A civil war broke out between the Country of residence Government and SPLA-supported armed groups for the control of the of suspects Block 5A.

Sweden and Switzerland In this capacity, the company allegedly paid the Sudanese army and non-state Charges armed groups to forcibly displace the local population from oil-rich Aiding and abetting war crimes and areas. Almost 200,000 civilians were crimes against humanity forcedly displaced, and thousands died. Other crimes allegedly carried out to clear the land include unlawful Developments in killings, rape, enslavement, torture, indiscriminate attacks, pillage, and 2018 the recruitment of child soldiers. On 18 October 2018, the Swedish Government authorized the Procedure prosecution authority to proceed with an indictment in this case. Pursuant In 2010, the European Coalition on Oil to Swedish law, the prosecution of a in Sudan published a report indicating foreign national for crimes committed that Lundin Petroleum may have been abroad requires the governmental complicit in international crimes authorization. committed in Sudan between 1997 and 2003. The report was submitted to the Swedish International Public Prosecution Offce, which opened a

64 SWITZERLAND

massive crimes that were committed COURT ORDERS under his order. The investigation THE ATTORNEY should go on.

GENERAL TO In August 2018, a letter signed by the Special rapporteurs on torture and the court considered that immunities INVESTIGATE on the independence of judges and could not be invoked for international ALGERIAN lawyers to Switzerland was published crimes. by the United Nations. It heavily GENERAL criticized Switzerland for alleged Early January 2017, the Offce of lack of independence and political the Attorney General of Switzerland Khaled Nezzar interferences concerning the cases dismissed the case, considering that against Khaled Nezzar and Rifaat the alleged acts committed by the al-Assad. former Minister of Defense could Context not be considered as war crimes, on the grounds that there was no war in Current status Algeria when the facts occurred. Ongoing proceedings against the former Algerian Minister of Defense Investigation ongoing On 18 January 2017, the civil parties for alleged war crimes, committed in appealed the decision before the Algeria between 1992 and 1994 Facts Federal Criminal Court.

Suspect From 14 January 1992 to 31 January Read more about the case 1994, as Minister of Defense and General in the Algerian army, Minister member of the HCS, Khaled Nezzar of Defense in Algeria from 1990 to allegedly incited, authorized, 1994, and Member of the High Council and ordered military and public of State (HCS) from 1992 to 1994 agents to commit acts of torture, murders, extrajudicial killings, Country of residence enforced disappearances, and other grave violations of international of suspect humanitarian law. The dirty war caused the death of around 200,000 Algeria persons, and the disappearance of some 20,000 others. Charges Procedure Various war crimes: torture, extrajudicial killings, enforced Three torture victims fled a frst disappearances, and other complaint against Khaled Nezzar grave breaches of international in France in 2001, but he managed humanitarian law to leave the country before judicial action could be initiated. In October 2011, TRIAL International fled a Developments in new criminal complaint as he was 2018 travelling to Geneva. Two victims of torture joined the procedure. He On 30 May 2018, the Federal Criminal was arrested in October 2011 and Court annulled the dismissal of the interrogated by the Swiss Attorney case by the Offce of the Attorney General. He appealed the procedure General. The Court recognized the before the Federal Criminal Court. existence of an armed confict in In a decision from 25 July 2012, Algeria in the early 90s and found Khaled Nezzar’s appeal was rejected: that Khaled Nezzar was aware of the

65 Zoom in

Proving the existence of an armed confict in Algeria

Overturning a lower-court decision, the Federal Criminal Court found that a non- international armed confict was going on in Algeria between January 1992 and January 1994.

It considered that the crimes alleged were committed in the context of this armed confict and as such, the accused could face charges of war crimes. The Court considered that the General Khaled Nezzar was aware of the massive crimes that were committed under his command. The Court also asserted that one of the main parties to the confict, the Groupe Islamique Armé (GIA), fulflled the conditions of an armed group.

Moreover, the Federal Criminal Court considered that under certain conditions, crimes against humanity can be prosecuted in Switzerland, even though they were committed before the entry into force of the relevant provisions in 2011.

66 DETENTION Facts Field notes “In spite of decade- EXTENDED FOR The Gambia was under was under the long abuse, some control of Yahya Jammeh from 1994 FORMER GAMBIAN victims are opening up to 2016. For more than two decades, for the frst time” MINISTER UNDER all opposition was repressed: torture, extrajudicial executions and enforced “Since Ouman Sonko’s INVESTIGATION disappearances were widespread. arrest, the Gambian Ousman Sonko authorities have After the re-election of Yahya Jammeh been very willing to in September 2006, Ousman Sonko collaborate with TRIAL was appointed minister of interior. International. This Context He held this position until September has facilitated our 2016, when he was dismissed from access to the feld, my Ongoing proceedings in Switzerland offce and left The Gambia. against former Gambian minister of colleagues and myself the interior under the Yahya Jammeh have travelled there regime for alleged serious crimes Procedure over six times to meet under international law survivors. It is sobering Alerted to Ousman Sonko’s presence that, in spite of decade- on Swiss territory, TRIAL International long abuse, some of Suspect lodged a criminal complaint with the them are opening up Bernese prosecuting authorities on for the frst time.” Former inspector general of police 25 January 2017. The former Gambian (2005 to 2006) and Minister of the minister was arrested the following Emeline Escaft, Legal Interior (2006 to 2016) day at the immigration center of Lyss Advisor at TRIAL (canton of Bern), where he had fled for International Country of residence asylum. He was charged with crimes of suspect against humanity. Nine Gambian victims fled a The Gambia complaint. Six of them were heard by the attorney general, as well as Charges several witnesses. On 9 October 2017, the Swiss Federal Crimes against humanity, and torture Supreme Court confrmed the seizure of Ousman Sonko’s assets. They are Developments in worth approximately USD 15,000.

2018 His detention was extended for three months twice by the Court of Coercive His detention was renewed Measures of the canton of Bern (on 2 several times during the year in May 2017, on 31 July 2017 and then order to allow the Offce of the on 1 November 2017). In 2018, his Attorney to interview witnesses detention was extended twice for and victims. The investigation is six months by the Court of Coercive still ongoing. Measures (on 29 January 2018 and then on 30 July 2018). Current status Read more about the case Detained pending trial

67 to two other victims, even though for almost a month. The estimated INVESTIGATIONS their families were still present in number of civilian casualties ranges AT A STANDSTILL Syria. Then the federal prosecutor from 10,000 to 40,000 people, decided to dismiss part of their depending on the sources. AGAINST THE complaints concerning the Tadmor prison massacre, where one thousand “BUTCHER OF detainees were allegedly massacred Procedure by Rifaat-al-Assad troops, stating that HAMA” In November 2013, after being the suspect was not present on the informed that Rifaat al-Assad was Rifaat al-Assad Swiss territory when the complaint in Switzerland, TRIAL International was fled. On 17 September 2018, the lodged a complaint with the Offce of victims appealed this dismissal. Context the Attorney General of Switzerland The court confrmed the decision, regarding the massacre of Hama. A however, saying that Swiss criminal investigation for war crimes Ongoing proceedings in Switzerland was opened in December 2013. against the former head of the prosecuting authorities are allowed to open an investigation when there In August 2014, a victim joined Defense Brigades in Syria for alleged the proceedings. war crimes committed in Hama is information that the suspect will be present in the near future. in 1982 In September 2015, Rifaat al- In August 2018, a letter signed by the Assad returned to Geneva. TRIAL Suspect special rapporteurs on torture and International and the victim asked the on the independence of judges and Swiss authorities to arrest him. After Brother of the former Syrian lawyers to Switzerland was published the Offce of the Attorney General President Hafez al-Assad and uncle by the United Nations. It heavily refused to proceed with his arrest, the of the current President Bashar al- criticized Switzerland for alleged victim fled a motion for provisional Assad; former head of the Defense lack of independence and political measures before the Federal Criminal Companies, Syria’s elite interferences concerning the cases Court. Two days later, the Offce of troops, from 1971 to 1984 against Khaled Nezzar and Rifaat the Attorney General was ordered to al-Assad. audition Rifaat al-Assad. Country of residence In 2016 and 2017, TRIAL International Current status fled several more complaints. It also of suspect brought to the case ample evidence Under investigation and a list of witnesses ready to testify. Various As the proceedings continued, six more victims joined the case. Charges Facts On 25 September 2017, a collective On 27 June 1980, the Defense of lawyers revealed the existence of War crimes allegedly committed in Companies, commanded by Rifaat Hama in 1982 the criminal investigation pending in al-Assad, attacked the Tadmor prison. Switzerland, since 2013, against Rifaat More than 1,000 detainees were al-Assad. Four years after the opening Developments in massacred in their cells. of the investigation, they denounced a denial of justice from the Offce of the 2018 Rifaat al-Assad, as the commander Attorney General. of the Defense Companies, is also The federal Court dismissed the denial suspected of participating in the Read more about the case of justice allegations, considering that massacre of several thousand people the extensive delay could be explained in Hama during the civil war in Syria by the complexity of the case. from 1979 to 1982.

A survivor of the Hama massacre In February 1982, opponents of the was interviewed in June 2018 under regime took up arms in Hama. As condition of anonymity. retaliation, the , including the Defense Companies, The federal prosecutor in charge of the attacked the city. The civilian case frst refused to grant anonymity population was trapped in Hama

68 On 27 April 2018, Erwin Sperisen was Erwin Sperisen appealed the THIRD (AND sentenced to a 15-year sentence for conviction and his appeal trial took FINAL?) SENTENCE his complicity in the 2006 murders. place from 4 to 8 May 2015 before He appealed the judgment to the the Criminal Chamber of the Geneva FOR HEAD OF Supreme Court. Court of Appeal. On 12 May 2015, the GUATELAMAN Criminal Chamber upheld the life Current status imprisonment sentence. In addition POLICE to the seven extrajudicial executions for which Erwin Sperisen was found Pending decision of the Supreme guilty in the frst instance, he was Erwin Sperisen Court condemned as jointly responsible for the murder of three fugitives from Facts the Infernito prison, though not as a Context direct perpetrator. In October 2005, 19 prisoners escaped Ongoing proceedings for serious from El Infernito, a high security Arguing that his right to a fair trial had crimes under international law prison in Guatemala City. Erwin been violated, Erwin Sperisen lodged allegedly committed in Guatemala in Sperisen allegedly set up a plan aimed an appeal against the conviction. 2005 and 2006 at fnding and executing the escaped prisoners; this was known as the On 29 June 2017, the Swiss Federal Suspect Gavilan Plan. Nine prisoners were Court overturned the judgment of captured and three allegedly executed the Criminal Chamber of the Geneva The head of National Civilian Police as a result. Court of Appeal and ordered Erwin (NCP) of Guatemala from 2004 to Sperisen’s retrial. The Federal 2007; he has dual Swiss and In September 2006, Erwin Sperisen, judges recognized the existence of Guatemalan citizenship along with 3,000 NCP offcers and extrajudicial executions committed members of the army, intervened by a commando composed of police in the Pavón prison, a high security forces. Yet they considered that Erwin Country of residence prison controlled by prisoners, Sperisen should have been confronted of suspect to restore State authority. This with several witnesses. intervention ended in the arrest and the alleged extrajudicial execution of On 20 September 2017, the Swiss Switzerland seven prisoners. Federal Court allowed the release of Erwin Sperisen, pending his Charges retrial. On 25 September 2017, he Procedure was released and placed under Extrajudicial executions in 2005 (the house arrest. In 2008, several Swiss organizations killing of three inmates who had fled a criminal complaint against escaped from the Infernito prison) and On 11 October 2017, Erwin Sperisen Erwin Sperisen with the Offce of the in 2006 (the killing of seven inmates at fled a new motion requesting the Prosecutor in Geneva, after discovering the Pavón prison), in Guatemala recusal of the Judge Cambi Favre- that he was living in Switzerland. He Bulle, the presiding judge of the was arrested on 31 August 2012 in Criminal Chamber of the Geneva Developments in Geneva. In March 2013, the mother Court of Appeal and Revision. On 2018 of one of the victims fled a complaint 3 November 2017, his motion was and joined the criminal proceedings. rejected. Erwin Sperisen appealed this Fourteen witnesses travelled from decision to the Federal Tribunal. Erwin Sperisen’s new trial took place Spain, France and Guatemala to be in April 2018 in Geneva. The public heard by the Swiss authorities. prosecutor requested a life sentence Read more about the case for his alleged participation in 2006 to His trial opened on 15 May 2014 the assassination of seven detainees in Geneva. He was convicted on 6 in the Pavón prison. Incidentally, June 2014 and sentenced to life the prosecutor requested a 15-year imprisonment for the crimes he sentence for Erwin Sperisen’s alleged committed in the Pavón prison, but complicity in these murders. The he was acquitted for his alleged Defense pleaded for his acquittal. involvement in the Gavilan Plan.

69 OTHER ONGOING CASES

• Alieu Kosiah (Liberia): investigation ongoing

• Ali Bin Fadhul Al-Buainain (Bahrain): investigation ongoing

• Naït-Liman case: the European Court of Human Rights dismissed the case on 15 March 2018

70 THE NETHERLANDS

ETHIOPIAN “RED Current status

TERROR” SUSPECT Sentenced to life in prison; retrial APPEALS HIS ongoing CONVICTION Facts Eshetu Alemu In 1974, the communist military regime, known as the Dergue, Context overthrew Emperor Haile Selassie I and seized power in Ethiopia. The Eshetu Alemu pleaded not guilty to regime effectively ruled the country Ongoing proceedings against a Dutch all charges. His trial was supposed for 17 years. In February 1977, the Red national originally from Ethiopia, for to start on 21 November 2016 in The Terror was offcially declared, which war crimes committed in Ethiopia Hague. However, it was postponed led to mass killings, arrests, torture, during the Red Terror in the late 1970s until 30 October 2017 following his and disappearances of suspected decision to change lawyer. political opponents. Suspect On 15 December 2017, Eshetu Alemu Eshetu Alemu is accused of ordering was found guilty of war crimes, Former member of the Provisional the execution of 75 people, of torturing including arbitrary detention, inhuman Military Administrative Council, also nine people, and of controlling treatment, torture, and murders. He known as the Dergue, during the the illegal detention of more than was sentenced to life in prison. Mengistu Haile Mariam’s regime 300 people in cruel and inhuman conditions in Ethiopia’s Gojjam Read more about the case Country of residence province during the Red Terror. of suspect In 1990, he fed to The Netherlands as an asylum seeker and became a The Netherlands Dutch citizen in 1998. Charges Procedure in Ethiopia War crimes, including arbitrary detention, inhuman treatment, torture, On 12 December 2006, Ethiopia and murder of alleged opponents to concluded the trial of former Dergue the regime offcials, convicting Eshetu Alemu, and 57 other regime offcials of genocide Developments in and crimes against humanity. Eshetu Alemu was judged in absentia and 2018 received a death sentence.

Eshetu Alemu appealed his conviction on 3 January 2018. On 23 April 2018, Procedure in The a frst pre-trial hearing took place Netherlands before appeals court. At the defense’s request, on 19 November Eshetu Alemu was arrested in The 2018, the court agreed to hear a dozen Netherlands in September 2015. witnesses in Ethiopia. An investigative In September 2016, 15 Ethiopian judge will travel to Ethiopia, together witnesses residing in the United with the defense counsel and States of America and Canada were prosecutors, to hear those witnesses. questioned by a Dutch judge and a prosecutor.

71 On 18 December 2018, the Supreme the Court of Appeal. The Supreme LIBERIAN Court upheld his conviction for Court considered that the appeal “BLOOD TIMBER” aiding and abetting war crimes. The judges wrongly rejected a prosecution judgment is now fnal. request to hear the testimonies of two BUSINESSMAN new witnesses, and ordered a retrial.

AWAITING Current status In December 2016, Guus Van Kouwenhoven fed to South Africa. EXTRADITION Sentenced Guus Van Kouwenhoven Guus Van Kouwenhoven’s appeal Facts hearings began on 6 February 2017 before the Court of Appeal of Den Context Whilst managing the largest Bosch. On 10 February 2017, the timber operation in Liberia, Guus prosecution requested a 20-year Ongoing proceedings against a Dutch Van Kouwenhoven facilitated the prison sentence. national for alleged war crimes importation of weapons for Charles On 21 April 2017, the Court of Appeal committed during the second Liberian Taylor, thereby contravening UN of Den Bosch sentenced Guus Van civil war (1999–2003) Security Council resolutions. These weapons were supplied to militias Kouwenhoven in absentia to 19 years’ and used to carry out numerous imprisonment for complicity in war Suspect massacres. crimes committed in Liberia, and for his involvement in arms traffcking Dutch national, director of operations Guus Van Kouwenhoven allegedly for Charles Taylor. The Court of of the Oriental Timber Company made available trucks, drivers, and Appeal considered that by providing (OTC), and owner of the Royal Timber facilities for the transportation and weapons, personnel, and equipment Company (RTC), operating in Liberia storage of weapons, as well as armed to the armed confict, Guus Van personnel to Charles Taylor’s troops. Kouwenhoven consciously accepted the probability that war crimes and/ Country of residence or crimes against humanity would be of suspect Procedure committed. On 18 March 2005, Guus Van The Netherlands On 8 December 2017, Guus Van Kouwenhoven was arrested in Kouwenhoven was arrested in Rotterdam. He was charged with South Africa on a Dutch warrant. Charges delivering arms to Liberia, involvement The Netherlands has requested his in war crimes committed in that extradition. Complicity in war crimes, supplying country, and breaching the embargo arms and ammunition in violation of decreed by the United Nations with Read more about the case weapons embargoes respect to Liberia.

His trial began on 24 April 2006 in The Developments in Hague. On 7 June 2006, the Dutch Court 2018 acquitted Guus Van Kouwenhoven of war crimes due to a lack of evidence. Guus Van Kouwenhoven’s extradition He was, however, sentenced to an hearings in South Africa were eight-year prison term for breaking postponed several times in 2018 for the UN arms embargo against Liberia. medical reasons. The last hearing Both sides fled an appeal. took place in October. On 10 March 2008, the Dutch Court of On 26 June 2018, the Advocate General Appeal overturned the conviction and advised the Supreme Court to uphold acquitted him of all charges due to a the appeal court’s judgment, and lack of evidence. confrm his conviction for complicity in war crimes committed in Liberia On 20 April 2010, the Supreme and involvement in arms traffcking Court of The Netherlands (de Hoge for Charles Taylor. Raad) overturned the decision of

72 Field notes

“We found a death list by miracle”

“In Afghanistan, many people write their own biography and print a few hundred copies, selling them on the market place. Going through one of them, one of our investigators found one referring to the prison where our suspect worked. When he brought it to a translator, he realized the pot of gold he had come across. The book held copies of transport orders to and from this prison, in other words, top-quality incriminating material!

There was also the death list: it was handed over by a former UN worker, changed hands many times, and came into the possession of a social worker… who turned out to have brought it back to Austria in her personal archives. One of our witnesses happened to know that she had the list, so the police went there, and she simply handed us copies of that list.”

Thijs Berger, Public Prosecutor in The Netherlands

73 THE UNITED KINGDOM

LIBERIAN AND Current status

SWISS NGOS JOIN Trial pending FORCES AGAINST EX-FIRST LADY Facts Agnes Reeves Taylor Agnes Reeves Taylor is accused of having ordered and carried out torture in Gbarnga, the headquarters Context of Charles Taylor’s National Patriotic Front; and in Gborplay, between 23 December 1989 and 1 January 1991, Ongoing proceedings for war crimes during the frst Liberian civil war. allegedly committed during the frst Liberian civil war (1989–1996). The Agnes Reeves Taylor case is the fourth Procedure arrest by a Western country of a suspect of war crimes allegedly committed On 1 June 2017, Agnes Reeves Taylor during the frst Liberian civil war. was arrested at her residence in East Liberia’s former president, Charles by the Metropolitan Police, Taylor, was sentenced on 30 May 2012 based on information provided by the by the Special Court for Sierra Leone NGOs Civitas Maxima and its Liberian to 50 years’ imprisonment (confrmed sister organization, the Global Justice on appeal on 26 September 2013), and Research Project (GJRP). for crimes he committed during the Sierra Leone civil war in the 1990s. On 2 June 2017, she was charged with However, he was not prosecuted for torture and infiction of severe pain or the crimes committed in Liberia by his suffering for her alleged involvement troops, the National Patriotic Front of with Charles Taylor’s rebel group, the Liberia (NPLF). NPFL, during the frst Liberian civil war. She was charged with two counts of torture committed in Gbarnga, Suspect in central Liberia, and one count of torture committed in Gborplay, in Ex-wife of former Liberian president the northeast. She allegedly allowed Charles Taylor the rape of seven women at the headquarters of Charles Taylor’s Country of residence rebels. of suspect On 11 August 2017, Westminster Magistrates’ Court rejected her United Kingdom request for provisional release on bail. Charges On 19 October 2018, she entered a plea of not guilty to eight charges. Torture, conspiracy to commit torture, and intentionally inficting severe pain Read more about the case or suffering in the performance of offcial duties Development in 2018

Her trial was scheduled to start in October 2018, but was postponed until January 2019.

74 Adawiya Square, in Cairo. More than Zoom in “SPECIAL MISSION 817 demonstrators, including women IMMUNITY” and children, were killed during the “Special missions” event, and numerous acts of torture fall outside of CONFIRMED FOR are alleged to have occurred. accountability EGYPTIAN OFFICIAL mechanisms Procedure Lt. General Mahmoud Hegazy The Court of Appeal confrmed the High The Freedom and Justice Party (FJP) Court’s fndings that learned that Lt. General Hegazy, under customary director of the Egyptian Military Context international law, Intelligence Service in 2013, would a State receiving a Judicial review proceedings concerning be visiting the United Kingdom in special mission is the decision of the Metropolitan September 2015. The FJP requested required to ensure Police not to arrest Egyptian offcial, that the Metropolitan Police arrest personal inviolability Lt. General Mahmoud Hegazy, in him during his visit. and immunity from connection with torture allegations criminal proceedings The Metropolitan Police refused on for members of that the grounds that the United Kingdom’s special mission. Suspect Foreign and Commonwealth Offce had granted him special mission immunity. It also found that Lt. General Mahmoud Hegazy Lt. General Hegazy subsequently left this customary the country. international law could Country of residence be given effect by In 2016, four claimants – including domestic common of suspect the FJP, former ministers of the FJP law (para. 135). Finally, government, and a British surgeon who the Court held that Egypt worked in emergency feld hospitals in special mission Egypt – submitted an application for immunity applies to judicial review of the decision not to Charges jus cogens crimes such arrest Lt. General Hegazy. REDRESS as torture (para. 108). and intervened Torture in the proceedings.

Developments in On 5 August 2016, the High Court confrmed the decision of 2018 the Metropolitan Police not to arrest Mahmoud Hegazy on the On 19 July 2018, the Court of Appeal grounds that he benefted from special upheld the High Court’s judgment, mission immunity. considering that special mission immunity was a rule of customary The claimants appealed the fndings international law, and that the of the High Court. Metropolitan Police’s refusal to arrest Lt. General Hegazy had been lawful. Current status OTHER ONGOING CASES Case dismissed; under judicial review • Emirati offcials accused of torture Facts of Qatari nationals; names withheld

In August 2013, Egyptian security • Vincent Bajinya, Célestin forces attacked a protest in support Ugirashebuja, Charles Munyaneza, of ex-President Morsi in Rab’a al- Emmanuel Nteziryayo and Célestin Mutabaruka: investigation ongoing

75 THE UNITED STATES OF AMERICA

HISTORICAL Facts

SENTENCE IN During the frst Liberian civil war IMMIGRATION (1989–1996), Mohammed Jabbateh was a high-ranking offcer in the rebel FRAUD CASE group ULIMO.

Mohammed Jabbateh In his capacity as ULIMO-K leader, Mohammed Jabbateh allegedly ordered, facilitated and encouraged Context murder of civilian non-combatants, enslavement and sexual enslavement, Ongoing trial in Philadelphia (USA) public raping, maiming of civilians, for immigration fraud and perjury. torture, conscription of child soldiers, The accused lied to the immigration execution of prisoners of war, and the authorities regarding his involvement desecration and mutilation of corpses. in the frst Liberian civil war (1989–1996) Procedure

Suspect Mohammed Jabbateh was arrested on 13 April 2016 in Philadelphia. He High-ranking offcer in the United was placed under house arrest on Liberation Movement for Democracy in 18 April 2016. Civitas Maxima and its Liberia (ULIMO), a rebel group fghting Liberia-based sister organization, the against Charles Taylor’s National Global Justice and Research Project Patriotic Front of Liberia (NPFL) (GJRP), has collaborated with the US Department of Homeland Security on Country of residence the investigation since 2014. of suspect The trial offcially began on 2 October 2017 in Philadelphia. Over 20 victims United States of America came from Liberia to testify regarding crimes committed by Mohammed Jabbateh or under his control. They Charges testifed about rapes and torture, killings and looting, pillaging and Two counts of fraud in immigration acts of ritual cannibalism; committed documents, two counts of perjury personally or ordered, facilitated, and/or encouraged by Mohammed Developments in Jabbateh among his ULIMO fghters. 2018 Mohammed Jabbateh’s trial began on 2 October 2017 in Philadelphia. On 19 April 2018, Mohammed He was charged with two counts of Jabbateh was sentenced to 30 years fraud in immigration documents, and in prison for immigration frauds and two counts of perjury stemming from perjury. He appealed his conviction statements he made in connection and sentence. with his applications for asylum, and later for legal permanent residence in the United States of America. On 18 Current status October 2017, he was found guilty by a jury on all four counts. Convicted; sentenced to 30 years of imprisonment Read more about the case

76 Field notes one of the co-founders and leader LONG-TERM of the National Patriotic Front of “The victims’ stories drive RESIDENT Liberia (NPFL). The NPFL was a me to keep going” military organization led by Charles CONVICTED OVER Taylor, aiming to overthrow the Doe “When you go to the MASS MASSACRES government. On 24 December 1989, feld, you realize that for the NPFL entered Liberia through the years and years, people Jucontee Thomas Smith Woewiyu Côte d’Ivoire. By April 1990, the NPFL have kept their stories controlled 90% of the country. to themselves. This is especially true for sexual Context The NPFL is accused of many violence, which carries international crimes, including a lot of stigma. In a case sexual slavery, mass murders, and Ongoing trial in Philadelphia (USA) in Liberia, a woman we conscription of child soldiers. Jucontee for immigration fraud and perjury. had just interviewed felt Thomas Smith Woewiyu was allegedly The accused lied to the immigration so empowered to testify involved in the planning of attacks on authorities regarding his involvement that she decided to tell civilians, including Operation Octopus in the frst Liberian civil war (1989– her son he was born of in 1992. The operation led to the violent, 1996). rape. By doing so, she was attempted seizure of Monrovia, and able to reconnect with her resulted in the murder of thousands everyday life: speaking Suspect of combatants and civilians; including about her past enabled her the executions of fve American nuns. to deal with the present. Co-founders and leader of the National Patriotic Front of Liberia (NPFL) Since January 1972, Jucontee Thomas Collecting testimonies can Smith Woewiyu has legal permanent be very emotional for the residence in the United States. He victims and witnesses. Country of residence applied for United States citizenship in I carry these emotions of suspect January 2006. back to The Hague and they become my fuel. I United States of America Procedure remember for whom I worked, I remember their Charges On 30 January 2014, Jucontee Thomas testimonies. And it drives Smith Woewiyu was indicted on me to keep going, and seven counts of perjury, six counts of Immigration fraud, perjury to give my best for the immigration fraud and three counts victims.” of false statement related to his Developments in naturalization. Akin to Mohammed Emmanuelle Marchand, Jabbateh, Jucontee Thomas Smith Senior Legal Counsel for 2018 Woewiyu is accused of having lied the NGO Civitas Maxima on his citizenship application; failing The trial began on 11 June 2018. On to disclose his association with the 3 July 2018, he was found guilty of NPFL, and that he was connected to immigration frauds, false statement crimes committed by the NPFL. in relation to naturalization, and perjury. The sentencing judgment On 12 May 2014, he was arrested in was scheduled to take place on Newark Airport as he was returning 26 November 2018, but it from Liberia. In October 2014, was postponed. bail was paid, and a Federal Judge from Philadelphia granted him Current status temporary release before his trial, under the condition that he stayed Convicted; awaiting sentence under house arrest. Facts Read more about the case

Jucontee Thomas Smith Woewiyu is

77 the case brings an Reconciliation Commission identifying CIVIL CASES TAKE claim under the FSIA, which strips the perpetrators of this massacre, no OVER CRIMINAL the immunity of designated state- one has ever been held to account. This sponsors of terrorism for the unlawful civil action was brought against Moses PROCEEDINGS killing of U.S. nationals. In March Thomas, a former commander of the 2018, plaintiffs fled a motion for Special Anti-Terrorism Unit, an elite In the United States, suspects of default judgment against the Syrian unit of the armed forces of Liberia. international crimes who reside or government. The evidence submitted He is believed to be responsible for visit the country can be subject to by CJA showed that senior members the Massacre, during which Liberian civil suit for violations of international of the Assad regime conspired to kill armed forces attacked a Red Cross law committed outside of the United Marie Colvin and other journalists designated shelter at the church and States, based on two different bases: engaged in independent reporting massacred 600 civilians. The claims on the confict, tracking them down against him include the commission of through a web of informants and war crimes, crimes against humanity, electronic surveillance. The court’s torture, and extrajudicial killing. The Alien Tort Statute (ATS) decision is pending. Thomas fled a motion to dismiss the gives U.S. federal courts jurisdiction complaint in April 2018, which the to hear lawsuits fled by non-U.S. plaintiffs opposed. On 18 December citizens for torts committed in 2018, the Court ruled that Moses violation of international law. Over Mamani v. Berzaín In 2007, the Thomas will face trial in Philadelphia. the past 30 years, the ATS has been Center for Constitutional Rights used successfully in cases involving brought a lawsuit in a federal court torture, state-sponsored sexual in Florida under the ATS and TVPA violence, extrajudicial killing, crimes against the former President of Boniface v. Viliena In Haiti, armed against humanity, war crimes and Bolivia, Gonzalo Sánchez de Lozada, groups that are aligned with political arbitrary detention. and the former Minister of Defense, parties routinely kidnap, torture, and Carlos Sánchez Berzaín. The claims kill political opponents, journalists, arose from a brutal crackdown by the and human rights advocates; while Bolivian military during a period of meting out vigilante justice, collecting The Torture Victim Protection civil unrest in September and October bribes, and ensuring loyalty in the face Act (TVPA) allows U.S. citizens 2003, during which over 50 civilians of collapsed legal institutions. One of and non-citizens alike to bring civil were killed and hundreds more were the leaders allegedly responsible for claims for torture and extrajudicial injured. In April 2018, a federal jury these is Haitian Mayor, Jean killing committed in foreign countries. found Sánchez de Lozada and Sánchez Morose Viliena, who is also a U.S. The Foreign Sovereign Immunities Berzaín responsible for their roles in legal permanent resident. In 2017, Act (FSIA) and the Anti-Terrorism planning and ordering the crackdown CJA fled a lawsuit in a federal court Act also permit civil claims against that led to the extrajudicial killings. It in Massachusetts, setting out claims perpetrators of mass atrocity under marked the frst time a former head under the ATS and TVPA against Viliena limited circumstances. of state has been found guilty in a on behalf of three media activists and U.S. court for human rights abuses. human rights defenders. This case These civil cases not only offer Plaintiffs were awarded $10 million seeks to hold Viliena accountable for survivors an opportunity to face their in compensatory damages. In May a 2007 to 2009 campaign of killing, abusers in a court of law, they can also 2018, the judge in the case overturned torture, and mass arson. In August pave the way for criminal proceedings. the unanimous jury verdict. The case 2018, the court ruled that claims Below are some notable cases from is now on appeal to the 11th Circuit related to torture, murder, and mass this past year: Court of Appeals. arson were permitted to proceed, following an attempt by the defendant to dismiss the complaint.

Colvin v. Syrian Arab Republic Jane W. v. Thomas In February In 2016, the Center for Justice and 2018, CJA fled a lawsuit in federal Accountability (CJA) brought the frst court in Pennsylvania under the ATS Jara v. Barrientos In 2016, a war crimes lawsuit against the Assad and TVPA on behalf of survivors of the federal jury in Orlando, Florida, regime for the murder of American Lutheran Church Massacre of 1990, found Pedro Pablo Barrientos Nuñez war correspondent Marie Colvin. Filed the worst single atrocity of the Liberian liable under the TVPA for the torture in a federal court in Washington, D.C., civil war. Despite Liberia’s Truth and and extrajudicial killing of Víctor

78 Jara, a Chilean musician. Jara was killed in the days following General ’s overthrow of democratically elected President Salvador Allende of Chile. CJA, which brought the case on behalf of Victor Jara’s family, presented previously unused evidence to elucidate what transpired in the hours and days after the Pinochet coup; an important contribution to the record of truth. The court ordered Barrientos to pay $8 million in compensatory damages and $20 million in punitive damages to Jara’s family. The government of Chile has since requested Barrientos’ extradition to Chile to face criminal trial, a request that now resides with the U.S. government. In July 2018, a Chilean court sentenced eight retired Chilean military offcers to 15 years in prison for their roles in Jara’s death.

79 Photo credit: Will Baxter/TRIAL International

Table of cases

80 Charges Country of Country of Case Crimes Current status Page prosecution commission War Other Torture Genocide against crimes charges humanity Franco Passive personality dictatorship - Argentina Spain case; under 13 Rodolfo Martin • • investigation Villa and others Prince Preliminary Mohammed bin Argentina Saudi Arabia 15 • • examination ongoing Salman

Syrian case in Conviction overturned; Austria Syria 16 Austria • • retrial ongoing

Syrian intelligence Austria Syria • • Under investigation 17 services

Rwandan nationals Belgium Rwanda • • Detained; awaiting trial 18

Martina Johnson Belgium Liberia • • • Under investigation 19

The Iraqi Finland Iraq Appeal ongoing 20 twin brothers • •

Ahmed Jabbar Sentenced to 18 Finland Iraq 22 Hasan • month sentence

Under investigation; 3 Syrian nationals France Syria 23 • • • • arrest warrants issued

Active personality Lafarge – Eric case; under France Syria 26 Olsen and others • • • investigation; several indictments issued

Ahmed Hamdane Detained; under France Iraq 28 El Aswadi • • investigation

Prince Mohammed bin France Saudi Arabia • Under investigation 29 Salman

Khalifa Haftar France Libya • Under investigation 30

Under investigation; in Kunti K. France Liberia 31 • • • custody

Active personality QOSMOS France Syria • case; under 32 investigation 25 year sentence Pascal France Rwanda confrmed; defnitive 33 Simbikangwa • • sentence Sentenced to life Octavien Ngenzi France Rwanda • • imprisonnement; 34 confrmed on appeal Sentenced to life Tito Barahira France Rwanda • • imprisonnement; 34 confrmed on appeal

Claude France Rwanda Pending trial 35 Muhayimana • •

Active personality Philippe France Rwanda case: awaiting 36 Hategekimana • extradition to France

Wenceslas Case dismissed; on France Rwanda 37 Munyeshyaka • • • appeal

81 Charges Country of Country of Case Crimes Current status Page prosecution commission War Other Torture Genocide against crimes charges humanity

Laurent Referred to the France Rwanda 39 Bucyibaruta • • criminal court

Sosthène Pending decision to France Rwanda 39 Munyemana • • refer him to trial

Structural investigations against Germany Syria • • Under investigation 41 the Syrian government Germany; Under investigation; Jamil Hassan see also Syria 43 • • under arrest warrant France Structural investigations against non-state Germany Syria • • • Under investigation 44 armed groups in Syria Mustafa K. Abdullah K. Germany Syria On trial 45 Sultan K. and • • Ahmed K.

Abdul Jawad A.K. Germany Syria • • On trial 46

Abdulrahman Germany Syria On trial 46 A. A. • •

Abdalfatah H.A. Germany Syria • • On trial 46

Convicted; sentenced Ibrahim Al F. Germany Syria 47 • • • to life in prison

Under investigation; in Mohamad K. Germany Syria 48 • custody

Under investigation; in Raad A. Germany Syria 49 • • custody

Under investigation; in Abbas R. Germany Syria 49 • • custody

Sentenced under Suliman Al-S. Germany Syria 50 appeal

Democratic Sentenced; acquitted Ignace Germany Republic of on appeal; pending 51 Murwanashyaka • • the Congo retrial Democratic Sentenced; appeal Straton Musoni Germany Republic of 51 • rejected the Congo

In custody Omaid N. Germany Afghanistan 52 • • pending trial

Ahmad Germany Syria Under investigation 53 Zaheer D. •

Monitoring procedure Gina Haspel Different Germany (preliminary 54 and others locations • • examination)

Members of Under Israeli Defense Germany Israel 55 • pre-investigation Forces

82 Charges Country of Country of Case Crimes Current status Page prosecution commission War Other Torture Genocide against crimes charges humanity

Yahya Jammeh Ghana The Gambia • • Pending investigation 56

Active personality RWM Italia Italy Saudi Arabia • case; under 57 investigation

Rwandan Norway Rwanda Under investigation 58 national •

Democratic Paul Mwilambwe Senegal Republic of • Under investigation 59 the Congo

Inocente Orlando Spain El Salvador Awaiting trial 60 Montano Morales • •

Carlos Vielmann Acquittal confrmed Spain Guatemala 61 Montes • on appeal

Members of the Dismissed; recourse Syrian security ongoing to the Spain Syria 62 and intelligence • • Spanish Supreme forces Court

Active personality Theodore Tabaro Sweden Rwanda 63 • • case; on trial

Lundin Petroleum - Alex Sweden Sudan Under investigation 64 Schneiter and • • others

Khaled Nezzar Switzerland Algeria • • Investigation ongoing 65

Detained; under Ousman Sonko Switzerland The Gambia 67 • • investigation

Rifaat al-Assad Switzerland Syria • Under investigation 68

Active personality Erwin Sperisen Switzerland Guatemala 69 • case; pending retrial

Active personality The case; sentenced to life Eshetu Alemu Ethiopia 71 Netherlands • • imprisonment; retrial ongoing Active personality Guus Van The case; sentenced to 19 Liberia 72 Kouwenhoven Netherlands • • years imprisonment; awaiting extradition

Agnes Reeves The United Detained; under Liberia 74 Taylor Kingdom • investigation

Lt. General The United Case dismissed; Mahmoud Egypt 75 Kingdom • under judicial review Hegazy

Mohammed The United Sentenced to 30 years Liberia 76 Jabbateh States • imprisonment

Jucontee Thomas The United Convicted; awaiting Liberia 77 Smith Woewiyu States • sentencing judgement

The United Civil cases Various Under investigation 78 States •

83 WHO WE ARE

TRIAL INTERNATIONAL

TRIAL International is a non-governmental organization fghting impunity for international crimes and supporting victims in their quest for justice. TRIAL International takes an innovative approach to the law, paving the way to justice for survivors of unspeakable sufferings. The organization provides legal assistance, litigates cases, develops local capacity, and pushes the human rights agenda forward. ECCHR

The European Center for Constitutional and Human Rights (ECCHR) is an independent, non-proft organization based in Berlin, that makes use of groundbreaking strategic legal intervention to challenge impunity, injustice and human rights violations worldwide. ECCHR aims to hold the responsible state and non-state actors accountable and to bring about political, economic, legal and social change. In order to achieve that, ECCHR works closely with partners from around the world. FIDH

FIDH takes action for the protection of victims of human rights violations, the prevention of violations, and to bring perpetrators to justice. A broad mandate: FIDH works for the respect of all the rights set out in the Universal Declaration of Human Rights. A universal movement: FIDH was established in 1922 and unites 184 member organizations in 112 countries around the world. An independent organization: FIDH is not linked to any party or , and is independent of all governments. FIBGAR

The International Foundation Baltasar Garzón (FIBGAR) is a private, social, non-proft foundation, deeply committed to the defense and promotion of Human Rights and Universal Jurisdiction. Although FIBGAR is located in Spain, Colombia, Argentina and , its global vocation encourages it to design and implement projects with a wider scope. In 2015, FIBGAR launched the –Buenos Aires Principles of Universal Jurisdiction. REDRESS

REDRESS is an international human rights non-governmental organization with a mandate to assist victims of torture and related international crimes to seek justice and other forms of reparation. REDRESS collaborates with partners around the world to ensure that victims’ rights to justice and reparation are enforced in practice. It accomplishes this through a combination of litigation, advocacy and capacity building.

84

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