Universal Jurisdiction Annual Review 2021

A year like no other? The impact of coronavirus on #UJAR

In collaboration with Photo credits: Getty Image / Loic Venance (2020) Universal Jurisdiction Annual Review 2021

A year like no other? The impact of coronavirus on universal jurisdiction #UJAR

This publication benefited from the generous support of the Taiwan Foundation for Democracy, the Foreign, Commonwealth & Development Office of the United Kingdom, the City of Geneva and the Oak Foundation. It was researched in collaboration with REDRESS, the International Federation for Human Rights, the European Center for Constitutional and Human Rights, the Center for Justice and Accountability and Civitas Maxima. TABLE OF CONTENTS

7 METHODOLOGY AND ACKNOWLEDGMENTS

9 A YEAR LIKE NO OTHER? THE IMPACT OF CORONAVIRUS ON UNIVERSAL JURISDICTION

13 KEY FINDINGS

15 CASES OF 2020

17 ARGENTINA 17 Former Spanish Prime Ministers to the rescue of dictatorship suspects Rodolfo Martín Villa and others 19 Myanmar leaders investigated over Rohingya genocide Aung San Suu Kyi and others 19 Follow-up on other cases

20 20 Media revelation around authorities’ alleged protection of Syrian suspect Khaled H. and others

21 21 Sentence of 25 years confirmed for genocide and war crimes Fabien Neretsé 22 Trial of two alleged Interahamwe members delayed due to covid-19 Ernest Gakwaya and Emmanuel Nkunduwimye 23 President of the Senate walks free for lack of jurisdiction Alexis Thambwe Mwamba 24 Three genocide suspects arrested in Brussels Pierre Basabose, Séraphin Twahirwa and Christophe Ndangali 25 Liberian victims still waiting for justice Martina Johnson 25 Follow-up on other cases

26 FINLAND 26 Sierra Leonean rebel arrested for crimes in Liberia Gibril Massaquoi 27 Trial of twin brothers ends with an acquittal due to insufficient evidence Iraqi twin brothers

28 28 Former rebel leader arrested in Roger Lumbala 29 Former secret service agent under judicial supervision Abdulhamid A.

2 30 Witnesses come forward against high-ranking Syrian officials Ali Mamluk, Jamil Hassan and Abdel Salam Mahmoud 31 Criminal investigation tries to establish the chain of command The Remi Ochlik, Marie Colvin and Edith Bouvier investigation 32 ISIS fighters investigated for crimes against Yazidis Sabri Essid and Nabil Greseque 33 Civil parties challenge revocation of indictment Lafarge SA–Eric Olsen and others 35 Investigation targets French bank over complicity in international crimes BNP Paribas 36 Investigation in slow motion into spying device sale Amesys 37 Iraqi fugitive soon to be extradited Ahmed Hamdane El Aswadi 38 Pre-trial detention lifted due to pandemic Mahamat Nouri 39 Anti-Balaka leader arrested and charged Eric Danboy Bagale 40 Liberian rebel group suspect freed, then returned to detention Kunti K. 41 Jaysh al-Islam spokesperson arrested in Marseille Islam Alloush 42 Civil parties travel to to gather evidence Philippe Hategekimana 43 Three upcoming trials related to the genocide in Rwanda Eugène Rwamucyo; Laurent Bucyibaruta; Claude Muhayimana 45 Follow-up on other cases

46 46 Evidence builds up against the Syrian regime in a multi-suspect structural investigation 48 First trial on Syrian state torture makes headlines worldwide Anwar R. and Eyad A. 50 Syrian doctor suspected of crimes against detainees Alaa M. 51 Structural and person-specific prosecutions of non-state actors in and Iraq Kassim A.; Carla-Josephine S.; Abdalfatah H. A., Abdul Jawad A. K., Abdulrahman A. A. and Abdoulfatah A.; Mohammed Rafea Yaseen Y.; Fares A. B.; Khedr. A. K. and Sami A. S. 53 Prosecuting the enslavement of Yazidi community members Jennifer W. and Taha A. J.; Omaima A.; Nurten J. 55 Argentinian flights under preliminary investigation Luis Esteban Kyburg

3 56 House searches target former Gambian security forces suspected of torture Names withheld 57 No functional immunity for state officials regarding war crimes Ahmad Zaheer D. 57 Follow-up on other cases

58 GHANA 58 Victims call for justice for massacre of migrants Yahya Jammeh

59 HUNGARY 59 Life sentence for the public executions of civilians in Syria Hassan Faroud

60 60 Three torturers sentenced to 20 years’ imprisonment Mohammed Condè, Hameda Ahmed and Mahmoud Ashuia 61 NGOs oppose dismissal of arms-trade case on Saudi Arabia RWM Italia S.p.A

62 LITHUANIA 62 Belarus officials investigated for torture Names withheld

63 63 Congolese police officer flees to Belgium Paul Mwilambwe and others

64 64 Salvadoran colonel sentenced to 133 years’ imprisonment Inocente Orlando Montano Morales

66 66 Karaj prison massacre suspect remains in detention Hamid Noury 67 Nine survivors testify against Syrian intelligence officials Members of the Syrian intelligence services 67 Follow-up on other cases

68 68 Preventive detention maintained for Gambian former Minister of Interior Ousman Sonko 69 Switzerland lagging behind other countries in prosecution of Syrian leader Rifaat al-Assad

4 71 Algerian former Minister: an endless investigation Khaled Nezzar 72 First trial over Liberian civil war opens after multiple delays Alieu Kosiah 73 Guatemalan head of police appeals to European Court of Human Rights Erwin Sperisen 73 Follow-up on other cases

74 THE 74 Jabhat al-Nusra commander remains in detention Abu Khuder 75 Witnesses and victims testify in the investigation against Afghan prison commander Abdul Razaq Arif 76 YouTube video presented to prove war crime Name withheld 77 Appeal trial ongoing in the Red Terror case Eshetu Alemu 78 “Blood timber” businessman declared persona non grata in Guus Kouwenhoven

80 UNITED KINGDOM 80 Genocide suspects questioned by the Metropolitan police Vincent Bajinya, Celestin Ugirashebuja, Charles Munyaneza, Emmanuel Nteziryayo and Celestin Mutabaruka 82 45-year-old Londoner suspected of war crimes Name withheld

83 OF AMERICA 83 First prosecution of a member of Yahya Jammeh’s Michael Sang Correa 84 Historical sentence upheld in immigration fraud case Mohammed Jabbateh 85 Convicted NPFL spokesman dies of covid-19 Jucontee Thomas Smith Woewiyu 86 Civil universal jurisdiction cases

89 TABLE OF CASES

97 WHO WE ARE

5 6 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 filed under universal jurisdiction with national authorities in 2020 if these complaints did not result in significant judicial advances, are still pending or have been dismissed by the relevant national authorities.

The report also refers to cases of international crimes based on active or passive personality jurisdiction when these cases have also had an impact on the practice of universal jurisdiction.

This report has been researched and written by Valérie Paulet, Legal Consultant at TRIAL International, in collaboration with REDRESS, the European Center for Constitutional and Human Rights, the International Federation for Human Rights, the Center for Justice and Accountability and Civitas Maxima.

TRIAL International is grateful to all the persons and organizations who assisted in collecting the information compiled in this report: Alain Gauthier from the Collectif des parties civiles pour le Rwanda, Guernica 37 International Justice Chambers, and the prosecutors and investigative judges who answered our questions. While every attempt was made to ensure accuracy, information may be subject to change without notice.

This publication benefited from the generous support of the Taiwan Foundation for Democracy, the Oak Foundation, the Foreign, Commonwealth & Development Office of the United Kingdom and the City of Geneva.

7

© Getty Images / Damien Meyer (2020) A year like no other? The impact of coronavirus on universal jurisdiction The year 2020 will remain in memories, by and Remote meetings presented other advantages: large, as a period unlike any other. The covid-19 victims and witnesses could talk from their homes, pandemic has turned around countless lives, and reducing risks of being overheard or followed. Being continues to do so as we write these lines. State in a familiar space was also comforting for vulnerable institutions worldwide, including judicial bodies, individuals, who could share their experiences in a have had to drastically change their functioning safe environment. In some instances, the objects and priorities. With so many activities coming or souvenirs surrounding them in their homes to a brutal halt, have cases related to universal prompted memories that helped to establish facts. jurisdiction (UJ) also stalled? Luckily, far from it. Likewise, a new emphasis was put on complementary investigative methods, such as satellite imagery and While the pandemic has had an impact on UJ online tracking. cases, it has been more of a reorganization than a complete halt. As the next pages show, many cases did move forward and new suspects were brought Security, the cornerstone of remote to justice. Put differently, even a global health crisis investigations did not imperil the use of UJ across the world –proof, if ever it was needed, of the solidity of the On the investigators’ side, online interviews meant they progress made in the last years (see previous UJARs could speak to witnesses spread throughout the world for details). in a single day, speeding up their work considerably. This came with a sine qua non: additional efforts “Past the first few weeks in spring when the whole world were made to ensure understanding, consent and, was taken aback, the judicial community has rapidly of course, the utmost security for interviewees. adapted” summarizes Valérie Paulet, Legal Consultant at TRIAL International and Editor of the UJAR. “Prosecutors, Guaranteeing the confidentiality of remote discussions judges and NGOs reacted quickly and developed creative has always been a primary concern, but the pandemic ways of carrying out their work. Their agility and the extra has encouraged all actors to go even further. Both NGOs effort they put in must be saluted.” and domestic authorities have taken unprecedented measures to ensure all communications were safe and confidential. Yet this is merely the tip of the iceberg: as Strengthening remote investigations the pandemic sweeps across the globe, it is unlikely that interviews will be carried out face-to-face again in the Unsurprisingly, field investigations were considerably near future. All professionals must prepare to keep up limited by national lockdowns and movement these efforts in the long run. And security, especially restrictions. Even when international travel was allowed online, is never permanently acquired. between lockdowns, fact-finding missions require a freedom of movement on the ground that could hardly Despite rapid adaptations, investigations unquestionably be met. Some ongoing investigations which relied on the slowed down in 2020. The number of trials, on the capacity of witnesses, victims, investigators and judges other hand, was remarkable in spite of the exceptional to travel abroad either slowed down or stalled. Countries circumstances. were not equally affected, as the German example below demonstrates. Reaping the efforts from previous NGOs in particular, whose investigations rely on years flexibility and adaptability, had to find new ways of getting in touch with victims and witnesses. Eighteen new cases went to trial in 2020, bringing “We relied even more heavily than before on our the total to 30 ongoing trials. What is perhaps the networks”, explains Bénédict De Moerloose, Head of most prominent trial in recent years opened in International Investigations and Litigation at TRIAL Germany against Syrians Anwar R. and Eyad A. (see International. “Local partners initiated contact with p. 48). It made the international headlines and was victims and witnesses and created an initial bond, then unanimously hailed as a significant step against we would meet them via secure video calls. A certain impunity for State crimes. Other high-profile cases level of trust was already there. On the plus side, it include Fabien Neretsé in Belgium, Roger Lumbala brought us even closer to our collaborators in the field.” in France and Alieu Kosiah in Switzerland.

10 For Christian Ritscher, a German Federal Public Prosecutor: “2020 was definitely a year of trials, in which the investigative efforts of the previous years have come together.” On the other hand, the International Federation of Human Rights (FIDH) regrets that cases in France were hit by many more delays, explained precisely because investigations had been slacking for years. Most of the cases opened in 2020 could move forward thanks to fact-finding and evidence- gathering missions conducted beforehand. The pandemic and its consequences have emphasized the need for investigations to be conducted as swiftly and thoroughly as possible so that the cases can move ahead when/if the context evolves. This lesson also applies to investigations in unstable zones, which may become inaccessible within a matter of days.

Case-by-case arbitration

In some instances, the public health crisis has resulted in the provisional liberation of suspects (see e.g., Mahamat Nouri, p. 38). Although this publication highlights the progress in fighting impunity, there is no doubt that the rights of the accused are equally important to building credible justice: “All legal actors have at heart the fairness and efficiency of justice, including the authors of the UJAR. The purpose is not to punish indiscriminately, and certainly not to bypass the rights of the defense in order to do so”, says Valérie Paulet. No shortcuts, no cutting corners.

Similarly, in a context where contact is synonymous with danger, summonses to court had to be vetted as absolutely necessary. Prosecuting authorities have had to weigh even more carefully than usual which acts–or whose presence–could not be done without. With fewer people allowed in the courtroom and limitations on victims’ and witness’ travels, a case-by-case set-up had to be defined for each hearing.

This is a cautious approach that has paid off: in the trial against Anwar R. and Eyad A. in Germany, just one of the 52 trial days had to be cancelled due to a covid-19 suspicion. Much like “traditional” security parameters, the do no harm principle extended to anticontamination measures and prevailed even in the most sensitive cases.

The year 2020 has been a sobering one. Sanitary considerations have been added to the many difficulties of using universal jurisdiction. Despite all this, the cases presented in this UJAR prove that States have risen to the challenge and that justice will not keel.

11 12 KEY FINDINGS

144 30 20 suspects at least* ongoing trials convictions

76 81 40 18 war crimes crimes against torture genocide charges humanity charges charges charges

21 18 2 countries of countries of acquittals commission prosecution

* Due to structural investigations, in which a large number of suspects are investigated, the exact figure is unknown. 144 is the minimum number.

13

© Getty Images / Loic Venance (2020)

Cases of 2020 16 ARGENTINA

FORMER SPANISH Developments in 2020 PRIME MINISTERS In August 2020, Martín Villa sent TO THE RESCUE to Investigative Judge María OF DICTATORSHIP Romilda Servini de Cubría around SUSPECTS twenty supporting letters from politicians, including from former Rodolfo Martín Villa and others Prime Ministers José María Aznar, José Luis Zapatero and Mariano Context Rajoy, defending his role during the democratic transition. Ongoing proceedings against a Procedure in Spain former Spanish officials and other Judge Servini de Cubría interrogated actors of the Franco dictatorship In December 2006, the Spanish Martín Villa on 3 September 2020 in for alleged international crimes investigative judge, Baltasar Garzón, the Argentinian embassy in Madrid, committed in Spain between 1936 opened an investigation into allegations Spain. During a five-hour video and 1977. of committed conference, he was questioned on during the Franco dictatorship. In his alleged role in the of 12 October 2008, he ruled that the 1977 Suspects victims of the Franco dictatorship. Spanish law granting amnesty for Former Spanish officials and other crimes committed during the Franco actors of the Franco dictatorship Facts dictatorship did not apply, owing to (including Rodolfo Martín Villa, the nature of the crimes. However, After winning the 1930 civil war in former Minister, Antonio González the Supreme Court overturned this Spain, Franco established a bloody Pacheco, former police officer; and decision, while Judge Garzón was put dictatorship and proclaimed himself Jesús Muñecas Aguilar, former on trial for prevarication for his alleged head of state. Enforced disappearances, captain of the Civil Guard). unfair interpretation of the amnesty extrajudicial executions, torture, law. He was eventually acquitted but the inhuman and degrading treatments amnesty law remains applicable, and Country of residence of perceived political opponents were the crimes committed by the Franco of suspects committed on a large scale. Franco dictatorship still cannot be investigated Spain maintained a tight grip on power or prosecuted in Spain. until his death in 1975, after which Spain transitioned to democracy. Charges Procedure in Argentina Crimes against humanity including In 1977, an amnesty law was passed On 14 April 2010, Spanish and torture, extrajudicial killings and to cover crimes committed during Argentinian human rights enforced disappearances the dictatorship, preventing the organizations filed a criminal prosecution of human rights violations complaint with Judge Servini de perpetrated under Franco’s regime. Cubría on behalf of Spanish victims. Current status On 18 September 2013, the judge Under investigation issued arrest warrants against four former officials of the Franco dictatorship (including González Pacheco and Muñecas Aguilar) and requested their extradition in order to stand trial for crimes against humanity, including acts of torture, allegedly committed

17 in Spain between July 1936 and Muñoz de Bustillo, a 16-year-old June 1977. On 24 April 2014, the executed on 11 September 1978 Spanish National Court rejected the during violent riots in the transitional extradition request. period in Barcelona.

In August 2016, Judge Servini de On 22 October 2018, the Spanish Cubría opened an investigation National Court denied a request into the death of Spanish poet from Judge Servini de Cubría to Federico García Lorca, pursuant to come to Spain to hear Martín Villa, a complaint filed by the Asociación considering that the crimes are para la Recuperación de la Memoria prescribed. Histórica (Spanish Association for the Recuperation of Historical On 26 October 2018, Judge Servini Memory, or ARMH). de Cubría admitted the complaint filed two years earlier by the On 9 June 2017, the remains NGO Women’s Link Worldwide on of Timoteo Mendieta, a trade behalf of six women repressed by unionist who was reportedly the dictatorship. The investigation imprisoned in the Guadalajara examines cases of sexual assault, Central Prison and executed in , forced and the 1939, were identified in a mass theft of children under Franco’s grave uncovered near the prison. regime. The archaeological team of the ARMH has exhumed 28 other In June 2019, new testimonies were victims of the Franco regime. heard. One complainant, Fermín Rodríguez, was heard regarding In July 2017, Judge Servini de the killing of his brother, who Cubría issued an international was shot in the head by the police arrest warrant against Martín Villa in 1978 during the Sanfermines for the death of five workers in festivities in Pamplona. Vitoria in 1976, for crimes against humanity and murder.

On 21 June 2018, two victims joined the proceedings. The first, Ruben Amor Benedicto Salmerón, is the grandson of José Salmerón Céspedes who was forcibly disappeared, tortured and executed in 1936 in Tetouan, then part of the Spanish protectorate in . He requested the exhumation of his grandfather’s remains. The second victim is related to Gustavo Adolfo

18 MYANMAR LEADERS Facts Procedure before the INVESTIGATED OVER On 25 August 2017, a military International Criminal Court ROHINGYA GENOCIDE crackdown started in Myanmar In parallel, proceedings are Aung San Suu Kyi and others against the Rohingya people underway before the International after militants allegedly attacked Criminal Court (ICC). On 14 November police posts in Rakhine State. 2019, a Pre-Trial Chamber of the Context The violent repression forced ICC authorized the Office of the Ongoing proceedings for alleged more than 740’000 civilians to Prosecutor to investigate alleged crimes of genocide and crimes flee massacres, extrajudicialcrimes of deportation, persecution against humanity committed in executions and sexual violence. and any other crime within the ICC’s Myanmar against the Rohingya The United Nations’ independent jurisdiction committed against the people since 2017 international fact-finding mission Rohingya people. This authorization in Myanmar concluded that follows the lawsuit filed by The soldiers systematically used Gambia against Myanmar at the Suspects rape, gang rape and other violent International Court of Justice on 11 Military and civilian leaders, and forced sexual acts against November 2019. including State Counsellor Aung women, girls, boys, men and San Suu Kyi and Army Chief Min transgender people. Aung Hlaing FOLLOW-UP ON OTHER The UN investigators qualified this CASES severe repression as genocide Country of residence and declared that the generals of suspects ▪ MBS: the investigation is at the head of the country’s army ongoing Myanmar must answer charges of genocide in northern Rakhine State as well Charges as accusations of crimes against humanity and war crimes in the Crimes against humanity and states of Rakhine, Kachin and Shan. genocide Procedure in Argentina Current status The Burmese Rohingya Organisation Under investigation UK (BROUK) filed a lawsuit on 13 November 2019 before the Developments in 2020 Argentinian authorities for alleged genocide and crimes against On 29 May 2020, Argentina’s humanity committed against Federal Criminal Chamber 1 the Rohingya people, including opened an investigation against mass killings allegedly committed Myanmar’s leader Aung Sang Suu in August 2017. Kyi and senior military officials over crimes of genocide committed against the Rohingya people.

19 AUSTRIA

MEDIA REVELATION AROUND AUTHORITIES’ ALLEGED PROTECTION OF SYRIAN SUSPECT Khaled H. and others

Context Developments in 2020 Procedure Ongoing investigations into Upon the prosecutor’s request, In 2016, the prosecutorial international crimes committed NGOs submitted additional evidence. authorities reportedly initiated a by the Syrian intelligence services an investigation against Khaled In November 2020, the Austrian H., former General of the General Suspects investigative Kurier Intelligence Services from Raqqa. alleged that in 2015, the Austrian He is suspected of committing High- and mid-ranking officials of Office for the Protection of the international crimes in detention the Syrian intelligence services, Constitution (hereinafter the Office) facilities that were under his including Military Intelligence, Air assisted a former high-level Syrian command. The investigation is Force Intelligence and General Intelligence Officer, Khaled H., ongoing. Intelligence Services–in particular in escaping France. The Office a former General of the General reportedly helped Khaled H. to Austrian authorities have further Intelligence Services from Raqqa relocate to Austria and be granted initiated investigations into several (northeastern Syria), Khaled H. asylum there. other officers of the Syrian intelligence services after 16 Country of residence Facts women and men from Syria filed of suspects a criminal complaint to the Public The investigations concern Prosecutor in Vienna in May 2018. Syria/unknown crimes against humanity and war The group of torture survivors– crimes committed by the Military which included an Austrian citizen Charges Intelligence, Air Force Intelligence –filed the complaint together with the and General Intelligence Services European Center for Constitutional Crimes against humanity and war including murder, extermination, and Human Rights, Syrian lawyers crimes torture, serious bodily harm and Anwar al-Bunni (Syrian Center for deprivation of liberty. Legal Research and Studies) and Current status Mazen Darwish (Syrian Center for Since the beginning of the Media and Freedom of Expression) Under investigation Syrian civil war in 2011, Syrian and the Centre for the Enforcement intelligence services (Air Force of Human Rights International in Intelligence, Military Intelligence, Vienna. Following the submission, General Intelligence Services and the prosecutor heard one of Political Security) have reportedly the complainants and initiated been systematically arresting, a criminal investigation. torturing and killing persons who opposed or were suspected of opposing the Syrian regime. The government’s aim has been to stop the protest movement at the earliest possible stage, and intimidate the population.

20 BELGIUM

SENTENCE OF 25 YEARS CONFIRMED FOR GENOCIDE AND WAR CRIMES Fabien Neretsé

Context Facts The trial of Fabien Neretsé was Neretsé, originally from Ruhengeri, the fifth trial held in Brussels in Rwanda, was an influential figure connection with the 1994 genocide in the regime of Rwandan President in Rwanda. However, it was the Juvénal Habyarimana. He murdered first time that the Brussels Criminal a Belgian citizen, a Claire Beckers, Court had to deal directly with facts as well as her husband Isaiah qualifying as genocide Bucyana and their daughter Katia. All three were killed on 9 April 1994 Suspect in Kigali. Rwandan national; former senior Procedure civil servant Neretsé was indicted in Rwanda on 8 Country of residence August 2007 on counts of genocide. of suspect He was arrested in France on 29 June 2011 and extradited to Belgium France on 30 August 2011.

Charges The trial of Neretsé started on 4 November 2019 with the composition Genocide and war crimes of the jury and the hearings on the merits began on 7 November 2019. Current status Neretsé was on trial for genocide and the war crime of murder, including Sentenced to 25 years’ imprisonment; the murder of Belgium citizen Claire confirmed on appeal Beckers and her family and other attempted . Developments in 2020 On 19 December 2019, the Criminal On 27 May 2020, the Supreme Court found Neretsé guilty of Court upheld the sentence of 25 genocide and war crimes and years’ imprisonment. sentenced him to 25 years’ imprisonment.

21 TRIAL OF TWO ALLEGED Facts INTERAHAMWE MEMBERS Ernest Gakwaya and Emmanuel DELAYED DUE TO COVID-19 Nkunduwimye allegedly participated Ernest Gakwaya and Emmanuel in the 1994 genocide in Rwanda. Nkunduwimye Gakwaya is accused of murdering and raping and moderate Context during the genocide. Ongoing proceedings for alleged crimes of genocide and war Nkunduwimye allegedly committed crimes committed during the murder, attempted murder and 1994 genocide in Rwanda rape during the same period. They were allegedly members of the Interahamwe militia, Suspects the youth organization of the Rwandan nationals, alleged members National Republican Movement of the Interahamwe militia for Democracy and Development, heavily implicated in the 1994 genocide. Country of residence of suspects Procedure Belgium Gakwaya and Nkunduwimye were arrested in March 2011 in Charges Brussels. They denied having been Genocide and war crimes members of the Interahamwe. On 9 October 2019, the Criminal Court Current status decided to sever the cases against Gakwaya and Nkunduwimye from Indicted; placed in pre-trial detention the case against Fabien Neretsé, considering that there was no Developments in 2020 connection between the offenses. The hearings schedule of the Criminal Court was disrupted due to the pandemic. No date has been set yet for the opening of the trial.

22 PRESIDENT OF THE Facts SENATE WALKS During the second Congolese war FREE FOR LACK (1998-2003), Thambwe Mwamba OF JURISDICTION was a member of the rebel group Rassemblement congolais pour Alexis Thambwe Mwamba la démocratie (Movement for the Liberation of Congo, or RCD) led Context by Jean-Pierre Bemba. Closed proceedings for war crimes and crimes against humanity allegedly In October 1998, a plane from committed in the Democratic Republic the company Congo Airline was of the Congo shot down with 50 persons on board. The RCD, through the voice of Thambwe Mwamba, claimed Suspect responsibility for the attack that Congolese national; former Minister caused the plane crash. of Justice and President of the Senate of DRC Thambwe Mwamba explained that the rebels had shot the plane because it was transporting Country of residence pro-government soldiers and of suspect weapons. However, the 50 people Belgium and DRC on board were civilians (mainly women and children) and crew members. Charges Crimes against humanity and war Procedure crimes In June 2017, a complaint for war crimes and crimes against humanity Current status was filed in Belgium against Case closed Thambwe Mwamba by several families of the victims and the Ligue Developments in 2020 congolaise contre la corruption.

On 9 January 2020, the Indictments On 4 September 2018, Thambwe Chamber of the Brussels Court of Mwamba was heard by the Appeal declared the public action investigative judge regarding his against Alexis Thambwe Mwamba involvement in the crimes. inadmissible, due to the lack of territorial jurisdiction of the Belgian courts. An appeal was lodged and rejected by the Supreme Court on 10 April 2020. This case is therefore definitively closed.

23 THREE GENOCIDE Developments in 2020 SUSPECTS ARRESTED The three accused were charged with IN BRUSSELS serious violations of international Pierre Basabose, Séraphin humanitarian law on 30 September Twahirwa and Christophe 2020. Three arrest warrants were Ndangali issued. Basabose and Twahirwa are currently detained in Belgium. Ndangali currently benefits from Context surveillance under electronic Ongoing proceedings against three bracelet. They will be tried in Belgium. suspects of international crimes committed during the 1994 genocide in Rwanda Facts Basabose is suspected of having Suspects financed genocidal propaganda. Three Rwandan nationals: Pierre Basabose, businessman, close to Twahirwa led an Interahamwe the Rwandan government; Séraphin militia (the youth organization of Twahirwa, leader of an Interahamwe the National Republican Movement militia; and Christophe Ndangali, for Democracy and Development) teacher and intellectual allegedly responsible for massacres of Tutsis in a central region of Rwanda.

Country of residence Ndangali, a teacher and an of suspects intellectual, allegedly participated Belgium in the exclusion of Tutsis from the school system and called for the extermination of Tutsis. Charges Crimes under international humanitarian law

Current status Under investigation; detained and under judicial surveillance

24 LIBERIAN VICTIMS STILL Current status FOLLOW-UP ON OTHER WAITING FOR JUSTICE Under investigation; under house CASES Martina Johnson arrest; indicted ▪ T.K. and N.B. (Rwandan nationals): the investigation Context Developments in 2020 is ongoing. Due to the The Martina Johnson case The investigation is ongoing, and pandemic, no date has yet constitutes the first arrest and several procedural acts were been set for the opening of indictment for war crimes and undertaken throughout the year. their trial crimes against humanity allegedly An international rogatory letter is committed during the first Liberian expected to be executed soon in civil war (1989-1996). Liberia.

Liberia’s former President, Charles Facts Taylor, was sentenced by the Johnson was allegedly actively Special Court for Sierra Leone involved in Operation Octopus on 30 May 2012 to 50 years in launched by Taylor and his NPFL prison (confirmed on appeal on troops in October 1992. This 10 December 2013) for the crimes offensive against the government he committed during the Sierra and the peacekeeping forces was Leone civil war in the 1990s. aimed at taking over Liberia’s However, he was not prosecuted capital, Monrovia, and resulted in for the crimes committed in the deaths of hundreds of civilians, Liberia by his troops, the National many of whom were targeted for Patriotic Front of Liberia (NPFL) ethnic reasons.

Suspect Procedure Martina Johnson, a former frontline In 2012, three Liberian victims, commander of the NPFL, who assisted by the NGOs Civitas was allegedly Taylor’s chief of Maxima and its Liberian sister artillery during Operation Octopus organization the Global Justice in October 1992 and Research Project, filed a complaint in Belgium against Country of residence Johnson for her alleged direct of suspect participation in mutilations and Belgium mass killings during Operation Octopus in October 1992. Johnson was arrested on 17 September Charges 2014 in Gent, Belgium based on War crimes and crimes against documentation collected by the humanity, including mutilation two NGOs. She was released on 4 and mass killings May 2015 and placed under house arrest.

25 FINLAND

SIERRA LEONEAN REBEL ARRESTED FOR CRIMES IN LIBERIA Gibril Massaquoi

Context Facts Ongoing trial for alleged crimes Massaquoi held a leading position including murders, sexual violence within the RUF–a Sierra Leonean and the recruitment and use of rebel group which had close ties to child soldiers committed in Liberia former Liberian President Charles On the basis of indications that he was during the second Liberian civil war Taylor’s National Patriotic Front of present in Finland, Civitas Maxima and (1999-2003) Liberia (NPFL). The RUF invaded the GJRP submitted information to the Sierra Leone in March 1999, with authorities in Finland in 2018 regarding Suspect support from the NPFL, in an attempt Massaquoi’s alleged involvement in to overthrow the Joseph Momoh mass atrocities in Liberia. Following Sierra Leonean national; former government. The NPFL and RUF a preliminary investigation, Finland’s Lieutenant-Colonel of the Revolutionary stayed closely connected throughout General Prosecutor issued an order to United Front (RUF); spokesperson the Sierra Leonean civil war. proceed with the case. and assistant to the group’s founder, Foday Sankoh Procedure Finnish police investigators visited Liberia on several occasions since Country of residence In 2002, the Special Court for Sierra early 2019 to hear witnesses in of suspect Leone (SCSL) was established. cooperation with Liberian authorities. Massaquoi offered to collaborate, Finland and became a top informer for the prosecution, testifying against his Charges former colleagues. In 2009 and 2012 respectively, the SCSL convicted War crimes and crimes against three former senior leaders of the humanity including murders, sexual RUF and Taylor for war crimes and violence and the recruitment and crimes against humanity committed use of child soldiers in Sierra Leone. Massaquoi was not charged with any crimes by the SCSL. Current status As part of their regular investigation On trial and documentation efforts, Geneva- based NGO Civitas Maxima and Developments in 2020 its Liberian sister organization, the Global Justice and Research On 10 March 2020, Gibril Massaquoi Project (GJRP), found evidence that was arrested by Finnish police in Massaquoi had allegedly committed, Tampere, Finland on suspicion of war overseen and ordered international crimes and crimes against humanity, crimes in Liberia. including murders, sexual violence and the recruitment and use of child soldiers. His trial opened on 1 February 2021.

26 TRIAL OF TWIN BROTHERS Facts The appeal trial started on 11 September 2018 but was ENDS WITH AN ACQUITTAL In June 2014, 1’700 unarmed postponed until further notice DUE TO INSUFFICIENT Iraqi army recruits were arrested due to arrangements regarding at Camp Speicher, near Tikrit, EVIDENCE hearings of witnesses in Iraq. by members of ISIS. The victims Iraqi twin brothers The Court of Appeal decided that were laid on the ground and shot the main hearings would not be one by one. The twin brothers formally opened before these Context were alleged to have murdered 11 witnesses were heard “outside of them. Closed proceedings against Iraqi the main hearing”. twin brothers for their alleged implication in the Camp Speicher Procedure Prosecution and defense witnesses massacre near Tikrit, Iraq in June The Iraqi twin brothers entered were heard in September 2019 in 2014 Finland in September 2015 as Iraq, in the presence of one defense asylum seekers. They were lawyer and the prosecutor. The court Suspects arrested by the National Bureau and the accused were in Finland of Investigation on suspicion of and followed the hearings through Iraqi nationals and alleged Islamic videoconference. State (ISIS) fighters involvement in the Camp Speicher massacre.

Country of residence Their trial started on 13 December of suspects 2016 before the Pirkanmaa District Finland Court. On 30 November 2016, they were charged with war crimes, murder and assault with terrorist Charges intent. The prosecution sought life War crimes, murder and aggravated imprisonment for the defendants, assault committed with terrorist both of whom had pleaded not intent guilty. On 24 May 2017, the Court acquitted the Iraqi twin brothers due to lack of evidence. They Current status were granted compensation for Acquitted; confirmed on appeal; their pre-trial detention. The two case closed were allowed to reside in Finland. The prosecution appealed this Developments in 2020 judgment. In February 2020, the Court of Appeal dismissed the charges, on the ground that there was not sufficient evidence for a conviction. The case is definitively closed.

27 FRANCE

FORMER REBEL LEADER ARRESTED IN PARIS Roger Lumbala

Context Facts Ongoing proceedings for complicity in In 2003 the United Nations published crimes against humanity committed a report implicating the RCD-N in during the second civil war in the crimes against humanity, including Democratic Republic of the Congo rape, summary executions, mutilation (1998-2003) and cannibalism duringa the second civil war in the DRC. Suspect Lumbala is accused of crimes that Congolese national; former leader of took place between 2000 and 2003 the Rassemblement congolais pour la in the provinces of Ituri and Haut- démocratie-National (Congolese Rally Uélé (northeastern DRC). At the for National Democracy, or RCD-N) time, Lumbala was the leader of the RCD-N. Country of residence of suspect Procedure DRC The Office of the Prosecutor of the French Specialized Unit for the Charges prosecution of genocide, crimes against humanity, war crimes and Complicity in crimes against humanity torture within the Paris Tribunal (integrated in 2019 within the Current status newly created French National Anti- Terrorist Prosecution Office) opened Under investigation; detained an investigation against Lumbala in 2016. Developments in 2020 Roger Lumbala was arrested on 29 December 2020 in Paris. On 2 January 2021, he was indicted for his alleged participation in a group formed with a view to the preparation of crimes against humanity and complicity in crimes against humanity.

28 FORMER SECRET Facts SERVICE AGENT UNDER Since the beginning of the Syrian JUDICIAL SUPERVISION civil war in 2011, Syrian intelligence Abdulhamid A. services have reportedly been systematically arresting, torturing and killing opposition activists. Context As a former member of the GIS, Ongoing joint investigation in France Abdulhamid A. is suspected of having and Germany for crimes against participated in crimes committed by humanity and torture allegedly the Syrian regime against the civilian committed by Syrian officials in population between 2011 and 2013. Syria between 2011 and 2013 Procedure Suspect On 12 February 2019, the French Syrian national; former member of authorities arrested Abdulhamid the General Intelligence Services A. in the Paris region on suspicion (GIS), one of the four Syrian of crimes against humanity. On the intelligence agencies same day, the German authorities arrested two other former GIS officials, Anwar R. and Eyad A., in Country of residence Germany (see p. 48). The arrests of suspect were coordinated by a joint French- France German investigative unit.

On 15 February 2019, Abdulhamid Charges A. was indicted by the investigative Crimes against humanity judges of the French Specialized Unit for the prosecution of genocide, Current status crimes against humanity, war crimes and torture within the Paris Under investigation Tribunal (integrated in 2019 within the newly created French National Developments in 2020 Anti-Terrorist Prosecution Office), and placed in pre-trial detention. On 13 February 2020, Abdulhamid A. was released from pre-trial detention and placed under judicial supervision until the end of the investigation.

29 WITNESSES COME Facts In October 2018, in an unprecedented step towards accountability for FORWARD AGAINST In November 2013, Patrick Dabbagh crimes committed in Syria, French HIGH-RANKING and his father Mazen Dabbagh, both judges issued international arrest dual French-Syrian nationals, were SYRIAN OFFICIALS warrants against Mamluk, Hassan arrested in their home in Damascus Ali Mamluk, Jamil Hassan and and Salam Mahmoud. Mamluk by Syrian Air Force Intelligence Abdel Salam Mahmoud and Hassan, also subject to an agents and detained for interrogation arrest warrant issued in Germany at the Mezzeh detention center. earlier in 2018, are both wanted Context Neither one has been seen since. In for complicity in crimes against summer 2018, the Dabbagh family Ongoing investigation for international humanity, torture and enforced received formal notification from the crimes committed in Syria in 2013 disappearances. Mahmoud, in Syrian authorities that Patrick and charge of the Air Force Intelligence Mazen Dabbagh had died. According Service at the Mezzeh military Suspects to the United Nation’s Commission airport, is wanted on war crimes of Inquiry, Mezzeh has one of the Ali Mamluk, Director of the National charges as well as complicity in highest mortality rates in Syria. Security Bureau; Jamil Hassan, Head crimes against humanity, torture of the Syrian Air Force Intelligence; and enforced disappearances. and Abdel Salam Mahmoud, Procedure Director of an investigative branch of the Syrian Air Force Intelligence On 24 October 2016, a complaint was filed before the Paris Tribunal by Obeida Dabbagh, a Syrian- Country of residence French national, on behalf of of suspects his nephew and brother, Mazen Syria and Patrick Dabbagh, together with the International Federation for Human Rights (FIDH) and its Charges member organization in France Complicity in crimes against humanity, the Ligue des Droits de l’Homme. torture and enforced disappearances; war crimes An ongoing judicial investigation into torture, crimes against humanity and enforced disappearances Current status before the French Specialized Unit Under investigation for the prosecution of genocide, crimes against humanity, war Developments in 2020 crimes and torture within the Paris Tribunal (integrated in 2019 within The investigation is ongoing. Syrian the newly created French National survivors of the Mezzeh detention Anti-Terrorist Prosecution Office) center in Damascus were heard by has resulted in the issuance of three the investigative judge throughout international arrest warrants against the year. high-ranking regime officers.

30 CRIMINAL INVESTIGATION French photojournalist Remi TRIES TO ESTABLISH Ochlik and American war crimes THE CHAIN OF COMMAND correspondent Marie Colvin were both killed in the attack. Several The Remi Ochlik, Marie Colvin other journalists were injured and Edith Bouvier investigation in the attack, including French journalist Edith Bouvier as well as Context Syrian and British journalists who were using the center as a base Ongoing investigation into the to report on the events in Homs in murder of French, Syrian and early 2012. British journalists during an army bombardment of a media center in Syria in 2012 Procedure This case was originally opened Suspects in 2012 as a case but was reclassified in 2014 as a war Several Syrian army officials crimes case.

Country of residence The families of Ochlik and Colvin of suspects are civil parties in the case, together with French, Syrian and British Unknown journalists injured in the attack, the International Federation for Human Charges Rights (FIDH) and Reporters without Borders. War crimes On 9 April 2018, documents filed Current status in a US civil case concerning Under investigation Colvin’s death were declassified. They allegedly demonstrate the premeditated nature of the Syrian Developments in 2020 army bombardment of the media The investigative judges have center in Homs that led to the collected witness testimonies death of Colvin and Ochlik, and regarding the chain of command to the injuries to several others of the Fourth Division of the Syrian including Bouvier, Paul Conroy and Military. Wael al Omar. These documents have been filed in the ongoing war crimes investigation in France. Facts The investigation is ongoing. On 22 February 2012, a Syrian army bombardment in Baba Amr (Homs) On 30 January 2019, the United led to the deaths or serious injury of States District Court in Washington several journalists operating from a held Syria’s government liable for media center based there. the targeting and killing of Colvin and awarded a compensatory 302 million USD to her relatives.

31 ISIS FIGHTERS Facts INVESTIGATED FOR In August 2014, ISIS fighters invaded CRIMES AGAINST YAZIDIS Mount Sinjar, the stronghold of the Sabri Essid and Nabil Greseque Yazidis, a Kurdish-speaking religious minority in northern Iraq. Thousands were killed and thousands of women Context and teenage girls were kidnapped Ongoing proceedings against two and sexually enslaved. Islamic State (ISIS) fighters accused of genocide and crimes against Procedure humanity committed against Yazidis In 2016, the prosecutor from the French Specialized Unit for the Suspects prosecution of genocide, crimes Sabri Essid and Nabil Greseque against humanity, war crimes and torture within the Paris Tribunal (integrated in 2019 within the Country of residence newly created French National of suspects Anti-Terrorist Prosecution Office) Unknown opened a preliminary investigation into alleged genocide and crimes humanity perpetrated by ISIS Charges against the Yazidi community in Genocide and crimes against Syria and Iraq. humanity committed in Syria against Yazidis between 2014 and 2016 In 2018 and 2019, the International Federation for Human Rights (FIDH) Current status legally represented Yazidi survivors who gave their testimonies to Under investigation; international the investigators, denouncing the arrest warrant issued for Essid participation of French citizens in the crimes they suffered. Developments in 2020 On 25 October 2019, the French In February 2020, an international Anti-terrorist Prosecution Office arrest warrant was issued for opened an investigation against Essid for genocide and crimes Essid for crimes against humanity. against humanity, following the FIDH is representing two Yazidi opening of a judicial investigation survivors. against him in October 2019.

On 10 July 2020, a judicial investigation was opened against Greseque for genocide and crimes against humanity committed in Syria against Yazidis between 2015 and 2016.

32 Active personality CIVIL PARTIES Developments in 2020 On 15 November 2016, 11 former CHALLENGE REVOCATION Lafarge Syrian employees and The appeal filed against the 24 the human rights groups Sherpa OF INDICTMENT October and 7 November 2019 and the European Center for Lafarge SA–Eric Olsen and others decisions of the Investigation Constitutional and Human Rights Chamber of the Paris Court of (ECCHR) filed a criminal complaint Context Appeals is ongoing before the as civil parties in Paris against Supreme Court. The hearings Lafarge, Lafarge Cement Syria Proceedings against the cement should take place in 2021. company Lafarge SA (now Lafarge- and their current and former Holcim) for financing terrorism, top executives, for financing of complicity in crimes against humanity Facts terrorism, complicity in crimes against humanity committed in committed by armed groups in Syria Lafarge owned and ran a cement Syria, endangerment of people’s (including the Islamic State, or ISIS), factory in Jalabiya, northern Syria. lives and for a series of labor deliberate endangerment of people’s From 2012 on, several armed groups rights violations. lives and violation of an embargo started to operate in the factory’s area. The company allegedly On 9 June 2017, three investigative entered into negotiations with ISIS Suspects judges of the Paris Tribunal to purchase oil and pozzolan (a opened an investigation into the Former directors, including top material used to make concrete) crimes alleged by the plaintiffs. executives, of the French-Swiss from them, as well as to obtain In September 2017, three of the LafargeHolcim group (the crimes official ISIS passes for crossing victims were heard by one of the were allegedly committed by the checkpoints in order to maintain its investigative judges. French company Lafarge prior to production in the area. Testimonies its 2015 merger with Swiss-based also point to Lafarge risking the Between December 2017 and May Holcim) and of its subsidiary Lafarge lives of its employees, who suffered 2018, eight former executives, Cement Syria. The suspects are kidnappings and extortion, and including former CEOs of the French and Norwegian nationals violating a number of basic labor group, were charged with financing rights. The company allegedly terrorism and endangerment of worked out “arrangements” with Country of residence people’s lives amongst other charges, armed groups like ISIS around the of suspects and were requested to provide the factory from 2012-2015 amounting France and Switzerland courts with a deposit of several to at least 13 million EUR, according million euros. In September 2019, to the judicial inquiry. Charges a Syrian-Canadian alleged former intermediary between the company Financing of a terrorist enterprise, Procedure and ISIS suppliers was also charged. complicity in crimes against humanity, In September 2016, the French deliberate endangerment of people’s On 28 June 2018, three investigative Minister of Finance filed a complaint lives and violation of the European judges of the Paris Tribunal indicted before the Paris prosecutor against Union embargo on oil purchases the legal entity Lafarge SA (now LafargeHolcim for its alleged illegal LafargeHolcim) with complicity in purchase of oil in Syria, despite Current status crimes against humanity, financing the EU embargo issued in 2012. a terrorist enterprise, endangerment Under investigation The Paris prosecutor opened an of people’s lives and violation of an investigation in October 2016. embargo. The investigative judges ordered LafargeHolcim to hand over 30 million EUR to the judicial authorities as a security deposit ahead of a possible trial.

33 On 24 October 2019, the Investigation Chamber of the Paris Court of Appeals rejected the admissibility of Sherpa and the ECCHR as civil parties.

On 7 November 2019, the Court of Appeals confirmed the indictments of Lafarge executives and of the Lafarge company itself for financing a terrorist enterprise, endangerment of people’s lives and violation of an EU embargo. However, the Court revoked the indictment of the company for complicity in crimes against humanity.

In November 2019, Sherpa and the ECCHR appealed both decisions from the Paris Court of Appeals to the French Supreme Court. The defense also appealed the 7 November decision. All parties filed their respective briefs in 2020.

34 Active personality INVESTIGATION Facts Procedure TARGETS FRENCH BANK From 2002 to 2008, BNPP was On 26 September 2019, nine OVER COMPLICITY IN the primary foreign bank of the Sudanese victims, supported by INTERNATIONAL CRIMES Sudanese government. During the International Federation for this time, Sudanese government Human Rights (FIDH) and Project BNP Paribas forces and its militia called the Expedite Justice, filed a criminal Janjaweed were engaged in an complaint against BNPP before the Context armed conflict with rebel groups. investigative judges of the Paris Ongoing proceedings in France They systematically targeted Tribunal. The complaint alleges regarding the alleged complicity civilians belonging to the same that by providing banking services of BNP Paribas (BNPP) in crimes non-Arab ethnic groups as the to the Sudanese government while committed by the Sudanese rebels (particularly the Masalit, Sudan was subject to international government against its citizens Fur and Zaghawa), in Darfur and sanctions for committing crimes between 2002 and 2008 other areas. Government forces against its civilians, the bank and and allied militia killed, tortured, its senior staff became complicit in detained, forcibly displaced, raped these crimes. Suspects and assaulted tens of thousands BNPP as a company and its senior of civilians. staff as individuals These crimes, said to amount to genocide and crimes against Country of residence humanity, were allegedly facilitated of suspects by BNPP through its provision of France credit facilities, access to foreign financial markets and petrol exports to the Sudanese government. This Charges alleged responsibility is compounded Crimes against humanity, torture, by the fact that Sudan was subject to genocide and financial crimes, sanctions from the United Nations, including money laundering and the European Union and individual handling the proceeds of crime States, increasing the government’s reliance on the services provided by Current status BNPP. Under investigation

Developments in 2020 On 26 August 2020, a judicial investigation was opened into BNPP’s alleged role in mass atrocities in Sudan before the French Anti-Terrorist Prosecution Office.

35 INVESTIGATION IN SLOW Facts In January 2013, five Libyan victims joined the proceedings as civil MOTION INTO SPYING In 2007, the company Amesys signed parties. They were heard in June DEVICE SALE a contract with the government and July 2013 by the investigative of Libya to provide surveillance Amesys judge. Another Libyan victim joined technologies for the purposes of the case and was heard on 11 intercepting communication and December 2015. In March 2016, it Context processing and analyzing data. was revealed that new evidence This technology allegedly allowed Ongoing proceedings for allegedly consisting of dozens of documents the Gaddafi regime (1969-2011) to aiding and abetting crimes of from Muammar Gaddafi’s security repress the opposition and to commit torture committed in Libya under services had come to light, reportedly serious human rights abuses. Muammar Gaddafi’s regime showing the regime’s extensive use of the surveillance technologies Suspect Procedure provided by Amesys to track, arrest and torture political opposition. Amesys as a company On 19 October 2011, the International Federation for Human Rights (FIDH) lodged a On 30 May 2017, Amesys was Country of residence criminal complaint as a civil party formally assigned the status of of suspect before the investigative judge at assisted witness (témoin assisté) for complicity in torture committed France the Paris Tribunal against Amesys and its management, denouncing in Libya between 2007 and 2011. their alleged role as accomplices Charges in acts of torture and other cruel, Complicity in torture as a result inhumane or degrading treatment of selling surveillance material to in Libya, on the basis of universal Muammar Gaddafi’s regime in Libya jurisdiction.

Current status On 26 March 2012, the Office of the Prosecutor at the Paris Tribunal Under investigation issued an order not to open a criminal investigation, arguing that Developments in 2020 there were insufficient grounds to open an investigation. However, the A judicial request for cooperation investigative judge decided on 23 was sent to the Libyan judiciary in May 2012 to open a formal criminal order to interrogate key witnesses. investigation. On 15 January 2013, the Paris Court of Appeal decided to allow the investigation to proceed.

36 IRAQI FUGITIVE SOON Facts On 6 March 2018, El Aswadi was arrested in Lisieux (Normandy). TO BE EXTRADITED El Aswadi is suspected of having After two days in police custody, participated in the massacre Ahmed Hamdane El Aswadi he was indicted for criminal at Camp Speicher, a military conspiracy, murder in connection base near Tikrit, Iraq. In June with a terrorist enterprise and Context 2014, armed men abducted and war crimes of inhumane and executed hundreds of young army Ongoing investigation for war degrading treatment and of using recruits, mainly Shiites, killing crimes and murder committed in prohibited means and methods up to 1’700 people. Based on the Iraq in 2014 of warfare. He was subsequently testimony of other suspects, the placed in pre-trial detention. Iraqi authorities claim that El Suspect Aswadi personally executed 103 Iraqi national; suspected member soldiers. The accused denies all of the Islamic State (ISIS) involvement in the alleged crimes. The accused arrived in France Country of residence in the summer of 2016. He of suspect was granted refugee status in June 2017. This protection was France removed after his arrest.

Charges Procedure Inhumane and degrading treatment In the summer of 2017, the French as war crimes and violations of the intelligence services identified El 1949 Geneva Conventions; criminal Aswadi as an alleged ISIS member conspiracy; murder in connection and reported his presence to the with a terrorist enterprise judicial authorities.

Current status In November 2017, the Office of the Prosecutor of the French Specialized Under investigation; under extradition Unit for the prosecution of genocide, proceeding crimes against humanity, war crimes and torture within the Developments in 2020 Paris Tribunal (integrated in 2019 within the newly created French Due to the coronavirus pandemic, National Anti-Terrorist Prosecution Ahmed Hamdane El Aswadi was Office) requested the opening of an freed from detention and placed investigation against El Aswadi. This under judicial surveillance in May is the first case to be investigated 2020. He fled to Germany, where jointly by the anti-terrorism and the he reported to a police station specialized units. and was placed under extradition proceeding.

37 PRE-TRIAL DETENTION Facts Anti-Terrorist Prosecution Office). On 17 June 2019, Nouri and two LIFTED DUE TO PANDEMIC Nouri was the leader of the other persons were arrested by Chadian rebel group UFDD. He Mahamat Nouri the French police on suspicion of allegedly initiated a series of crimes against humanity. Nouri attacks against government appeared on 21 June 2019 before Context positions in eastern Chad in the investigative judges who autumn 2006. After the failure Ongoing proceedings against a indicted him for crimes against of peace talks in 2007, Nouri rebel group leader for complicity in humanity and participation in a reportedly launched an attack on crimes against humanity allegedly criminal organization in order to the capital N’Djamena in February committed in Chad and Sudan commit crimes against humanity. between 2005 and 2010 2008. He was repelled after days Nouri is suspected of having of heavy fighting by the army with ordered recruitments of fighters, the backing of French troops. Suspect including child soldiers, between 2005 and 2010 in Chad and Mahamat Nouri is a Chadian politician; In 2010, Nouri and two other Sudan. He was placed in pre-trial former associate of Hissène Habré rebel chiefs were expelled from detention. and Idriss Déby, then leader of the Sudan, where they had based their operations, after Sudan and Union of Forces for Democracy and Procedure in Chad Development (UFDD) Chad normalized their diplomatic relations. Nouri fled to Libya, Charges against Nouri were filed where the UFDD had established in May 2013 in Chad. The same Country of residence bases on the northern border with year, the Chadian Ministry of of suspect Chad. He was expelled from Libya Justice issued an international France to Qatar in 2010 before arriving in arrest warrant against Nouri. France a year later. Charges Procedure in Libya Procedure in France Crimes against humanity and On 3 January 2019, the Prosecutor participation in a criminal organization On 18 January 2017, the French of the Court of Tripoli, Libya in order to commit crimes against authorities imposed a six-month issued an international arrest humanity freeze on Nouri’s financial assets. warrant against Nouri and 23 In May 2017, on the basis of a other Chadians for their alleged referral by the French Office for involvement in attacks in eastern Current status the Protection of Refugees and and southern Libya. Under investigation Stateless Persons and following a rejection of his asylum requests Developments in 2020 on the basis of Article 1F of the 1951 Refugee Convention, On 27 March 2020, Mahamat Nouri an investigation into Nouri’s was released from detention on alleged crimes was opened at the sanitary grounds, due to the covid-19 French Specialized Unit for the pandemic. He benefited from a prosecution of genocide, crimes health precautionary measure due against humanity, war crimes and to his age (he was 73 years old at torture within the Paris Tribunal the time of the decision). The judge (integrated in 2019 within the ordered his judicial supervision. newly created French National

38 ANTI-BALAKA LEADER Facts ARRESTED AND CHARGED Bagale was a “Liberator”, the name Eric Danboy Bagale given to supporters of General François Bozizé who brought him to power in 2003, after overthrowing Context President Ange-Félix Patassé. A Ongoing proceedings for war crimes, member of the Gbaya ethnic group, crimes against humanity, torture Bagale had become a senior official and enforced disappearances in the in the anti-Balaka militias. These Central African Republic between armed groups were formed to fight 2007 and 2014 the Séléka militias, an alliance of rebels from the Muslim-majority North of the Central African Republic, Suspect which ousted President Bozizé from Central African national; former power in 2013. head of the Presidential guard turned militia leader The numerous massacres perpetrated by both sides have plunged the country Country of residence into a violent civil war. According to of suspect the United Nations, which accused both sides of war crimes, between France 3’000 and 6’000 people died, mostly civilians, between 2013 and 2015. Charges According to the prosecution, Bagale War crimes, crimes against humanity, arrived in France in 2014. He fled torture, enforced disappearances and the Central African Republic with complicity in these crimes relatives of President François Bozizé. France and Monaco have Current status frozen Bagale’s assets, accusing him of working “to destabilize the Central Under investigation; detained African Republic” and attempting “to commit an act of terrorism”. Developments in 2020 Eric Danboy Bagale was arrested in France on 15 September 2020 and indicted on 18 September 2020 for war crimes, crimes against humanity, torture, enforced disappearances and complicity in these crimes in the Central African Republic between 2007 and 2014.

39 LIBERIAN REBEL GROUP On 26 November 2020, the SUSPECT FREED, THEN investigative judge issued a closing RETURNED TO DETENTION order ordering Kunti K. to be sent to trial for crimes of torture, barbaric Kunti K. acts and complicity in torture and aggravated acts of barbarism. Context Ongoing proceedings for international Facts crimes allegedly committed in Liberia Kunti K. allegedly committed crimes between 1993 and 1997 against humanity between 1993 and 1997 as commander of the Suspect ULIMO, during the first Liberian civil war (1989-1996). In his capacity as Alleged commander in the United ULIMO commander, Kunti K. allegedly Liberation Movement of Liberia for committed murder, enslavement, Democracy (ULIMO), a rebel group torture, cannibalism and used child fighting against former Liberian soldiers. President Charles Taylor’s National Patriotic Front of Liberia Procedure Country of residence On 23 July 2018, the NGO Civitas of suspect Maxima launched a complaint in the name of Liberian victims before The Netherlands and France the French Specialized Unit for the prosecution of genocide, crimes Charges against humanity, war crimes and torture within the Paris Tribunal Torture, barbaric acts and complicity (integrated in 2019 within the newly in these crimes created French National Anti- Terrorist Prosecution Office). Current status On 4 September 2018, Kunti K. Pending trial; placed under judicial was arrested by the French police. supervision Kunti K. was remanded in custody. On 6 September 2019, Kunti K. was Developments in 2020 released from pre-trial detention In early January 2020, Kunti K. after a procedural error. was returned to prison after failing to fulfill an obligation related to his release, namely to live at an address known to and agreed upon by the judge.

40 JAYSH AL-ISLAM Facts SPOKESPERSON Alloush, senior official and ARRESTED IN MARSEILLE spokesperson for Jaysh al-Islam, Islam Alloush was allegedly involved in the forced enlistment of children in the armed group, kidnapping and Context torture. Ongoing proceedings against a Jaysh al-Islam is also suspected senior official of Jaysh al-Islam, of being involved in the abduction an armed group mainly active and enforced disappearance of in Eastern Ghouta (suburbs of human rights defenders Razan Damascus, Syria), for crimes Zaitouneh, Nazem Al-Hammadi committed between 2011 and and Wael Hamada; and the 2018 political activist Samira Al-Khalil.

Suspect Procedure Islam Alloush, also known as On 26 June 2019, the Syrian Majdi Mustafa Ne’ma, former Center for Media and Freedom spokesperson of Jaysh al-Islam of Expression, the International Federation of Human Rights (FIDH) Country of residence and its member organization in of suspect France the Ligue des droits de France l’Homme filed a complaint against Alloush for crimes committed by Jaysh al-Islam. Charges War crimes, torture, enforced disappearances and complicity in these crimes

Current status Under investigation

Developments in 2020 On 29 January 2020, Alloush was arrested in Marseille and subsequently indicted.

41 Active personality CIVIL PARTIES TRAVEL mass murders. After the genocide, TO RWANDA TO GATHER Hategekimana fled to France EVIDENCE where he obtained citizenship. Philippe Hategekimana Procedure

Context In June 2015, the Collectif des Parties Civiles pour le Rwanda (CPCR) filed a Ongoing proceedings for crimes complaint against Hategekimana allegedly committed during the before the Paris Tribunal. The 1994 genocide in Rwanda CPCR alleged Hategekimana was involved in committing atrocities Suspect during the genocide. In September 2015, an investigation was opened. Philippe Hategekimana is a dual The investigative judge issued an French-Rwandan citizen and a international arrest warrant. former police officer Hategekimana was arrested in Country of residence Yaoundé, Cameroon on 30 March of suspect 2018. France has requested his extradition to try him before a France French court.

Charges In February 2019, Cameroon accepted the extradition request. Hategekimana Genocide was brought before the investigative judges on 15 February 2019, indicted Current status and placed in pre-trial detention. He Under investigation; detained denied the charges.

Developments in 2020 Hategekimana is detained near Paris. The investigation is ongoing. The civil parties traveled to Rwanda in December 2020 to collect evidence.

Facts Hategekimana is suspected of having participated in the genocide against Tutsis in Rwanda in 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

42 THREE UPCOMING Facts Laurent Bucyibaruta TRIALS RELATED TO THE Rwamucyo was the head of the GENOCIDE IN RWANDA Center of Public Health of the Context Eugène Rwamucyo University of Butare in 1994. He Pending proceedings against a is accused of having supervised Rwandan prefect for crimes the of Tutsi victims and of Context committed during the 1994 genocide finishing off those already injured in Rwanda Pending proceedings for crimes in the Butare prefecture. committed during the 1994 Suspect genocide in Rwanda Procedure Former prefect of Gikongoro and On 23 April 2007, the Collectif Suspect head of the prefectural committee des parties civiles pour le Rwanda of the Interahamwe movement Rwandan citizen, former head of (CPCR) lodged a complaint (the youth organization of the the Center of Public Health of the against Rwamucyo for his alleged National Republican Movement for University of Butare, Rwanda participation in the genocide. On 18 Democracy and Development) July 2007, the Prosecutor of Lille opened a judicial investigation, which Country of residence was transferred to investigative Country of residence of suspect judges of the Paris Tribunal in of suspect France November 2007. CPCR was admitted France as a civil party in the case at the opening of the investigation. The Charges International Federation of Human Charges Genocide and crimes against Rights (FIDH) also became a civil Genocide and crimes against humanity humanity party in 2010. Current status Current status Rwamucyo was indicted by the investigative judges on 18 Referred to the Criminal Court; referral Pending trial September 2013, and placed under appeal under judicial supervision. Developments in 2020 Developments in 2020 On 19 December 2018, the On 7 April 2020, the prosecution investigative judge informed the On 7 October 2020, a hearing issued its final submission requesting parties that he had completed his took place before the Paris Court that Eugène Rwamucyo be sent to trial investigation. of Appeal, following the appeals on charges of genocide and crimes lodged by the accused and by against humanity. civil parties against the referral of the case to the Paris Criminal On 13 October 2020, the investigative Court. On 21 January 2021, the judge referred the case to the Court of Appeal confirmed the Paris Criminal Court for complicity referral of the case, changing in genocide and crimes against the charges from complicity to humanity. direct perpetration of genocide for certain criminal facts, and adding others which had been rejected by the investigative judge.

43 Facts Bucyibaruta was arrested again Current status on 5 September 2007 and placed Pending trial As prefect of Gikongoro, Laurent under judicial supervision after Bucyibaruta allegedly delivered the issuance of the arrest warrant public speeches urging the Developments in 2020 by the ICTR. On 9 May 2017, the population to attack and The trial, initially scheduled from investigative judge informed the kill Tutsis on many occasions parties that he had completed his 29 September to 26 October 2020 between December 1993 and investigation. was delayed due to the covid-19 April 1994. He is also accused pandemic. It should be held at the of having ordered massacres of On 4 October 2018, the prosecution Paris Criminal Court in 2021. Tutsis and moderate Hutus in issued its final submission various locations in the Gikongoro requesting that Bucyibaruta Facts prefecture, and of having ordered be sent to trial on charges of Claude Muhayimana is alleged to the rape and murder of women genocide and crimes against have driven Hutu militias to several and girls in various locations. humanity. On 24 December 2018, the investigative judges referred attack locations while he was the driver for the Kibuye Guesthouse. Procedure before the the case to the Paris Criminal Court for complicity in genocide He was allegedly involved in the International Criminal attack on the Nyamishaba school Tribunal for Rwanda and crimes against humanity. The accused appealed the referral. (Kibuye district) in April 1994, and The International Criminal Tribunal in the massacres of Tutsi civilians for Rwanda (ICTR) indicted who had found refuge in Karongi, Bucyibaruta on 16 June 2005 for Active personality Gitwa and Bisesero between April incitement to genocide, genocide Claude Muhayimana and June 1994. and complicity in genocide, as well as crimes against humanity Context Muhayimana is also accused of including extermination, murder participating in killings carried out and rape. Ongoing proceedings for crimes in the Kibuye church on 17 April allegedly committed during the 1994 and in a stadium the following In August 2007, the ICTR issued an 1994 genocide in Rwanda day. Both massacres resulted in the arrest warrant requesting that the death of thousands of victims. French government detain him. Suspect On 20 November 2007, the ICTR Naturalized French citizen, originally Procedure referred the case to the French from Rwanda authorities. On 13 December 2011, the Rwandan judicial authorities issued Country of residence an international arrest warrant Procedure in France of suspect against Muhayimana for his alleged On 5 January 2000, the International participation in the genocide. The France Federation of Human Rights (FIDH) and Rwandan authorities also requested its member organization in France, the his extradition from France. Ligue des Droits de l’Homme, lodged Charges a complaint against Bucyibaruta Complicity in crimes against On 26 February 2014, the French for his alleged participation in the humanity and genocide Supreme Court ruled that Muhayimana genocide. The Prosecutor of Troyes could not be extradited because questioned and detained Bucyibaruta Rwanda’s request was based on laws on 3 May 2000. He was released on 20 passed after the alleged crimes took December 2000. place.

44 On 9 April 2014, Muhayimana was FOLLOW-UP ON OTHER arrested in Rouen following a CASES complaint filed in June 2013 by the Collectif des Parties Civiles pour ▪ Serubuga: the investigation le Rwanda. A criminal investigation is ongoing was launched regarding his alleged ▪ Qosmos: the investigation role in the genocide committed in was ongoing in 2020. It the district of Kibuye. Muhayimana closed in January 2021 was placed in pre-trial detention. Norbert Dabira: the investigation On 3 April 2015, he was released ▪ is ongoing and placed under judicial control. ▪ The Caesar investigation: On 9 November 2017, the the investigation is ongoing investigative judge referred the accused to the Paris Criminal Court for complicity in genocide and crimes against humanity through aiding and abetting. Muhayimana appealed the referral decision. His appeal was denied by the Investigation Chamber of the Court of Appeal in Paris.

45 GERMANY

EVIDENCE BUILDS UP AGAINST THE SYRIAN REGIME IN A MULTI- SUSPECT STRUCTURAL INVESTIGATION

a Context Developments in 2020 On 10 November 2020, German development aid worker Martin Structural investigation by the In 2020, the structural investigation Lautwein joined a criminal complaint German Federal Public Prosecutor was enhanced by submissions filed by the Syrian Center for Legal into international crimes allegedly of additional evidence against Studies and Research (SCLSR), the committed by the Syrian regime the Syrian regime and related Syrian Center for Media and Freedom and related institutions since 2011. institutions, in particular the Syrian of Expression (SCM) and ECCHR in The structural investigation resulted intelligence services. March 2017, which was later joined in the personal investigation and by the Caesar Files Group (CFG). the subsequent trial of two former On 17 June 2020, seven Syrian members of the Syrian intelligence survivors, together with the NGOs services, Anwar R. and Eyad A. (see European Center for Constitutional Facts p. 48); the arrest of a former doctor and Human Rights (ECCHR), the Syrian Since the beginning of the Syrian working for the Syrian intelligence Women’s Network and Urnammu, civil war in 2011, Syrian intelligence services, Alaa M. (see p. 50); and an filed a criminal complaint against nine services (Air Force Intelligence, arrest warrant against the former high-ranking officials of the Syrian Military Intelligence, General head of one of the Syrian intelligence regime and Air Force Intelligence Intelligence Services and Political services, Jamil Hassan (see p. 30). Service, including the former head Security) have reportedly been of the Air Force Intelligence Service, systematically arresting, torturing Suspects Jamil Hassan, to the German Federal and killing persons who opposed Public Prosecutor. The complaint or were suspected of opposing the Syrian nationals; former and present addresses sexual and gender- Syrian regime. In addition to torture members of the Syrian intelligence based crimes that were committed and killings, former detainees held services between April 2011 and October by the intelligence services survived 2013 in Syrian Air Force Intelligence or witnessed various forms of Country of residence detention facilities. Testimonies and sexual and gender-based violence of suspects further evidence indicate that sexual including rape, sexual harassment, electrical shocks to the genitals, Germany, Syria and potentially and gender-based crimes in these forced nudity and forced abortion, other countries detention facilities were committed as part of a widespread and systematic which is yet to be addressed by the attack against a civilian population prosecutorial authorities. Charges in Syria and should therefore be Crimes against humanity, war legally characterized and charged As reported by numerous international crimes and grave domestic crimes as crimes against humanity under and Syrian organizations, the Syrian including murder, rape and severe the German Code of Crimes Against intelligence agencies continue to sexual coercion International Law. This additional commit international crimes by evidence, highlighting the gendered unlawfully arresting, torturing, sexually commission and gendered impact of abusing and killing people in their Current status sexual violence in Syria, calls on the detention facilities until the present Under investigation prosecutor to broaden the existing time. Lautwein was arrested and charges against Hassan. detained by Syrian Intelligence

46 agencies in 2018 and then During the same year, the CFG, brought to Damascus where he together with ECCHR, filed a criminal was detained in the so-called complaint with the Office of the Palestine branch of the Military German Federal Public Prosecutor Intelligence Service for 48 days. against senior officials of the Syrian He was repeatedly exposed to intelligence services and the military torture and witnessed the torture police, for crimes against humanity of other detainees, including by and war crimes committed in Syrian repeated beatings, exposure to detention facilities; complementing electric shocks and the so-called the evidence provided in the “German chair”, a method of complaint of 1 March 2017. A torture by which the detainee is representative of the CFG provided tied by their arms and legs to a the prosecutor with a set of high- metal chair, the back of which is resolution images of deceased and moved backwards, causing acute tortured detainees. stress to the spine and severe pressure on the neck and limbs. On 8 June 2018, the German Furthermore, Lautwein reported Federal Court of Justice issued an that at least one detainee was arrest warrant against Hassan for exposed to sexual violence. alleged crimes against humanity and war crimes, upon a request of Procedure the German Federal Prosecutor. He is accused of having tortured In September 2011, the German and killed numerous detainees of Federal Prosecutor opened a the Air Force Intelligence services structural investigation into war between 2011 and 2013, either crimes and crimes against humanity directly as a main-perpetrator committed by the Syrian regime. or co-perpetrator or indirectly through command responsibility, In 2017, Syrian survivors, together for the acts of his subordinates. with Anwar al-Bunni (SCLSR), Mazen Darwish (SCM) and ECCHR, submitted In 2019 and 2020, the prosecutorial several criminal complaints against authorities have undertaken high-level officials of Syrianfurther steps to address the crimes intelligence agencies to the German committed in Syrian detention Federal Prosecutor, addressing killings, facilities between 2011 and 2012 persecution, torture and sexual by arrest, indictment and trial of violence committed in Syrian two former members of Syrian detention facilities, including those intelligence agencies, Anwar R. and under command of the then head of Eyad A., as well as the arrest of the Air Force Intelligence services, former Syrian doctor Alaa M. Hassan.

47 FIRST TRIAL ON SYRIAN Eyad A. is charged with aiding and Originally, the Court had refused to STATE TORTURE MAKES abetting a crime against humanity make an translation available HEADLINES WORLDWIDE in at least 30 cases of deprivation to the audience. However, on 18 of liberty and torture August 2020, the German Constitution Anwar R. and Eyad A. Court granted a preliminary injunction Current status to provide Arabic translation to all Context accredited journalists following the On trial trial. Ongoing trial before the Higher Regional Court in Koblenz against Developments in 2020 On 18 November 2020, the Court two former members of the Syrian severed the trial of Eyad A. and General Intelligence Service (GIS) On 23 April 2020, the trial against announced it should hear the for international crimes allegedly Anwar R. and Eyad A. started at the closing statements in that trial on committed by the al-Khatib branch Higher Regional Court in Koblenz. 17 February 2021, and pronounce (also known as Branch 251) in Hearings took place over more the judgment on 24 February Damascus. This is the first trial than 50 days. Numerous survivors 2021. The trial against Anwar R. is addressing systematic international and witnesses of the crimes as expected to continue at least until crimes committed by the Syrian well as expert witnesses testified, October 2021. government and its intelligence including forensic analyst Professor agencies since 2011. Markus Rothschild, who analyzed On 19 November 2020, the European the 26’938 photographs provided by Center for Constitutional and Human the defected military photographer Suspects Rights in its representation of the Caesar and confirmed that survivors’ seven joint plaintiffs, filed a motion Anwar R., former head of the testimonies were largely consistent to expand the charges against investigation unit at the al-Khatib with his findings. Anwar R. to include rape and sexual branch of the GIS in Damascus; Eyad coercion as part of the crime against A., employee of the subdivision working Several insider witnesses who humanity indictment, as so far sexual with Anwar R.’s investigation unit formerly worked in or with Syrian and gender-based crimes had only intelligence agencies also gave been indicted as single incidents Country of residence their testimony, including an rather than as part of a crime against of suspects anonymous witness who gave a humanity. detailed account on mass burial of Germany deceased detainees of intelligence services. The witness reported Facts Charges about his work in in Since the beginning of the Syrian the province of Damascus and his civil war in 2011, Syrian intelligence Anwar R. is charged with being a co- assistance to intelligence officers services have reportedly been perpetrator in 4’000 cases of torture, in transporting and burying the systematically arresting, torturing 58 murders and in individual cases bodies of detainees from detention and killing opposition activists. of sexual assault and rape that were facilities of intelligence services, In September 2011, the German committed between 29 April 2011 including the GIS’s al-Khatib prison Federal Public Prosecutor opened and 7 September 2012, as a crime and the Saydnaya military prison. a structural investigation into war against humanity Trucks carried several hundred crimes and crimes against humanity corpses per week. The corpses committed by the governmental were marked with numbers and institutions. Other person-specific symbols on their foreheads or investigations targeted Anwar R. and chests, which corresponds with the Eyad A. images provided by Caesar.

48 Anwar R. headed the investigation Procedure unit of the al-Khatib branch. Between On 12 February 2019, German late April 2011 and early September authorities arrested Anwar R. and 2012, he allegedly implemented Eyad A. in Berlin and Rhineland- and oversaw a brutal system of Palatinate respectively, as a result physical and psychological torture of person-specific investigations. intended to extract confessions On the same day, French authorities and gain insight into the opposition arrested another former intelligence movement. At least 4’000 persons service official in Paris (Abdulhamid were exposed to torture in the A., see p. 29). The arrests were al-Khatib detention center under coordinated by the joint French- Anwar R.’s alleged direct command. German investigative unit. Methods of torture included beatings with fists and various objects, On 22 October 2019, the German administering electric shocks, Federal Public Prosecutor formally suspending victims from the ceiling indicted Anwar R. and Eyad A. by their wrists, sleep deprivation and before the Higher Regional Court of making threats against relatives. Koblenz. Moreover, victims were subjected to inhumane conditions of detention such as overcrowded cells and the withholding of medical attention. At least 58 persons are said to have died as a result of the torture and inhumane conditions.

Eyad A. was an alleged member of a sub-unit of the investigative division tasked with conducting identity checks and arresting demonstrators, deserters and other suspicious persons. He is indicted for aiding and abetting the torture and illegal detention of at least 30 persons. In the autumn of 2011, after an anti- government demonstration in the city of Douma had been violently dispersed by security forces, Eyad A. and other GIS officials allegedly pursued and arrested fleeing demonstrators and transported them to al-Khatib detention center. According to the charges, Eyad A. had full knowledge of the system of torture and mistreatment that detainees were being subjected to.

49 SYRIAN DOCTOR of which led to death) and deprivation SUSPECTED OF CRIMES of reproductive capacity in one case, AGAINST DETAINEES all of which are characterized as crimes against humanity. Alaa M. Facts Context According to the arrest warrant, The ongoing investigations by the Alaa M. worked as a doctor in a German Federal Prosecutor led to detention facility of the Military the issuing of an arrest warrant Intelligence Service in Homs. On 23 against Alaa M. October 2011, a detainee suffered an epileptic seizure after being Suspect tortured during his interrogation. Alaa M., as a doctor in the facility, Syrian national; former doctor and was asked to assist the detainee. member of the Syrian intelligence However, Alaa M. entered the room agencies where the detainee was held and started hitting him with a plastic Country of residence pipe. The following day Alaa M. was of suspect again asked to assist the detainee whose medical condition had Germany deteriorated. Alaa M., accompanied by another doctor, started hitting Charges the detainee with a plastic pipe again until he lost consciousness. Crimes against humanity and The victim died shortly afterwards, dangerous bodily harm however the cause of his death has not been officially confirmed. Current status According to the new arrest Under investigation warrant, Alaa M is suspected, inter alia, of having poured alcohol over the genitals of a 14- or 15-year-old Developments in 2020 boy, which he then ignited. On 19 June 2020, the Federal Public Prosecutor arrested the former doctor and alleged employee of the Syrian Military Intelligence service Alaa M. under the suspicion of crimes against humanity.

On 16 December 2020 the arrest warrant was extended to cover allegations of killing in one case, torture in 18 cases, inflicting grievous bodily and mental harm in one case, severe deprivation of physical liberty in seven cases (one

50 STRUCTURAL AND Procedure According to the judgment, Kassim A. joined the armed resistance PERSON-SPECIFIC The structural investigation concerning against the Syrian government PROSECUTIONS OF crimes committed by non-state in the city of Dara’a in 2012. His armed groups in Syria and Iraq, NON-STATE ACTORS phone contained pictures of him including extrajudicial killings, torture, IN SYRIA AND IRAQ posing with the severed head of a inhumane treatment, abduction for combatant, who presumably was Kassim A. and others the purpose of blackmail and other part of the Syrian state forces. war crimes, was opened by the While he admitted to appearing German prosecutorial authorities Context in the photograph, the hearings in August 2014. It has resulted thus Ongoing structural and person- of evidence did not bring up any far in investigations against over specific investigations resulting indications that the accused 50 individuals involved in crimes in criminal proceedings for participated in the execution of committed by non-state armed international crimes committed the combatant. groups, which have led to indictments by members of non-state armed and further prosecution on several groups in Syria and Iraq occasions. Carla-Josephine S.

Suspects A part of the investigation is focused On 29 April 2020, the Higher Regional Court of Düsseldorf found German, Syrian and Iraqi nationals on the attack by the Islamic State (ISIS) against the region around the the German citizen Carla-Josephine town of Sinjar (northwestern Iraq) in S. guilty of a war crime (child theft Country of residence August 2014. The Yazidi minority was resulting in death) and breaches of of suspects reportedly subjected to genocide, mass the Military Weapons Control Act. Germany execution, widespread kidnappings and sexual enslavement in Syria and In 2015, Carla-Josephine S. left Iraq. In December 2016, the Supreme Germany with her three children Charges Court of Germany issued an arrest without advising their father, who War crimes, crimes against warrant against a high-ranking ISIS was entitled to joint custody, to join humanity, genocide and membership commander allegedly responsible for the Islamic State (ISIS) in Syria. in a terrorist organization genocide and war crimes, including In 2018, the house where Carla- abduction and sexual enslavement Josephine S. and her children were staying in Raqqa was exposed to Current status of Yazidi women in Syria and Iraq. (For more information about trials various missile or bomb attacks Under investigation addressing crimes against Yazidi during one of which her eight-year- women, see p. 53) old son was fatally injured. Developments in 2020 Abdalfatah H. A., Abdul Jawad The proceedings regarding Kassim A. A. K., Abdulrahman A. A. and international crimes committed by Abdoulfatah A. non-state actors in Syria went on On 13 February 2020, the Higher and the Federal Public Prosecutor Regional Court of Koblenz found the On 13 January 2020, the Higher issued new indictments. The charges Syrian national Kassim A. guilty of Regional Court of Stuttgart found usually included both war crimes and committing a war crime, namely the four Syrian nationals who were membership in a terrorist organization. demeaning and degrading treatment of a person protected by international former members of a combat humanitarian law. He received a unit guilty of membership in a sentence of one year and six months. foreign terrorist organization and breaches of the Military Weapons

51 Control Act. Abdul Jawad A. K., the ensured security during the public The accused joined ISIS in June founding member of the combat execution of children, women and 2014 after it took over power in unit, was also found guilty for the men by ISIS members. the region. He was deployed in a charge of murder and committing prison where he tortured at least war crimes. He received a life On 8 March 2019, the Higher two prisoners. Furthermore, he sentence, in consideration of Regional Court of Düsseldorf indicted conducted raids, brought newly the particular severity of guilt. Mohammed Rafea Yaseen Y. for arrested individuals to the prison Abdulrahman A. A., Abdoulfatah aiding and abetting homicide and war and guarded checkpoints. A. and Abdalfatah H. A. had joined crimes, as well as for membership in the unit at a later stage. the terrorist organization ISIS. Khedr. A. K. and Sami A. S.

According to the judgment, Abdul On 3 June 2020, the Higher On 10 July 2020, the investigative Jawad A. K in November 2012 Regional Court of Düsseldorf found judge of the Federal Court issued an founded the military unit Mohamed Mohammed Rafea Yaseen Y. guilty arrest warrant against the Syrian Ibn Abd Allah to overthrow the of membership in the terrorist nationals Khedr. A. K. and Sami A. Syrian regime and reorganize organization ISIS but acquitted him S. They were subsequently arrested the Syrian State according to of the other charges as no sufficient in Naumburg (Saale) and Essen Sharia law. All four defendants evidence could be established. (North Rhine-Westphalia) on 13 July took part in hostilities during the 2020. They are suspected to have capture of Raqqa. In March 2013, Fares A. B. jointly killed a person protected the accused, together with other under international humanitarian members of their combat unit, On 19 November 2020, the Higher law. Khedr. A. K. is suspected to executed 19 Syrian civil servants Regional Court of Stuttgart found have been a member of a foreign taken prisoner in Raqqa. Prior to the Syrian national Fares A. B. terrorist organization, and Sami A. S. the execution, the civil servants guilty of war crimes, attempted to have supported a foreign terrorist had been sentenced to capital homicide in one case and torture in organization. punishment by a Sharia court. two cases, as well as membership Abdul Jawad A. K. personally in a terrorist organization. The According to the arrest warrant, executed at least two persons. trial was based on the indictment Khedr. A. K. joined the group of 12 June 2019. Ghurabaa Muhassan when it Mohammed Rafea Yaseen Y. was then already part of Jabhat The accused joined an armed al-Nusra. On 10 July 2012, he Mohammed Rafea Yaseen Y. was resistance group fighting the al- allegedly participated in in the an active member of the Islamic Assad regime in 2011 or 2012. execution of a detained lieutenant State (ISIS) between 2006 and 2008 On 12 December 2012, the group colonel of the Syrian military in his Iraqi hometown of Al-Rutba. took part in the attack against the forces by guarding him while Jointly with other ISIS members, military airport Deir ez-Zor. To he was chained and showing the accused constructed explosive take revenge for the death of his signs of mistreatment. Sami A. S. devices and used them in attacks comrades who had died during reportedly filmed the execution of around Al-Rutba that resulted in this attack, he shot at a prisoner the victim and commented on it in human casualties. Among the victims with the intent to kill him. However, a glorifying manner. were members of the United States the Court could not establish that armed forces and the Iraqi police, his particular shot led to the death as well as local civilians. In 2014, of the person as it could not rule Mohammed Rafea Yaseen Y. allegedly out that other fighters also shot at joined ISIS and was deployed as an the prisoner. armed security guard in Al-Rutba. As a part of his activities, he allegedly

52 Active personality PROSECUTING THE Current status reportedly brought the woman and her daughter to his house in ENSLAVEMENT OF YAZIDI On trial COMMUNITY MEMBERS Fallujah. Taha A. J. and Jennifer W. are accused of having kept the Developments in 2020 Yazidi woman and her daughter Several trials are ongoing regarding as slaves and exposed them to the Yazidi genocide. These trials do On 20 February 2020, the Higher inhumane living conditions. Taha not involve universal jurisdiction as Regional Court of Frankfurt opened A. J. allegedly prohibited them the accused are German nationals the trial against Taha A. J. He is from exercising their religion, returning from Syria or Iraq, accused of having committed forced them to convert to Islam under the category of active genocide, crimes against humanity, and severely and repeatedly beat personality cases. However, they murder and human trafficking as a them. To punish the five-year old, have been included here as they member of a terrorist organization. Taha A. J. reportedly chained her relate to the prosecution of atrocities outdoors in scorching heat, which committed abroad, namely the The trial against Taha A. J. will subsequently led to the child’s efforts of the German prosecutors continue at least until late March death. Jennifer W. reportedly to fight impunity for the Yazidi 2021. The trial against Jennifer W. witnessed her husband’s acts and genocide. will continue until at least April 2021. did not undertake any steps to prevent the death of the child. Jennifer W. and Taha A. J. Facts According to the indictment, Taha Procedure Context A. J. joined the Islamic State (ISIS) In 2019, the investigation regarding Ongoing proceedings for in Iraq in March 2013. In August the crimes committed by ISIS international crimes, including 2014, Jennifer W. left Germany against the Yazidi community in enslavement of a Yazidi child and for Iraq and joined ISIS there. Syria and Iraq led to arrests, formal her mother in Fallujah, Iraq In the period between June and indictments and trials against September 2015, she conducted several former members of ISIS the so-called daily “moral patrols” Suspects based on accusations of crimes in ISIS-occupied Fallujah and against humanity, war crimes, Iraqi and German nationals Mossul by inspecting whether genocide and other crimes. women’s behavior and clothing Country of residence complied with the rules set by ISIS. On 9 April 2019, the trial of of suspects While conducting such patrols, Jennifer W. started before the Jennifer W. carried various lethal Higher Regional Court of Munich. Germany weapons with her. For this, she The formal indictment of 13 received remuneration from ISIS. December 2018 included only Charges the charge of the membership Jennifer W. and Taha A. J. shared Jennifer W. is charged with in a terrorist organization. After a household in Fallujah. In summer membership in a terrorist organization a victim could be identified, the 2015, Taha A. J. allegedly purchased and war crimes. Taha A. J. is court added the charge of the charged with genocide, crimes a Yazidi woman and her five-year killing of the child as a war crime. against humanity, murder, human old daughter. They were both trafficking and membership in a from a group of Yazidis taken On 18 April 2019, the German terrorist organization captive during an attack in the Federal Court of Justice issued an region of Sinjar, directed towards arrest warrant against Taha A. J. the oppression and Following his arrest in May 2019 of the Yazidi religion. Taha A. J. in Greece, he was extradited to

53 Germany on 9 October 2019. The Facts Developments in 2020 arrest warrant was based on a According to the judgment, Omaima On 2 November 2020, the Federal strong suspicion that as a member A. traveled January 2015 with her Public Prosecutor indicted the of ISIS he committed crimes of three underage children from German citizen Nurten J. on the genocide, crimes against humanity to Syria to settle there. By taking care charges of enslavement as a crime and war crimes against Yazidis. of the household and children, she against humanity, war crimes, enabled her husband to participate membership in a foreign terrorist Omaima A. in the hostilities as a fighter. Between organization and breach of the duty spring and summer 2015 Omaima of care or upbringing. Context A. held a 13-year-old Yazidi girl, who was entrusted to her by a friend, as Facts Closed proceedings for international a slave. crimes, including the enslavement According to the indictment, Nurten of a 13-year-old Yazidi in Syria J. traveled to Syria with her three- Nurten J. year-old daughter in February 2015 Suspect to join ISIS. She married a high- Context ranking ISIS member and they lived German Tunisian national in free apartments provided by ISIS Ongoing proceedings for international after the owners had fled or were crimes, including the enslavement of displaced. The accused regularly Country of residence a Yazidi woman in Syria of suspect invited to the apartment a friend who enslaved a Yazidi woman and Germany, Syria Suspect allegedly forced her to clean the German national house of the accused on at least 50 Charges occasions. Crimes against humanity, membership Country of residence in a terrorist organization of suspect Germany, Syria Current status Sentenced Charges Crimes against humanity, war Developments in 2020 crimes, membership in a terrorist On 2 October 2020, the Hanseatic organization Higher Regional Court in Hamburg found the German-Tunisian citizen Current status Omaima A. guilty of membership in a foreign terrorist organization, crime Pending trial against humanity by enslavement, breach of duty of care or upbringing, unlawful imprisonment and breaches of the Military Weapons Control Act. She was sentenced to three years and six months in prison.

54 Active personality ARGENTINIAN DEATH Facts Procedure FLIGHTS UNDER Between 1976 and 1983, the In 2013, Argentinian authorities PRELIMINARY dictatorship in Argentina headed issued an arrest warrant against INVESTIGATION by developed a Kyburg in the context of criminal policy of state terrorism, resulting proceedings in which he, along Luis Esteban Kyburg in scores of human rights violations with other former naval officers, and crimes against humanity. Among were being investigated for the Context these, at least 30’000 persons were crimes against humanity of murder, Ongoing preliminary investigation forcibly disappeared for opposing , torture, and for enforced disappearance, torture the regime. It is also known that, in kidnapping of civilians in the Mar del and murder of civilians during the many cases, state officials tortured Plata naval base. Argentinian dictatorship. captive pregnant women and forcibly gave their children up for adoption to Kyburg managed to flee Argentina supporters of the regime. before his arrest and has been Suspect living, since then, in Germany. Luis Esteban Kyburg, an Argentinian In parallel, the naval base in Mar German authorities denied an citizen and former Second Commander del Plata (a city 400 km south of extradition request as he is a of a special unit at the Mar del Plata Buenos Aires) was being used as an German citizen (Germany does naval base. illegal detention center. Detainees not extradite its own nationals were held captive, tortured, possibly unless the extradition takes place drugged and thrown into the ocean within European Union countries). Country of residence by military planes (a practice that is of suspect commonly known as death flights–or German authorities have requested Germany vuelos de la muerte). In 1976, Kyburg judicial assistance from Argentinian was appointed Second Commander authorities and have obtained of a special unit for tactical divers substantial amounts of evidence Charges (Agrupación Buzos Tácticos) in the on the crimes occurring in the Mar As the case is in an investigation Mar del Plata naval base. del Plata naval base. Additionally, stage, Kyburg has not yet been in 2017, the Berlin prosecutor formally charged for any crime. The complaint against Kyburg traveled to Argentina in order to However, the investigation is focused regards the case of a young man who gather additional evidence and to on his involvement in the murder of was detained with his three-month meet Argentinian authorities. at least 19 persons in 1976, enforced pregnant partner in September disappearance and torture. 1976. The detention occurred after In 2018, a criminal complaint against Argentinian state forces, dressed in Kyburg was submitted–with the Current status civilian clothes, raided their home and support of the European Center for took them to the naval base. Since Constitutional and Human Rights– Under preliminary investigation then, their whereabouts are unknown. by the sister of the young man who was forcibly disappeared in 1976. Developments in 2020 At least 16 former members of the In 2019, German authorities took armed forces have been convicted the testimony of the complainant. In July 2020, a prosecutor in Berlin for the crimes against humanity Testimonies from witnesses and publicly confirmed that a person- committed in Mar del Plata during survivors living in Europe will also specific investigation targeted Kyburg this period. Among these, the first be gathered by the authorities. and that he was undertaking further commander of Kyburg’s unit and investigatory steps to prosecute the the person who followed him in his crimes under German law. position have been convicted and imprisoned.

55 HOUSE SEARCHES were part of a military unit. This TARGET FORMER unit was allegedly responsible GAMBIAN SECURITY for the mistreatment, torture and murder of opposition members FORCES SUSPECTED under the Jammeh regime. One OF TORTURE of the suspects allegedly used Names withheld electroshocks to torture detainees. Another suspect allegedly assisted in the murder of a detainee. Context

Ongoing investigation against seven Facts Gambian citizens for alleged crimes against humanity Jammeh came to power in The Gambia in 1994 as a result of a coup. He became president in 1996 Suspects and stayed in power until 2017. His Seven Gambians, who reportedly regime was marked by widespread previously served in the military human rights abuses including forces under the former president, torture, enforced disappearances, Yahya Jammeh extrajudicial killings and arbitrary detention. Jammeh was defeated Country of residence by Adama Barrow in the election of of suspects December 2016. Under the pressure of the international community, Germany Jammeh accepted the election results in January 2017 and left Charges the country for Equatorial Guinea. His crimes have gone unpunished Crimes against humanity until the present day. (For more information about the crimes of Current status Yahya Jammeh, see p. 58) Under investigation

Developments in 2020 In July 2020, upon the request of the German Federal Public Prosecutor, the Federal Criminal Police searched the apartments of seven Gambian citizens in Baden- Württemberg and Hessen.

The suspects reportedly entered Germany in 2017 and applied for asylum. During hearings at the Federal Office for Migration and Asylum, they declared they

56 NO FUNCTIONAL customary international law does On 29 March 2019, he was indicted for IMMUNITY FOR STATE not imply a general functional cruel and inhumane treatment of three OFFICIALS REGARDING immunity for international crimes. persons protected under international A rule for functional immunity humanitarian law as well as gravely WAR CRIMES must be first explicitly established humiliating and degrading treatment Ahmad Zaheer D. for it to apply. of another person protected under international law. Context Facts On 26 July 2019, the Higher Regional Ongoing proceedings for war crimes Ahmad Zaheer D. was a member Court in Munich found Ahmad committed in Afghanistan of the Afghan military forces Zaheer D. guilty of one count of war and was responsible for the crimes as well as inflicting grievous Suspect interrogation of captured enemy bodily harm, coercion and attempted fighters on at least one occasion coercion. He was sentenced to two Afghan national; member of the Afghan between late 2013 and early 2014. years’ probation. In this decision, armed forces Together with two other military the Court did not find that the officials, he interrogated three mistreatment of the prisoners during Country of residence prisoners of war and subjected interrogation amounted to torture of suspect them to cruel and inhumane in violation of the German Code of treatment in violation of the Crimes against International Law, Germany Geneva Conventions, including but rather amounted to infliction of by beating them severely and grievous bodily harm, coercion and Charges by threatening them with an attempted coercion. electrical shock device. War crimes, torture Further, it was found that in March FOLLOW-UP ON OTHER Current status 2014 Ahmad Zaheer D. subjected CASES the body of a high-ranking enemy Convicted; new sentence expected combatant to degrading treatment. ▪ Israeli Defense Forces: the He paraded the body in front investigation is ongoing Developments in 2020 of the civilian population while ▪ Gina Haspel: the investigation kicking and insulting the deceased, On 28 January 2021, the Federal is ongoing Court of Germany found Ahmad simulating the mounting of the ▪ Omaid N: awaiting trial Zaheer D. guilty of torture in deceased’s head on a meat hook violation of the German Code of and subsequently hanging the body by a rope around the neck, Crimes against International Law regarding the mistreatment of proclaiming to have murdered and three prisoners. This conviction killed him “like a donkey”. Both comes in addition to his 26 July instances were captured on video. 2019 conviction. Procedure The Federal Court also decided that On 25 October 2018, Ahmad Ahmad Zaheer D.’s prosecution Zaheer D. was arrested by German was not hindered by the procedural authorities. impediment of immunity for state officials. It determined that

57 GHANA

VICTIMS CALL FOR JUSTICE FOR MASSACRE OF MIGRANTS Yahya Jammeh a Context work of the Commission, the TRRC’s tasked the Ministry of Foreign mandate was extended until 30 June Affairs and the Attorney-General’s Campaign to bring former Gambian 2021. Department to study the request” President Yahya Jammeh and his and to “advise the government on accomplices to justice Facts the way forward.” Suspect An investigation conducted by In January 2019, five United Nations the NGOs TRIAL International and Yahya Jammeh, Gambian President human rights monitors urged the Human Rights Watch alleged that from 1994 to 2016 UN and the Economic Community a paramilitary unit controlled by of West African States to release then-Gambian President Jammeh their report on the 2005 massacre. Country of residence summarily executed more than 50 According to this report, rogue of suspect West African migrants (including elements in the Gambian security Equatorial Guinea some 44 Ghanaians) in July 2005. services “acting on their own” were The migrants were bound for Europe responsible for the massacre. but were wrongly suspected of being Charges mercenaries. They were murdered In the summer of 2019, three former The investigation focuses on his after having been detained by Junglers testified publicly before complicity in enforced disappearances Jammeh’s closest deputies in the TRRC that they and 12 other and extrajudicial executions the army, navy and police forces. Junglers had carried out the killings Members of a death squad called on Jammeh’s orders. the Junglers are alleged to have Current status carried out the killings. Pending investigation Procedure Developments in 2020 In May 2018, the families of the In July 2020, families of victims and 11 victims and a coalition of local human rights organizations called for and international NGOs asked an international investigation into the Ghanaian authorities to open an massacre of West African migrants. investigation against Jammeh. The aforementioned report and a legal At the same time, in its interim brief were transmitted to Ghanaian report submitted to the Gambian authorities by TRIAL International government in April 2020, the Truth, and Human Rights Watch. Reconciliation and Reparations Commission (TRRC) announced that it The Ghanaian Inspector General of would hold hearings on the migrants’ Police, and later the government case before the end of its mandate. through its Minister of Information, Due to the impact of covid-19 on the stated that “the government had

58 HUNGARY

LIFE SENTENCE FOR THE PUBLIC EXECUTIONS OF CIVILIANS IN SYRIA Hassan Faroud

Context Facts In August 2018, Faroud was convicted in Malta for living there Ongoing proceedings for terrorism and Faroud commanded a small unit with forged identification documents. crimes against humanity committed of ISIS in the province of Homs. He was sentenced to six months of between 2015 and 2016 in Syria He ordered the occupation of the imprisonment, suspended for two town of Al-Sukhnah and drawing years, and ordered to leave Malta. At up a “death list” of those who Suspect that time, there was still no further rejected the goals of ISIS and as a information confirming his ties with Syrian national; alleged Islamic consequence should be executed. ISIS. State (ISIS) fighter The executions included the public beheading of the local imam and at On 30 December 2018, Faroud was least 25 civilians, including women Country of residence caught using forged travel documents and children, in Al-Sukhnah. of suspect again in Budapest’s Listzt Ferenc Airport. He subsequently received a Hungary Faroud personally participated suspended prison sentence and was in the execution of the imam as set to be expelled from Hungary to well as the murders of three other Charges Greece, where he had refugee status. civilians in the area between 13 He was detained in Budapest’s Terrorism and crimes against May and 15 May 2015. He also shot Nyírbátor asylum detention facility, humanity another person. awaiting his deportation. Current status Procedure On 22 March 2019, based on Sentenced to life imprisonment; Faroud left Syria in 2016 and information obtained by European under appeal illegally entered the island of Leros, national intelligence services, a Greece on 27 February 2016, where Budapest court ordered Faroud’s Developments in 2020 he was granted refugee status on detention for alleged murders 27 October 2017. committed in Syria. He was The Court found Hassan Faroud subsequently arrested by the guilty of crimes against humanity Faroud was a subject of investigation Hungarian Counterterrorism Center committed as a part of a criminal by the Greek Intelligence Service (EYP) (TEK) at the Nyírbátor migrants’ organization and sentenced him from July 2018, when the Belgian detention facility. Witnesses and civil to life imprisonment with the intelligence services transmitted parties were questioned in Malta and possibility of parole after 30 years. information concerning an unnamed Belgium. individual allegedly involved in The Prosecution appealed the extremist activity as a member On 3 September 2019, Faroud judgment and sentence to include of ISIS. National investigations was indicted by the Metropolitan the offense of terrorism and for were coordinated by Eurojust, the Prosecutor’s Office of Budapest for more serious punishment, namely European judicial cooperation agency. carrying out acts of terrorism and life imprisonment without parole. One month later, the EYP managed crimes against humanity. The accused appealed seeking to identify this individual as Faroud, acquittal. but no sufficient information was found to prove he belonged to ISIS.

59 ITALY

THREE TORTURERS SENTENCED TO 20 YEARS’ IMPRISONMENT Mohammed Condè, Hameda Ahmed and Mahmoud Ashuia

Context ran the center. They used the same procedure for their victims: Ongoing investigation for crimes a photographs of the detainees were committed in the Zawiya detention sent to their families along with a center in Libya since 2015 request for ransom. Those whose families paid were freed, whereas Suspects the others were killed or sold to Mohammed Condè and Hameda human traffickers. Ahmed, both Egyptian nationals; and Mahmoud Ashuia, a Guinean Condè, Ahmed and Ashuia were national recognized in Messina, Sicily by migrants who passed through the detention center in July 2019. Country of residence of suspects Procedure Italy Condè, Ahmed and Ashuia were arrested in September 2019 in Charges Messina, in the context of the Kidnapping, torture and human ongoing investigations of the Office trafficking of the Prosecutor of Agrigento and the Anti-Mafia Division of Palermo, following a formal complaint filed by Current status victims who arrived in Italy through Sentenced the Mediterranean migration routes.

Developments in 2020 On 28 May 2020, Condè, Ahmed and Ashuia were sentenced to 20 years in prison for kidnapping, torture and human trafficking.

Facts Hundreds of migrants on their way to Europe were held in the Zawiya detention center in Libya, where they faced systematic atrocities and physical and psychological torture. Condè, Ahmed and Ashuia

60 Active personality NGOS OPPOSE DISMISSAL Current status Despite major warnings that the OF ARMS-TRADE CASE Pending decision Saudi/UAE-led coalition warfare ON SAUDI ARABIA in Yemen causes significant loss Developments in 2020 of civilian life and breaches of RWM Italia S.p.A international humanitarian law, Following the dismissal of the exports of bombs, planes and other case by the Public Prosecutor weapons to the coalition member Context in Rome and the subsequent states are still taking place. In appeal against the dismissal, the Ongoing investigation against Italy, the UAMA is competent appeal hearing was scheduled directors of RWM Italia S.p.A., to authorize these exports of for February 2020. However, due an Italian arms manufacturer, armaments manufactured in Italy. and against Italian government to the covid-19 pandemic, the officials who authorized arms hearing was postponed until 2021. exports to Saudi Arabia and Procedure the United Arab Emirates, for Facts On 17 April 2018, a joint criminal complicity in murder and bodily complaint by the NGOs European The complaint denounced an air injury, as well as abuse of power Center for Constitutional and strike launched on 8 October 2016 Human Rights, Mwatana for by the Saudi/UAE-led coalition Human Rights (a Yemen-based Suspects in Deir Al-Hajari,Yemen, which organization) and Rete Italiana allegedly killed six civilians. At the Current and former Directors of Pace e Disarmo (an Italian-based site of the airstrike, a suspension RWM Italia S.p.A. (a subsidiary organization, in cooperation lug manufactured by RWM of the German-based company with Osservatorio Permanente Italia S.p.A. was found. Further Rheinmetall AG); officials from sulle Armi Leggere e le Politiche remnants indicate the use of a Italy’s National Authority for the di Sicurezza e Difesa) was filed guided bomb. Testimonies of eye Export of Armament (UAMA). The before the Public Prosecutor in witnesses confirm that no military suspects are German and Italian Rome. The Prosecutor opened an object was in the direct vicinity of investigation into the allegations. the house that was targeted by Country of residence the airstrike. of suspects In October 2019 the Prosecutor requested a dismissal of the Italy The complaint alleges the criminal case. The NGOs who had filed the liability of RWM Italia S.p.A.’s complaint opposed the decision in directors and officials from UAMA Charges front of the Judge for Preliminary for the export of at least a part of Investigations. The investigation focuses on complicity the deadly weapons used in the through gross negligence in murder strike to Saudi Arabia or another and bodily injury, and abuse of power member state of the military coalition.

61 LITHUANIA

Passive personality BELARUS OFFICIALS INVESTIGATED FOR TORTURE Names withheld

Context Facts Ongoing pre-trial investigation for Maksim Kharoshyn claims that on alleged acts of torture committed 13 October 2020, after attending against an activist during the pro-democracy protests in Minsk, protests against the re-election he was attacked and tortured by of Belarus President Alexander officers loyal to Lukashenko’s regime. Lukashenko

Suspects Belarusian security officers, including Belarusian Deputy Minister of Interior Nikolai Karpenkov

Country of residence of suspects Belarus

Charges The investigation focuses on torture

Current status Under investigation

Developments in 2020 On 30 November 2020, Maksim Kharoshyn, a Belarusian citizen, filed a petition with Lithuanian authorities for the acts of torture he suffered while in custody in Minsk, Belarus. Lithuania’s General Prosecutor opened a pre- trial investigation against Belarusian regime officials over alleged torture of pro-democracy activists.

62 SENEGAL

CONGOLESE POLICE OFFICER FLEES TO BELGIUM Paul Mwilambwe and others

Context Procedure Ongoing proceedings for the alleged On 2 June 2014, the International murder of Floribert Chebeya on 2 Federation of Human Rights June 2010 in , Democratic (FIDH) and families of the victims Republic of the Congo and the filed a criminal complaint as disappearance of his associate Fidèle civil parties before Senegalese Bazana courts (Mwilambwe was at that time residing in Senegal). The Suspects plaintiffs testified before the judge investigating the case in August Paul Mwilambwe, a Rwandan 2014. Mwilambwe was indicted on national, and other officers of 8 January 2015 and placed under the Congo National Police (Police judicial supervision. Nationale Congolaise or PNC) In June 2015, Guylain Bazana, Country of residence the son of Fidèle Bazana, was of suspects questioned by the investigative judge as a civil party. Proceedings Belgium and potentially other countries were launched in DRC at the time of the events. On 23 June 2011, five Charges PNC officers were convicted, four of whom were sentenced to death Enforced disappearances and and the fifth to life imprisonment. murder of Chebeya and Bazana In 2015, the Kinshasa Military High Court acquitted on appeal the four Current status defendants sentenced to death and reduced the life sentence of Under investigation the fifth defendant to 15 years in prison. High-level suspects Developments in 2020 including Mwilambwe were not Mwilambwe flew to Belgium in targeted by these proceedings. 2020, where he requested asylum. In April 2017, lawyers representing the civil parties in the Senegalese Facts investigation filed a brief with the Human rights defender Chebeya was investigative judge in Senegal found dead in his car in Kinshasa on requesting that several pieces of 2 June 2010. His associate, Bazana, evidence from the DRC proceedings was reported missing. The night be added to the case file. The case before, they had both gone to the PNC has not progressed since then. headquarters. It was the last time they were both seen alive.

63 SPAIN

Passive personality SALVADORAN COLONEL SENTENCED TO 133 YEARS’ IMPRISONMENT Inocente Orlando Montano Morales

Context of Ignacio Ellacuría, the Salvadorian of his entry into the territory and his a Jesuit priest, without leaving any military training in El Salvador. On Closed proceedings for international witnesses. September 2012, he pleaded guilty, crimes committed in El Salvador acknowledging he had given false during the internal armed conflict Facts statements. His trial took place in August 2013 and he was sentenced Suspect From 1980 to 1992, El Salvador was to 21 months in prison on 27 August divided by an internal armed conflict Salvadoran citizen; military officer 2013. between the rebel Farabundo Martí and Vice Minister of Public Security National Liberation Front and the (from 1989 to 1992) in El Salvador On 23 July 2014, the Criminal government, led by the Nationalist Chamber of the Spanish National Republican Alliance. In this context, Court submitted a supplemental Country of residence on 16 November 1989, six Jesuit brief to the US authorities in support of suspect priests (five Spaniards and one of a pending request for extradition United States of America Salvadoran), their housekeeper issued on 4 November 2011. In and her 16-year-old daughter were this request, Spain urged the US killed at the Pastoral Center of José authorities to allow the extradition Charges Simeón Cañas Central American of Montano from the US to Spain to Murder and terrorism University in San Salvador. face trial for the murder of the six Jesuits, their housekeeper and her Following the ratification of the Current status daughter. Chapultepec Peace Accords on 16 Sentenced January 1992, a Truth Commission On 5 January 2016, a judge from was established to investigate the Eastern District Court of North Developments in 2020 crimes committed during the war, Carolina granted the request to including the murder of the six extradite Montano to Spain. On 1 On 11 September 2020, the Spanish Jesuits, their housekeeper and her April 2016, Montano’s lawyers filed National Court convicted Inocente daughter. The Truth Commission a petition for a writ of habeas corpus Orlando Montano Morales and concluded that these crimes were to reverse the extradition order. sentenced him to 133 years of ordered by Salvadoran officials and prison for the murder of five Spanish executed by the Salvadoran armed On 21 August 2017, the US Eastern Jesuit priests. He was not convicted forces. District Court of North Carolina for the murder of Salvadoran dismissed Montano’s petition for victims (a priest, a housekeeper Procedure a writ of habeas corpus, finding and her daughter) because Spain no irregularity in the extradition lacked jurisdiction over these cases. On 23 August 2011, United States proceedings and no basis upon Yet the Spanish national court authorities arrested Montano on which the petitioner’s request for recognized, as proven facts, that the charges of federal immigration fraud. release could be granted. On 15 High Command of the Salvadoran He was indicted on 10 February November 2017, the Supreme Court Armed Forces, of which Montano 2012 for false declarations to the dismissed Montano’s last request was a member, ordered the killing US authorities regarding the date to halt his extradition to Spain. On

64 29 November 2017, Montano was extradited to Spain and placed in police custody.

On 12 July 2018, the Criminal Chamber of the Spanish National Court partially upheld the appeal filed by Montano, eliminating from the indictment the alleged crime against humanity that the investigative judge had excluded from the procedure in 2014. The indictment only referred to the eight murders committed with a terrorist intent. Montano was detained in pre-trial detention before his trial.

65 SWEDEN

KARAJ PRISON Prisoners at the Karaj prison, close MASSACRE SUSPECT to Tehran, were brought before so- REMAINS IN DETENTION called “death commissions” that ordered their arbitrary execution. Hamid Noury The number of victims is unknown but estimated to be over 5’000. Many Context of those killed were subjected to torture and other cruel, inhumane Ongoing proceedings for alleged and degrading treatment or war crimes committed in Iran in punishment. Noury is alleged to 1988 have participated in the murder and torture of prisoners. Suspect a Iranian lawyer; alleged former assistant Procedure prosecutor in Iran Noury was arrested on 9 November 2019 while traveling for personal Country of residence reasons in Sweden. of suspect On 13 November 2019, the Court Iran, traveled to Sweden allowed his pre-trial detention for a month while the investigation was Charges ongoing. On 11 December 2019, War crimes of abetting the execution his detention was renewed until 20 of political prisoners January 2020.

Current status Under investigation; pretrial detention

Developments in 2020 The investigation is ongoing. Hamid Noury’s detention was renewed several times in 2020. His trial is scheduled to start in 2021.

Facts During the war between Iraq and Iran, Iran’s leader Rouhollah Khomeini issued an order to execute all prisoners who were supporting the People’s Mojahedin Organization of Iran, an outlawed opposition group, as well as leftist prisoners.

66 NINE SURVIVORS Facts Procedure TESTIFY AGAINST Since the beginning of the Syrian On 20 February 2019, nine Syrian SYRIAN INTELLIGENCE civil war in 2011, Syrian military torture survivors filed a criminal OFFICIALS and intelligence services have complaint with the War Crimes reportedly been systematically Unit of the Swedish Police. The Members of the Syrian arresting, torturing and killing complaint details crimes allegedly intelligence services opposition activists. The complaint committed by 25 known and other details instances of murder, severe unknown high-level Syrian security Context torture, detention in inhumane officials, including heads of the four Ongoing proceedings for war conditions, sexual violence and other Syrian intelligence services (Military crimes, crimes against humanity inhumane treatment, which the Intelligence, Air Force Intelligence, and torture allegedly committed complainants suffered or witnessed General Intelligence Services and in Syria while imprisoned by government Political Security). The complaint authorities between February 2011 was filed in cooperation with the and June 2015. European Center for Constitutional Suspects and Human Rights, Syrian lawyers Syrian nationals; 25 known and After being arrested for activities Anwar al-Bunni and Mazen Darwish, several other unknown high-level such as attending peaceful anti- the Caesar Files Group and the officials of the Syrian security government protests or providing Swedish organization Civil Rights services humanitarian aid, the victims were Defenders. imprisoned in 17 different detention facilities of the Syrian intelligence Country of residence services, as well as in Saydnaya FOLLOW-UP ON OTHER of suspects Military Prison and a detention CASES Syria facility of the Fourth Division of the . ▪ Lundin Petroleum–Alex Schneiter Charges and others: the investigation is During their detention, survivors ongoing The investigation focuses on war were severely tortured, including crimes, crimes against humanity, being subjected to beatings with torture and degrading treatment, sticks, cables and plastic pipes, rape, severe bodily injury and kicks to head and genitals, electric illegal abduction shocks, sleep deprivation and sexual abuse. They also witnessed Current status the torture and killings of other detainees. Under preliminary investigation

Developments in 2020 In 2020, the prosecutorial authorities took testimonies of all nine survivors who filed the complaint in 2019.

67 SWITZERLAND

PREVENTIVE DETENTION MAINTAINED FOR GAMBIAN FORMER MINISTER OF INTERIOR Ousman Sonko

Context Facts Nine Gambian victims filed additional complaints. Many of them, along The Gambia was under the control Ongoing proceedings against former with several witnesses, including the of Jammeh from 1994 to 2016. Gambian Minister of Interior for a United Nations Special Rapporteur on For more than two decades, all alleged international crimes under Torture, were heard by the OAG. Yahya Jammeh’s regime opposition was repressed: torture, extrajudicial executions and enforced Since 2019 and the beginning of disappearances were widespread. Suspect hearings before the Gambia’s Truth, Reconciliation and Reparations Former Inspector General of After Jammeh’s re-election in Commission, Sonko’s name has been the Police (2005 to 2006) then September 2006, Sonko was mentioned several times in relation to Minister of Interior (2006 to 2016) appointed Minister of Interior. He human rights violations committed held this position until September during the Jammeh regime. Country of residence 2016, when he was dismissed of suspect from office and left The Gambia. Switzerland Procedure Charges Alerted of Sonko’s presence on Swiss territory, TRIAL International Crimes against humanity and lodged a criminal complaint before torture the prosecuting authorities in Bern on 25 January 2017. The former Current status Gambian Minister was arrested the following day at the immigration Under investigation; detained center of Lyss (canton of Bern), where he had applied for asylum. Developments in 2020 He was charged with crimes against humanity and the case was Ousman Sonko’s detention was transferred to the OAG. renewed twice, in January 2020 and in July 2020, until 25 January 2021. On 9 October 2017, the Swiss His application for conditional release Federal Supreme Court confirmed was denied. Throughout the year, the seizure of Sonko’s assets, several witnesses were heard by the worth approximately 15’000 USD. Office of the Attorney General (OAG) His detention was extended of Switzerland. several times in 2017, 2018 and 2019 to allow the OAG to conduct the investigation.

68 SWITZERLAND Developments in 2020 A criminal investigation was opened a few days later against al-Assad for LAGGING BEHIND The investigation is ongoing. OTHER COUNTRIES the same charges. In August 2014, a plaintiff joined the proceedings. IN PROSECUTION In June 2020, Rifaat al-Assad was convicted in France and OF SYRIAN LEADER In 2015, Rifaat al-Assad returned to sentenced to four years in jail, Rifaat al-Assad Geneva. TRIAL International and the notably for money laundering and plaintiff asked the Swiss authorities embezzlement of Syrian public to arrest him, notably in order to Context funds. French authorities also proceed to his hearing. After the Ongoing proceedings against the confiscated several properties OAG refused to proceed with his former Vice President and head worth millions. Al-Assad appealed arrest, the plaintiff filed a motion of the Defense Brigades in Syria the decision. A second instance for provisional measures before for alleged war crimes in Hama in trial should take place in 2021. the Federal Criminal Court. Two February 1982 days later, the OAG was ordered by Facts the Court to hear al-Assad without Suspect delay. In 2016, three other plaintiffs Rifaat al-Assad, as the commander joined the criminal proceedings. Brother of the former Syrian of the Defense Brigades, is President Hafez al-Assad and suspected of having participated In 2017, TRIAL International filed uncle of the current President in the massacre of several an additional complaint, with Bashar al-Assad; former head thousand people in Hama in 1982 various offers of proof, regarding of the Defense Brigades (Saraya during the civil war in Syria. In the Tadmor massacre. It was al-Difa’), Syria’s elite commando February 1982, opponents of the dismissed by the OAG. troops, from 1971 to 1984 regime took up arms in Hama. As retaliation, the Syrian armed On September 2017, four years Country of residence forces, including the Defense after the official opening of the of suspect Brigades, attacked the city. The investigation, one of the private civilian population was trapped plaintiffs filed a petition alleging Various and cut off from supply, food and a denial of justice. The Federal electricity for almost a month. Criminal Court dismissed it, Charges considering that the extensive The estimated number of civilian delay could notably be explained War crimes allegedly committed casualties ranges from 10’000 to by the complexity of the case. in Hama in February 1982 40’000, depending on the source. Apart from the high number of In August 2018, a letter to Current status casualties, whole areas of the city Switzerland signed by the United were destroyed. Under investigation by the Office Nations Special Rapporteurs on of the Attorney General (OAG) for torture and on the independence of war crimes and by the Spanish Procedure judges and lawyers was published criminal authorities for financial by the UN. It heavily criticized In December 2013, after being offenses; sentenced to four years Switzerland for an alleged lack informed that Rifaat al-Assad in prison in France for financial of independence and political was present on Swiss territory, crimes (under appeal) interference notably concerning TRIAL International filed a criminal the case against al-Assad. In five complaint with the OAG accusing years of proceedings, only four him of having committed war crimes witnesses and two plaintiffs have during the Hama massacre in 1982. been heard.

69 Another procedure is ongoing in France but on different grounds. On 9 December 2019, the trial opened in Paris. Al-Assad was sentenced for having embezzled Syrian public money, which was then laundered via numerous front companies before being invested in stone.

In Spain, an indictment has been issued by a judge on similar grounds.

70 ALGERIAN FORMER Facts be invoked for international crimes. In early January 2017, the OAG MINISTER: AN ENDLESS From 14 January 1992 to 31 January dismissed the case, considering INVESTIGATION 1994, as Minister of Defense and that the alleged acts committed member of the HCS, Khaled Khaled Nezzar by the former Minister of Defense Nezzar allegedly incited, authorized could not be considered as war and ordered military and public crimes, on the grounds that there Context agents to commit acts of torture, was no war in Algeria when murders, extrajudicial killings, Ongoing proceedings against the acts allegedly occurred. On enforced disappearances and other the former Algerian Minister of 16 January 2017, some of the grave violations of international Defense for alleged war crimes plaintiffs appealed the decision humanitarian law. The “”, committed in Algeria between before the Federal Criminal Court. 1992 and 1994 which ended in 2000, caused the death of approximately 200’000 persons and the disappearance of On 30 May 2018, the Federal Criminal Suspect some 20’000 others. Court overturned the decision of the OAG. The Court recognized the Former Chief of Staff of the Armée existence of a non-international nationale populaire (National Procedure armed conflict in Algeria in the early Popular Army) from 1988 to 1990; 1990s and found that there was no Minister of Defense in Algeria In October 2011, after having been from 1990 to 1993; Member of the informed of the presence of the doubt that Nezzar was aware of High Council of State (HCS) from suspect on Swiss territory, TRIAL the acts committed under his order. 1992 to 1994 International filed a criminal Therefore, the court concluded complaint against Nezzar for war that the OAG should complete its crimes committed during the investigation on war crimes, and Country of residence civil war in Algeria. Two victims determine whether Nezzar could of suspect of torture joined the procedure in also be charged with crimes against Algeria 2011 by filing a criminal complaint humanity, torture and murder. before the Office of the Attorney General (OAG). In 2012, 2014 and In August 2018, a letter to Charges 2016, three other victims filed Switzerland by the United Nations War crimes, notably acts of torture, their own criminal complaint and Special Rapporteurs on torture and killings and enforced disappearances became plaintiffs. on the independence of judges and lawyers was made public. It heavily Current status Nezzar was arrested in October criticized Switzerland for an alleged 2011 and interviewed by the OAG. lack of independence and political Under investigation Before being allowed to leave the interference, mentioning explicitly country, his lawyers challenged the the case against Nezzar. Developments in 2020 jurisdiction of the OAG, in particular on the grounds that Nezzar would In Algeria, Nezzar was tried in The investigation is ongoing and benefit from jurisdictional immunity. absentia along with other former several procedural acts were In a 25 July 2012 decision, Nezzar’s regime members and sentenced undertaken throughout the year. appeal was rejected: the Federal to 20 years of imprisonment for Criminal Court notably considered acts of conspiracy against the that functional immunities cannot authority of the State.

71 FIRST TRIAL OVER Facts On 22 March 2019, the Office of the Attorney General of Switzerland LIBERIAN CIVIL WAR During the first Liberian civil war presented an indictment against OPENS AFTER (1989-1996), Alieu Kosiah joined the Kosiah to the Federal Criminal Court. ULIMO, which gathered supporters MULTIPLE DELAYS Kosiah is accused of violations of former President Samuel Doe. Alieu Kosiah of the laws of war as a member The ULIMO carried out attacks of a military faction in the 1989- against former Liberian Preseident 1996 Liberian war, including acts Context Charles Taylor’s National Patriotic of sexual violence, recruitment of Front of Liberia. Ongoing trial for international crimes child soldiers, lootings, ordering and allegedly committed during the first participating in the forced movement Kosiah is accused of having: ordered Liberian civil war (1989-1996) of looted goods and ammunitions, or participated in the murder of forcing civilians to work in cruel civilians and soldiers hors de combat, conditions, ordering and committing Suspect desecrated the corpse of a civilian, murders and carrying out acts of raped a civilian, ordered the cruel Former rebel commander of the cannibalism. United Liberation Movement of treatment of civilians, recruited and Liberia for Democracy (ULIMO) employed a child soldier, ordered several pillages and ordered and/or participated in forced transports of Country of residence goods and ammunition by civilians. of suspect He allegedly committed these Switzerland crimes between March 1993 and the end of 1995 as commander of the ULIMO. Charges War crimes, including murder, Procedure rape, inhumane treatment, looting and the recruitment and use of In July and August 2014, seven child soldiers Liberian victims, assisted by the NGO Civitas Maxima, filed a complaint in Switzerland Current status against Kosiah for his alleged Ongoing trial participation in war crimes and systematic killings committed Developments in 2020 between 1993 and 1995 in Lofa County (northwestern Liberia). An The trial was due to start in April investigation for war crimes was 2020 but was postponed four opened in August 2014. times because of covid-19. In December 2020, the first hearing On 10 November 2014, Kosiah of the accused took place. The was arrested in Switzerland. On rest of the trial is expected to start 13 November 2014, a Swiss judge in February 2021. Seven plaintiffs decided to hold him in pre-trial as well as nine witnesses are detention. expected to be heard in court.

72 Active personality GUATEMALAN HEAD On 27 May 2020, Sperisen brought a Court of Appeal. On 12 May 2015, OF POLICE APPEALS case to the ECtHR alleging violations the Criminal Chamber upheld the TO EUROPEAN COURT of Articles 3, 5, 6 and 13 of the life imprisonment sentence. In European Convention on Human addition to the seven extrajudicial OF HUMAN RIGHTS Rights, including alleged partiality executions for which Sperisen was Erwin Sperisen of the judges and a breach of his found guilty in the first instance, presumption of innocence he was condemned as jointly Context responsible for the murder of Facts three fugitives from the Infiernito Ongoing proceedings for international prison, though not as a direct crimes allegedly committed in In September 2006, Sperisen, perpetrator. Sperisen lodged an Guatemala in 2005 and 2006 along with 3’000 NCP officers and appeal against the conviction. members of the army, intervened Suspect in the Pavón prison, a high security On 29 June 2017, the Swiss prison controlled by prisoners, Federal Court overturned the Dual Swiss and Guatemalan to restore State authority. This judgment of the Criminal Chamber citizen; head of the National intervention ended in the arrest of the Geneva Court of Appeal and Civilian Police (NCP) of Guatemala and the extrajudicial execution of ordered Sperisen’s retrial. from 2004 to 2007 seven prisoners. On 20 September 2017, the Swiss Country of residence Procedure Federal Court allowed Sperisen’s of suspect release pending his retrial. In 2008, TRIAL International and Switzerland several Swiss organizations filed Sperisen’s new trial took place in a criminal complaint against April 2018 in Geneva. On 27 April Charges Sperisen with the Office of the 2018, Sperisen was sentenced to a Attorney General in Geneva, after 15-year sentence for his complicity Extrajudicial executions of seven discovering that he was living in the murders. He appealed the inmates at the Pavón prison in in Switzerland. He was arrested judgment to the Swiss Federal Court. Guatemala in 2006 on 31 August 2012 in Geneva. In March 2013, the mother of one On 28 November 2019, the Swiss Current status of the victims joined the criminal Federal Court confirmed the proceedings. Sentenced confirmed at the conviction of Sperisen and his national level; appealed before the sentence to 15 years in prison. The Sperisen’s trial opened on 15 May European Court of Human Rights Court confirmed his participation 2014 in Geneva. He was convicted (ECtHR) in the killing of seven detainees on 6 June 2014 and sentenced to during the repression of a mutiny life imprisonment for the crimes at the Pavón prison in September Developments in 2020 he committed in the Pavón prison, 2006. but he was acquitted for other Erwin Sperisen requested the charges. review of the Swiss Federal Court’s judgment. His appeal was FOLLOW-UP ON OTHER Sperisen appealed the conviction dismissed by the Court on 27 April CASES and his appeal trial took place 2020. from 4 to 8 May 2015 before the Huber: the investigation is Criminal Chamber of the Geneva ▪ ongoing

73 THE NETHERLANDS

JABHAT AL-NUSRA COMMANDER REMAINS IN DETENTION Abu Khuder

Context a Syrian border force knowna as based on witness testimonies the Camel Corps when the Syrian obtained following a raid against Ongoing proceedings for war crimes conflict erupted in 2011, prompting six suspected former Jabhat al- allegedly committed in Syria in 2012. him to join the Nusra members in Germany. This is the first case of a foreign (FSA) in its fight against the al- national being charged for crimes Assad regime. The same article On 24 May 2019, an investigative committed during the Syrian civil war states that Khuder subsequently judge in The Hague ordered the under Dutch universal jurisdiction laws became disillusioned with the prolongation of Khuder’s detention FSA’s disorganization and lack of during the judicial investigation. In Suspect success. hearings on 2 September and 18 Syrian national; alleged former November 2019, the lawyers of member of Jabhat al-Nusra He allegedly radicalized and joined the accused denied the charges. Jabhat al-Nusra, a group previously linked to al-Qaeda, after members Country of residence of that organization helped them of suspect attack an army base in the eastern The Netherlands city of Mohassan, driving out the government forces. He then reportedly rose to command a Charges Jabhat al-Nusra battalion known as War crimes and membership in a Ghuraba’a Mohassan (Strangers of terrorist organization Mohassan). In this capacity, Khuder allegedly participated in the execution of a captured Syrian lieutenant Current status colonel in July 2012. Khuder denies Under investigation; detained the charges, maintaining that he lied to the Guardian journalist regarding Developments in 2020 his membership in Jabhat al-Nusra and that he, while present at the site Ahmad al Khedr, also known as Abu of the killing, was not involved in the Khuder, remained in detention, his officer’s execution. request to be released due to the illness of his daughter was rejected. He was, however, allowed to visit Procedure his family every three to four weeks, Khuder has been living in the accompanied by prison guards. Netherlands since 2014, where he was granted temporary asylum. Facts On 21 May 2019, he was arrested by Dutch police on suspicion of war According to an interview he gave crimes and terrorism offenses. to the newspaper The Guardian According to the Dutch National in 2012, Khuder was an officer in Public Prosecutor, the arrest was

74 Active personality WITNESSES AND Facts VICTIMS TESTIFY IN THE The suspect is alleged to have INVESTIGATION AGAINST been the commander and the AFGHAN PRISON head of the Department of Political COMMANDER Affairs of the Pul-e-Charki prison in Kabul in the 1980s. The prison Abdul Razaq Arif was reportedly notorious for its inhumane regimen during the Context Soviet-Afghan war, with detainees being illegally imprisoned, tortured Ongoing proceedings for war crimes and subjected to inhumane and allegedly committed in Afghanistan degrading treatment, as well as in the 1980s executed. According to the Dutch Public Prosecutor, investigators Suspect of the International Crimes Team Dual Afghan and Dutch citizen; have received dozens of witness alleged former commander of the statements testifying to Abdul Pul-e-Charki prison in Kabul Razaq Arif’s involvement in the crimes.

Country of residence of suspect Procedure The Netherlands On 12 November 2019, the Dutch police arrested Arif on suspicion of war crimes. He reportedly arrived Charges in the Netherlands in 2001 and War crimes later obtained Dutch nationality.

Current status Pending trial; detained

Developments in 2020 In 2020, the prosecutors have reportedly gathered witness statements from victims and former employees in the Afghan communist government, demonstrating that the suspect worked in three different positions at the Pul-e-Charki prison. The trial should start in late 2021 before the District Court of The Hague.

75 YOUTUBE VIDEO Facts PRESENTED TO According to the prosecution, the PROVE WAR CRIME suspect commanded Ahrar al- Name withheld Sham fighters and took part in an offensive in the city of Hama in April 2015. During this time, he allegedly Context subjected persons who were hors de Ongoing proceedings for war combat to humiliating and degrading crimes allegedly committed in treatment by posing with the corpse Syria in 2015 by a commander of of an enemy fighter and kicking the Salafist militant group Ahrar al- the body of another. In addition, he Sham. That group was designated allegedly appears in a video, posted as a terrorist organization by a on YouTube, “singing to celebrate the Dutch court in 2019 deaths of fighters and referring to them as dogs”. Suspect Procedure Syrian national; alleged former commander of Ahrar al-Sham On 22 October 2019, Dutch police arrested the suspect in an asylum center in Ter Apel, on suspicions Country of residence of outrages upon personal dignity of suspect constituting a war crime. According The Netherlands to the Dutch Public Prosecutor, the suspect was flagged by German authorities in 2015 when he spent Charges a short time seeking asylum there War crimes and membership in a before returning to Syria due to terrorist organization personal circumstances.

Current status Detained; under investigation

Developments in 2020 On 15 January 2020, the suspect was heard before the High Secure Court in Amsterdam. Two witnesses stated that the suspect was with Ahrar al-Sham. The Public Prosecutor found a YouTube video showing the suspect celebrating the death of government soldiers. The suspect’s lawyer rejected this evidence and argued it would not be possible to ascertain that his client could be identified on the video.

76 Active personality APPEAL TRIAL ONGOING Facts Procedure in the IN THE RED TERROR CASE In 1974, the communist military Netherlands Eshetu Alemu regime, known as the Dergue, Alemu was arrested in the overthrew Emperor Haile Selassie Netherlands in September 2015. I and seized power in . The In September 2016, 15 Ethiopian Context regime effectively ruled the country witnesses residing in the United Ongoing proceedings for war for the next 17 years. In February States and were questioned crimes committed in Ethiopia 1977, the Red Terror was officially by a Dutch judge and a prosecutor. during the Red Terror declared, which led to mass killings, Alemu pleaded not guilty to all arrests, torture and enforced charges. disappearances against suspected Suspect political opponents. Eshetu Alemu On 15 December 2017, Alemu Dutch national originally from is accused of ordering the execution was found guilty of war crimes, Ethiopia; former member of the of 75 people, of torturing nine including arbitrary detention, Provisional Military Administrative people and of controlling the illegal inhumane treatment, torture and Council, also known as the Dergue, detention of more than 300 people murders. He was sentenced to life during the Mengistu Haile Mariam in cruel and inhumane conditions in in prison. regime the Gojjam province during the Red Terror. Alemu appealed his conviction on Country of residence 3 January 2018. On 23 April 2018, of suspect In 1990, Alemu fled to the Netherlands a first pre-trial hearing took place as an asylum seeker and acquired before The Hague Court of Appeal. The Netherlands Dutch citizenship in 1998. At the defense’s request, on 19 November 2018, the Court agreed to Charges Procedure in Ethiopia hear a dozen witnesses in Ethiopia. An investigative judge traveled to War crimes including arbitrary On 12 December 2006, Ethiopia Ethiopia, together with the defense detention, inhumane treatment, concluded the trial of former counsel and prosecutors, to hear torture and murder of alleged Dergue officials, convicting Alemu, those witnesses. opponents to the regime and 57 other regime officials, for genocide and crimes against Current status humanity. Alemu was judged in absentia and received a death Sentenced to life in prison; appeal sentence. ongoing

Developments in 2020 The appeal is ongoing.

77 Active personality “BLOOD TIMBER” On 5 November 2020, the South eight-year prison term for breaking BUSINESSMAN African Department of Home the UN arms embargo. Both sides DECLARED PERSONA Affairs canceled Kouwenhoven’s filed an appeal. visitor’s visa and declared him NON GRATA IN SOUTH undesirable. He was given 10 On 10 March 2008, the Dutch Court AFRICA working days (until 20 November) of Appeal overturned the conviction Guus Kouwenhoven to appeal the decision. and acquitted him of all charges due to a lack of evidence. According to Kouwenhoven’s Context attorney, a challenge to the conviction On 20 April 2010, the Supreme Ongoing proceedings for alleged in the Netherlands is currently Court of the Netherlands overturned war crimes committed during the pending before the European Court of the decision of the Court of Appeal. second Liberian civil war (1999- Human Rights. The Supreme Court considered that 2003) the appeal judges wrongly rejected a prosecution request to hear the Facts Suspect testimonies of two new witnesses, Whilst managing the largest timber and ordered a retrial. Dutch national, Director of Operations operation in Liberia, Kouwenhoven at the Oriental Timber Company and facilitated the importation of In December 2016, Kouwenhoven owner of the Royal Timber Company, weapons for then-Liberian President fled to South Africa. Kouwenhoven’s both operating in Liberia Charles Taylor, thereby contravening appeal hearings nevertheless began United Nations Security Council on 6 February 2017 before the Country of residence embargoes. These weapons were Court of Appeal of Den Bosch. On of suspect supplied to militias and used to carry 10 February 2017, the prosecution out numerous massacres during the requested a 20-year prison sentence. The Netherlands second Liberian civil war. On 21 April 2017, the Court of Charges Kouwenhoven made available Appeal of Den Bosch sentenced trucks, drivers and facilities for Kouwenhoven in absentia to 19 years’ Complicity in war crimes; supplying the transportation and storage imprisonment for complicity in war arms and ammunition in violation of crimes committed in Liberia and for embargoes of weapons, as well as armed personnel to Taylor’s troops. his involvement in arms trafficking. The Court of Appeal considered that Current status by providing weapons, personnel Procedure Sentenced; extradition denied and equipment to the armed conflict, On 18 March 2005, Kouwenhoven Kouwenhoven consciously accepted was arrested in Rotterdam. He was the probability that war crimes Developments in 2020 charged with delivering arms to and/or crimes against humanity On 21 February 2020, the Cape Liberia, involvement in war crimes would be committed. Town Magistrate’s Court denied committed in that country and the extradition request of Guus breaching the embargo decreed by On 8 December 2017, Kouwenhoven Kouwenhoven to the Netherlands, the UN on Liberia. was arrested in South Africa on a as South Africa’s Extradition Act Dutch warrant. The Netherlands limits extraditions to those regarding His trial began on 24 April 2006 in The requested his extradition. offenses committed within the Hague. On 7 June 2006, the Dutch applicant state. Court acquitted Kouwenhoven of Kouwenhoven’s extradition hearings war crimes due to a lack of evidence. in South Africa were postponed He was, however, sentenced to an several times in 2018 for medical

78 reasons. The last hearing took place in October 2018.

On 26 June 2018, the Advocate General advised the Dutch Supreme Court to uphold the appeal judgment and confirm his conviction for complicity in war crimes. On 18 December 2018, the Supreme Court upheld his conviction for aiding and abetting war crimes. The judgment is now final.

Kouwenhoven challenged the legality of the arrest warrant issued by the Magistrate’s Court in Pretoria, South Africa, arguing that it was unlawful and invalid. On 19 September 2019, the Court confirmed that the warrant itself, the applicant’s arrest on 8 December 2017 and the proceedings to date were all lawful.

79 UNITED KINGDOM

GENOCIDE SUSPECTS QUESTIONED BY THE METROPOLITAN POLICE Vincent Bajinya, Celestin Ugirashebuja, Charles Munyaneza, Emmanuel Nteziryayo and Celestin Mutabaruka

Context Current status request by Rwanda. They were later released following the UK’s refusal to Ongoing investigations against five Under investigation extradite due to concerns about their suspects for crimes committed right to a fair trial in Rwanda. during the 1994 genocide in Rwanda Developments in 2020 In September 2020, the suspects On 22 December 2015, a British Suspects (except Munyaneza, who suffered a court declined to order extradition Five Rwandan nationals: Vincent stroke) were voluntarily questioned in response to a new request. Bajinya (also known as Vincent by police. None were arrested. The decision regarding the first Brown), allegedly a close associate four suspects was founded on the conclusion that there was a real of former Rwandan President Facts Juvénal Habyarimana; Celestin risk of an unfair trial if they were Ugirashebuja, allegedly mayor of Bajinya is alleged to have established extradited, such that there would be Kigoma in the Gitamara province, and supervised checkpoints in Kigali a breach of Article 6 of the European and a longstanding member of the and near Kibihekane School in Convention on Human Rights. The National Revolutionary Movement northwest Rwanda, where killings decision regarding Mutabaruka was for Democracy and Development; took place. Munyaneza is alleged that his extradition was barred by the Charles Munyaneza, allegedly mayor to have encouraged others to kill rule against double jeopardy. of Kinyamakara in the Gikongoro Tutsis, organized roadblocks and led province; Emmanuel Nteziryayo, several attacks in Ruhashya, which An appeal took place before the allegedly mayor of Mudasomwa killed thousands. Nteziryayo and High Court. On 28 July 2017, the in the Gikongoro province; and Ugirashebuja are alleged to have Court upheld the first instance Celestin Mutabaruka, allegedly a local ordered the killing of Tutsis and to decision. It ruled that if extradited, politician in the Gikongoro province have provided weapons to do so. the suspects would be at risk of Mutabaruka is alleged to have led a flagrant denial of the right to attacks in Gatare and on Muyira Hill in a fair trial. It also found that the Country of residence Bisesero, which are reported to have extraditions of Mutabaruka and of suspects killed tens of thousands. Nteziryayo were barred by the United Kingdom rule against double jeopardy.

Procedure In January 2018, Rwandan General Charges On 29 May 2013, following extradition Prosecutor Jean Bosco Mutangana Genocide, complicity in genocide, requests by the Rwandan authorities, and Prosecutor Jean Bosco crimes against humanity and the UK police arrested the five Siboyintore, Head of the Genocide conspiracy to murder suspects. Four of the suspects Suspects Tracking Unit, traveled to had already been arrested in 2006 to request the UK to open following an earlier extradition an investigation against the five

80 suspects. They recalled the obligation of the UK, if it was unwilling to extradite the suspects, to try them in its own courts. The Metropolitan Police has since commenced an investigation.

The five suspects are being investigated for their alleged involvement in the 1994 genocide. On 9 April 2019, British police forces announced that the allegations against the suspects were being actively investigated. The UK Minister of State for Security and Economic Crime announced that officers had been sent to Rwanda to investigate on the ground.

81 45-YEAR-OLD LONDONER SUSPECTED OF WAR CRIMES Name withheld

Context Arrest and ongoing inquiries into a suspect of war crimes committed during the first and second Liberian civil wars (1989-1996 and 1999- 2003 respectively)

Suspect 45-year-old Liberian national

Country of residence of suspect United Kingdom

Charges War crimes

Current status Under investigation

Developments in 2020 On 27 August 2020, officers from the Metropolitan Police’s War Crimes Team arrested a 45-year-old man on suspicion of war crimes contrary to Section 51 of the International Criminal Court Act 2001, as confirmed by Scotland Yard. The man was held in custody while officers searched an address in southeast London. He was questioned at a central London police station and was then released under investigation on 28 August 2020.

82 UNITED STATES OF AMERICA

FIRST PROSECUTION OF A MEMBER OF YAHYA JAMMEH’S DEATH SQUAD Michael Sang Correa

Context On 11 June 2020, the US Department Procedure of Justice charged Correa with six Ongoing proceedings against an On 17 September 2019, the US counts of torture and one count alleged former member of the Department of Homeland Security of conspiracy to commit torture Junglers, a paramilitary unit in arrested Correa in Denver, Colorado under the US’ extraterritorial torture The Gambia, for crimes of torture for overstaying his visa. Correa was statute. Correa pleaded not guilty committed in March and April a placed in immigration detention and to the charges against him and 2006. The Junglers are believed removal proceedings. to be responsible for carrying out is currently in detention awaiting trial. Correa’s indictment marks the widespread human rights abuses on Following news of his detention, first prosecution of a member of behalf of former Gambian President a coalition of human rights Jammeh’s death squad anywhere in Yahya Jammeh organizations and Correa’s victims, the world, and is only the third time including the Center for Justice and the US has laid charges pursuant to Accountability, the African Network Suspect its extraterritorial torture statute. Against Extrajudicial Killings and Alleged former member of the Enforced Disappearances, the Junglers death squad unit Facts Gambia Center for Victims of Human The Gambia was under the control Rights Violations, the Guernica Centre Country of residence of Yahya Jammeh from 1994 to for International Justice, Human of suspect 2016. For more than two decades, Rights Watch, the Solo Sandeng United States of America human rights violations, including Foundation and TRIAL International enforced disappearances, torture, called on the US to investigate the credible allegations of grave Charges , sexual violence and arbitrary detention were international crimes committed by Torture and conspiracy to commit widespread. Correa in The Gambia. torture The Junglers were an armed unit of Current status the presidential guard that reported directly to Jammeh. In the aftermath Detained; pending trial of a failed coup in 2006, the regime announced that it would crush all Developments in 2020 opposition. A wave of arrests took place in The Gambia. Correa and Michael Sang Correa applied for other Junglers allegedly tortured the asylum in the US, but his application detainees. In 2015, the United Nations was denied in January 2020. He Special Rapporteur on Torture found appealed this denial in February that the Junglers carried out the 2020. regime’s most repressive abuses: arbitrary detention, torture, enforced disappearance and extrajudicial killing.

83 HISTORICAL SENTENCE Developments in 2020 Philadelphia. Over 20 victims came from Liberia to testify regarding UPHELD IN IMMIGRATION On 8 September 2020, the United crimes committed by Jabbateh or FRAUD CASE States Court of Appeals for the under his control. They testified Third Circuit rejected Mohammed Mohammed Jabbateh about rapes and torture, killings and Jabbateh’s appeal, upholding his looting, pillaging and acts of ritual conviction and 30-year prison cannibalism–committed personally sentence in full. Context or ordered, facilitated and/or encouraged by Jabbateh among his Closed trial and appeal proceedings Facts ULIMO fighters. in Philadelphia, Pennsylvania for During the first Liberian civil war, immigration fraud and perjury. Jabbateh was charged with two Jabbateh lied to the immigration Jabbateh was a high-ranking officer in the rebel group ULIMO. counts of fraud in immigration authorities regarding his involvement documents, and two counts of in the first Liberian civil war (1989- perjury stemming from statements 1996) In this capacity, Jabbateh allegedly ordered, facilitated and encouraged he made in connection with his murder of civilian non-combatants, applications for asylum and later Suspect enslavement and sexual enslavement, for legal permanent residence in the US. On 18 October 2017, he was High-ranking officer in the United public raping, maiming of civilians, found guilty by a jury on all four Liberation Movement for Democracy torture, conscription of child soldiers, counts. He appealed his conviction in Liberia (ULIMO), a rebel group execution of captured fighters and the and sentence. fighting against former Liberian desecration and mutilation of corpses. President Charles Taylor’s National Patriotic Front of Liberia Procedure Jabbateh was arrested on 13 April Country of residence 2016 in Philadelphia. He was placed of suspect under house arrest on 18 April United States of America 2016. The NGO Civitas Maxima and its Liberian sister organization, Charges the Global Justice and Research Project, collaborated with the US Two counts of fraud in immigration Department of Homeland Security documents, two counts of perjury on the investigation since 2014. The trial began on 2 October 2017 in Current status Convicted to 30 years in prison; sentence upheld on appeal

84 CONVICTED NPFL Facts On 12 May 2014, Woewiyu was SPOKESMAN DIES Woewiyu was one of the co-founders arrested in Newark Airport in New OF COVID-19 and leaders of the NPFL, a military Jersey as he was returning from organization led by Taylor aiming Jucontee Thomas Smith Woewiyu Liberia. In October 2014, bail was to overthrow the Doe government. paid, and a federal judge from On 24 December 1989, the NPFL Philadelphia granted him temporary Context entered Liberia through the Côte release before his trial, under the d’Ivoire. By April 1990, it controlled Concluded trial in Philadelphia, condition that he stayed under 90 percent of the country. Pennsylvania for immigration fraud house arrest. On 11 June 2018, his and perjury. Jucontee Thomas Smith trial commenced in Philadelphia. The NPFL is accused of many Woewiyu lied to the immigration Over 35 witnesses testified to his international crimes, including authorities regarding his involvement direct and indirect involvement with sexual slavery, mass murders and in the first Liberian civil war war crimes during the civil war. On 3 the recruitment and use of child July 2018, the jury found him guilty soldiers. Woewiyu was involved in Suspect on 11 of 16 counts. The maximum the planning of attacks on civilians, sentence he faced was 75 years in Co-founder and co-leader of the including Operation Octopus in prison. National Patriotic Front of Liberia 1992. The operation led to the (NPFL); he served as the faction’s violent attempted seizure of the Spokesman and Defense Minister capital Monrovia, and resulted in former President Charles Taylor’s in the murder of thousands of government. soldiers/fighters and civilians, including the executions of five Country of residence American nuns. of suspect Since January 1972, Woewiyu had United States of America legal permanent residence in the US. He had applied for citizenship in Charges January 2006. Immigration fraud, perjury

Procedure Current status On 30 January 2014, Woewiyu was Convicted; deceased from covid-19 indicted on seven counts of perjury, while awaiting sentencing six counts of immigration fraud and three counts of false statements Developments in 2020 related to his naturalization. On 12 April 2020, after repeated Woewiyu was accused of having postponements of his sentencing lied on his citizenship application; hearing in 2018 and 2019, Woewiyu failing to disclose his association died of covid-19 after a week of with the NPFL. He was also accused treatment at the Bryn Mawr Hospital of having been connected to crimes in Philadelphia. committed by the NPFL.

85 CIVIL UNIVERSAL Mamani et al. v. Sánchez de Camps v. Bravo JURISDICTION CASES Lozada and Sánchez Berzaín In 2020, the Center for Justice and In 2007, the Center for Constitutional Accountability brought a lawsuit in In the United States, suspects of Rights filed a lawsuit on behalf of a federal court in Florida under the international crimes who are found nine Aymara indigenous Bolivians in TVPA against Roberto Guillermo in the country can be subject to civil a federal court in Florida under the Bravo for his alleged role in the suit for violations of international law ATS and TVPA against the former 1972 massacre of 19 political committed outside of the US, based President of Bolivia, Gonzalo Sánchez prisoners held at the Almirante Zar on several different federal statutes: de Lozada, and the former Minister of naval base in Trelew, Argentina.

Defense, Carlos Sánchez Berzaín. The Alien Tort Statute (ATS) gives In 1972, political prisoners were US federal courts jurisdiction to hear The claims arose from a brutal detained far from their relatives lawsuits filed by non-US citizens crackdown by the Bolivian military and lawyers in Rawson prison, in for torts committed in violation of during a period of civil unrest in the southern province of Chubut, international law where the claims September and October 2003, Argentina. A group of these political sufficiently touch and concern the during which over 50 civilians prisoners attempted to escape on 16 territory of the US. Over the past were killed and hundreds more August 1972. Of the 25 individuals 30 years, the ATS has been used were injured. The Aymara plaintiffs who fled the detention center, 19 successfully in cases involving sought to hold these two officials were recaptured at the nearby torture, State-sponsored sexual responsible for their alleged role in airport. This group of young men violence, extrajudicial killings, crimes planning and organizing the mass and women were transported against humanity, war crimes and killings that resulted in the death to Almirante Zar naval base, where arbitrary detention. of their family members. they were interrogated and allegedly tortured. The Torture Victim Protection In April 2018, a federal jury found Act (TVPA) allows US citizens and Sánchez de Lozada and Sánchez A week later, on 22 August 1972, a non-citizens alike to bring civil Berzaín responsible for their group of Argentinian naval officers, claims for torture and extrajudicial roles in planning and ordering including Bravo, entered the holding killing committed by foreign State the crackdown that led to the cell area in the middle of the actors. extrajudicial killings. This was the night. They reportedly ordered the first time a former head of State prisoners to exit their cells and lined The Foreign Sovereign Immunities was found guilty in a US court for them up against a wall. The officers Act and the Anti-Terrorism Act human rights abuses. In May 2018, then allegedly opened fire on the also permit civil claims against the trial court judge overturned group, shooting indiscriminately. perpetrators of mass atrocity under the unanimous jury verdict, a Many of the prisoners were killed limited circumstances. decision which was appealed by the or injured in the initial round of plaintiffs. gunfire. Others attempted to hide These civil cases not only offer but were allegedly tracked by the survivors an opportunity to face In August 2020, the court of officers and shot at close range. their abusers in a court of law, but appeals reversed the lower court’s can also pave the way for criminal ruling. The case was remanded Argentinian courts found the Trelew proceedings. Hereafter are some back to the trial court for further Massacre was a crime against cases with notable developments proceedings, which are currently humanity, committed in the context from this past year. underway. of widespread and systematic persecution of the political opponents of the so-called Argentinian Revolution, a military dictatorship that

86 began in 1968, and which appointed General Alejandro Lanusse as de facto president in 1971.

Bravo was arrested by US authorities in 2019 and released on bail pending the certification of his extradition to Argentina where an arrest warrant was issued against him.

Boniface v. Viliena

This case seeks to hold Mayor Jean Morose Viliena accountable for a 2007 to 2009 campaign of killing, torture and mass arson that took place in Haiti. Viliena is a United States legal permanent resident.

In 2017, the Center for Justice and Accountability filed a lawsuit before a federal court in Massachusetts setting out claims under the ATS and TVPA against Viliena on behalf of three media activists and human rights defenders who spoke out against government corruption and brutality.

In August 2018, the court ruled that claims related to torture, murder and mass arson were permitted to proceed. The defendant sought an interlocutory appeal, which was ultimately denied by the First Circuit Court of Appeals in February 2020. The case is currently in civil discovery, with trial scheduled for 2021.

87

© Getty Images / Damien Meyer (2020)

Table of cases 90 CHARGES COUNTRY OF COUNTRY OF CURRENT CASE Crimes PAGE War Other PROSECUTION COMMISSION Torture Genocide against STATUS crimes charges humanity

Rodolfo Martín Villa Under Argentina Spain 17 and others • • investigation

Aung San Suu Kyi Under Argentina Myanmar 19 and others • • investigation

Khaled H. and Under Austria Syria 20 others • • investigation

Sentenced to 25 years’ Fabien Neretsé Belgium Rwanda • • imprisonment; 21 confirmed on appeal

Ernest Gakwaya and Emmanuel Belgium Rwanda • • Pending trial 22 Nkunduwimye

Democratic Alexis Thambwe Belgium Republic of the Case closed 23 Mwamba • • Congo Under Pierre Basabose, investigation; Séraphin Twahirwa Belgium Rwanda detained and 24 and Christophe • under judicial Ndangali surveillance Under investigation; Martina Johnson Belgium Liberia 25 • • under house arrest, indicted Under Gibril Massaquoi Finland Sierra Leone • • investigation; 26 detained Acquittal confirmed on Iraqi twin brothers Finland Iraq • • appeal; case 27 definitively closed Democratic Under Roger Lumbala France Republic of the • investigation; 28 Congo detained

Under Abdulhamid A. France Syria 29 • investigation

Ali Mamluk, Jamil Under Hassan and Abdel France Syria 30 • • • • investigation Salam Mahmoud

The Rémi Ochlik, Marie Colvin and Under France Syria 31 Edith Bouvier • investigation investigation

Under Sabri Essid and investigation; France Syria 32 Nabil Greseque • • arrest warrant issued

91 CHARGES COUNTRY OF COUNTRY OF CURRENT CASE Crimes PAGE War Other PROSECUTION COMMISSION Torture Genocide against STATUS crimes charges humanity

Active personality Under Lafarge SA–Eric France Syria 33 • • investigation Olsen and others

Active personality Under France Sudan 35 BNP Paribas • • • • investigation

Under Amesys France Libya 36 • investigation

Under investigation; Ahmed Hamdane France Iraq under 37 El Aswadi • • extradition proceeding

Under Mahamat Nouri France Chad, Sudan 38 • investigation

Central Under Eric Danboy France African investigation; 39 Bagale • • • • Republic detained

Under Kunti K. France Liberia • • investigation; 40 detained

Under investigation; Islam Alloush France Syria 41 • • • indicted; detained

Active personality Under Philippe France Rwanda • investigation; 42 Hategekimana detained

Eugène Rwamucyo France Rwanda • • Pending trial 43

Referred to Laurent the criminal France Rwanda 43 Bucyibaruta • • court; referral under appeal

Active personality Claude France Rwanda • • Pending trial 44 Muhayimana

Structural investigation into Under crimes committed Germany Syria 46 • • • investigation by the Syrian regime

Anwar R. and Eyad A. Germany Syria • • • On trial 48

92 CHARGES COUNTRY OF COUNTRY OF CURRENT CASE Crimes PAGE War Other PROSECUTION COMMISSION Torture Genocide against STATUS crimes charges humanity

Under Alaa M. Germany Syria • • investigation; 50 detained

Sentenced Kassim A. Germany Syria • to 1.5 years’ 51 imprisonment

Convicted for Carla-Josephine S. Germany Syria 51 • • war crime

Abdalfatah H. A., Abdul Jawad A. K., Germany Syria Sentenced 51 Abdulrahman A. A. • • and Abdoulfatah A.

Mohammed Rafea Germany Syria Sentenced 52 Yaseen Y. • •

Fares A. B. Germany Syria • • Sentenced 52

Arrested; Khedr. A. K. and Germany Syria under 52 Sami A. S. • • investigation

Active personality Germany Iraq On trial 53 Jennifer W. • •

Active personality Germany Iraq On trial 53 Taha A. J. • • •

Active personality Sentenced Germany Syria to 3.5 years’ 54 Omaima A. • • imprisonment

Active personality Germany Syria Pending trial 54 Nurten J. • • •

Active personality Under Germany Argentina preliminary 55 Luis Esteban Kyburg • • • investigation

Seven Gambian Under Germany The Gambia 56 nationals • investigation

Convicted; Ahmad Zaheer D. Germany Afghanistan • new sentence 57 expected

Pending Yahya Jammeh Ghana The Gambia 58 • • investigation

93 CHARGES COUNTRY OF COUNTRY OF CURRENT CASE Crimes PAGE War Other PROSECUTION COMMISSION Torture Genocide against STATUS crimes charges humanity

Sentenced to life Hassan Faroud Hungary Syria 59 • • imprisonment; under appeal

Mohammed Condè, Hameda Ahmed Italy Libya Sentenced 60 and Mahmoud • Ashuia

Active personality Case Italy Saudi Arabia dismissed; 61 RWM Italia S.p.A • under appeal

Passive personality Under Lithuania Belarus 62 Belarus officials • investigation

Democratic Under Paul Mwilambwe Senegal Republic of 63 • investigation the Congo

Passive personality Sentenced Inocente Orlando Spain El Salvador • to 133 years’ 64 Montano Morales imprisonment

Under Hamid Noury Sweden Iran • investigation; 66 detained

Members of the Under Syrian intelligence Sweden Syria 67 • • • • investigation services

Under Ousman Sonko Switzerland The Gambia • • investigation; 68 detained

Under investigation; sentenced Rifaat al-Assad Switzerland Syria 69 • to 4 years’ imprisonment in France

Under Khaled Nezzar Switzerland Algeria 71 • • investigation

Alieu Kosiah Switzerland Liberia • On trial 72

Sentenced to 15 years’ imprisonment; Active personality confirmed Erwin Sperisen Switzerland Guatemala • on appeal; 73 case before the European Court of Human Rights

94 CHARGES COUNTRY OF COUNTRY OF CURRENT CASE Crimes PAGE War Other PROSECUTION COMMISSION Torture Genocide against STATUS crimes charges humanity

Under The Abu Khuder Syria investigation; 74 Netherlands • • detained

Active personality The Pending trial; Afghanistan 75 Abdul Razaq Arif Netherlands • detained

Under Ahrar al-Sham The Syria investigation; 76 commander Netherlands • • detained

Sentenced Active personality to life The Eshetu Alemu Ethiopia imprisonment; 77 Netherlands • re-trial ongoing

Sentenced Active personality to 19 years’ The Guus Liberia imprisonment; 78 Netherlands • • Kouwenhoven extradition denied

Vincent Bajinya, Celestin Ugirashebuja, Charles United Under Munyaneza, Rwanda 80 Kingdom • • • investigation Emmanuel Nteziryayo and Celestin Mutabaruka

Under United Liberian suspect Liberia investigation; 82 Kingdom • detained

Michael Sang United States Pending trial; The Gambia 83 Correa of America • detained

Conviction and 30- Mohammed United States year prison Liberia 84 Jabbateh of America • sentence upheld on appeal

Convicted; deceased Jucontee Thomas United States Liberia from covid-19 85 Smith Woewiyu of America • while awaiting sentencing

Civil universal United States Under 86 jurisdiction cases of America • investigation

95 96 WHO WE ARE

TRIAL INTERNATIONAL

TRIAL International is a non-governmental organization fighting 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. www.trialinternational.org

THE EUROPEAN CENTER FOR CONSTITUTIONAL AND HUMAN RIGHTS

The European Center for Constitutional and Human Rights (ECCHR) is an independent, non-profit 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. www.ecchr.eu

REDRESS

REDRESS is a non-governmental organization that pursues legal claims on behalf of survivors of torture in the UK and around the world to obtain justice and reparation for the violation of their human rights. It empowers survivors to access justice through cases against governments, civil cases against individuals and cases where it advocates for law enforcement bodies to prosecute perpetrators under the principle of universal jurisdiction. REDRESS’s approach is strategic, so that as well as representing an individual it targets the policy reasons that enabled the torture to take place, by building a campaign that uses advocacy, community engagement and communications to influence change. www.redress.org

97 THE CENTER FOR JUSTICE AND ACCOUNTABILITY

The Center for Justice and Accountability (CJA) is a United States-based human rights legal organization dedicated to accountability for torture, war crimes, crimes against humanity and other grave abuses. Using innovative litigation and transitional justice strategies, CJA partners with survivors and their communities to seek truth, justice and redress for atrocity. www.cja.org

CIVITAS MAXIMA

Civitas Maxima, based in Geneva (Switzerland), ensures the coordination of a network of international lawyers and investigators who work for the interest of those who have been victims of international crimes, particularly war crimes and crimes against humanity. www.civitas-maxima.org

THE INTERNATIONAL FEDERATION OF HUMAN RIGHTS

The International Federation of Human Rights (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 192 member organisations from 117 countries around the world. An independent organization: FIDH is not linked to any party or religion, and is independent of all governments. www.fidh.org

98 99 Rue de Lyon 95 - 1203 Geneva Switzerland +41 22 321 61 10

[email protected] @trial

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