Universal Annual Review 2020

Terrorism and international : prosecuting atrocities for what they are #UJAR

In collaboration with Cover: A boy walks through a street near his home in Qayyarah (, 2016) © Nicole Tung Universal Jurisdiction Annual Review 2020

Terrorism and international crimes: prosecuting atrocities for what they are #UJAR

This publication benefited from the generous support of the Taiwan Foundation for Democracy, the Oak Foundation, the City of Geneva, REDRESS, the European Center for Constitutional and Human and the International Federation for . TABLE OF CONTENTS

6 METHODOLOGY AND ACKNOWLEDGEMENTS

7 FOREWORD

9 THE SIMPLE WAY OUT? WHY INTERNATIONAL CRIMES MUST NOT BE PROSECUTED AS TERRORISM

13 KEY FINDINGS

15 CASES OF 2019

17 17 Demand for justice swells over the crimes of Franco’s regime Rodolfo Martín Villa and others 19 Rohingya people demand justice over Aung San Suu Kyi and others 20 Investigation continues against Saudi Crown Prince Prince Mohammed bin Salman

21 AUSTRIA 21 Retrial for war crimes in delayed Name withheld 22 Syrian intelligence services under investigation Names withheld

23 BELGIUM 23 Genocidaire convicted for the murder of a Belgian citizen and her family Fabien Neretsé 24 Two alleged Interahamwe members due for trial in 2020 Ernest Gakwaya and Emmanuel Nkunduwimye 25 President of the Senate investigated for orchestrating a plane crash Alexis Thambwe Mwamba 26 Still no trial for Liberian frontline commander Martina Johnson

27 FINLAND 27 War crimes conviction for the desecration of a dead body Ahmed Jabbar Hasan 28 Overcoming challenges of witnesses’ remote location The Iraqi twin brothers

29 FRANCE 29 Historical move against al-Assad’s regime Abdulhamid A. 30 Witnesses come forward against high-ranking Syrian ofcials Ali Mamluk; Jamil Hassan; Abdel Salam Mahmoud 31 Relatives receive compensation while investigations go on The Rémi Ochlik, Marie Colvin and Edith Bouvier investigations 32 NGOs sidelined as cement company indictment is confirmed Lafarge - Eric Olsen and others 34 French bank investigated for financing atrocities in Sudan BNP Paribas 35 Former Iraqi refugee detained and under investigation Ahmed Hamdane El Aswadi 36 Chadian rebel leader arrested in France Mahamat Nouri and others 37 Guantánamo case dismissal confirmed by Court of Appeal Geofrey Miller and others 38 Liberian war crimes suspect rearrested Kunti K. 39 Libyan insurgency commander under scrutiny Khalifa Haftar 40 Definitive life sentence for two mayors Octavien Ngenzi and Tito Barahira 41 of a genocidaire suspect Philippe Hategekimana 42 Investigation closed over a deputy’s involvement in the Félicien Baligira 43 25-year proceedings end with a dismissal Wenceslas Munyeshyaka 44 Three more upcoming genocide trials Laurent Bucyibaruta; Sosthène Munyemana; Claude Muhayimana

47 47 Structural investigation against the Syrian government: arrests and indictments Anwar R. and Eyad A. 49 Prosecuting genocide and other grave crimes committed against Yazidis Jennifer W. and others 50 Prosecuting crimes of non-State actors in Syria and Iraq Ibrahim Al F. and others 52 Afghan soldier tried and sentenced for war crimes Ahmad Zaheer D. 53 FDLR leaders’ case ends in an unexpected way Ignace Murwanashyaka and Straton Musoni 54 Case against Israeli Defense Forces discontinued in , but goes ahead in Germany Names withheld 55 GHANA 55 Ex-President of The Gambia tied to murders of migrants Yahya Jammeh

56 HUNGARY 56 European cooperation leads to the arrest of an ISIS suspect Hassan Faroud

57 ITALY 57 Torturing migrants earns Somali man life sentence Osmann Matammud 58 Three migrant torturers arrested in Messina Mohammed Condè; Hameda Ahmed; Mahmoud Ashuia 59 NGOs fight dismissal of arms trade case involving exports to Saudi Arabia RWM Italia S.p.A.

60 NETHERLANDS 60 First indictment over war crimes committed in Syria Abu Khuder 61 German tip-of allows arrest by Dutch police Name withheld 62 An Afghan prison commander detained on charges of war crimes Name withheld 63 Prosecutor starts hearing witnesses in Ethiopian “Red Terror” case Eshetu Alemu 64 “Blood timber” businessman awaiting extradition Guus Van Kouwenhoven

66 NORWAY 66 Victims and NGOs file complaint against Syrian ofcials Names withheld 67 Witness statements upheld as evidence against a Rwandan refugee Jean Chrysostome Budengeri

68 SPAIN 68 Salvadoran colonel maintained in detention Inocente Orlando Montano Morales 70 Syrian intelligence case definitively closed Ali Mamluk and others

72 SWEDEN 72 First case opened in the Karaj prison in Iran Hamid Noury 73 survivors report the crimes of at least 25 Syrian intelligence ofcials Names withheld 74 Case completed for Iraqi soldier posting pictures of dead ISIS fighters Kurda Bahaalddin H. Saeed H. Saeed 75 SWITZERLAND 75 Preventive detention renewed for the former Gambian Minister of Interior Ousman Sonko 76 Three ongoing procedures against the uncle of Bashar al-Assad Rifaat al-Assad 78 Algerian Minister’s prosecution drags on despite United Nations warning Khaled Nezzar 79 Rebel commander sent to trial for war crimes Alieu Kosiah 80 Conviction of the head of the Guatemalan police confirmed Erwin Sperisen 82 Swiss businessman under criminal investigation for pillage in DRC Christoph Huber

83 UNITED KINGDOM 83 Dismissal of torture charges against Charles Taylor’s ex-wife Agnes Reeves Taylor 85 Genocide investigation opened by the Metropolitan police Vincent Bajinya, Célestin Ugirashebuja, Charles Munyaneza, Emmanuel Nteziryayo and Célestin Mutabaruka

86 UNITED STATES OF AMERICA 86 Civil cases take over criminal proceedings

89 TABLE OF CASES

97 WHO WE ARE 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 2019 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 serious crimes under based on active or passive personality jurisdiction where the relevant case has also had an impact on the practice of universal jurisdiction.

The information presented in this report has been collected thanks to the collaboration of the prosecuting authorities of the countries studied with the lawyers and NGOs working on the cases. While every attempt was made to ensure accuracy, information may be subject to change without notice.

This report has been researched and written by Valérie Paulet, Project Coordinator at TRIAL International, in collaboration with REDRESS, the European Center for Constitutional and Human Rights and the International Federation for Human Rights.

The organizations are grateful to the following persons and organizations for their assistance and collaboration in collecting the information compiled in this report:

▪ The Center for Justice and Accountability; ▪ Guernica 37 International Justice Chambers; ▪ Civitas Maxima; ▪ Una Schamberger, Luc Walleyn and Tom Lynch; ▪ Prosecutors and investigative judges from Argentina, Belgium, France, Finland, Germany, the Netherlands, Norway, Sweden and the United Kingdom; and ▪ all the volunteers who assisted us.

This publication benefited from the generous support of the Taiwan Foundation for Democracy, the Oak Foundation, the City of Geneva, REDRESS, the European Center for Constitutional and Human Rights and the International Federation for Human Rights.

6 FOREWORD

Six years ago, we published the first Universal Jurisdiction Annual Review (UJAR) with the view to explain and democratize this legal tool. What universal jurisdiction was and how it worked remained at the time widely unknown to those who were not legal experts. And even within the legal community, it met with substantial skepticism.

A few years later the UJAR – its number of pages steadily increasing – started to focus on best practices and successful litigation strategies. As victims from war-struck Syria and Iraq took refuge in Europe, the number of universal jurisdiction cases increased significantly, often initiated by national authorities themselves. For many individuals, seeking justice in their host country was the only option, and so the debate shifted from whether to use universal jurisdiction to how. It is our hope that the UJAR, conceived as a concrete tool for practitioners, encouraged this trend.

This year, the UJAR focuses on the risks of confusing the prosecution of international crimes with the fight against terrorism. The implications of choosing pragmatism to the detriment of sound legal principles are substantial, and the consequences potentially grave. All mass atrocities should be fully and diligently investigated, even if such investigations are longer and more strenuous.

And yet. Looking back and measuring how far we have come in these past six years, we are hopeful that universal jurisdiction has rooted deeply enough to overcome this trend. The first UJARs were entitled Make way for Justice. We are convinced that the way has been made, that a breach has indeed been opened in the wall of impunity. Now we must keep up the fight to ensure all mass atrocities, regardless of who committed them and where, are prosecuted for what they are: international crimes.

As usual, we rely on your support to achieve this goal, and wish you an interesting reading.

Philip Grant TRIAL International Executive Director

Valerie Paulet Project Coordinator

7

Sunset on Baghouz frontline (Syria 2018) © Constantin Gouvy/TRIAL International

The simple way out? Why international crimes must not be prosecuted as terrorism

9

The fight against terrorism has Terrorism and Ignace Murwanashyaka and Straton become a political priority for many international crimes, Musoni in Germany.2 governments in the past years. same diference? Unsurprisingly, the judiciary has As a result, States have followed this trend and prosecutions To understand the situation increasingly prosecuted suspects for terrorism are also on the rise. requires a bit of legal and political under charges of terrorism rather But what exactly do charges for background. War crimes, crimes than international crimes. An “terrorism” encompass? More against humanity and genocide – apparently reasonable choice: importantly, what do they leave known collectively as international suspects appear faster in court, out? And paradoxically, could the crimes – share common features after shorter investigations increased use of terror charges with terrorism. They both concern requiring fewer resources. And threaten the prosecution of the atrocious crimes, which may yet… terrorism and international worst atrocities? be perpetrated in one State but crimes have fundamentally tried in another. In both cases, diferent legal bases, and using Paris, 5 December 2019. The suspects and victims may be the former to the detriment of Court of Appeal of Paris confirms foreign nationals. For this reason, the latter comes with significant the guilt of Mounir Diawara in many States, the same units drawbacks. and Rodrigue Quenum for are in charge of prosecuting both their participation in a terrorist types of crimes – for instance in organization and sentences them Terrorism has no the United Kingdom, in Germany international definition to 10 years’ imprisonment. The and in Switzerland. In the present accused had appeared in photos context of scarce resources, it is a First of all, not all prosecutions in combat fatigues in Syria, zero-sum game: prosecutions for are created equal. The first and Kalashnikovs in hand. One of them terrorism multiply at the expense most obvious shortcoming of was brandishing a severed head. of prosecutions for international terrorism is that it does not have a crimes. A victory for the fight against single, internationally recognized definition. Contrary to genocide, impunity for the worst crimes? Proving terror charges, especially torture, enforced disappearance Not quite. Mounir Diawara and membership in a terrorist organization, or war crimes, no international Rodrigue Quenum were brought is remarkably straightforward. treaty circumscribes terrorism to court on charges of terrorism, Convictions have been secured by as clearly. Each State has come and not international crimes (war few elements as a connection with up with its own definition, often crimes, a known terrorist, or traveling to influenced by current afairs and or genocide). In that precise a zone controlled by a terrorist public opinion. instance, the suspects could have organization. In comparison, also been charged, in addition to prosecuting international crimes This creates a loophole for mass the terrorism related charges, can be a complex and time- atrocities committed by State with outrages upon personal consuming matter: more elements agents. These actors are hardly , a war clearly defined must be proved, and prosecutors ever targeted by anti-terrorism by the . What are usually required to find policies, yet they are no less is in appearance a procedural and interview witnesses and complicit in international crimes. detail actually reflects a deep – survivors abroad, collect evidence Similarly, charges of terrorism do and alarming – legal trend which in a context with which they are not encompass the full scope of bears multiple consequences. unfamiliar – and sometimes human rights violations entailed even conduct their investigations in international definitions of war without seeing the crime scenes crimes, crimes against humanity at all.1 Put diferently, the same or genocide. For instance, the evidence may be insufcient targeting of a particular ethnic to prove international crimes, group, such as Yazidi populations but may lead to a conviction for in Islamic State (ISIS)-controlled terrorism-related ofenses. This territory, is not punished by is what happened in the case terrorism charges per se. against Congolese rebel leaders

1 See UJAR 2019, p. 6 2 Ignace Murwanashyaka and Straton Musoni case, p. 53. 11 Terrorism prosecutions the German courts,3 prosecutors Human rights are not the only – nor added allegations of murder, torture protection in jeopardy the best – way to and enslavement – as war crimes combat impunity and crimes against humanity – to In the longer run, omitting charges previous charges of participation in of international crimes weakens a terrorist organization. As a result, The determination of States to the very protection provided by new crimes were brought before prosecute suspects must be international . By the judges, including particularly acknowledged and praised. Not so ratifying conventions against shocking abuses against Yazidi long ago, domestic prosecutors genocide, war crimes and the like, children. France and the Netherlands would feel no incentive to punish States have assumed international are also looking into this practice, atrocities committed abroad. The obligations. They have agreed to called cumulative charging. idea that impunity must be fought abide by the highest standards globally is gaining momentum of protection against mass and is unequivocally positive. Terrorism is a crime atrocities. By resorting to terror But we cannot be satisfied with against State security, charges – domestically defined an approach to prosecution that not individuals without any sort of international omits a range of crimes. consensus – they are turning their backs on international norms Assessing the limits of terror built collaboratively over decades. Prosecuting suspects using charges requires understanding Universal jurisdiction itself is a terrorism charges is sometimes the intent behind the crimes. byproduct of this joint endeavor presented as the only way Fundamentally, terrorism is a and thousands of people have of combatting impunity. But threat to State security, whereas reaped its benefits. Must the conventions relating to international international crimes often target short-term “efciency” of terror crimes serve the same purpose, individuals. and cover a wider range of atrocities charges sweep aside this precious common legal heritage? than terrorism does. In other words, Several consequences derive from many acts commonly understood this core diference, the first being We are witnessing an as “terrorism” are actually war the role of victims themselves in unprecedented willingness from crimes, crimes against humanity or judicial proceedings. Terrorism States to prosecute and punish genocide: willful killing or injuring trials are rarely undertaken the worst international criminals. of civilians, torture, outrages upon on the initiative of victims, and Never has the demand from personal dignity, directing attacks victims’ testimony plays a lesser survivors, afected communities against civilian property and so on. part – if any – in the proceedings. and civil society for accountability Truth and justice for survivors are for mass atrocities been more not the raison d’être of trials for Combining terrorism powerful. Prosecuting authorities terrorism: what is at stake is the and international must not cave in to political security of the State. crimes charges pressure and limit this progress to terrorism charges. With the For the same reason, a terrorism Thus, the debate is not terrorism support of civil society and rooted trial will only tell a part of the charges versus impunity, but in compelling international norms, story. The purpose of prosecution on the exact qualification of the they must prosecute crimes is to prove a threat to the State crimes. Prosecuting atrocities against humanity, war crimes and itself, not the atrocities sufered by as international crimes presents genocide for what they are. No victims. At best, perpetrators may sounder legal bases and is less be convicted on partial charges more, no less. subject to domestic – and political that fail to encompass the range – discretion than terrorism. of abuses against the population

in question. Here again, those And even when terrorism trials are acts fall outside the scope of initiated, international criminal law terrorism, yet undeniably require can complement and expand the prosecution and punishment. charges. In a recent case before

3 Jennifer W. and others case, p. 49.

12 KEY FINDINGS

22 16 207 40% countries of countries of suspects* more named suspects commission prosecution than in 2018

11 16 2 37 accused on trial convictions acquittals terrorism charges

146 92 21 141 crimes against torture charges genocide charges war crimes charges humanity charges

* Due to the increase in structural investigations, in which a large number of suspects are investigated, the exact figure is unknown. 207 is the minimum number.

13

Mother of a dead fighter (Iraq 2018) © Constantin Gouvy/TRIAL International

Cases of 2019

ARGENTINA

DEMAND FOR JUSTICE regarding the killing of his brother, SWELLS OVER THE CRIMES German, shot in the head by OF FRANCO’S REGIME the police in 1978 during the Sanfermines festivities in Pamplona. Rodolfo Martín Villa and others This is the first time a complaint has been brought regarding the severe Context police repression that allegedly took Ongoing proceedings in Argentina place in the bullring of Pamplona, against former Spanish ofcials leaving 11 dead. The complaint and other actors of the Franco asks the authorities to issue an dictatorship for alleged serious international arresta warrant and Procedure in Argentina crimes under international law extradition orders against two On 14 April 2010, Spanish committed in Spain between 1936 ofcials and eight police ofcers. and Argentinian human rights and 1978 Judge Servini de Cubría is organizations filed a criminal scheduled to travel to Spain on 20 complaint with the Argentinian Suspects March 2020 to hear Rodolfo Martín investigative judge Servini de Former Spanish ofcials and Villa in the Argentinian Embassy in Cubría on behalf of Spanish other actors of the Franco Madrid, and indict him for crimes victims. On 18 September 2013, dictatorship (including Antonio he allegedly committed in Spain the Argentinian judge issued González Pacheco, former police during the Franco dictatorship. arrest warrants against four ofcer; Jesús Muñecas Aguilar, former ofcials of the Franco dictatorship (including Antonio former captain of the Civil Guard; Procedure in Spain and Rodolfo Martín Villa, former González Pacheco and Jesús government minister) In December 2006, the Spanish Muñecas Aguilar) and requested investigative judge, Baltasar their extradition in order to stand Garzón, opened an investigation trial for crimes against humanity, Country of residence of into allegations of crimes against including acts of torture, allegedly suspects humanity committed during the committed in Spain between July Spain Franco dictatorship. In October 1936 and June 1978. 2008, he ruled that the 1977 Spanish law granting amnesty On 24 April 2014, the Spanish Charges for crimes committed during the National Court rejected the extradition Crimes against humanity, including Franco dictatorship did not apply, request issued on 18 September torture, extrajudicial killings and owing to the nature of the crimes. 2013 by Judge Servini de Cubría enforced disappearances However, the Supreme Court against González Pacheco and overturned this decision, while Muñecas Aguilar. On 30 October 2014, Judge Garzón was put on trial for notwithstanding the Court’s decision, Current status prevarication for his alleged unfair the Argentinian investigative judge Under investigation interpretation of the . issued detention orders against 20 of He was eventually acquitted but the the accused in order to request their Developments in 2019 amnesty law remains applicable, extradition to Argentina. However, and the crimes committed by the these orders were not executed in In June 2019, new testimonies Franco dictatorship still cannot Spain, the authorities arguing that the were received by the Argentinian be investigated or prosecuted in Spanish amnesty law prevails. investigative judge María Romilda Spain. Servini de Cubría. One complainant, Fermín Rodríguez, was heard

17 In 2015, Judge Servini de Cubría prison. The archaeological team of On 22 October 2018, the Spanish sent a second rogatory commission the ARMH has exhumed 28 other National Court denied the request to the local tribunal of Guadalajara victims of the Franco regime. from Judge Servini de Cubría to in Spain, requesting the exhumation come to Spain to hear Martín Villa of the corpse of Timoteo Mendieta, In June 2017, Judge Servini de as part of the international rogatory a trade unionist who was reportedly Cubría issued an international commission issued in September imprisoned in the Guadalajara arrest warrant against Martín 2017. The Spanish National Central Prison and executed in Villa for the death of five workers Court decided that the crimes 1939. The rogatory commission in Vitoria in 1976. However, it was are prescribed and executing the also requested a DNA test of his annulled by the Appeals Chamber international rogatory commission daughter, Ascensión Mendieta, as unfounded. In July 2017, Judge would violate the 1977 amnesty law. victim and plaintif in the case. On Servini de Cubría issued a new 24 November 2015, the Tribunal arrest warrant against Martín On 26 October 2018, Judge Servini of Guadalajara authorized the Villa for crimes against humanity de Cubría admitted the complaint exhumation, which started on 19 and murder. filed two years earlier by the January 2016. The exhumation of NGO Women’s Link Worldwide on 22 bodies from a mass grave found On 21 June 2018, the Argentinian behalf of six women repressed by nearby the Guadalajara prison did Federal Tribunal allowed two the dictatorship. The investigation not allow the identification of the victims to join the proceedings examines cases of sexual assault, remains of Timoteo Mendieta. against former Spanish ofcials murder, forced abortion and the and other actors of the Franco theft of children under Franco’s On 16 March 2016, Women’s dictatorship. The first applicant, regime. Link Worldwide, an international Ruben Amor Benedicto Salmerón, women’s organization based in is the grandson of José Salmerón Spain, filed a complaint calling for Céspedes who was forcibly the investigation into systematic disappeared, tortured and gender-based crimes committed executed in 1936 in Tetouan, then against women during the Franco part of the Spanish protectorate regime. in . The applicant demanded the exhumation of his In August 2016, Judge Servini de grandfather’s remains, which Cubría opened an investigation he believes are buried in the into the death of Spanish poet European cemetery of Tetouan. Federico García Lorca, pursuant to The second application relates a complaint filed by the Asociación to Gustavo Adolfo Muñoz de para la Recuperación de la Memoria Bustillo, a 16-year old executed Histórica (Spanish Association for on 11 September 1978 during the Recuperation of Historical violent riots in the transitional Memory, or ARMH). period in Barcelona. Judge Servini de Cubría had first rejected the On 9 June 2017, the remains of application as it happened after Timoteo Mendieta were identified the 1977 elections that ousted in a diferent mass grave Franco. uncovered near the Guadalajara

18 ROHINGYA PEOPLE On 14 November 2019, a Pre- DEMAND JUSTICE OVER Trial Chamber of the International GENOCIDE Criminal Court (ICC) authorized the Ofce of the Prosecutor to Aung San Suu Kyi and others investigate alleged crimes of deportation, persecution and Context any other crime within the ICC’s jurisdiction committed against the Ongoing proceedings in Argentina Rohingya people in Rakhine State. for alleged crimes of genocide This authorization follows the and crimes against humanity lawsuit filed by The Gambia against committed in Myanmar against Myanmar at the the Rohingya people since 2017 of Justice on 11 November 2019.

Suspects Facts Military and civilian leaders, On 25 August 2017, a military including State counsellor Aung crackdown started in Myanmar San Suu Kyi and army chief Min against the Rohingya people Aung Hlaing after militants allegedly attacked police posts in Rakhine State. Country of residence of The violent repression forced suspects more than 740’000 civilians to flee , extrajudicial Myanmar executions and sexual violence. The United Nations Independent Charges International Fact-Finding Mission in Myanmar concluded that Crimes against humanity and soldiers systematically used rape, genocide gang rape and other violent and forced sexual acts against women, Current status girls, boys, men and transgender Under investigation people.

The UN investigators qualified this Developments in 2019 severe repression as “genocide” The Burmese Rohingya Organisation and declared that the generals UK (Brouk) filed a lawsuit on at the head of the country’s army 13 November 2019 before the must answer charges of genocide Argentinian authorities for alleged in northern Rakhine State as well genocide and crimes against as accusations of crimes against humanity committed against the humanity and war crimes in the Rohingya people, including mass States of Rakhine, Kachin and killings allegedly committed in Shan. August 2017.

19 INVESTIGATION Facts Procedure CONTINUES AGAINST On 25 March 2015, an international On 26 November 2018, the SAUDI CROWN PRINCE coalition led by Saudi Arabia international NGO Human Rights Prince Mohammed bin Salman launched air strikes against Watch filed a denunciation with the armed group of Houthis in the Argentine Federal Prosecutor Yemen, triggering a major armed in anticipation of bin Salman’s Context conflict. For three years, Yemen visit to Buenos Aires for the G20 Preliminary examination in has been ravaged by a war that Summit. The submission asks Argentina into alleged complicity in has already killed more than the Argentine authorities to war crimes and torture committed 10’000 people, half of whom were investigate bin Salman’s role in in Saudi Arabia civilians. Prince Mohammed bin war crimes allegedly committed Salman was appointed Minister of by the Saudi-led coalition in Defense on 23 January 2015. One Yemen, as well as in acts of Suspect of his first acts was to launch the torture and ill treatment of Saudi Crown prince and deputy prime military campaign in Yemen along nationals, including the murder of minister of the Kingdom of Saudi with other Arab States. Khashoggi. Arabia United Nations bodies and human On 28 November 2018, a federal rights groups have denounced prosecutor formally requested Country of residence of the widespread violations of inquiries into whether the allegations suspect human rights and humanitarian are being investigated elsewhere, Saudi Arabia law committed in Yemen. Alleged and into bin Salman’s diplomatic violations include deliberately status and immunities. On the Charges targeting civilians, the use of illegal same day, the competent federal cluster-munitions, indiscriminate investigative judge sent information War crimes; torture and inhuman airstrikes and a naval blockade requests to the governments of treatment in violation of the 1984 which deprived civilians of access Saudi Arabia and Yemen, to the Convention against Torture to basic necessities. International Criminal Court and to the Argentine Foreign Ministry. Developments in 2019 The complaint denounces alleged violations of international law The investigation is ongoing. The committed during the armed Argentinian authorities have sent conflict in Yemen as well as sexual information requests to Turkey, harassment and torture, including Yemen and the International electrocution and flogging of Criminal Court. Saudi citizens.

Current status The complaint also denounces bin Salman’s alleged role in the Preliminary examination, pending murder of Saudi journalist Jamal the opening of an ofcial judicial Khashoggi, who was killed on 2 investigation October 2018 inside the Saudi consulate in Istanbul. Saudi authorities deny bin Salman’s involvement. Turkish and United States intelligence agencies found the murder to have been premeditated and ordered by bin Salman himself.

20 AUSTRIA

RETRIAL FOR WAR CRIMES IN SYRIA DELAYED Name withheld

Context threaten or destroy the political, On 12 December 2017, the constitutional, economic or social Supreme Court of Justice Ongoing proceedings in Austria for structures of the Syrian State. overturned the conviction on war crimes allegedly committed grounds that the failure to question between 2013 and a Procedure these witnesses had violated the rights of the defendant, and Suspect The accused sought asylum in remanded the case back to the Austria in May 2015. He was Palestinian national, former regional court. subsequently reported to the member of the Farouq Brigades authorities by refugees, whom he A retrial was scheduled to begin had told that he belonged to the on 10 December 2018 before the Country of residence of Farouq Brigades and had fought Regional Court of Innsbruck but suspect against Syrian President Bashar has been delayed. Austria al-Assad.

The trial opened in February Charges 2017 but was adjourned shortly Terrorist ofenses, war crimes of thereafter on medical grounds, murder and violations of the 1949 after the accused collapsed in Geneva Conventions court. On 10 May 2017, the accused was found guilty on 20 charges of murder as a and Developments in 2019 sentenced to life imprisonment by The retrial, scheduled to begin in a jury in Innsbruck. The defense December 2018, has not yet taken appealed the conviction, arguing place. that the court had failed to call key witnesses who could testify to the Current status fact that the defendant had left Syria for Turkey in the summer of Conviction overturned; retrial pending 2013, and that he had not taken part in hostilities from January Facts 2013 until his departure. The accused is alleged to have executed at least 20 unarmed and injured Syrian government soldiers in Al Khalidiya and Homs between 2013 and 2014. According to the charges, these murders were allegedly intended to intimidate the population, to force the Syrian army to leave the contested area and to

21 SYRIAN INTELLIGENCE February 2011 and January 2017 in SERVICES UNDER 13 detention centers in Damascus, Daraa, Hama and Aleppo. INVESTIGATION Names withheld Procedure Austrian authorities initiated Context an investigation into the Syrian Ongoing investigation into intelligence services after 16 international crimes committed women and men from Syria filed by the Syrian intelligence services a criminal complaint to the public prosecutor in Vienna in May 2018. The group of torture survivors – Suspects which included an Austrian citizen High-ranking ofcials of the – filed the complaint together Syrian intelligence services, with the European Center for including the Military Intelligence, Constitutional and Human Rights, Air Force Intelligence and General Syrian lawyers Anwar al-Bunni Intelligence services (of the Syrian Center for Legal Research and Studies) and Country of residence of Mazen Darwish (of the Syrian suspects Center for Media and Freedom of Expression) and the Center for Syria the Enforcement of Human Rights International in Vienna. Charges Following the submission, the Crimes against humanity and war prosecutor heard one of the crimes complainants and initiated a criminal investigation. Developments in 2019 The case remains under investigation.

Current status Ongoing investigation

Facts The investigation concerns crimes against humanity and war crimes allegedly committed by the Military Intelligence, Air Force Intelligence and General Intelligence services including murder, extermination, torture, serious bodily harm and deprivation of liberty between

22 BELGIUM

GENOCIDAIRE CONVICTED FOR THE MURDER OF A BELGIAN CITIZEN AND HER FAMILY Fabien Neretsé

Context crime of murder, including the The trial of Fabien Neretsé was murder of Belgium citizen Claire the fifth trial held in Brussels Beckers and her family and other in connection with the 1994 attempted murders. a Rwandan genocide. However, this was the first time that the On 19 December 2019, the Brussels Criminal Court had Brussels Criminal Court found to deal directly with facts that Neretsé guilty of genocide and qualify as genocide war crimes and sentenced him to 25 years in prison.

Suspect Current status Former Rwandan senior civil servant Sentenced to 25 years

Country of residence of suspect Facts France Neretsé, originally from Ruhengeri, was an influential figure in the regime of Rwandan President Charges Habyarimana. He murdered a Genocide and war crimes Belgian citizen, Claire Beckers, as well as her husband Isaiah Bucyana and their daughter Katia. Developments in 2019 All three were killed on 9 April 1994 On 9 October 2019, the Brussels in Kigali. Criminal Court decided to sever the case of Neretsé from Procedure two other Rwandan accused, Ernest Gakwaya and Emmanuel Neretsé was indicted in Nkunduwimye, considering that on 8 August 2007 on counts of there was no connection between genocide. An arrest warrant was the ofenses. issued in Belgium on 24 June 2011. He was arrested in France The trial of Neretsé started on 29 June 2011 and extradited to on 4 November 2019 with the Belgium on 30 August 2011. composition of the jury and the hearings on the merits began on 7 November 2019. Neretsé was on trial for genocide and the war

23 TWO ALLEGED Current status INTERAHAMWE Indicted, placed in pre-trial MEMBERS DUE detention FOR TRIAL IN 2020 Ernest Gakwaya and Facts Emmanuel Nkunduwimye Gakwaya and Nkunduwimye allegedly participated in the 1994 Context genocide in Rwanda. Ongoing proceedings for alleged Gakwaya is accused of murdering crimes of genocide and war and raping and moderate crimes committed during the 1994 during the genocide. Rwandan genocide Nkunduwimye allegedly committed murder, attempted murder and Suspects rape during the same period. They Alleged members of the were allegedly members of the Interahamwe militia Interahamwe pro- militia, heavily implicated in the 1994 genocide. Country of residence of suspects Procedure Belgium Gakwaya and Nkunduwimye were arrested in March 2011 in Brussels. Charges They denied having been members Genocide and war crimes of the Interahamwe militia.

Developments in 2019 On 9 October 2019, the Brussels Criminal Court decided to sever the cases against Ernest Gakwaya and Emmanuel Nkunduwimye from the case against Fabien Neretsé, considering that there was no connection between the ofenses. Thus, Neretsé was tried in November 2019, whereas the other two accused, Gakwaya and Nkunduwimye, will be tried at a subsequent trial session, scheduled for September 2020.

Gakwaya and Nkunduwimye are accused of genocide and war crimes, including murders, attempted murders and rapes.

24 PRESIDENT OF THE Facts SENATE INVESTIGATED During the Second Congolese War FOR ORCHESTRATING (1998-2003), Alexis Thambwe A PLANE CRASH Mwamba was a member of the rebel group Rassemblement congolais Alexis Thambwe Mwamba pour la démocratie (Movement for the Liberation of Congo, or RCD) led Context by Jean-Pierre Bemba. Ongoing proceedings in Belgium for war crimes and crimes against In October 1998, a plane from humanity allegedly committed in the company Congo Airline was the Democratic Republic of the shot down with 50 persons on Congo (DRC) board. The RCD, through the voice of Thambwe Mwamba, claimed responsibility for the attack that Suspect caused the plane crash. Former Minister of Justice and President of the Senate of DRC Thambwe Mwamba explained that the rebels had shot the plane because it was transporting pro- Countries of residence Kabila soldiers and weapons. Belgium and DRC However, the 50 people 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 Developments in 2019 humanity was filed in Belgium An initial hearing took place on 24 against Thambwe Mwamba by October 2019 at the Investigative several families of the victims Chamber. The hearing was and the Ligue congolaise contre la postponed in order to respond to corruption. the defense brief. On 4 September 2018, Thambwe The prosecution argues that Mwamba was heard by the Belgium is not competent to investigative judge regarding his investigate the case, as the involvement in the crimes. accused does not have his main residence in Belgium.

Current status Under investigation

25 STILL NO TRIAL FOR Developments in 2019 FOLLOW UP ON LIBERIAN FRONTLINE The investigation is still ongoing OTHER CASES COMMANDER and several procedural acts were ▪ T.K. and N.B. Martina Johnson undertaken throughout the year. (Rwandan nationals): the investigation is ongoing Context Current status (see UJAR 2019, p. 18) The Martina Johnson case Under house arrest, indicted constitutes the first arrest and indictment for war crimes and Facts crimes against humanity allegedly Martina Johnson was allegedly committed during the first Liberian actively involved in Operation civil war (1989-1996) Octopus launched by Charles Taylor and his NPFL troops in ’s former President, October 1992. This ofensive Charles Taylor, was sentenced against the government and the on 30 May 2012 to 50 years in peacekeeping forces was aimed prison (confirmed on appeal on 10 at taking over Liberia’s capital, December 2013) for the crimes he Monrovia, and resulted in the committed during the Sierra Leone deaths of hundreds of civilians, civil war in the 1990s. However, he many of whom were targeted for was not prosecuted for the crimes ethnic reasons. committed in Liberia by his troops, the National Patriotic Front of Liberia (NPFL) Procedure In 2012, three Liberian victims, Suspect assisted by the NGOs Civitas Maxima and its Liberian sister Martina Johnson, a former organization the Global Justice frontline commander of the NPFL, and Research Project, filed a who was allegedly Charles Taylor’s complaint in Belgium against chief of artillery during Operation Johnson for her alleged direct Octopus in October 1992 participation in mutilations and mass killings during Operation Country of residence of Octopus in October 1992. suspect Belgium Johnson was arrested on 17 September 2014 in Gent, Belgium, based on documentation collected Charges by the two NGOs. She was released Direct involvement in war crimes on 4 May 2015 and placed under and crimes against humanity, judicial supervision. including mutilation and mass killings

26 FINLAND

WAR CRIMES Facts CONVICTION FOR In March 2015, during an operation THE DESECRATION against the Islamic State (ISIS) OF A DEAD BODY near Karma (Iraq), the accused was filmed decapitating the body Ahmed Jabbar Hasan of an ISIS militant. The video was uploaded to Hasan’s Facebook Context page, along with another video Iraqi soldier sentenced in Finland of him posing in front of burning for war crimes committed in Iraq bodies. in March 2015 Procedure Suspect The investigation was launched in Iraqi national and former corporal May 2017, after a viewer reported in the Iraqi army that the video was online.

The accused was arrested at the Country of residence of end of June 2017. He was indicted suspect in July 2018. Finland

Charges War crimes of desecrating and violating the dignity of a dead body

Developments in 2019 On 10 January 2019, a Court in Helsinki sentenced Ahmed Jabbar Hasan to a suspended sentence of 18-month’s imprisonment for war crimes. The accused did not appeal; the judgment is now final.

Current status Sentenced

27 OVERCOMING Facts CHALLENGES OF In June 2014, 1’700 unarmed Iraqi Zoom in WITNESSES’ REMOTE army recruits were arrested at Cooperation with UNITAD LOCATION near , Iraq, by members of ISIS. The victims The Iraqi twin brothers The United Nations were laid on the ground and shot Investigative Team to Promote one by one. The Iraqi twin brothers Accountability for Crimes Context are alleged to have murdered 11 Committed by Da’esh/ Ongoing proceedings in Finland of them. Islamic State in Iraq and the against Iraqi twin brothers for Levant (ISIL/Da’esh), known their alleged implication in the Procedure as UNITAD, cooperates with Camp Speicher massacre near national to The Iraqi twin brothers entered Tikrit, Iraq, in June 2014 enforce universal jurisdiction. Finland in September 2015 as asylum seekers. They were Its team collects, analyzes and Suspect arrested by the National Bureau preserves evidence of crimes Iraqi nationals and alleged Islamic of Investigation on suspicion of committed by ISIL/Da’esh in State (ISIS) fighters involvement in the Camp Speicher Iraq. It interviews witnesses massacre committed on behalf of and victims, exhumes mass ISIS in Iraq. Country of residence of graves and intends to identify suspects those most responsible for Their trial started on 13 December the crimes. As such, UNITAD Finland 2016 before the District Court can share evidence and feed of Pirkanmaa. On 30 November domestic prosecutions on 2016, they were charged with war universal jurisdiction cases. Charges crimes, murder and assault with War crimes, murder and terrorist intent. The prosecution In the Iraqi twin brothers aggravated assault committed sought life imprisonment for case, UNITAD allowed the with terrorist intent the defendants, both of whom Finnish prosecuting authorities had pleaded not guilty. On 24 to overcome the technical May 2017, the District Court of Developments in 2019 challenges of interviewing Pirkanmaa acquitted the Iraqi twin Iraqi witnesses. The latter The appeal is ongoing. Prosecution brothers for lack of evidence. They were heard in the UNITAD and defense witnesses were were granted compensation for ofce – instead of an Iraqi heard in September in Iraq, in their pre-trial detention. The two court – connected through the presence of a defense lawyer were allowed to reside in Finland. video conference to the Finnish and the prosecutor. The court and The prosecution appealed this court. the accused were in Finland and judgment. followed the hearings through videoconference. The appeal hearings started on 11 September 2018 but were Current status postponed until further notice due to arrangements regarding Acquitted; on appeal hearings of witnesses in Iraq. The Court of Appeal decided that the main hearings would not be formally opened before these witnesses had been heard “outside the main hearing”.

28 FRANCE

HISTORICAL MOVE crimes against humanity, war AGAINST AL-ASSAD’S crimes and torture within the Paris REGIME Tribunal for complicity in crimes against humanity, and placed in Abdulhamid A. pre-trial detention.

Context Current status Ongoing joint investigation in Detained pending investigation France and Germany for crimes against humanity and torture a allegedly committed by Syrian Facts ofcials in Syria since 2011 Since the beginning of the in 2011, Syrian Suspect intelligence services have reportedly been systematically Syrian national; former member of arresting, torturing and killing the General Intelligence Directorate opposition activists. As a former (GID), one of the four Syrian member of the GID, Abdulhamid A. intelligence agencies is suspected of having participated in crimes committed against the Country of residence of civilian population by the Syrian suspect regime between 2011 and 2013. France

Charges Crimes against humanity

Developments in 2019 On 12 February 2019, French authorities arrested Abdulhamid A. in the Paris region on suspicion of crimes against humanity. On the same day, German authorities arrested two other former GID ofcials, Anwar R. and Eyad A., in Germany. The arrests were coordinated in the context of a joint French-German investigative unit. On 15 February 2019, Abdulhamid A. was indicted by the investigative judges of the specialized unit for the prosecution of genocide,

29 WITNESSES COME Facts Mamluk and Hassan, also subject to FORWARD AGAINST an arrest warrant issued in Germany HIGH-RANKING In November 2013, Patrick earlier in 2018, are both wanted Dabbagh and his father Mazen for complicity in crimes against SYRIAN OFFICIALS Dabbagh, both dual French-Syrian humanity, torture and enforced Ali Mamluk; nationals, were arrested from disappearances. Mahmoud, in Jamil Hassan; their home in Damascus by Syrian charge of the Air Force Intelligence Abdel Salam Mahmoud Air Force Intelligence agents and Service at the Mezzeh military detained for interrogation at the airport, is wanted on war crimes Mezzeh detention center. Neither Context charges as well as complicity in one has been seen since. In crimes against humanity, torture Ongoing investigation in France for summer 2018, the Dabbagh family and enforced disappearances. international crimes committed in received formal notification from Syria in 2013 the Syrian authorities that Patrick and Mazen Dabbagh had died. Suspects According to the United Nation’s Commission of Inquiry, Mezzeh Ali Mamluk, Director of the has one of the highest mortality National Security Bureau; Jamil rates in Syria. Hassan, head of the Syrian Air Force Intelligence; and Abdel Salam Mahmoud, Director of Procedure the Syrian Air Force Intelligence On 24 October 2016, a complaint investigative branch was filed before the Paris Tribunal by Obeida Dabbagh, a Syrian- Country of residence of French national, on behalf of his suspects nephew and brother, Mazen and Patrick Dabbagh, together with Syria the International Federation for Human Rights and Ligue des Droits Charges de l’Homme. An investigation into torture, crimes against humanity Complicity in crimes against and enforced disappearances humanity, torture and enforced is currently ongoing before the disappearances; war crimes French specialized unit for the prosecution of genocide, crimes Developments in 2019 against humanity, war crimes and torture within the Paris Tribunal. The investigative judges heard around 20 new witnesses who had In October 2018, in an unprecedented been held in the Mezzeh detention step towards accountability for center in Damascus. crimes committed in Syria, French judges issued international arrest Current status warrants against three high-level regime suspects: Ali Mamluk, Jamil Judicial investigation ongoing; Hassan and Abdel Salam Mahmoud. international arrest warrants issued

30 RELATIVES RECEIVE Edith Bouvier as well as Syrian COMPENSATION WHILE and British journalists who were Zoom in INVESTIGATIONS GO ON using the center as a base to report on the events in Homs in The French specialized unit The Rémi Ochlik, Marie Colvin and early 2012. Edith Bouvier investigations The French specialized unit for the prosecution of genocide, Procedure crimes against humanity, war Context This case was originally opened crimes and torture within the Ongoing investigation into the in 2012 as a homicide case but Paris Tribunal (hereinafter the murder of American, British, was reclassified in 2014 as a war specialized unit) is currently French and Syrian journalists crimes case. investigating almost 150 during an army bombardment of cases, divided between the a media center in Syria in 2012 The families of Ochlik and Colvin prosecutors (74 cases) and are civil parties in the case, investigative judges (75 cases). Charges together with French, Syrian and Among them, 27 ongoing cases British journalists injured in the relate to the 1994 genocide in War crimes attack, International Federation Rwanda. The cases presented for Human Rights and Reporters in this report are the ones Developments in 2019 without Borders. that have been made public. The others are protected The investigation is ongoing. On 30 On 9 April 2018, documents filed by the confidentiality of January 2019, the United States in a US civil case concerning investigations. District Court in Washington Colvin’s death were declassified. held Syria’s government liable They allegedly demonstrate the Since 2015, immigration for the targeting and killing of premeditated nature of the Syrian services have the obligation Marie Colvin and awarded a army bombardment of the media to inform the specialized unit compensatory USD 302,5 million center in Homs that led to the each time refugee protection to her relatives. death of Colvin and Ochlik, and is denied on the basis of the to the injuries to several others exclusion clause (Article 1F of Current status including Bouvier, Paul Conroy and the 1951 Refugee Convention, Wael al Omar. These documents applying when the asylum Investigation ongoing have been filed in the ongoing war seeker is suspected of having crimes investigation in France. committed an international Facts crime). Several investigations On 22 February 2012, a Syrian have been initiated through army bombardment in Baba Amr, this procedure including Homs, led to the deaths or serious investigations of individuals injury of several journalists from Sri Lanka, , Iraq, operating from a media center Syria and Rwanda. based there.

French photojournalist Rémi Ochlik and American war crimes correspondent Colvin were both killed in the attack. Several other journalists were injured in the attack, including French journalist

31 Active personality NGOS SIDELINED AS Developments in 2019 Procedure CEMENT COMPANY On 24 October 2019, the In September 2016, the French INDICTMENT IS Investigation Chamber of the Finance Minister filed a complaint CONFIRMED Paris Court of Appeals denied civil before the Ofce of the Prosecutor party status to the NGOs Sherpa against LafargeHolcim for its Lafarge - Eric Olsen and others and the European Center for alleged illegal purchase of oil Constitutional and Human Rights in Syria in violation of the EU Context (ECCHR). embargo issued in 2012. The Proceedings against the cement Ofce of the Prosecutor opened company Lafarge SA (now On 7 November 2019, the Court an investigation in October 2016. LafargeHolcim) for, inter alia, confirmed the indictment of nine financing terrorism and complicity in Lafarge executives and the Lafarge On 15 November 2016, 11 former crimes against humanity committed company itself for financing of a Syrian employees, Sherpa and by the Islamic State (ISIS) terrorist enterprise, breaching an ECCHR (hereinafter the plaintifs) EU embargo and endangering the filed a criminal complaint as civil lives of others. However, the Court parties in Paris against Lafarge, Suspects revoked the indictment of the Lafarge Cement Syria, and their Current and former Directors company for complicity in crimes current and former CEOs, for the and top executives of the French- against humanity. financing of terrorism, complicity Swiss LafargeHolcim group (the in crimes against humanity crimes were allegedly committed The organizations appealed committed in Syria and for a by the French company Lafarge both the 24 October and the 7 series of labor rights violations. prior to its 2015 merger with November 2019 decisions to the Swiss-based Holcim) and of its French Supreme Court. On 9 June 2017, three investigative subsidiary Lafarge Cement Syria. judges of the Paris Tribunal The suspects are French and Current status opened an investigation into the Norwegian nationals crimes alleged by the plaintifs. Ongoing judicial investigation; In September 2017, three of the company and individuals indicted victims were heard by one of the Countries of residence investigative judges. France and Switzerland Facts (headquarters of the group) On 13 October 2017, the plaintifs Lafarge had a cement factory filed a motion requesting that in Jalabiya, in northern Syria. In the investigative judges summon Charges an area where several armed a former French Minister of Financing of a terrorist enterprise, groups were operating, the Foreign Afairs and two former complicity in crimes against company allegedly entered into French ambassadors to Syria for humanity, deliberate endangerment negotiations with ISIS to purchase questioning. of people’s lives, exploitative labor oil and pozzolan (a material used practices, forced labor and violation to make concrete) from them, On 14 November 2017, the French of the embargo on as well as to obtain ofcial ISIS police searched the headquarters oil purchases passes for crossing checkpoints of LafargeHolcim in Paris. At the in order to maintain its production same time, the Belgian federal in the area. Testimonies also point police searched the premises of to Lafarge risking its employees’ Groupe Bruxelles Lambert, the lives and violating a number of second largest shareholder of basic labor rights. LafargeHolcim, in Brussels.

32 On 28 June 2018, three investigative judges of the Paris Tribunal Zoom in indicted the legal entity Lafarge SA for complicity in crimes against NGOs face shrinking humanity, financing of a terrorist access to court enterprise, breaching an embargo and endangering the lives of others. A French Appeals Court Lafarge allegedly paid millions of decided on 24 October 2019 euros to ISIS and several other that the organizations ECCHR armed groups to keep its cement and Sherpa were no longer factory running. The investigative admissible as plaintifs in judges ordered LafargeHolcim to the proceedings against the hand over 30 million euros to the French company Lafarge authorities as a security deposit because they were not direct ahead of a possible trial. victims of the crimes in this case. Eight former executives were also charged in this case between This decision is part of a December 2017 and May 2018, broader movement in France and were requested to provide to shrink the role of NGOs the court with a deposit of several in criminal cases, ultimately million euros. In September limiting legal actions that are 2019, a Syrian-Canadian alleged essential to fight impunity. former intermediary between the company and ISIS suppliers was A former Syrian Lafarge also charged. employee and plaintif in the case said: “Without Sherpa and ECCHR, I would not have had access to French justice.”

“Without our complaint, our expert judicial work and support for the victims, such an investigation would not have been possible,” confirmed Sandra Cossart, Sherpa’s Executive Director.

Claire Tixeire, Senior Legal Advisor at ECCHR, added that "(this) decision severely obstructs access to justice of those afected by crimes during armed conflicts."

33 Active personality FRENCH BANK for committing crimes against its INVESTIGATED FOR civilians, the bank and its senior FINANCING ATROCITIES staf became complicit in these IN SUDAN crimes.

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

34 FORMER IRAQI REFUGEE killing up to 1’700 people. Based on DETAINED AND UNDER the testimony of other suspects, Zoom in INVESTIGATION the Iraqi authorities claim that El Aswadi personally executed 103 Collaboration between Ahmed Hamdane El Aswadi soldiers. The accused denies all France and Finland involvement in the alleged crimes. The Camp Speicher massacre Context The accused arrived in France in the summer of 2016. He is under scrutiny in two Ongoing investigation in France was granted refugee status in European countries through for war crimes and murder June 2017. This protection was universal jurisdiction: Finland committed in Iraq in 2014 removed after his arrest. and France. The two countries have been collaborating to Suspect improve their understanding of Procedure the event and to find evidence. Iraqi national and suspected In the summer of 2017, the French Finland is currently hearing member of Islamic State (ISIS) intelligence services identified El an appeal on the case while Aswadi as an alleged ISIS member France is still investigating the Country of residence of and reported his presence to the suspect. suspect judicial authorities. France In November 2017, the Ofce of the Prosecutor of the French specialized Charges unit for the prosecution of genocide, crimes against humanity, war Inhuman and degrading treatment crimes and torture within the as war crimes and violations of Paris Tribunal (hereinafter the the 1949 Geneva Conventions, specialized unit) requested the criminal conspiracy and murder opening of an investigation against in connection with a terrorist El Aswadi. This is the first case to enterprise be investigated jointly by the anti- terrorism and the specialized units. Developments in 2019 The accused is in pre-trial detention; On 6 March 2018, El Aswadi was investigation ongoing arrested in Lisieux, Normandy. After two days in police custody, he was indicted for criminal Current status conspiracy, murder in connection Detained; under investigation with a terrorist enterprise and war crimes of inhuman and degrading treatment and of using prohibited Facts means and methods of warfare. Ahmed Hamdane El Aswadi is He was subsequently placed in suspected of having participated pre-trial detention. in the massacre at Camp Speicher, a military base near Tikrit (Iraq). In June 2014, armed men abducted and executed hundreds of young army recruits, mainly Shiites,

35 CHADIAN REBEL LEADER investigative judges who indicted referral by the French Ofce for ARRESTED IN FRANCE him for crimes against humanity the Protection of Refugees and and participation in a criminal Stateless Persons and following Mahamat Nouri and others organization in order to commit a rejection of his asylum requests crimes against humanity. Nouri on the basis of Article 1F of Context is suspected of having ordered the 1951 Refugee Convention, recruitments of fighters, including an investigation into Nouri’s Ongoing proceedings in France child soldiers, between 2005 and alleged crimes was opened at the against a rebel group leader 2010 in and Sudan. He was French specialized unit for the for complicity in crimes against placed in pre-trial detention. prosecution of genocide, crimes humanity allegedly committed in against humanity, war crimes and Chad and Sudan between 2005 torture. and 2010 Current status Indicted, ongoing investigations Procedure in Chad Suspects Facts Charges against Nouri were filed Chadian politician Mahamat Nouri, in May 2013 in Chad. former associate of Hissène Habré Nouri was the leader of the and Idriss Déby, then leader of the Chadian rebel group UFDD. He In 2013, the Chadian Ministry of Union of Forces for Democracy allegedly initiated a series of Justice issued an international and Development (UFDD) attacks against government arrest warrant against Nouri. positions in eastern Chad in Country of residence of autumn 2006. After the failure of suspects peace talks held in 2007, Nouri launched an attack on the Chadian France capital N’Djamena in February 2008. He was repelled after days Charges of heavy fighting by the army with the backing of French troops. Crimes against humanity and participation in a criminal In 2010, Nouri and two other organization in order to commit rebel chiefs were expelled from crimes against humanity Sudan, where they had based their operations, after Sudan and Developments in 2019 Chad normalized their diplomatic On 3 January 2019, the Prosecutor relations. Nouri fled to Libya, of the Court of Tripoli, Libya, where the UFDD had established issued an international warrant bases on the northern border with of arrest against Mahamat Nouri Chad. He was expelled from Libya and 23 other Chadians for their to Qatar in 2010 before arriving in alleged involvement in attacks in France a year later. eastern and southern Libya. Procedure in France On 17 June 2019, Nouri and two On 18 January 2017, the French other persons were arrested by authorities imposed a six-month the French police on suspicion of freeze on Nouri’s financial assets. crimes against humanity. Nouri In May 2017, on the basis of a was heard on 21 June 2019 by the

36 GUANTÁNAMO CASE On 19 December 2019, the dismissal reminders were ignored by the DISMISSAL CONFIRMED of the case was upheld by the Court. US, the plaintifs filed a motion BY PARIS COURT OF in February 2014 requesting that Current status the investigative judges summon APPEAL Miller for questioning. The request Geofrey Miller and others Investigation closed; appeal dismissed was initially denied. On 2 April 2015, the Paris Court of Appeal Context Facts reversed this decision, ruling that Miller should be summoned to give Proceedings in France against Mourad Benchellali, Nizar Sassi evidence on the acts in question former Guantánamo Bay detention and Khaled Ben Mustapha are and his role in the treatment of camp commander Geofrey Miller French citizens who were detained detainees at Guantánamo. and other unknown perpetrators at the US detention camp at for alleged torture committed Guantánamo Bay between 2002 On 20 January 2016, the investigative against French citizens at the and 2004-2005, where they judge of the Paris Tribunal issued United States (US) detention were subjected to physical and a subpoena requesting that Miller center in Guantánamo Bay, Cuba psychological abuse. Geofrey appear before the judge on 1 Miller was commander of the March 2016 regarding his alleged Joint Task Force Guantánamo and Suspect involvement in torture committed reportedly oversaw interrogations against Guantánamo Bay detainees. Former Guantánamo commander and detainee treatment during the However, General Miller failed Geofrey Miller and other unknown plaintifs’ detention. to appear. On 20 July 2016, the US ofcials plaintifs’ lawyer requested that Procedure an international arrest warrant be issued against Miller. Country of residence of In November 2002, a criminal suspects complaint and a claim for damages On 18 September 2017, the case United States of America were filed in France in connection was dismissed. The plaintifs with the arrest, abduction, appealed the decision before detention, false imprisonment and Charges the Investigation Chamber of the arbitrary detention of Benchellali Court of Appeal in Paris. Torture and Sassi. A judicial investigation was opened in June 2005. The Developments in 2019 scope of the investigation was later expanded to include torture On 7 November 2019, the allegations submitted by the Investigation Chamber of the Court plaintifs after their release from of Appeal in Paris examined the Guantánamo and to include both appeal of the civil parties against the criminal complaint and the civil the dismissal of the case ordered claim brought by the third plaintif, by the investigative judges. In Ben Mustapha. the 2017 dismissal order, the investigative judge explained In January 2012, the investigative that the defendants could not be judge sent a rogatory letter to individually prosecuted, being the US calling on it to cooperate "representatives of the State and share information with acting in this capacity." French investigators. After this request and several follow-up

37 LIBERIAN WAR CRIMES On 6 September 2019, Kunti SUSPECT REARRESTED K. was released from pre-trial detention. In early January 2020, Kunti K. he was returned to prison after failing to fulfill an obligation Context related to his release, namely to live at an address known to, and Ongoing proceedings in France for agreed upon by justice. serious crimes under international law allegedly committed in Liberia between 1993 and 1997 Current status Investigation pending; suspect Suspect indicted and placed under judicial supervision Alleged commander in the United Liberation Movement of Liberia for Democracy (ULIMO), a rebel Facts group fighting against Charles Kunti K. allegedly committed crimes Taylor’s National Patriotic Front of against humanity between 1993 Liberia (NPFL) and 1997 as commander of the ULIMO, during the first Liberian civil Countries of residence of war (1989-1996). In his capacity suspect as ULIMO commander, Kunti K. allegedly committed murder, Netherlands and France enslavement, torture, cannibalism and used child soldiers. Charges Torture, use of child soldiers and Procedure murder On 23 July 2018, the Swiss NGO Civitas Maxima launched Developments in 2019 a complaint in the name of Liberian victims before the Kunti K. has appointed a third French specialized unit for the additional lawyer to defend prosecution of genocide, crimes his interests. The new counsel against humanity, war crimes and requested that the investigative torture within the Paris Tribunal. judge issue a visiting permit to meet Kunti K. in pre-trial On 4 September 2018, Kunti K. was detention. The visiting permit was arrested by the French police unit sent to the wrong person and the specialized in investigating war new counsel never received the crimes, crimes against humanity, visiting permit. Consequently, genocide and torture. Kunti K. was the new counsel requested the remanded in custody. release of his client.

38 LIBYAN INSURGENCY members was allegedly arbitrarily COMMANDER UNDER arrested and tortured for three SCRUTINY weeks. Khalifa Haftar Between 2016 and March 2017, the LNA is suspected Context of having committed crimes while occupying the city of Ongoing proceedings in France Benghazi. Haftar is accused of for torture allegedly committed in having launched a campaign of Libya between 2016 and 2017 indiscriminate shelling, murders and forced disappearances Suspect against the neighborhoods of Al-Laitti, Bu-Atni and Ganfouda, Commander-in-chief of the Libyan where many civilians had found National Army (LNA) refuge.

Country of residence of Procedure suspect On 18 April 2018, as Haftar was Libya in France for medical reasons, a complaint was filed against him Charges before the French specialized unit for the prosecution of genocide, Torture and acts of barbarism crimes against humanity, war crimes and torture (hereinafter Developments in 2019 the specialized unit). The victim The investigation is ongoing. alleged that his family was killed during Operation Dignity in Benghazi. He also alleged that Current status he was arbitrarily detained and Under investigation tortured for three weeks.

On 26 April 2018, Ali Hamza, Facts a Lebanese-Canadian citizen In 2011, Khalifa Haftar joined the residing in Canada, filed a second Libyan insurgency against the complaint before the specialized regime of Muammar Gaddafi and unit. He alleged crimes committed took command of the rebel army, by the LNA during the siege of the Libyan National Army (LNA). Benghazi between 2016 and March 2017, in which his mother During the spring 2014, Haftar and four of his brothers and and the LNA launched Operation sisters lost their lives. The judicial Dignity, aiming to take over the investigation opened following city of Benghazi. these complaints is still ongoing.

Haftar is accused of having ordered, Haftar returned to Libya despite in October 2014, the attack of a these complaints. family in Benghazi. One of the family

39 DEFINITIVE LIFE (MNRD). Barahira was a former The trial before the Paris Criminal SENTENCE FOR TWO mayor of the same district and Court opened on 10 May 2016 and MAYORS the chairman of the MRND at lasted eight weeks, concluding the commune level. Ngenzi on 6 July 2016 with the conviction Octavien Ngenzi and and Barahira were convicted of of both Ngenzi and Barahira for Tito Barahira participating in the massacre genocide and crimes against of hundreds of Tutsis, including humanity. They were found guilty Context those who had sought refuge in a of overseeing the systematic church in Kabarondo on 13 April practice of summary executions of The case is the second trial in 1994. ethnic Tutsis. Both were sentenced France to have resulted in the to life imprisonment. On 7 July conviction of Rwandan nationals Procedure 2016, their lawyers announced for their involvement in the 1994 their intention to appeal the genocide in Rwanda On 2 June 2010, the Collectif des conviction. Parties Civiles pour le Rwanda filed On 2 May 2018, their appeal Suspects a complaint against Ngenzi with trial opened before the Appeal the Ofce of the Prosecutor at the Criminal Court in Paris. Former Rwandan mayors Mamoudzou Tribunal in Mayotte. On 4 June 2010, Ngenzi was On 6 July 2018, the Appeal Country of residence of arrested and detained in Mayotte. Criminal Court confirmed their suspects convictions and life sentences In October 2010, Barahira was issued at first instance. Both France indicted by the National Public defendants appealed to the French Prosecution Authority in Rwanda Supreme Court. Charges for his alleged participation in the genocide and for alleged Genocide and crimes against incitement to commit genocide. humanity Pursuant to an arrest warrant issued in Rwanda, he was arrested Developments in 2019 on 3 April 2013 in Toulouse, On 16 October 2019, the French France. However, the French Supreme Court upheld the life authorities denied the Rwandan sentences of Octavien Ngenzi and extradition request, and the two Tito Barahira. The judgment is cases were combined on 16 July now final. 2013. Fourteen civil parties have joined the case.

Current status On 13 May 2014, the Ofce of the , sentenced to life Prosecutor of the Paris Tribunal imprisonment sought the prosecution of Ngenzi and Barahira before the Paris Criminal Court. On 28 May 2014, Facts the investigative judges referred Ngenzi was the mayor of the their case to the Paris Criminal Kabarondo district in eastern Court. The defendants appealed Rwanda and the local leader this decision but the French of a political party called the Supreme Court upheld the referral National Republican Movement on 7 January 2015. for Development and Democracy

40 Active personality EXTRADITION OF A Current status GENOCIDAIRE SUSPECT Detained; under investigation Philippe Hategekimana Facts Context Hategekimana is suspected of Ongoing proceedings in France having participated in the genocide for crimes allegedly committed against Tutsis in Rwanda in 1994. during the 1994 Rwandan He was allegedly involved in genocide multiple atrocities in Nyanza and the surrounding villages in April 1994. He is accused of having Suspect assassinated a Tutsi mayor and Former police ofcer; dual French of having participated in several and Rwandan citizen mass murders. After the genocide, Hategekimana fled to France where he obtained citizenship. Country of residence of suspect Procedure France In June 2015, the Collectif des Parties Civiles pour le Rwanda Charges (CPCR) filed a complaint against Genocide Hategekimana before the Paris Tribunal. The CPCR alleged he Developments in 2019 was involved in committing atrocities during the Rwandan In February 2019, Cameroon genocide in 1994. In September accepted an extradition request 2015, an investigation was from France. Philippe Hategekimana opened. The investigative judge was brought before the investigative of the specialized unit issued an judges of the specialized unit for international arrest warrant. the prosecution of genocide, crimes against humanity, war crimes and Hategekimana was arrested in torture within the Paris Tribunal Yaoundé, Cameroon, on 30 March (hereinafter the specialized unit) 2018. France has requested his on 15 February 2019, indicted extradition to try him before a and placed in pre-trial detention. French court. Hategekimana denies the charges.

41 INVESTIGATION CLOSED v. André Ntagerura, Emmanuel OVER A DEPUTY’S Bagambiki and Samuel Imanishimwe, INVOLVEMENT IN THE Félicien Baligira had participated in two meetings to incite, prepare, RWANDAN GENOCIDE organize and commit genocide. Félicien Baligira These meetings allegedly took place towards late 1993 and in early 1994, Context in Gisuma and Gafunzo. Closed proceedings in France Furthermore, Baligira was against a Rwandan deputy for accused of having participated crimes committed during the in the massacre of Tutsis in the 1994 genocide in Rwanda former Cyangugu Prefecture, at the Kamarampaka stadium, at Suspect Mibilizi parish and at the Shangi parish. The most massive assault Former Rwandan deputy, refugee on 13 or 14 April 1994 resulted in in France the death of about 800 refugees.

Country of residence of Procedure suspect On 21 March 2011 the National France General Prosecutor of Rwanda demanded Baligira’s extradition Charges from French authorities, accusing him of participation in the 1994 Complicity in genocide genocide. Baligira was arrested in France on 5 March 2012. The Court Developments in 2019 of Appeal of Rennes refused his extradition as Rwandan criminal In October 2019, the investigative law did not provide for the crime judges dismissed the case, of genocide and corresponding considering that the evidence penalties before it had been was not sufcient to support committed. Baligira was set free the charges. The civil party, the on 16 April 2012. Collectif des Parties Civiles pour le Rwanda (CPCR) did not appeal the On 26 May 2014, the CPCR filed dismissal, which is now final. a criminal complaint against Baligira. The investigation lasted Current status five years, during which the Dismissed investigative judges travelled to Rwanda and witnesses were heard. Yet, in September 2017, Facts Baligira was placed under the According to the judgment of Trial status of assisted witness before Chamber of the International Criminal the case was dismissed in October Tribunal for Rwanda of 25 February 2019. 2004 in the case of the Prosecutor

42 25-YEAR PROCEEDINGS Facts Rights and its French member organization, the Ligue des Droits END WITH A DISMISSAL Munyeshyaka was the former de l’Homme, joined the case as civil head of the Sainte-Famille parish Wenceslas Munyeshyaka parties in 2005. in Kigali, Rwanda. He was accused of being involved in the mass On 8 June 2004, almost 10 years Context executions that took place on 17 after the investigation opened, the and 22 April 1994 in the Sainte- Closed proceedings in France European Court of Human Rights Famille parish. He was suspected against a Rwandan priest for condemned France for exceeding of repeatedly participating in the crimes committed during the reasonable time requirements. 1994 genocide in Rwanda selection of Tutsi refugees to be murdered, of leaving them to In parallel, Munyeshyaka was die of thirst, of reporting to the Suspect tried in absentia in Rwanda and authorities those who tried to sentenced to life imprisonment in Former head of the Sainte-Famille help them and of raping several 2006. parish in Kigali women. After leaving Rwanda, he became a priest in France. Proceedings resumed when the Country of residence of case was transferred in January suspect Procedure before the 2012 to the specialized unit. France International Criminal Tribunal for Rwanda On 19 August 2015, the prosecutor of the specialized unit requested Charges On 20 July 2005, the International Criminal Tribunal for Rwanda a dismissal of the case against Complicity in genocide, crimes (ICTR) indicted Munyeshyaka Munyeshyaka. On 2 October 2015, against humanity and torture for genocide and crimes against the investigative judges dismissed humanity including rape, the proceedings. The civil parties appealed this decision. Developments in 2019 extermination and murder. In 2007, the ICTR issued an arrest On 30 October 2019, the French warrant requesting the French On 8 November 2017, the Supreme Court rejected an appeal government to arrest him. On 20 Investigation Chamber of the Court from the civil party against the November 2007, the ICTR referred of Appeal in Paris postponed the dismissal of the case ordered the case to the French authorities. appeal hearing to 31 January by the investigative judges of 2018, following the dismissal of the specialized unit for the the case on 2 October 2015 by the prosecution of genocide, crimes Procedure in France investigative judges, in order to against humanity, war crimes and On 12 July 1995, a complaint was review the petitions submitted by torture within the Paris Tribunal filed against Munyeshyaka by the civil parties. (hereinafter ‘the specialized unit’). several French associations (the Wenceslas Munyeshyaka is Collectif des Parties Civiles pour On 22 June 2018, the Investigation definitively cleared of all charges. le Rwanda, Survie and the Ligue Chamber of the Court of Appeal in Internationale Contre le Racisme Paris issued a decision upholding the Current status et l’Antisémitisme (International dismissal of the case. The civil parties League against Racism and Anti- appealed against this decision to the Dismissal of the case confirmed Semitism, or LICRA), as well French Supreme Court. by the Supreme Court as individual plaintifs. On 25 July 1995, an investigation was opened into genocide, crimes against humanity and torture. The International Federation for Human

43 THREE MORE UPCOMING Facts He was arrested again on 5 September 2007 and placed GENOCIDE TRIALS Bucyibaruta, as prefect of under judicial supervision after Gikongoro, allegedly delivered Laurent Bucyibaruta the issuance of an arrest warrant public speeches urging the Hutu by the ICTR in August 2007. On 9 population to attack and kill May 2017, the investigative judge Context the Tutsis on many occasions within the Paris Tribunal informed between December 1993 and Pending proceedings in France the parties that he had completed April 1994. He is also accused against a Rwandan prefect for his investigation. crimes committed during the of having ordered massacres of Tutsis and moderate Hutus in 1994 genocide in Rwanda On 4 October 2018, the prosecution various locations in the Gikongoro issued its final submission Prefecture, and of having ordered Suspect requesting that Bucyibaruta be the rape and murder of women sent to criminal trial on charges Former Gikongoro prefect and and girls in various locations. of genocide and crimes against head of the prefectural committee humanity. On 24 December 2018, of the Interahamwe movement Procedure before the the investigative judges referred (the youth organization of the International Criminal the case to the Paris Criminal National Republican Movement Tribunal for Rwanda Trial Court for complicity in for Democracy and Development) The International Criminal Tribunal genocide and crimes against for Rwanda (ICTR) indicted humanity. If the Court of Appeal Country of residence of Bucyibaruta on 16 June 2005 for upholds the referral decision, suspect , genocide Bucyibaruta will be judged for his France and complicity in genocide, as alleged complicity in massive and well as crimes against humanity, systematic executions of civilians. Charges including extermination, murder and rape. Genocide and crimes against humanity In August 2007, the ICTR issued an arrest warrant requesting that the Developments in 2019 French government detain him. On 20 November 2007, the ICTR Laurent Bucyibaruta appealed referred the case to the French his referral to the Paris Criminal authorities. Court issued by the investigative judges for complicity in genocide and crimes against humanity. The Procedure in France appeal is ongoing. On 5 January 2000, the International Federation for Human Rights (FIDH) Current status and its member organization in France, the Ligue des Droits de Pending procedure; appeal of the l’Homme, lodged a complaint referral decision ongoing against Bucyibaruta for his alleged participation in the genocide of 1994. The Ofce of the Prosecutor of Troyes questioned and detained him on 3 May 2000. He was released on 20 December 2000.

44 Sosthène Munyemana of Tutsis to be eliminated. He against Tutsis, detained some of allegedly led the night patrols them in inhumane conditions and and gave instructions as to whom sent them to killing sites. Context should be abducted. Pending proceedings in France On 13 June 2018, FIDH, jointly with for serious international crimes Procedure Ligue des Droits de l’Homme and committed during the 1994 CPCR, filed their final submission genocide in Rwanda On 18 October 1995, the NGOs as civil parties, requesting that Collectif Girondin pour le Rwanda, Munyemana be sent to trial. FIDH and Survie lodged a criminal Suspect complaint against Munyemana On 3 December 2018, the investigative Gynecologist at the University for his alleged participation in judges referred the case to the Paris Hospital of Butare, Rwanda genocide. In 2001, the Collectif Criminal Court for genocide and des Parties Civiles pour le Rwanda crimes against humanity, as well as Country of residence of (CPCR) joined the proceedings as complicity in genocide and crimes suspect a civil party. against humanity.

France In 2006, Rwanda requested the Active personality extradition of Munyemana from Claude Muhayimana Charges France. On 7 October 2010, the Investigation Chamber of the Genocide and crimes against Bordeaux Court of Appeal denied Context humanity this request. Ongoing proceedings in France for crimes allegedly committed during In October 2008, Munyemana Developments in 2019 the 1994 genocide in Rwanda was found guilty in absentia by Sosthène Munyemana appealed the Butare’s Gacaca Court in his referral to the Paris Criminal Rwanda. He was sentenced to life Suspect Court issued by the investigative imprisonment. judges for complicity in genocide Naturalized French national and crimes against humanity. The originally from Rwanda On 14 December 2011, Munyemana appeal is ongoing. was indicted in the French proceedings and placed under Country of residence of Current status judicial supervision. suspect Pending procedure; appeal of the France referral decision ongoing On 9 May 2017, the investigative judge within the French specialized Charges unit for the prosecution of genocide, Facts crimes against humanity, war Complicity in crimes against On 17 April 1994, in a public crimes and torture within the Paris humanity and genocide speech, Munyemana allegedly Tribunal (hereinafter specialized incited Hutus to exterminate the unit) informed the parties that he Developments in 2019 Tutsi community of Tumba. From had completed his investigation. 21 April 1994, he is also accused of On 4 April 2019, the Court of taking part in several massacres On 11 May 2018, the prosecutor Appeals confirmed the referral of Tutsis in and around Tumba. of the specialized unit issued his of Claude Muhayimana’s case to He is reported to have distributed final submission. He alleged that the Criminal Court for complicity ammunition and compiled lists Munyemana organized a hunt in crimes against humanity

45 and genocide ordered by the On 9 April 2014, Muhayimana was FOLLOW UP ON OTHER investigative judges. Muhayimana arrested in Rouen following a CASES lodged an appeal before the French complaint filed in June 2013 by Supreme Court. the Collectif des Parties Civiles pour ▪ MBS: the investigation was le Rwanda. A criminal investigation closed in 2018 Current status was launched regarding his (see UJAR 2019, p. 29) alleged role in the genocide ▪ Serubuga: the investigation Pending referral decision committed in the district of Kibuye. is ongoing Muhayimana was placed in pre- (see UJAR 2018, p. 27) trial detention. On 3 April 2015, he Facts ▪ Qosmos was released and placed under (see UJAR 2019, p. 32) Muhayimana is alleged to have judicial control. driven Hutu militias to several and Amesys (see UJAR 2018, p. 33): attack locations while he was the On 9 November 2017, the the investigation is ongoing driver for the Kibuye Guesthouse. investigative judge referred the He was allegedly involved in the accused to the Paris Criminal Trial ▪ Norbert Dabira: attack on the Nyamishaba school Court for complicity in genocide the investigation is ongoing (Kibuye district) in April 1994, and and crimes against humanity (see UJAR 2017 p. 22) in the massacres of Tutsi civilians through aiding and abetting. ▪ The Caesar investigation: who had found refuge in Karongi, Muhayimana appealed the referral the investigation is ongoing Gitwa and Bisesero between April decision. The appeal hearings (see UJAR 2019, p. 25) and June 1994. against the referral decision took place on 18 October 2018 before Muhayimana is also accused of the Investigation Chamber of the participating in killings carried Court of Appeal in Paris. out in the Kibuye church on 17 April 1994 and in a stadium the Muhayimana will be judged only following day. Both massacres for his alleged participation in the resulted in the death of thousands Nyamishaba school attack, as well of victims. as for the massacres of Karongi, Gitwa and Bisesero between April Procedure and June 1994. The prosecutor had called for the dismissal of On 13 December 2011, the Rwandan the accusations regarding the judicial authorities issued an massacres committed in the Kibuye international arrest warrant church and in the Gatwaro stadium, against Muhayimana for his as Muhayimana presented an alibi alleged participation in the proving that he was not there during Rwandan genocide. In addition, the the events. He was not referred to Rwandan authorities requested the Paris Criminal Court for these his extradition from France. crimes.

On 26 February 2014, the French Supreme Court ruled that Muhayimana could not be extradited because Rwanda’s request was based on laws passed after the alleged crimes took place.

46 GERMANY

STRUCTURAL INVESTIGATION AGAINST THE SYRIAN GOVERNMENT: ARRESTS AND INDICTMENTS Anwar R. and Eyad A.

a Context Palatinate respectively, as a result Current status of person-specific investigations. Structural investigation by On the same day, French authorities Anwar R. and Eyad A. are detained the German Federal Public arrested another former intelligence pending trial. Prosecutor into international service ofcial in Paris (Abdulhamid crimes allegedly committed A., see p. 29). The arrests were by the Syrian government and Facts coordinated by the joint French- related institutions since 2011 German investigative unit. Since the beginning of the Syrian that has resulted so far in a civil war in 2011, Syrian intelligence formal indictment of two Syrian On 22 October 2019, the German services have reportedly been suspects Anwar R. and Eyad A. Federal Public Prosecutor systematically arresting, torturing and an arrest warrant against formally indicted Anwar R. and and killing opposition activists. Jamil Hassan Eyad A. before the Higher Regional In September 2011, the German Court of Koblenz. Anwar R. was Federal Public Prosecutor opened Suspects charged with complicity in crimes a structural investigation into war crimes and crimes against Syrian nationals; former and against humanity committed in Syria in 2011-2012. He is further humanity committed by the present members of the Syrian governmental institutions. intelligence agencies charged with 58 counts of murder as well as crimes of rape and severe sexual harassment. Eyad On 8 June 2018, the German Federal Country of residence of A. is charged with aiding and Court of Justice issued an arrest suspects abetting crimes against humanity warrant against Hassan, then head of the Air Force Intelligence Germany, Syria and potentially committed in Syria in 2011-2012. Service, for alleged crimes against other countries As for the arrest warrant against humanity and war crimes, upon Jamil Hassan, the former head of a request of the German Federal Charges the Syrian Air Force Intelligence Public Prosecutor. He is accused of having killed, tortured and Crimes against humanity, war Service, the Government of Germany caused severe physical or mental crimes and grave domestic reportedly sent an extradition request harm to numerous detainees of crimes including murder, rape to the Government of Lebanon the Air Force Intelligence Service and severe sexual harassment in February 2019 demanding facilitation of his extradition to between 2011 and 2013, as a Germany in accordance with the direct perpetrator, co-perpetrator Developments in 2019 arrest warrant issued against him or military commander. On 12 February 2019, German in June 2018. Hassan reportedly authorities arrested Anwar R. and visited Lebanon to receive medical Eyad A. in Berlin and Rhineland- treatment.

47 Other person-specific investigations Eyad A. was an alleged member targeted Anwar R. and Eyad A., of a sub-unit of the investigative Zoom in former members of Al-Khatib division tasked with conducting Branch, also known as Branch identity checks and arresting Overview of investigations 251, of the General Intelligence demonstrators, deserters and in Germany since 2017 Directorate (GID), which is other suspicious persons. He is responsible for internal security accused of contributing to the In a response to the in the Damascus area. Those torture and illegal detention of at parliamentary enquiry by the investigations resulted in an least 30 persons. German political party Bündnis arrest and a formal indictment. 90/Die Grünen on 12 August In the autumn of 2011, after an 2019, the German government According to the charges, Anwar anti-government demonstration shared information regarding R. was head of an investigative in the city of Douma had been investigations into allegations unit and its detention center. violently dispersed by security of international crimes initiated Between late April 2011 and early forces, Eyad A. and other GID by the German prosecutorial September 2012, he implemented ofcials allegedly pursued and authorities since 2017. and oversaw a brutal system of arrested fleeing demonstrators physical and psychological torture and transported them to the Al- The German Federal Public intended to force convictions and Khatib detention center. According Prosecutor opened 105 gain insight into the opposition to the charges, Eyad A. had full investigations based on the movement. At least 4’000 persons knowledge of the system of torture German Code of Crimes were exposed to torture in this and mistreatment that detainees against International Law, detention facility in that period. were being subjected to while some 25 investigations of detained. which were subsequently Methods of torture included suspended for various reasons. beatings with fists and various objects, inflicting electric shocks, The investigations concerned suspending victims from the crimes allegedly committed ceiling by their wrists, sleep in the following countries: deprivation and threatening Syria, Ivory Coast, The Gambia, detainees that their family , the Democratic members would be exposed to Republic of the Congo, Iraq, torture. The investigation also Nigeria, Afghanistan, Mali, Sri found at least one case of rape and Lanka, Cameroon, , sexual assault. Moreover, victims Armenia, the Russian were reportedly subjected to Federation (Chechnya), inhumane conditions of detention Pakistan, Ukraine, Central such as overcrowded cells and the African Republic and Sudan. withholding of medical attention. At least 58 persons are said to have died as a result of the torture and inhumane conditions.

48 Active personality PROSECUTING GENOCIDE On 9 April 2019, the trial of a and September 2015, she allegedly AND OTHER GRAVE German national, Jennifer W., conducted the so-called daily CRIMES COMMITTED started before the Higher Regional “moral patrols” in ISIS-occupied Court of Munich, based on a formal Fallujah and Mosul by inspecting AGAINST YAZIDIS indictment of 13 December 2018. whether women’s behavior and Jennifer W. and others Jennifer W. is inter alia accused of clothing complied with the rules a war crime for the killing of a five- set by ISIS. While conducting such Context year old Yazidi child, taken captive patrols, Jennifer W. reportedly and enslaved with her mother, by carried various lethal weapons Ongoing structural and personalized Jennifer W. and her husband Taha with her. For this, she allegedly investigations and criminal A.-J., an Iraqi national. received remuneration from ISIS. proceedings in Germany for international crimes committed On 18 April 2019, the German Jennifer W. shared a household by members of Islamic State (ISIS) Federal Court of Justice issued with her spouse, Taha A.-J., who against Yazidis in Syria and Iraq an arrest warrant against Taha allegedly joined ISIS in 2013. A.-J. Following his arrest in May In summer 2015, Taha A.-J. Suspect 2019 in , he was extradited reportedly purchased a woman to Germany on 9 October 2019. and her five-year old daughter Iraqi and German nationals The arrest warrant was based from a group of Yazidis taken on a strong suspicion that as a captive by ISIS. Taha A.-J. brought Country of residence of member of ISIS he committed the woman and her daughter to suspects crimes of genocide, crimes his house. Taha A.-J. and Jennifer against humanity and war crimes W. allegedly kept the Yazidi woman Germany against the Yazidi mother and and her daughter captive as slaves daughter. He was indicted in early and exposed them to inhuman Charges 2020. living conditions. Taha A.-J. is suspected of having prohibited the Membership in a terrorist organization, The trial against Jennifer W. will Yazidi woman and her daughter crimes against humanity, war crimes continue in 2020. In addition to from exercising their religion and and genocide the original charges, the Court is forced them to convert to Islam. considering including charges of In order to punish the captives, Developments in 2019 crimes against humanity. Taha A.-J. allegedly beat them In 2019, the investigation severely and repeatedly. To regarding the crimes committed Current status punish the five-year old, Taha A.-J. by ISIS against the Yazidi is suspected of chaining her Jennifer W. is on trial; Taha A.-J. is community in Syria and Iraq led outdoors in scorching heat, which indicted to arrests, formal indictments subsequently led to the child’s and trials against several former death. Jennifer W. reportedly members of ISIS based on Facts witnessed her husband’s acts and accusations of crimes against did not undertake any steps to In August 2014, Jennifer W. left humanity, war crimes, genocide prevent the death of the child. Germany for Iraq and joined ISIS and other crimes. there. In the period between June

49 PROSECUTING CRIMES the accused guilty of war crimes, pictured in the photograph, which OF NON-STATE ACTORS murder, torture and abduction investigators found on his phone, IN SYRIA AND IRAQ for the purpose of blackmail, and and to holding the severed head, sentenced him to life imprisonment. but maintains that he discovered Ibrahim Al F. and others the remains underneath some Ibrahim Al F. formerly headed ruins. The accused is currently Context the militia Ghurabaa al-Sham, detained pending confirmation which has been fighting the of the indictment by the Higher Ongoing structural and personalized Syrian government forces in the Regional Court of Koblenz. investigations and criminal Syrian civil war as part of the proceedings in Germany for Free Syrian Army (FSA) since the Mohamad K. international crimes committed summer of 2012. The first and by members of non-State armed second instance courts found that On 19 February 2019, the trial groups in Syria Ibrahim Al F. participated in the against Syrian national Mohamad abduction and subsequent one- K. began before the Higher month detention of two civilians Suspects Regional Court of Stuttgart. On 4 who resisted looting. Together Syrian nationals April 2019, Mohamad K. was found with his subordinates, Ibrahim Al guilty of two counts of war crimes F. was found to have personally and sentenced to four years and tortured the detainees, who were Country of residence of six months’ imprisonment by the only released after a ransom was suspects Higher Regional Court of Stuttgart. paid. Under his command, his Germany subordinates abducted at least six Mohamad K. is a former member other civilians and subjected them of the FSA and is accused of Charges to severe torture, which led to the having committed war crimes in death of at least one person. Membership in a terrorist organization, Idlib, Syria. Jointly with two other war crimes and torture members of the FSA, Mohamad K. Syrian national (name withheld) allegedly captured and detained Developments in 2019 two members of an armed group On 26 August 2019, the Koblenz fighting on the side of the Syrian In 2019, various criminal proceedings Prosecutor General indicted a government for an unknown time regarding international crimes 33-year-old Syrian national for period between January 2012 committed by non-State actors one count of war crimes, namely and January 2013. To punish in Syria resulted in indictments the demeaning and degrading the detained fighters, Mohamad and convictions. The charges treatment of a person protected K. allegedly tortured the almost usually include both war crimes by international humanitarian unclothed men by beating them and membership in a terrorist law, committed in Syria between severely and repeatedly with a organization. early 2012 and September 2014. cable-like object. The torture was filmed by another FSA member. Ibrahim Al F. The accused is alleged to have joined the armed resistance On 6 August 2019, the Federal against the Syrian government Supreme Court upheld the in the city of Dara’a in 2012 conviction and life sentence of and posed for pictures with the Ibrahim Al F., a Syrian national. On severed head of a combatant, 24 September 2018, the Higher presumed to have fought for the Regional Court of Dusseldorf found government. He admitted to being

50 Abdul Jawad A. K., On 17 February 2013, the Mohammed Rafea Yaseen Y. Abdulrahman A. A., Canadian national Carl Campeau, Abdoulfatah A. and who had been working as a legal On 8 March 2019, the Higher Abdalfatah H. A. adviser to UN forces (UNDOF) in Regional Court of Dusseldorf indicted the Golan Heights, was abducted the Iraqi citizen Mohammed Rafea In 2019, the trial against four Syrian by the terrorist organization Yaseen Y. for aiding and abetting nationals and former members Jabhat al-Nusra in the Damascus a killing and war crimes, as well of a combat unit belonging to area. Suliman Al-S. allegedly as for membership in the terrorist Jabhat al-Nusra, Abdul Jawad A. participated in his abduction organization ISIS. K., Abdulrahman A. A., Abdoulfatah by keeping the victim under A. and Abdalfatah H. A., continued surveillance between March and Mohammed Rafea Yaseen Y. was before the Higher Regional Court of June 2013. Carl Campeau was allegedly an active member of Stuttgart. The accused are charged held captive for eight months ISIS between 2006 and 2008 in with war crimes and membership until he managed to escape in his Iraqi hometown of Al-Rutba. in a terrorist organization. October 2013. While in detention, Jointly with other ISIS members, his captors issued death the accused is alleged to have Abdul Jawad A. K., founding member threats against him and tried constructed explosive devices of a combat unit belonging to unsuccessfully to obtain a ransom and used them for attacks in the Jabhat al-Nusra, and Abdulrahman for his release. surroundings of Al-Rutba that A. A., Abdoulfatah A. and Abdalfatah resulted in human casualties. H. A., who joined the unit at a Among the victims were members Fares A. B. later stage, are alleged to have of the United States armed forces, taken part in hostilities during the Iraqi police as well as local On 12 June 2019, the Higher Regional capture of Raqqa. In March 2013, civilians. In 2014, Mohammed Court of Stuttgart indicted Syrian the accused, together with other Rafea Yaseen Y. was alleged to national Fares A. B. for membership members of their combat unit, have joined ISIS and was deployed in the terrorist organization Islamic reportedly executed 36 Syrian civil as an armed security guard in Al- State (ISIS) and war crimes. servants previously taken prisoner Rutba. As a part of his activities, during the capture of Raqqa. Prior he allegedly ensured security The accused joined ISIS in to the execution, the civil servants during public executions of the summer of 2014. He was had been sentenced to capital children, women and men by ISIS deployed in an ISIS prison where punishment by a Shariah court. members. he allegedly mistreated at least three prisoners. Furthermore, Suliman Al-S. he is alleged to have conducted raids, brought newly arrested On 23 January 2019, the Higher individuals to the prison and Regional Court of Stuttgart guarded checkpoints. On one lengthened the sentence of occasion, during an examination Syrian national Suliman Al-S. to at his checkpoint, he allegedly four years and nine months. The hit a truck driver on the head original sentence of three years with a machine gun, jointly with and six months’ imprisonment for another ISIS member. Fares aiding and abetting the kidnapping A. B. furthermore is alleged to of an employee of the United have participated in the shooting Nations in Syria in February 2013 of a prisoner captured by ISIS was successfully appealed by the for alleged blasphemy. The prosecutor. perpetrators allegedly placed the corpse of the deceased at the village square for public display.

51 AFGHAN SOLDIER TRIED Notably, the Higher Regional Court In March 2014, Ahmad Zaheer D. AND SENTENCED FOR did not find that the mistreatment of was further found to have subjected WAR CRIMES the prisoners during interrogation the body of a high-ranking enemy amounted to torture in violation combatant to degrading treatment. Ahmad Zaheer D. of the German Code of Crimes This involved him parading the body against International Law (VStGB), in front of the civilian population Context but rather amounted to infliction of while kicking and insulting the grievous bodily harm, coercion and deceased, simulating the mounting Completed proceedings in Germany attempted coercion. In determining of the deceased’s head on a meat for war crimes committed in the length of the sentence and hook and subsequently Afghanistan deciding to impose probation, the the body by a rope around the neck, court took into account inter alia proclaiming to have murdered and Suspect the fact that Ahmad Zaheer D. killed him “like a donkey”. Both had confessed, cooperated with instances were captured on video. Afghan national, member of the authorities and made every efort Afghan armed forces to integrate in Germany. Procedure On 25 October 2018, Ahmad Country of residence of Current status suspects Zaheer D. was arrested by German Found guilty, on probation authorities. Germany

Facts Charges Ahmad Zaheer D. was a member War crimes of the Afghan military forces and was reportedly responsible for the Developments in 2019 interrogation of captured enemy fighters on at least one occasion On 29 March 2019, the federal between late 2013 and early 2014. prosecutor formally charged Together with two other military Ahmad Zaheer D. with two counts ofcials, he interrogated three of war crimes. His trial took place prisoners of war and subjected from 2 to 23 July 2019 before the them to cruel and inhumane Higher Regional Court of Munich. treatment in violation of the Geneva Conventions, including by On 26 July 2019, Ahmad Zaheer beating them severely by hand and D. was found guilty of one count using a hose, and by threatening of war crimes as well as inflicting them with an electrical shock grievous bodily harm, coercion device. and attempted coercion. He was sentenced to two years’ probation.

52 FDLR LEADERS’ CASE Developments in 2019 The Higher Regional Court of Stuttgart issued its first instance ENDS IN AN UNEXPECTED On 16 April 2019, Ignace verdict on 28 September 2015, WAY Murwanashyaka passed away convicting Murwanashyaka of five while in detention pending retrial. Ignace Murwanashyaka and counts of aiding and abetting war Straton Musoni crimes and of leading a foreign Current status terrorist organization, and sentenced Context Murwanashyaka’s case was him to 13 years in prison. Musoni was sentenced to eight years’ Completed proceedings in terminated; Straton Musoni’s sentence was carried out imprisonment for his role as leader Germany against former ofcials of a foreign terrorist organization. of the Forces Démocratiques de Libération du Rwanda (Democratic Facts The judgment was appealed. Forces for the Liberation of In 2009, Rwanda and DRC led a While Murwanashyaka remained Rwanda, or FDLR) for alleged joint military operation aimed in detention pending the appeal, serious crimes under international at neutralizing the FDLR. This Musoni was released on 28 law committed in the Democratic operation resulted in various September 2015 due to time Republic of the Congo (DRC). The retaliatory attacks by the FDLR served. On 12 February 2018, FDLR, formerly the Armée de on Congolese civilians, including the Stuttgart regional council Libération du Rwanda (Liberation women, children and other ordered Musoni to leave Germany, Army of Rwanda), was created vulnerable persons. The two forbidding him to return to the in 2001 and has been operating FDLR leaders, who were living country for nine years. in the Eastern DRC since then. in Germany at the time of the Some of its members have been attacks, were accused of having The appeal hearing took place on 31 accused of participating in the coordinated attacks that resulted October 2018 before the Federal Court 1994 genocide in Rwanda in the death of civilians, pillage, of Justice. On 20 December 2018, the recruitment of child soldiers and Federal Court of Justice overturned Suspects rape and other forms of sexual Murwanashyaka’s conviction for aiding and abetting war crimes Ignace Murwanashyaka was head violence. and referred his case back to of the FDLR from its creation the Higher Regional Court of in 2001 until his death in 2019. Procedure Stuttgart for retrial. According to Straton Musoni became deputy Murwanashyaka and Musoni were the Federal Court decision, the head of the FDLR in 2004 arrested in Germany on 17 November first instance judgment contained 2009, following the issuance of an legal errors and did not establish Country of residence of arrest warrant by the German Federal beyond reasonable doubt that suspects Court of Justice on 16 November Murwanashyaka encouraged or facilitated the attacks. Musoni’s Germany 2009. Their trial before the Higher Regional Court in Stuttgart began conviction and sentence were on 4 May 2011 and ended after 320 upheld. Charges days of hearings, on 28 September Ordering and coordinating crimes 2015. During the proceedings, 11 of Murwanashyaka, who had been in against humanity and 16 counts of the 16 initial charges of war crimes detention awaiting retrial, died on war crimes committed by the FDLR and crimes against humanity were 16 April 2019 of unknown causes, on Congolese territory between dropped. efectively terminating the case January 2008 and November 2009 against him. and membership in a terrorist organization

53 CASE AGAINST ISRAELI Facts In August 2018, ECCHR, together with its partner organization, PCHR, DEFENSE FORCES On 21 July 2014, Israeli armed submitted to the German Federal DISCONTINUED IN forces killed members of the Public Prosecutor further evidence to German-Palestinian Kilani family ISRAEL, BUT GOES substantiate the criminal complaint – a father, mother, and their five AHEAD IN GERMANY filed in 2014. children aged four to 12 years old. Names withheld The attack took place in the course of the military operation Protective Context Edge, during which Israeli armed FOLLOW UP ON OTHER forces conducted air strikes in CASES Preliminary investigation in the between 8 July and Germany against members of the 26 August 2014. Civilian facilities ▪ Abdulmalk A. and Mousa H. A.: Israeli Defense Forces for alleged and houses were destroyed and the investigation is ongoing war crimes committed in Gaza heavily damaged, and hundreds (see UJAR 2018, p. 52) during the Operation Protective of civilians were killed. ▪ Harry Sarfo: Edge between 8 July and 26 the investigation is ongoing August 2014 Due to a warning of the planned (see UJAR 2018, p. 54) Israeli airstrikes, the Kilani family ▪ Gina Haspel (Guantánamo case): Suspects fled their home in Beit Lahia to Al- the investigation is ongoing (see UJAR 2019, p. 54) Members of the Israeli Defense Salam Tower. Two days later, on 21 Forces responsible for the attack July 2014, rockets hit the building on Al-Salam Tower in Gaza on 21 and killed the whole family. Israel July 2014 stated that the actual target of the attack was a commander of the Palestinian Islamic Jihad. Country of residence of suspects Procedure Israel In December 2014, the European Center for Constitutional and Human Charges Rights (ECCHR), together with its War crimes partner organization, the Palestinian Centre for Human Rights (PCHR), filed a criminal complaint with the Developments in 2019 German Federal Public Prosecutor on The Israeli authorities rendered a behalf of Ramsis Kilani, who lost his final decision not to investigate the father and half-siblings in the strike. case. A preliminary investigation is The submission provided evidence ongoing in Germany. including photos, videos and witness statements. Kilani denounced the Current status alleged disproportionality of the Israeli attack on Al-Salam Tower. Under preliminary investigation At the same time, PCHR filed a criminal complaint in Israel and submitted an appeal against the military prosecutor’s decision not to investigate the Kilani case.

54 GHANA

EX-PRESIDENT OF Watch and TRIAL International. The THE GAMBIA TIED TO TRRC is tasked with establishing MURDERS OF MIGRANTS a historical record of the nature, causes and extent of violations and Yahya Jammeh abuses of human rights committed during the Jammeh regime, Context through testimonies of victims and witnesses. a Campaign to bring former Gambian President Yahya In December 2019, based on his Procedure Jammeh and his accomplices fact-finding mission to The Gambia, In May 2018, the families of the to justice the President of Ghana Akufo- victims and a coalition of local Addo revealed that the Gambian and international NGOs asked Suspect government was involved in Ghanaian authorities to open an the extrajudicial killings of the Former Gambian President (1994- investigation against Jammeh. migrants. He also encouraged 2016) The report and a legal brief about the Gambian President to take the case were also transmitted actions after several members to Ghanaian authorities by TRIAL Country of residence of of the Junglers, a notorious International and Human Rights suspect unit that took its orders directly Watch. from then-Gambian President Equatorial Guinea Yahya Jammeh, admitted their The Ghanaian Inspector General of involvement in the massacre. Police and later the government, Charges through its Minister of Information, Complicity in enforced Current status stated that “the government had disappearances and extrajudicial tasked the Ministry of Foreign Pending investigation executions Afairs and the Attorney-General’s Department to study the request” and “advise the government on the Developments in 2019 Facts way forward.” An investigation conducted by In January 2019, five United and TRIAL Nations human rights monitors International revealed that a urged the UN and the Economic paramilitary unit controlled by Community of West African States Jammeh allegedly summarily (ECOWAS) to release their report executed more than 50 West on the 2000 massacre of more African migrants (including some than 50 Ghanaian and other West 44 Ghanaians) in July 2005. The African migrants in The Gambia. migrants, who were bound for According to this report, rogue Europe but were suspected of being elements in the Gambian security mercenaries, were murdered after services “acting on their own” were having been detained by Jammeh’s responsible for the massacre. This closest deputies in the army, navy information contradicts recent and police forces. The Junglers testimonies to the Gambian Truth, are alleged to have carried out the Reconciliation and Reparations killings. Commission (TRRC) as well as the investigation of Human Rights

55 HUNGARY

EUROPEAN COOPERATION Since his arrest, ten people, LEADS TO THE ARREST witnesses and civil parties, have OF AN ISIS SUSPECT been questioned in Malta and Belgium. An investigation with Hassan Faroud the involvement of the TEK is underway in several European Procedure Context Union member States, including a Faroud left Syria in 2016 and in Malta, Belgium and Greece. Ongoing proceedings in Hungary illegally entered the Greek island of for terrorism and crimes against on 27 February 2016, where On 3 September 2019, Faroud humanity committed between 2015 he was granted refugee status on was indicted by the Metropolitan and 2016 in Syria 27 October 2017. Prosecutor’s Ofce of Budapest for carrying out acts of terrorism The accused was a subject Suspect and crimes against humanity. He of investigation by the Greek remains in custody awaiting trial. Syrian national and alleged Intelligence Service (EYP) since July Islamic State (ISIS) fighter 2018, when the Belgian intelligence Current status services transmitted information concerning an unnamed individual Country of residence of In custody pending trial allegedly involved in extremist suspect activity as a member of ISIS. National Hungary Facts investigations were coordinated by Eurojust, the European judicial Faroud is alleged to have cooperation agency. One month Charges commanded a small unit of ISIS in later, the EYP managed to identify the province of Homs, Syria. He is Terrorism and crimes against this individual as Faroud, but no suspected of having ordered the humanity sufcient information was found to occupation of Al-Sukhnah in the prove he belonged to ISIS. province of Homs and drawing up a Developments in 2019 “death list” of those who rejected the In August 2018, the accused was goals of ISIS and as a consequence On 22 March 2019, based on convicted in Malta for living there should be executed. The executions information obtained by European with forged identification documents. included the public beheading of the national intelligence services, He was sentenced to six months of local imam and at least 25 civilians a Budapest Court ordered the imprisonment, suspended for two including women and children in detention of Hassan Faroud for years and ordered to leave Malta. At the town of Al-Sukhnah. alleged murders committed in that time, there was still no further Syria. information confirming his ties with The accused is alleged to have ISIS. The accused was subsequently personally participated in the execution of the imam as well arrested by the Hungarian On 30 December 2018, Faroud was as the murders of three other Counterterrorism Center (TEK) at caught using forged travel documents civilians in the area between 13 the Budapest Nyírbátor migrants’ again in Budapest’s Listzt Ferenc May and 15 May 2015. He also detention facility where he was Airport. He subsequently received a allegedly shot another person. detained, awaiting his deportation suspended prison sentence and was to Greece where he had refugee set to be expelled from Hungary to status. Greece. He was detained in Budapest’s Nyírbátor asylum detention facility, awaiting his return.

56 ITALY

TORTURING MIGRANTS Current status EARNS SOMALI MAN Convicted and sentenced to life LIFE SENTENCE imprisonment; conviction confirmed Osmann Matammud on appeal

Context Facts Procedure a Proceedings in Italy for the The Bani Walid transit camp, On 26 September 2016, Matammud kidnapping, murder and rape located in the town of Bani Walid, was arrested in a migrant center of migrants, as well as the in northwest Libya is a detention in Milan after he was recognized facilitation of illegal migration, in center where migrants on their a few days earlier by other asylum Libya at the Bani Walid detention way to Europe sufer violence seekers. Several of his victims filed camp between 2015 and 2016 and extremely severe abuse for a complaint for the abuses they months. Matammud was the sufered in the Bani Walid transit Director of the center. He and his Suspect camp. Specifically, the complaint associates would call relatives concerned kidnapping for ransom Somali national, Director of the of the detainees on the phone, and rape. Bani Walid detention camp threatening to kill them if the “price of the transport” (efectively Matammud was formally charged Charges a bribe) was not paid. During under Article 10 of the Italian Matammud’s trial, witnesses Criminal Code for kidnapping for Kidnapping for ransom aggravated described the horrors and violent ransom aggravated by death, rape by murder, rape and facilitation of abuses they sufered, such as and facilitation of illicit immigration. illicit immigration committed in physical and mental violence, The witnesses described in their Libya between 2015 and mid 2016 sexual abuse, horrendous interrogation and other torture and cruel punishments. inhuman treatment, but this was Developments in 2019 Matammud is also accused of not added to the charges because having personally raped women, the crime of torture was introduced The appeal trial of Osmann including minors. in Italy only in June 2017, and these Matammud took place in March crimes were committed between 2019. Seventeen witnesses were 2015 and 2016. heard by the Appeal Court of Milan, recalling the severe torture The criminal trial started on 23 they sufered. His conviction and March 2017. Matammud was life sentence were upheld on 20 convicted and sentenced to life March 2019. The Appeal judges imprisonment on 10 October 2017 emphasized Matammud’s cruelty, by the Court of Milan. the fact that he was directly involved in murders and the extreme severity of the torture and rapes.

57 THREE MIGRANT Facts TORTURERS ARRESTED Hundreds of migrants on their way IN MESSINA to Europe were held in the Zawiya Mohammed Condè; detention center in Libya where Hameda Ahmed; they faced systematic atrocities and Mahmoud Ashuia physical and psychological torture. Mohammed Condè, Hameda Ahmed and Mahmoud Ashuia are accused of Context having run the center. The accused Ongoing investigation of the crimes used the same procedure for their committed in Zawiya detention victims: photographs of the detainees center in Libya since 2015 were sent to their families along with a request for ransom. Those whose families paid were freed, whereas the Suspect others were killed or sold to human Mohammed Condè and Hameda trafckers. Ahmed, both Egyptian nationals; and Mahmoud Ashuia, a Guinean Condè, Ahmed and Ashuia were national recognized in Messina by migrants that passed through the detention center in July 2019. Following Charges their arrest, the accused are in Multiple charges of sexual violence, custody. torture, murder, kidnapping for ransom and facilitating illegal immigration

Current status Indicted; the accused remain in custody

Developments in 2019 The accused were arrested in September 2019 in Messina (Sicily), in the context of the ongoing investigations of the Ofce of the Prosecutor of Agrigento and the Anti-mafia Division of Palermo, following a formal complaint filed by victims who arrived in Italy through the Mediterranean migration routes.

58 Active personality NGOS FIGHT DISMISSAL The Statute of the International The complaint alleges the OF ARMS TRADE CASE Criminal Court has not been criminal liability of RWM Italia’s INVOLVING EXPORTS implemented in the Italian Directors and ofcials from UAMA Criminal Code and, consequently, for the export of at least a part of TO SAUDI ARABIA it was not possible to request an the deadly weapons used in the RWM Italia S.p.A. investigation into complicity in strike to Saudi Arabia or another war crimes member State of the military Context coalition. Developments in 2019 Ongoing investigation against Despite major warnings that the Directors of RWM Italia S.p.A., an The Italian Public Prosecutor’s Saudi/UAE-led coalition warfare Italian arms manufacturer, and Ofce in Rome requested a in Yemen causes significant against Italian government ofcials dismissal of the case in October loss of civilian life and breaches who authorized arms exports to 2019. Three organizations international humanitarian law, Saudi Arabia and the United Arab appealed the prosecutor’s exports of bombs and other Emirates, for complicity in murder decision: the European Center weapons to the coalition member and bodily injury for Constitutional and Human States are still taking place. Rights (ECCHR), the Yemen- In Italy, the competent UAMA Suspects based Mwatana Organization for authorizes these exports of Human Rights and the Italian- armaments manufactured in Italy. Current and former Directors based Rete Italiana per Il Disarmo of RWM Italia (a subsidiary of (in cooperation with Osservatorio the German-based company Permanente sulle Armi Leggere e Procedure Rheinmetall AG), and Italian le Politiche di Sicurezza e Difesa, On 17 April 2018, the joint ofcials from Italy’s National OPAL). A court hearing is to be criminal complaint by the NGOs Authority for the Export of scheduled and is expected to take ECCHR, Mwatana Organization for Armament (UAMA). The suspected place in the first half of 2020. Human Rights and Rete Italiana individuals are German and Italian per Il Disarmo, in cooperation with Current status OPAL, was filed before the public Country of residence of prosecutor in Rome. The prosecutor suspects Pending a decision from the opened an investigation into the Italian court allegations. Italy Facts Charges The complaint denounces an air In relation to the company’s strike launched on 8 October 2016 Directors and government ofcials, by the Saudi/UAE-led coalition complicity through gross in Deir Al-Hajari, Yemen, which negligence in murder and bodily allegedly killed six civilians. At the injury. The complaint further site of the airstrike, a suspension requests an investigation into the lug manufactured by RWM Italia alleged abuse of power by the was found. Further remnants government ofcials indicate the use of a guided bomb. Testimonies of eye witnesses confirm that no military object was in the direct vicinity of the house that was targeted by the airstrike.

59 NETHERLANDS

FIRST INDICTMENT detention during the judicial OVER WAR CRIMES investigation. In hearings on 2 COMMITTED IN SYRIA September and 18 November 2019, the lawyers of the accused Abu Khuder denied the charges.

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

60 GERMAN TIP-OFF Facts ALLOWS ARREST BY According to the prosecution, DUTCH POLICE the suspect commanded Ahrar Name withheld al-Sham fighters and took part in an April 2015 ofensive in the city of Hama. During this time, Context he allegedly subjected persons Ongoing proceedings for war hors de combat to humiliating and crimes allegedly committed in degrading treatment by posing Syria in 2015 by a commander of with the corpse of an enemy the Salafist militant group Ahrar fighter and kicking the body of al-Sham, which was designated another. In addition, he allegedly as a terrorist organization by a appears in a video, posted on Dutch court in 2019 YouTube, “singing to celebrate the deaths of fighters and referring to them as dogs”. Suspect Syrian national; alleged former commander of Ahrar al-Sham

Country of residence of suspect Netherlands

Charges War crimes and membership in a terrorist organization

Developments in 2019 On 22 October 2019, the Dutch Police arrested a Syrian man in an asylum center in Ter Apel, on suspicion of outrages upon personal dignity constituting a war crime. According to the National Public Prosecutor’s Ofce, the suspect was flagged by German authorities in 2015 when he spent a short time seeking asylum before returning to Syria due to personal circumstances.

Current status Detained pending judicial investigation

61 Active personality AN AFGHAN PRISON Facts COMMANDER DETAINED The suspect is alleged to have ON CHARGES OF WAR been the commander and the CRIMES head of the Department of Political Afairs of the Pul-e-Charki prison Name withheld in Kabul in the 1980s. The prison was reportedly notorious for its Context inhumane regime during the Ongoing proceedings for war Soviet-Afghan war, with detainees crimes allegedly committed by being illegally imprisoned, tortured a former prison commander in and subjected to inhumane and Afghanistan in the 1980s degrading treatment, as well as executed. According to the Dutch National Public Prosecutor’s Ofce, Suspect investigators of the International Alleged former commander of the Crimes Team have received dozens Pul-e-Charki prison in Kabul; dual of witness statements testifying to Afghan and Dutch citizen the suspect’s involvement in the crimes. Country of residence of suspect Netherlands

Charges War crimes

Developments in 2019 On 12 November 2019, the Dutch police arrested a 73-year-old man in Kerkrade on suspicion of war crimes. The suspect reportedly arrived in the Netherlands in 2001 and later obtained Dutch nationality.

Current status Detained pending judicial investigation

62 Active personality PROSECUTOR STARTS Facts Procedure in the HEARING WITNESSES In 1974, the communist military Netherlands IN ETHIOPIAN “RED regime, known as the Dergue, Alemu was arrested in the TERROR” CASE overthrew Emperor Haile Selassie Netherlands in September 2015. I and seized power in Ethiopia. In September 2016, 15 Ethiopian Eshetu Alemu The regime efectively ruled the witnesses residing in the United country for 17 years. In February States of America and Canada Context 1977, the Red Terror was ofcially were questioned by a Dutch judge Ongoing proceedings against declared, which led to mass and a prosecutor. Alemu pleaded a Dutch national originally killings, arrests, torture and not guilty to all charges. from Ethiopia, for war crimes enforced disappearances against committed in Ethiopia during the suspected political opponents. On 15 December 2017, Alemu Red Terror in the late 1970s Eshetu Alemu is accused of was found guilty of war crimes, ordering the execution of 75 including arbitrary detention, people, of torturing nine people, inhuman treatment, torture and Suspect and of controlling the illegal murders. He was sentenced to life Former member of the Provisional detention of more than 300 people in prison. Military Administrative Council, in cruel and inhuman conditions in also known as the Dergue, during Ethiopia’s Gojjam province during Alemu appealed his conviction on 3 the Mengistu Haile Mariam regime the Red Terror. January 2018. On 23 April 2018, a pre-trial hearing took place before In 1990, Alemu fled to the The Hague Court of Appeal. At the Country of residence of Netherlands as an asylum seeker defense’s request, on 19 November suspect and became a Dutch citizen in 1998. 2018, the Court agreed to hear a Netherlands dozen witnesses in Ethiopia. An Procedure in Ethiopia investigative judge traveled to Ethiopia, together with the defense Charges On 12 December 2006, Ethiopia counsel and prosecutors, to hear War crimes including arbitrary concluded the trial of former Dergue those witnesses. detention, inhuman treatment, ofcials, convicting Alemu, and 57 torture and murder of alleged other regime ofcials, for genocide opponents to the regime and crimes against humanity. Alemu was judged in absentia and received a death sentence. Developments in 2019 The preparation of the appeal has continued. Some witnesses were heard by the appeal investigative judges, and others will testify in Ethiopia.

Current status Sentenced to life in prison; appeal ongoing

63 Active personality “BLOOD TIMBER” Current status On 10 March 2008, the Dutch Court of Appeal overturned the BUSINESSMAN Sentenced AWAITING EXTRADITION conviction and acquitted him of all charges due to a lack of evidence. Guus Van Kouwenhoven Facts Whilst managing the largest timber On 20 April 2010, the Supreme Context operation in Liberia, Van Kouwenhoven Court of the Netherlands overturned the decision of the Ongoing proceedings against a facilitated the importation of weapons for Charles Taylor, thereby Court of Appeal. The Supreme Dutch national for alleged war Court considered that the appeal crimes committed during the contravening United Nations Security Council embargoes. These weapons judges wrongly rejected a second Liberian civil war (1999- prosecution request to hear the 2003) were supplied to militias and used to carry out numerous massacres testimonies of two new witnesses, during the second Liberian civil war. and ordered a retrial. Suspect In December 2016, Van Dutch national, Director of Operations Van Kouwenhoven made available Kouwenhoven fled to South at the Oriental Timber Company, trucks, drivers and facilities for Africa. Van Kouwenhoven’s appeal and owner of the Royal Timber the transportation and storage hearings nevertheless began on 6 Company, both operating in Liberia of weapons, as well as armed personnel to Charles Taylor’s February 2017 before the Court of troops. Appeal of Den Bosch. On 10 February Country of residence of 2017, the prosecution requested a suspect 20-year prison sentence. Procedure South Africa On 18 March 2005, Van Kouwenhoven On 21 April 2017, the Court of was arrested in Rotterdam. He was Appeal of Den Bosch sentenced Van Charges charged with delivering arms to Kouwenhoven in absentia to 19 years’ Complicity in war crimes, Liberia, involvement in war crimes imprisonment for complicity in war supplying arms and ammunition committed in that country and crimes committed in Liberia and for in violation of embargoes breaching the embargo decreed by his involvement in arms trafcking. the UN on Liberia. The Court of Appeal considered that by providing weapons, personnel, Developments in 2019 His trial began on 24 April 2006 and equipment to the armed conflict, Guus Van Kouwenhoven challenged in The Hague. On 7 June 2006, Van Kouwenhoven consciously the legality of the warrant of arrest the Dutch Court acquitted Van accepted the probability that war issued by the Magistrate’s Court in Kouwenhoven of war crimes due crimes and/or crimes against Pretoria (South Africa), arguing that to a lack of evidence. He was, humanity would be committed. it was unlawful and invalid. however, sentenced to an eight- year prison term for breaking the The Court confirmed that the UN arms embargo against Liberia. warrant itself, the applicant’s arrest Both sides filed an appeal. on 8 December 2017 and the proceedings to date were all lawful.

64 On 8 December 2017, Van Kouwenhoven was arrested in South Africa on a Dutch warrant. The Netherlands requested his extradition. Van Kouwenhoven’s extradition hearings in South Africa were postponed several times in 2018 for medical reasons. The last hearing took place in October 2018.

On 26 June 2018, the Advocate General advised the 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.

65 NORWAY

VICTIMS AND NGOS FILE Current status COMPLAINT AGAINST Preliminary examination SYRIAN OFFICIALS Names withheld Facts Since the beginning of the Syrian Context civil war in 2011, Syrian military Ongoing proceedings in Norway and intelligence services have for war crimes, crimes against reportedly been systematically humanity and torture allegedly arresting, torturing and killing committed by Syrian ofcials in opposition activists. The complaint Syria details torture, murder and rape the plaintifs sufered or witnessed while imprisoned by authorities Suspect between May 2011 and September Syrian nationals; high-ranking 2013. intelligence and military ofcials of Bashar al-Assad’s regime After being arrested (for activities such as attending peaceful anti-Assad protests or providing humanitarian Country of residence of aid), the victims were allegedly suspects severely tortured in 14 diferent Syria detention centers. Treatments included being suspended by their Charges wrists, subjected to electric shocks, having their fingernails pulled and War crimes, crimes against being beaten with sticks and plastic humanity and torture pipes.

Developments in 2019 On 13 November 2019, five Syrian torture survivors filed a criminal complaint in Norway against 17 named ofcials of the Syrian military and intelligence services. The complaint was filed in cooperation with the organizations European Center for Constitutional and Human Rights (ECCHR), the Syrian Center for Legal Studies and Research, the Syrian Center for Media and Freedom of Expression, the Caesar Files Group and the Norwegian Helsinki Committee.

66 Active personality WITNESS STATEMENTS General concluded that the UPHELD AS EVIDENCE allegations from the defense did AGAINST A RWANDAN not have sufcient grounds. REFUGEE On 27 September 2019, for Jean Chrysostome Budengeri unrelated reasons, Budengeri was released from pretrial detention Context on the condition that he reports to the police twice a week. Ongoing proceedings in Norway for crimes allegedly committed during Current status the 1994 genocide in Rwanda Under investigation Suspect Facts Dual Norwegian and Rwandan citizen Budengeri is suspected of having participated in the genocide Country of residence of against Tutsis in Rwanda 1994. suspect Procedure Norway Budengeri arrived in Norway as Charges a refugee through the United Nations Refugee Agency (UNHCR) Murder as part of a genocide in 2006. He became a Norwegian citizen in 2014. The investigation Developments in 2019 against him started in November 2017. Ofcers from the National Criminal Investigation Service – commonly On 5 June 2018, he was arrested known as Kripos – have travelled by Kripos on suspicion of having to Rwanda several times, including participated in the killing of a in 2019, to investigate the suspect’s large number of people, mainly alleged involvement in the 1994 Tutsi, during the 1994 Rwandan genocide. genocide.

In May 2019, Jean Chrysostome Budengeri’s defense lawyer requested an independent review of Kripos’ investigation by the Attorney-General. According to the defense, witness interviews and their translations were strewn with discrepancies, including incriminating statements that were not made by the witnesses. In November 2019 the Attorney

67 SPAIN

SALVADORAN COLONEL Facts MAINTAINED IN From 1980 to 1992, El Salvador DETENTION was divided by an internal Inocente Orlando Montano armed conflict between the Morales rebel Farabundo Martí National Liberation Front (FMLN) and the government, led by the Nationalist Context Republican Alliance (ARENA). In On 13 January 2009, Judge Eloy Ongoing proceedings for serious this context, on 16 November Velasco charged fourteen former crimes under international law 1989, six Jesuit a priests, their ofcers, including Colonel Ponce, committed in El Salvador during housekeeper and her 16-year- former head of the Armed Forces the 1980-1992 internal armed old daughter were killed at at the time of the murders, conflict the Pastoral Center of José General Rafael Humberto Larios, Simeón Cañas Central American former minister of defense, Colonel Juan Orlando Zepeda, Suspect University in San Salvador. former vice minister of defense, Military ofcer and Vice Minister of Following the ratification of the and Montano with murder, crimes Public Security (from 1 June 1989 Chapultepec Peace Accords against humanity and terrorism. to 2 March 1992) in El Salvador on 16 January 1992, a Truth Commission was established to On 30 May 2011, six new Country of residence of investigate crimes committed defendants were added to the suspect during the war, including the indictment, and international murder of the six Jesuits, their arrest warrants were issued on Spain housekeeper and her daughter. charges of terrorism and crimes The Truth Commission concluded against humanity. Charges that these crimes were ordered by Salvadoran ofcials and executed On 23 August 2011, US authorities Murder and terrorism by the Salvadoran armed forces. arrested Montano on charges of federal immigration fraud. He was indicted on 10 February 2012 Developments in 2019 Procedure for false declarations to the US On 19 November 2019, the Spanish On 13 November 2008, the authorities regarding the date of National Court extended Inocente Spanish Association for Human his entry into the territory and his Orlando Montano Morales’s Rights and the Center for military training in El Salvador. preventive detention status for Justice and Accountability filed On September 2012, he pleaded two additional years. Therefore, a complaint before the Spanish guilty, acknowledging he had he will remain in prison until his National Court against former given false statements. His trial trial begins. Salvadoran President Alfredo took place in August 2013 and he Cristiani Burkard and fourteen was sentenced to 21 months in Current status former military ofcers and prison on 27 August 2013. soldiers, including Montano. Extradited and detained in Spain

68 On 23 July 2014, the Criminal On 12 July 2018, the Criminal Chamber of the Spanish National Chamber of the Spanish National Court submitted a supplemental Court partially upheld the appeal brief to the US authorities in filed by the accused, eliminating support of a pending request for from the indictment the alleged extradition issued on 4 November crime against humanity that the 2011. In this request, Spain urged investigative judge had excluded the US authorities to allow the from the procedure in 2014. The extradition of Montano from the indictment only referred to the US to Spain to face trial for the eight murders committed with murder of the six Jesuits, their a terrorist intent. Montano is housekeeper and her daughter, currently detained in pre-trial committed in El Salvador on 16 detention before his trial. November 1989.

On 5 January 2016, a judge from the Eastern District Court of North Carolina granted the request to extradite Montano to Spain. On 1 April 2016, Montano’s lawyers filed a petition for a writ of habeas corpus to reverse the extradition order.

On 21 August 2017, the US Eastern District Court of North Carolina dismissed Montano’s petition for a writ of habeas corpus, finding no irregularity in the extradition proceedings and no basis upon which the petitioner’s request for release could be granted.

On 15 November 2017, the Supreme Court dismissed Montano’s last request to halt his extradition to Spain. On 29 November 2017, Montano was extradited to Spain and placed in police custody. He is accused of actively participating in planning the murder of the six Jesuits.

69 SYRIAN INTELLIGENCE Guernica 37 International Justice Procedure Chambers, deciding that Spanish CASE DEFINITIVELY On 1 February 2017, Amal Hag Courts lacked jurisdiction over CLOSED Hamdo Anfalis filed a complaint the crimes and adopting a narrow with the Spanish National Court Ali Mamluk and others interpretation of the concept of against nine high-level military victim. and government ofcials of the Context Syrian Arab Republic for alleged This decision was appealed acts of terrorism and enforced Closed proceedings for alleged before the Constitutional Court on disappearance committed against international crimes committed in 30 April 2019. The Court could not her brother, Alhaj Hamdo. in Syria since 2011 find any prima facie infringement of the victim’s fundamental rights On 27 March 2017, Judge Eloy and, consequently, dismissed the Suspects Velasco Núñez declared the appeal. Nine high-level Syrian members complaint admissible and opened of the security and intelligence an investigation. Judge Velasco forces: Ali Mamluk, Director of Current status requested that Eurojust ascertain the National Security Bureau; Closed; recourse to the Spanish whether there were other Jamil Hassan, head of the Syrian Supreme Court and to the countries of the European Union Air Force Intelligence; Abdul- Constitutional Court were rejected investigating international crimes Fattah Qudsiyeh, Deputy Director committed by the administration of the National Security Bureau; of the Syrian Arab Republic. He Mohammad Dib Zeitun, Director Facts also ordered that testimonies of the General Intelligence On 17 February 2013, Abdulmuemen be obtained from the victim, Directorate; Faruq Al-Sharaa, Alhaj Hamdo, a Syrian national witnesses and expert witnesses, former Vice President; Mohamed born in Idleb, disappeared while and that rogatory letters be sent. Said Bekheitan, Deputy Head of the covering his daily delivery shift as a On 30 March 2017, the Spanish ruling Baath Party; Mohammad professional transporter between the public prosecutor appealed this Al-Hajj Ali, Major General; General municipality of Mashta el Helou and decision. Jalal Al-Hayek; Colonel Suleiman the city of Homs in western Syria. Al-Yusuf; and another high-level On 27 July 2017, the Spanish ofcial of the Syrian government In 2015, Abdulmuemen Alhaj National Court dismissed the case Hamdo’s eldest son recognized after the public prosecutor argued it lacked jurisdiction to judge the Country of residence of the body of his father in several crimes committed. The law firm suspects photographs taken by a forensic photographer codenamed Caesar, Guernica 37 International Justice Unknown who deserted from the Syrian Chambers appealed the decision army. Caesar made public over before the Appeals Chamber of Charges 50’000 photographs depicting the Spanish National Court. On 15 various crimes committed in December 2017, the appeal was Terrorism, enforced disappearances detention centers of the Syrian rejected. and torture government since 2013.

Developments in 2019 On 13 March 2019, the Spanish Supreme Court dismissed the appeal lodged by the law firm

70 In February 2018, Guernica 37 International Justice Chambers requested the Spanish Supreme Court to admit its complaint and to order the reopening of the investigation. They also asked the Constitutional Court to examine the constitutionality of the current law on universal jurisdiction in Spain.

In parallel, Guernica 37 International Justice Chambers seized the Court of Justice of the EU to determine if the current definition of a victim under Spanish legislation is in accordance with European regulations, and if the European directives equate the concepts of direct and indirect victim in order to hold legitimacy to exercise jurisdiction and give competence to the Spanish courts.

71 SWEDEN

FIRST CASE OPENED Facts IN THE KARAJ PRISON During the war between Iraq and MASSACRE IN IRAN Iran, Iran’s Leader, Rouhollah Hamid Noury Khomeini issued an order to execute all prisoners who were supporting the People’s Mojahedin Context Organization of Iran (PMOI), an Ongoing proceedings in Sweden outlawed opposition group, as well for alleged war crimes committed as leftist prisoners. Prisoners at in Iran in 1988 the Karaj prison, close to Tehran, were brought before so-called “death commissions” that ordered Suspect their arbitrary execution. The Iranian lawyer, alleged former number of victims is aunknown but assistant prosecutor in Iran estimated to be over 5’000. Many of those killed were subjected to Country of residence of torture and other cruel, inhuman suspect and degrading treatment or punishment. Iran, traveled to Sweden Noury is alleged to have participated Charges in the murder and torture of prisoners from the Karaj prison War crimes of abetting the during the summer of 1988. execution of political prisoners

Developments in 2019 Hamid Noury was arrested on 9 November 2019 while traveling for personal reasons in Sweden. On 13 November, the Court allowed his pre-trial detention for a month while the investigation is ongoing.

On 11 December 2019, his detention was renewed until 20 January 2020.

Current status Under investigation; pretrial detention

72 TORTURE SURVIVORS Human Rights (ECCHR), Syrian During their detention, the victims REPORT THE CRIMES lawyers Anwar al-Bunni (of the were severely tortured, including OF AT LEAST 25 Syrian Center for Legal Studies being subjected to beatings with and Research) and Mazen Darwish sticks, cables and plastic pipes, SYRIAN INTELLIGENCE (of the Syrian Center for Media kicks to head and genitals, electric OFFICIALS and Freedom of Expression), shocks, sleep deprivation and Names withheld the Caesar Files Group and sexual abuse. They also witnessed the Swedish organization Civil the torture and killings of other Rights Defenders. All nine torture detainees. Context survivors testified before the Ongoing proceedings for war Swedish police. crimes, crimes against humanity and torture allegedly committed Current status by Syrian ofcials in Syria Preliminary examination Suspects Facts Syrian nationals; 25 known and several other unknown high-level Since the beginning of the Syrian ofcials of the Syrian security civil war in 2011, Syrian military services and intelligence services have reportedly been systematically arresting, torturing and killing Country of residence of opposition activists. The complaint suspects details instances of murder, severe Syria torture, detention in inhuman conditions, sexual violence and Charges other inhumane treatment that the complainants sufered or War crimes, crimes against witnessed while imprisoned by humanity, torture and degrading government authorities between treatment, rape, severe bodily February 2011 and June 2015. injury and illegal abduction After being arrested for activities Developments in 2019 such as attending peaceful anti- Assad protests or providing On 20 February 2019, nine Syrian humanitarian aid, the victims torture survivors filed a criminal were imprisoned in 17 diferent complaint with the War Crimes detention facilities of the Syrian Unit of the Swedish Police. The intelligence services, namely the complaint details crimes allegedly Military Intelligence, Air Force committed by 25 known and Intelligence, General Intelligence other unknown high-level Syrian Directorate, as well as in Saydnaya security ofcials, including heads Military Prison and a detention of the four Syrian intelligence facility of the fourth Division of the services. The complaint was filed Syrian Armed Forces. in cooperation with the European Center for Constitutional and

73 CASE COMPLETED FOR Current status FOLLOW UP ON OTHER IRAQI SOLDIER POSTING Convicted CASES PICTURES OF DEAD ISIS FIGHTERS ▪ Lundin Petroleum - Facts Alex Schneiter and others: Kurda Bahaalddin H. Saeed was a soldier in the Iraqi pending trial Saeed H. Saeed army and fought the Islamic (see UJAR 2019, p. 64) State (ISIS) in Kirkuk, northern Context Iraq, in 2015. Between February and March 2015, he took several Completed proceedings in Sweden photographs and videos of himself for war crimes committed in Iraq posing with the bodies of enemy in 2015 fighters, some of whom had been mutilated. Suspect Iraqi national Procedure In March 2018, the Swedish Country of residence of police arrested Saeed for posting suspect pictures and videos of dead ISIS Sweden fighters on Facebook. Since he had a wife and two children in Sweden, the flight risk was Charges considered to be minimal and he War crimes was released on bail the next day.

Developments in 2019 The trial of Kurda Bahaalddin H. Saeed H. Saeed before the Orebro District Court began on 29 January 2019. On 19 February 2019, the court found Saeed guilty of four counts of the war crime of subjecting protected persons to humiliating or degrading treatment. The court found that the pictures and videos of dead ISIS fighters he had posted on Facebook “were intended to seriously violate personal integrity”. He was sentenced to 15-months’ imprisonment.

74 SWITZERLAND

PREVENTIVE DETENTION RENEWED FOR THE FORMER GAMBIAN MINISTER OF INTERIOR Ousman Sonko

Context name has been mentioned several Gambian victims filed additional times in relation to human rights complaints. Six of them, along with Ongoing proceedings against violations committed during the several witnesses, were heard by former Gambian Minister of Jammeh regime, such as unlawful the Attorney General. Interior under the Yahya Jammeh a interrogations, torture and killing regime for alleged serious crimes of one soldier. On 9 October 2017, the Swiss under international law Federal Supreme Court confirmed Current status the seizure of Sonko’s assets, Suspect worth approximately USD 15’000. Detained pending trial Former Inspector General of His detention was extended the Police (2005 to 2006) then several times in 2017 and Minister of Interior (2006 to 2016) Facts 2018 to allow the Ofce of the Attorney General to conduct the The Gambia was under the control investigation. Country of residence of of Jammeh from 1994 to 2016. suspect For more than two decades, all opposition was repressed: Switzerland torture, extrajudicial executions and enforced disappearances Charges were widespread. After Jammeh’s Crimes against humanity and re-election in September 2006, torture Sonko was appointed Minister of Interior. He held this position until September 2016, when he was Developments in 2019 dismissed from ofce and left The Ousman Sonko’s detention was Gambia. renewed on 4 February 2019. On 25 July 2019, his detention Procedure was renewed until 25 January 2020. Throughout the year, more Alerted of Sonko’s presence on witnesses were heard and the Swiss territory, TRIAL International Swiss federal criminal police lodged a criminal complaint before produced a report to support the prosecuting authorities in the extension of the accused’s Bern on 25 January 2017. The detention. former Gambian Minister was arrested the following day at the Since 2019 and the beginning of immigration center of Lyss (canton hearings before The Gambia’s of Bern), where he had applied Truth, Reconciliation and for asylum. He was charged with Reparations Commission, Sonko’s crimes against humanity. Nine

75 THREE ONGOING The charges include organized The estimated number of civilian PROCEDURES AGAINST gang laundering, aggravated tax casualties ranges from 10’000 to THE UNCLE OF BASHAR evasion and misappropriation of 40’000, depending on the sources. AL-ASSAD Syrian public funds between 1984 and 2016. Procedure Rifaat al-Assad In Spain, an indictment has been In December 2013, after being issued by a judge on similar grounds. informed that Rifaat al-Assad was Context present in Switzerland, TRIAL Ongoing proceedings in Switzerland International filed a criminal Current status against the former Vice President denunciation with the Ofce of the and head of the Defense Brigades Under investigation by the Ofce of Attorney General of Switzerland in Syria for alleged war crimes the Attorney General of Switzerland regarding the massacre in Hama committed in Hama in 1982 for war crimes and by the Spanish in 1982. A criminal investigation criminal authorities for financial for war crimes was opened a few Suspect ofenses. On trial in France for days later against Rifaat al-Assad. financial crimes. In August 2014, a first private Brother of the former Syrian claimant joined the proceedings. President Hafez al-Assad and Facts uncle of the current President In September 2015, Rifaat al- Bashar al-Assad; former head of On 27 June 1980, the Defense Assad returned to Geneva. TRIAL the Defense Brigades, Syria’s elite Brigades, commanded by Rifaat International and the private commando troops, from 1971 to al-Assad, attacked the Tadmor claimant asked the Swiss authorities 1984 prison (Syria) murdering hundreds to arrest him. After the Ofce of the of inmates related or suspected Attorney General refused to proceed Country of residence of of being related to the Muslim with his arrest, the victim filed a suspect Brotherhood. This attack followed motion for provisional measures the attempted assassination of before the Federal Criminal Court. Various former President Hafez al-Assad Two days later, the Ofce of the the day before. As the hierarchical Attorney General was ordered to Charges superior of this armed force, hear Rifaat al-Assad without delay. In Rifaat al-Assad is suspected of 2016, three other private claimants War crimes allegedly committed having a responsibility in this joined the criminal proceedings. in Hama in 1982 massacre. In 2017, TRIAL International filed Developments in 2019 Rifaat al-Assad, as the commander a complementary denunciation of the Defense Brigades, is also regarding the Tadmor massacre The investigation is ongoing in suspected of having participated as well as various ofers of proof. Switzerland. in the massacre of several It was later dismissed. thousand people in Hama in 1982 A procedure is ongoing in France during the civil war in Syria. In On 25 September 2017, four as well but on diferent grounds. February 1982, opponents of the years after the ofcial opening On 9 December 2019, his trial regime took up arms in Hama. of the investigation, one of the opened in Paris. He is suspected As retaliation, the Syrian armed private claimants filed a petition of having embezzled Syrian public forces, including the Defense alleging a denial of justice. The money, money then laundered Brigades, attacked the city. The Federal Criminal Court dismissed via numerous front companies civilian population was trapped it, considering that the extensive before being invested in stone. in Hama for almost a month.

76 delay could notably be explained by the complexity of the case.

In August 2018, a letter to Switzerland signed by the United Nations Special Rapporteurs on torture and on the independence of judges and lawyers was published by the UN. It heavily criticized Switzerland for an alleged lack of independence and political interference notably concerning the case against Rifaat al-Assad. In six years of proceedings, four witnesses and two private claimants have been heard.

77 ALGERIAN MINISTER’S Current status be invoked for international crimes. In early January 2017, the Ofce PROSECUTION DRAGS Investigation ongoing ON DESPITE UNITED of the Attorney General dismissed the case, considering that the NATIONS WARNING Facts alleged acts committed by the Khaled Nezzar From 14 January 1992 to 31 former Minister of Defense could January 1994, as Minister of not be considered as war crimes, Context Defense and member of the on the grounds that there was HCS, Nezzar allegedly incited, no war in Algeria when the acts Ongoing proceedings against authorized and ordered military allegedly occurred. On 18 January the former Algerian Minister of and public agents to commit acts 2017, the plaintifs appealed Defense for alleged war crimes of torture, murders, extrajudicial the decision before the Federal committed in Algeria between killings, enforced disappearances Criminal Court. 1992 and 1994 and other grave violations of international humanitarian law. On 30 May 2018, the Federal Suspect The “dirty war”, which ended Criminal Court overturned the decision of the Ofce of the General in the Algerian army, in 2000, caused the death of approximately 200’000 persons Attorney General. The Court Minister of Defense in Algeria recognized the existence of a from 1990 to 1994, and Member and the disappearance of some 20’000 others. non-international armed conflict of the High Council of State (HCS) in Algeria in the early 1990s and from 1992 to 1994 found that there was no doubt Procedure that Nezzar was aware of the Country of residence of Three torture victims filed a first acts committed under his order. suspect complaint against Nezzar in Therefore, the court concluded that the Ofce of the Attorney Spain France in 2001, but the suspect left the country before judicial General should complete its action could be initiated. In investigation on war crimes, and Charges October 2011, TRIAL International determine whether Nezzar could also be charged with crimes War crimes of torture, filed a denunciation as Nezzar was against humanity, torture and extrajudicial killings and travelling to Geneva. Two victims murder. enforced disappearances; other of torture joined the procedure grave breaches of international in 2011 by filing a criminal In August 2018, a letter to humanitarian law complaint. Three more victims later added their own complaint. Switzerland by the United Nations Special Rapporteurs on torture and Developments in 2019 Nezzar was arrested in October on the independence of judges and The investigation is ongoing in 2011 and interviewed by the Swiss lawyers was made public. It heavily Switzerland. In 2019, one witness Ofce of the Attorney General. criticized Switzerland for an was heard by the Ofce of the Before being allowed to leave the alleged lack of independence and Attorney General. country, his lawyers challenged political interference, mentioning the jurisdiction of the Ofce of the explicitly the case against Nezzar. In Algeria, Khaled Nezzar was Attorney General, in particular on tried in absentia along with the grounds that he would benefit In eight years of proceedings, other former regime members from immunity from jurisdiction. In four private claimants and 13 and sentenced to 20 years a 25 July 2012 decision, Nezzar’s witnesses have been heard by the of imprisonment for acts of appeal was rejected: the Federal Ofce of the Attorney General. conspiracy against the authority Criminal Court notably considered of the State. He is currently on the that functional immunities cannot run abroad.

78 REBEL COMMANDER Current status SENT TO TRIAL FOR Awaiting trial; in custody Zoom in WAR CRIMES A first for both Liberia and Alieu Kosiah Facts Switzerland During the first Liberian civil war, Kosiah is the first person to Context the accused joined the ULIMO, be tried for war crimes in a which gathered supporters of Ongoing investigation for serious non-military criminal court in former President Samuel Doe. The crimes under international law Switzerland, and is the first ULIMO carried out attacks against allegedly committed during the ULIMO member to be indicted Charles Taylor’s National Patriotic first Liberian civil war (1989- for crimes committed during Front of Liberia (NPLF). 1996) the first Liberian civil war.

Kosiah is accused of having ordered “This is a historical case for Suspect or participated in the murder of both Liberia and Switzerland” civilians and soldiers hors de combat, Former rebel commander of the stated Alain Werner, Director desecrated the corpse of a civilian, United Liberation Movement of of Civitas Maxima. He is one of raped a civilian, ordered the cruel Liberia for Democracy (ULIMO) the two lawyers representing treatment of civilians, recruited and four of the seven plaintifs who employed a child soldier, ordered will testify in the trial. Country of residence of several pillages and ordered and/or suspect participated in forced transports of Switzerland goods and ammunition by civilians. The accused allegedly committed these crimes between March 1993 Charges and the end of 1995 as commander War crimes including systematic of the ULIMO. killings and targeting civilians Procedure Developments in 2019 In July and August 2014, seven On 22 March 2019, the Ofce of the Liberian victims, assisted by the NGO Attorney General of Switzerland Civitas Maximas, filed a complaint in presented an indictment against Switzerland against Kosiah for his Alieu Kosiah to the Federal Criminal alleged participation in war crimes Court. The suspect is accused of and systematic killings committed violations of the laws of war as a between 1993 and 1995 in Lofa member of a military faction in the County in northwestern Liberia. An 1989-1996 Liberian war. investigation for war crimes was opened in August 2014. On 31 October 2019, the Swiss Federal Criminal Court set On 10 November 2014, Kosiah Kosiah’s trial from 14 to 30 April was arrested in Switzerland. On 2020 in Bellinzona (canton of 13 November 2014, a Swiss judge Ticino). On 25 November 2019, decided to hold him in pre-trial the Federal Criminal Court detention. The plaintifs as well dismissed a complaint accusing as several witnesses from Liberia him of participation in a massacre came to Switzerland to be heard by committed by the ULIMO. He is still the prosecutor. Kosiah remains in detained awaiting his trial for other pre-trial detention. war crimes. 79 Active personality CONVICTION OF carried out by the police. Sperisen’s trial opened on 15 May THE HEAD OF THE Sperisen announced his intention 2014 in Geneva. He was convicted GUATEMALAN POLICE to seize the European Court of on 6 June 2014 and sentenced to Human Rights. life imprisonment for the crimes CONFIRMED he committed in the Pavón prison, Erwin Sperisen Current status but he was acquitted for his alleged involvement in the Gavilan Conviction confirmed by the Swiss Plan. Context Federal Court Ongoing proceedings for serious Sperisen appealed the conviction crimes under international law Facts and his appeal trial took place allegedly committed in from 4 to 8 May 2015 before the in 2005 and 2006 In October 2005, 19 prisoners Criminal Chamber of the Geneva escaped from El Infiernito, a high Court of Appeal. On 12 May 2015, security prison in Guatemala City. Suspect the Criminal Chamber upheld the Sperisen allegedly set up a plan life imprisonment sentence. In Head of the National Civilian Police aimed at finding and executing addition to the seven extrajudicial (NCP) of Guatemala from 2004 to the escaped prisoners; this was executions for which Sperisen 2007; dual Swiss and Guatemalan known as the Gavilan Plan. Nine was found guilty in the first citizen prisoners were captured and instance, he was condemned three executed as a result. as jointly responsible for the Country of residence of murder of three fugitives from suspect In September 2006, Sperisen, the Infiernito prison, though not along with 3’000 NCP ofcers and as a direct perpetrator. Arguing Switzerland members of the army, intervened that his right to a fair trial had in the Pavón prison, a high security been violated, Sperisen lodged an Charges prison controlled by prisoners, appeal against the conviction. to restore State authority. This Extrajudicial executions in 2005 intervention ended in the arrest On 29 June 2017, the Swiss Federal (the killing of three inmates from and the extrajudicial execution of Court overturned the judgment the Infiernito prison) and in 2006 seven prisoners. of the Criminal Chamber of the (the killing of seven inmates at the Geneva Court of Appeal and ordered Pavón prison), both in Guatemala Procedure Sperisen’s retrial. The Federal judges recognized the existence of In 2008, several Swiss organizations Developments in 2019 extrajudicial executions committed led by TRIAL International filed a by a commando composed of On 28 November 2019, the Swiss criminal complaint against Sperisen police forces. Yet they considered Federal Court confirmed the with the Ofce of the Prosecutor that Sperisen should have been conviction of Erwin Sperisen and in Geneva, after discovering that confronted with several witnesses. his sentence to 15 years in prison. he was living in Switzerland. He The Court confirmed his complicity was arrested on 31 August 2012 in the killing of seven detainees in Geneva. In March 2013, the during the repression of a mutiny mother of one of the victims filed a at Pavón prison in September complaint and joined the criminal 2006. The court ruled that as Head proceedings. Fourteen witnesses of the NCP and given his presence travelled from Spain, France and there, Sperisen could not have Guatemala to be heard by the Swiss ignored the details of the operation authorities.

80 On 20 September 2017, the Swiss Federal Court allowed Sperisen’s release pending his retrial. On 25 September 2017, he was released and placed under house arrest.

Sperisen’s new trial took place in April 2018 in Geneva. The public prosecutor requested a life sentence for Sperisen’s participation in the 2006 killing of seven detainees in the Pavón prison. In the alternative, the prosecutor requested a 15-year sentence for Sperisen’s alleged complicity in these murders. The defense pleaded for his acquittal.

On 27 April 2018, Sperisen was sentenced to a 15-year sentence for his complicity in the 2006 murders. He appealed the judgment to the Swiss Federal Court.

81 Active personality SWISS BUSINESSMAN mining concession by RCD-Goma, UNDER CRIMINAL including guarantees of protection INVESTIGATION FOR by soldiers of the armed group. PILLAGE IN DRC In a 2009 United Nations investigation, Christoph Huber Huber was accused of being involved in the large-scale transport of coltan Context out of DRC and Rwanda when RCD- Goma occupied much of Eastern Ongoing proceedings regarding Congo during the war. illegal trade of minerals in the Democratic Republic of the Congo Procedure (DRC) TRIAL International and the Open Suspect Society Justice Initiative (OSJI) have investigated the case since Christoph Huber, Swiss national, 2013. The two organizations filed a businessman in the mining sector criminal denunciation in November 2016 against Huber for his alleged Country of residence of involvement in the alleged illegal suspect trade of minerals in DRC during the Second Congo War, constituting South Africa the war crime of pillage. The Ofce of the Attorney General opened Charges a criminal investigation in March 2018. The case was made public in War crime of pillage 2019.

Developments in 2019 The investigation is ongoing

Current status Investigation ongoing

Facts Christoph Huber allegedly dealt natural resources with the Rassemblement Congolais pour la Démocratie-Goma (Rally for Congolese Democracy–Goma, or RCD-Goma), a Rwanda-backed violent armed group controlling a large portion of Eastern Congo during the Second Congo War (1998-2003). In 2001, the company he represented was granted a

82 UNITED KINGDOM

DISMISSAL OF TORTURE were held before the Supreme CHARGES AGAINST Court on 24 and 25 June 2019. The CHARLES TAYLOR’S Supreme Court issued its decision on 13 November 2019, quashing EX-WIFE the Court of Appeal’s decision, and Agnes Reeves Taylor sending back the application for dismissal to the Central Criminal Context Court judge for reevaluation in light of the Supreme Court’s decision. Completed proceedings for torture allegedly committed The Supreme Court on 13 during the first Liberian civil war November 2019 defined a ”person “functions normally exercised by (1989-1996). The Agnes Reeves acting in an ofcial capacity” as governments over their civilian Taylor case is the fourth arrest by including “a person who acts or populations”. Accordingly, the a Western country of a suspect of purports to act, otherwise than in actions of Agnes Reeves Taylor did war crimes allegedly committed a private and individual capacity, not fall under section 134 of the UK during the first Liberian war. for or on behalf of an organisation Criminal Justice Act 1988. Liberia’s former President, or body which exercises, in Charles Taylor, was sentenced the territory controlled by that Current status on 30 May 2012 by the Special organisation or body and in which Court for Sierra Leone to 50 the relevant conduct occurs, Case dismissed years’ imprisonment (confirmed functions normally exercised by on appeal on 26 September 2013), governments over their civilian Facts for crimes he committed during populations […] whether acting in the Sierra Leone civil war in the peace time or in a situation of armed Agnes Reeves Taylor, who was 1990s conflict.” The majority judgment then married to Charles Taylor, emphasized that for the purposes was alleged to have been one of the founders of the NPFL and to Suspect of section 134, the exercise of a governmental function must be have held high rank in the NPFL Ex-wife of former Liberian distinguished from purely military at the material time. She was President Charles Taylor activity that does not involve the accused of having ordered and exercise of ofcial or quasi-ofcial carried out torture in Gbarnga, the Country of residence of powers, but noted that it would site of the headquarters of Charles suspect be necessary to make allowance Taylor’s NPFL; and in Gborplay, for the particular conditions between 23 December 1989 and United Kingdom which may make administration 1 January 1991, during the first difcult and for diferent views Liberian civil war. According to the Charges of appropriate structures of indictment, she ordered soldiers government. to rape seven women as well as Torture and conspiracy to commit ordered the beating of a 13-year torture On 6 December 2019, the Central old boy. Criminal Court judge dismissed Developments in 2019 all charges against Agnes Reeves Hearings in Agnes Reeves Taylor’s Taylor. Applying the test set out by appeal regarding the interpretation the Supreme Court majority, he of “person acting in an ofcial held that, at the time of each alleged capacity” under section 134 of ofense, the National Patriotic Front the UK Criminal Justice Act 1988 of Liberia (NPFL) did not exercise

83 Procedure Agnes Reeves Taylor appealed this ruling to the Court of Appeal, On 1 June 2017, Agnes Reeves Zoom in which dismissed the appeal on Taylor was arrested at her 21 December 2018. The Court of Defining “a person acting in residence in East by the Appeal ruled that the category of an ofcial capacity” Metropolitan Police, based on perpetrator defined as “a public information provided by the NGOs ofcial or person acting in an The prosecutor argued that Civitas Maxima and its Liberian ofcial capacity” in section 134 as a senior member of the sister organization, the Global of the 1988 Act is not confined NPFL, which exercised de facto Justice and Research Project. On to those acting on behalf of a control over the territories 2 June 2017, she was charged recognized State but “covers any where the ofenses were with one count of conspiracy person who acts otherwise than in committed, Agnes Reeves to commit torture and seven a private and individual capacity Taylor was acting in an ofcial counts of torture under the UK for or on behalf of an organisation capacity at the time of the Criminal Justice Act 1988. On 11 or body which exercises or commission of the ofenses. August 2017, the Westminster purports to exercise the functions Magistrates’ Court rejected her of government over the civilian The defense submitted that request for provisional release on population in the territory which it at no time did Agnes Reeves bail. controls and in which the relevant Taylor act in an ofcial capacity conduct occurs”. for the NPFL. It argued that Agnes Reeves Taylor made an the NPFL was not the de facto application to the Central Criminal The Supreme Court granted government at the relevant Court to dismiss the charges permission on 13 February 2019 time in the relevant locations. against her. The parties agreed for Agnes Reeves Taylor to file a that the judge should first decide further appeal (see Zoom in). on the correct legal interpretation of the term “person acting in an ofcial capacity” under the UK Criminal Justice Act 1988 before ruling on the issue of dismissal. On 30 July 2018, the judge ruled that the term applies “not only to acting for entities either tolerated by, or acting under the authority of the government of a state, but also, in situations of armed conflict, to individuals who act in a non-private capacity and as part of an authority-wielding entity”.

84 GENOCIDE INVESTIGATION Developments in 2019 arrested previously in 2006 OPENED BY THE The five suspects are being following an earlier extradition METROPOLITAN POLICE investigated over their alleged request by Rwanda. They were involvement in the 1994 genocide. later released following the UK Vincent Bajinya, courts’ refusal to extradite due to Célestin Ugirashebuja, On 9 April 2019, British police forces announced that the concerns about their right to a fair Charles Munyaneza, trial in Rwanda. Emmanuel Nteziryayo and allegations against the suspects Célestin Mutabaruka were being actively investigated. The UK Minister of State for On 22 December 2015, a British Security and Economic Crime court declined to order extradition Context announced that ofcers had been in response to the new request. The decision regarding the first Ongoing investigations against five sent to Rwanda to investigate on four suspects was founded on suspects for crimes committed the ground. the conclusion that there was a during the 1994 genocide in Rwanda real risk of an unfair trial if they Current status were extradited, such that there Suspects Investigation ongoing would be a breach of Article Vincent Bajinya (also known 6 of the European Convention on Human Rights. The decision as Vincent Brown), allegedly Facts a close associate of Rwandan regarding Mutabaruka was that President Juvénal Habyarimana; Vincent Bajinya is alleged to his extradition was barred by the Célestin Ugirashebuja, allegedly have established and supervised rule against double jeopardy. mayor of Kigoma commune in checkpoints in Kigali and near the Gitamara province, and a the Kibihekane School in North- An appeal took place before the longstanding member of the West Rwanda, where killings High Court. On 28 July 2017 the National Revolutionary Movement took place. Charles Munyaneza Court upheld the first instance for Democracy and Development; is alleged to have encouraged decision. It ruled that if extradited, Charles Munyaneza, allegedly others to kill Tutsis, organized the suspects would be at risk of mayor of Kinyamakara commune in roadblocks and led several a flagrant denial of the right to the Gikongoro province; Emmanuel attacks in Ruhashya, which killed a fair trial. It also found that the Nteziryayo, allegedly mayor of thousands. Emmanuel Nteziryayo of Mutabaruka and Mudasomwa commune in the and Celestin Ugirashebuja are Nteziryayo were barred by the Gikongoro province; and Célestin alleged to have ordered the killing rule against double jeopardy. Mutabaruka, allegedly a local of Tutsis and provided weapons politician in the Gikongoro province to do so. Celestin Mutabaruka In January 2018, Rwandan is alleged to have led attacks Prosecutor General Jean Bosco in Gatare and on Muyira Hill in Mutangana and Prosecutor Jean Country of residence of Bisesero, which are reported to Bosco Siboyintore, Head of the suspects have killed tens of thousands. Genocide Suspects Tracking Unit, United Kingdom traveled to London to request the UK to open an investigation against Procedure the five suspects. They recalled Charges On 29 May 2013, following the obligation of the UK, if it was Genocide, complicity in genocide, extradition requests by the unwilling to extradite the suspects, crimes against humanity and Rwandan authorities, the UK to try them in its own courts. The conspiracy to murder police arrested the five suspects. Metropolitan Police has since Four of the suspects had been commenced an investigation.

85 UNITED STATES OF AMERICA

CIVIL CASES TAKE OVER Wickrematunge v. Rajapaksa CRIMINAL PROCEEDINGS In April 2019, the Center for Justice In the United States, suspects and Accountability (CJA) filed a of international crimes who lawsuit in federal court in California are found in the country can be against Gotabaya Rajapaksa, subject to civil suit for violations Sri Lanka’s former Secretary of of international law committed Defense and brother of former in his capacity as the Secretary of outside of the US, based on President Mahinda Rajapaksa, Defense. The plaintif’s opposition several diferent federal statutes: for his alleged involvement argued that human rights in the killing of journalist cases against the Rajapaksa The Alien Tort Statute (ATS) Lasantha Wickrematunge and administration could not proceed gives US federal courts jurisdiction the widespread a and systematic in Sri Lanka without facing judicial to hear lawsuits filed by non-US targeting of journalists. interference, delay and danger to citizens for torts committed in litigants and witnesses. Moreover, violation of international law where The Rajapaksas oversaw the final the plaintif argued that common the claims sufciently touch and years of a decades-long civil war law immunity should not attach concern the territory of the US. between the government of Sri because the assassination of a Over the past 30 years, the ATS has Lanka and the Liberation Tigers journalist cannot be considered been used successfully in cases of Tamil Eelam (LTTE). The final an ofcial act of State, and involving torture, State-sponsored phase of the war was marked by because the government of Sri sexual violence, extrajudicial gross human rights abuses and Lanka never sought immunity on killings, crimes against humanity, serious violations of international Gotabaya Rajapaksa’s behalf and war crimes and arbitrary detention. law, with a United Nations Panel of treated the attack as a crime. Experts finding evidence of crimes The Torture Victim Protection committed by both the Sri Lankan In October 2019, the lower court Act (TVPA) allows US citizens and forces and the LTTE. During this dismissed the complaint, finding non-citizens alike to bring civil period, journalists perceived that Gotabaya Rajapaksa was claims for torture and extrajudicial to be critical of the war efort entitled to common law foreign killing committed by foreign State or the Rajapaksa government ofcial immunity for the alleged actors. found themselves the targets acts – torture, of harassment and violence. and crimes against humanity – The Foreign Sovereign Immunities Although the government denied because they were performed Act and the Anti-Terrorism Act playing a role in the abductions, while the defendant was Secretary also permit civil claims against assaults and killings of journalists, of Defense. A notice of appeal perpetrators of mass atrocity many attacks were traced back to was filed in early November under limited circumstances. government security forces under 2019, shortly before Gotabaya Gotabaya Rajapaksa’s Ministry of Rajapaksa was elected President These civil cases not only ofer Defense. of Sri Lanka. The case is currently survivors an opportunity to face pending before the Ninth Circuit their abusers in a court of law, but In August 2019, Gotabaya Court of Appeals. can also pave the way for criminal Rajapaksa sought to dismiss proceedings. Below are some the complaint, raising several cases with notable developments defenses, including that Sri Lanka from this past year. was a more convenient forum for the case and that he enjoyed common law immunity because all the alleged conduct was done

86 Mamani et al. v. Sánchez de Farhan Warfaa v. Yusuf Abdi notorious paramilitary groups Lozada and Sánchez Berzaín “Tukeh” Ali in Colombia, the Bloque Central Bolívar. He allegedly commanded In 2007, the Center for Constitutional In 2004, CJA brought a lawsuit in the military units responsible for Rights, Harvard Law School’s a federal court in Virginia under carrying out systematic attacks on International Human Rights Clinic, the ATS and TVPA against a high- human rights defenders attempting and two pro bono law firms filed a ranking Somali commander, to develop peaceful alternatives to lawsuit on behalf of nine Aymara Colonel Yusuf Abdi Ali, also known the drug trade. Alma Rosa Jaramillo, indigenous Bolivians in a federal as “Tukeh”, for his alleged role in a human rights lawyer, and Estrada, court in Florida under the ATS and torture and attempted extrajudicial a community activist, were among TVPA against the former President killing perpetrated in northern the leaders killed by Macaco’s forces. of Bolivia, Gonzalo Sánchez de Somalia in the 1980s under the Although their families pursued Lozada, and the former Minister of Siad Barre regime. Tukeh is Macaco through the transitional Defense, Carlos Sánchez Berzaín. alleged to have ordered public justice process in Colombia, their mass executions and participated hopes for redress abruptly ended The claims arose from a brutal in the persecution of the Isaaq when Macaco was extradited to the crackdown by the Bolivian military ethnic group. The case against United States to face prosecution during a period of civil unrest in Tukeh was brought on behalf of for narcotics trafcking, where September and October 2003, an Isaaq Somali torture survivor, he was convicted and sentenced during which over 50 civilians Farhan Warfaa, who alleged that to 33 years in prison. In June were killed and hundreds more Tukeh and his troops tortured him 2010, CJA filed a civil suit under were injured. The Aymara plaintifs before he was shot five times at the ATS and TVPA in a federal sought to hold these two ofcials point blank range and left for dead. court in Florida against Macaco responsible for their alleged role for torture, extrajudicial killing, in planning and organizing the On May 21, 2019, following a three- crimes against humanity and mass killings that resulted in the day trial and nearly 15 years of pre- war crimes. The Jaramillo family death of their family members. trial litigation, a jury issued a verdict claims were dismissed in 2015, finding Tukeh liable for the torture though the Estrada family claims In April 2018, a federal jury found only of Farhan Warfaa, and awarded have been allowed to proceed. In Sánchez de Lozada and Sánchez him USD 500’000 in damages. The July 2019, Macaco was granted Berzaín responsible for their jury did not find Tukeh liable for early release by the United States roles in planning and ordering attempted extrajudicial killing. Tukeh and sent back to Colombia, where the crackdown that led to the appealed the judgment to the Fourth he was arrested upon arrival on extrajudicial killings. This was the Circuit Court of Appeals. the basis of pending indictments. first time a former head of State The civil litigation in the United was found guilty in a US court for States continues to proceed. Estrada v. Jimenez “Macaco” human rights abuses. In May 2018, Naranjo the trial court judge overturned FOLLOW UP ON OTHER the unanimous jury verdict, a CJA represents the family members CASES decision which was appealed by of human rights defender Eduardo the plaintifs. In November 2019, Estrada killed by a paramilitary ▪ Mohammed Jabbateh: the 11th Circuit Court of Appeals group in Colombia commanded and appeal ongoing heard oral argument. The Court’s controlled by Carlos Mario Jiménez (see UJAR 2019, p. 76) decision is pending. Naranjo, also known as “Macaco”. ▪ Thomas Jucontee Woewiyu: Macaco headed one of the most awaiting sentencing decision (see UJAR 2019, p. 77)

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Collapsed buildings in Mosul Old City (Iraq, 2018) © Constantin Gouvy/TRIALInternational

Table of cases

89

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

Preliminary Aung San Suu Kyi Argentina Myanmar examination 19 and others • • ongoing

Preliminary Prince Mohammed Argentina Saudi Arabia examination 20 bin Salman • • ongoing

Conviction Syrian war crimes Austria Syria overturned; 21 trial • • pending re-trial

Syrian intelligence Under Austria Syria 22 services • • investigation

Sentenced Fabien Neretsé Belgium Rwanda • • to 25-years’ 23 imprisonment

Ernest Gakwaya and Emmanuel Belgium Rwanda • • Pending trial 24 Nkunduwimye

Democratic Alexis Thambwe Under Belgium Republic of 25 Mwamba • • investigation the Congo

Indicted; under Martina Johnson Belgium Liberia 26 • • • investigation

Sentenced to Ahmed Jabbar Finland Iraq 18-months’ 27 Hasan • imprisonment

The Iraqi twin Finland Iraq Appeal ongoing 28 brothers • •

Indicted; under Abdulhamid A. France Syria 29 • investigation

Under Ali Mamluk; Jamil investigation; Hassan; Abdel France Syria • • • three arrest 30 Salam Mahmoud warrants issued

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

Under investigation; Active personality several Lafarge - indictments Eric Olsen France Syria • • issued; crimes 32 and others against humanity charges dropped

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

Active personality Under France Sudan 34 BNP Paribas • • • • investigation

Detained; Ahmed Hamdane France Iraq under 35 El Aswadi • • investigation

Indicted; Mahamat Nouri and Chad; France detained; under 36 others Sudan • investigation

Case dismissed; Geofrey Miller and United States France dismissal 37 others of America • confirmed on appeal

Indicted; Kunti K. France Liberia • • detained; under 38 investigation

Under Khalifa Haftar France Libya 39 • investigation

Sentenced to life Octavien Ngenzi and France Rwanda imprisonment; 40 Tito Barahira • • confirmed on appeal

Active personality Indicted; Philippe France Rwanda • detained; under 41 Hategekimana investigation

Félicien Baligira France Rwanda • Case dismissed 42

Case dismissed; Wenceslas France Rwanda dismissal 43 Munyeshyaka • • • confirmed on appeal

Referred to the criminal court; Laurent Bucyibaruta France Rwanda 44 • • referral under appeal

Referred to the Sosthène criminal court; France Rwanda 45 Munyemana • • referral under appeal

Active personality Referred to the criminal court; Claude Muhayimana France Rwanda 45 • • referral under appeal

92 CHARGES COUNTRY OF COUNTRY OF CURRENT CASE PAGE PROSECUTION COMMISSION Crimes STATUS War Other Torture Genocide against crimes charges humanity Indicted; Anwar R. and detained; Germany Syria 47 Eyad A. • • • under investigation

Active personality Syria; On trial; under Jennifer W. and Germany 49 Iraq • • • • investigation others

Convicted; sentenced to life Ibrahim Al-F. Germany Syria 50 • • • imprisonment; confirmed on appeal

Indicted; Syrian national Germany Syria • detained; under 50 investigation

Sentenced to four and Mohamad K. Germany Syria 50 • a half years’ imprisonment

Abdalfatah H. A. Germany Syria • • On trial 51

Abdul Jawad A. K. Germany Syria • • On trial 51

Abdulrahman A. A. Germany Syria • • On trial 51

Abdoulfatah A. Germany Syria • • On trial 51

Sentenced to four years and Suliman Al-S. Germany Syria • • nine months’ 51 imprisonment on appeal

Indicted; under Fares A. B. Germany Syria 51 • • investigation

Indicted; under Rafea Yaseen Y. Germany Syria 51 • • investigation

Sentenced to two years’ Ahmad Zaheer D. Germany Syria 52 • imprisonment on probation

Democratic Ignace Died pending Germany Republic of 53 Murwanashyaka • • retrial the Congo

Democratic Sentenced; Straton Musoni Germany Republic of 53 • appeal rejected the Congo

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

Members of the Under Israeli Defense Germany Israel 54 • investigation Forces

Pending Yahya Jammeh Ghana The Gambia 55 • investigation

Indicted; Hassan Faroud Hungary Syria • • detained; under 56 investigation

Convicted; sentenced to life Osmann Matammud Italy Libya 57 • imprisonment; confirmed on appeal

Mohammed Condè; Indicted; Hameda Ahmed; Italy Libya • detained; under 58 Mahmoud Ashuia investigation

Active personality Case RWM Italia S.p.A. Italy Saudi Arabia • dismissed; 59 under appeal

Detained; Abu Khuder Netherlands Syria • • under 60 investigation

Detained; Syrian national Netherlands Syria • • under 61 investigation

Active personality Detained; Afghan national Netherlands Afghanistan • under 62 investigation

Active personality Sentenced to life Eshetu Alemu Netherlands Ethiopia 63 • • imprisonment; re-trial ongoing

Active personality Sentenced to 19 years’ Guus Van Netherlands Liberia imprisonment; 64 Kouwenhoven • • awaiting extradition

Under 17 Syrian ofcials Norway Syria 66 • • • investigation

Active personality Under Jean Chrysostome Norway Rwanda 67 • investigation Budengeri

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

Inocente Orlando Spain El Salvador Awaiting trial 68 Montana Morales • •

Ali Mamluk and Spain Syria Case dismissed 70 others • •

Detained; Hamid Noury Sweden Iran • • under 72 investigation

Members of the Under Syrian intelligence Sweden Syria 73 • • • investigation services

Convicted; Kurda Bahaalddin H. sentenced to Sweden Iraq 74 Saeed H. Saeed • 15 months’ imprisonment

Indicted; Ousman Sonko Switzerland The Gambia • • detained; under 75 investigation

Under Rifaat al-Assad Switzerland Syria 76 • investigation

Under Kalhed Nezzar Switzerland Algeria 78 • investigation

Alieu Kosiah Switzerland Liberia • Pending trial 79

Sentenced to 15 years’ Erwin Sperisen Switzerland Guatemala • imprisonment; 80 confirmed on appeal

Active personality Democratic Under Switzerland Republic of 82 Christoph Huber • investigation the Congo

Case United Agnes Reeves Taylor Liberia dismissed; 83 Kingdom • on appeal

Vincent Bajinya, Célestin Ugirashebuja, United Under Charles Munyaneza, Rwanda 85 Kingdom • • investigation Emmanuel Nteziryayo and Célestin Mutabaruka

Sri Lanka; Active personality Under United States Bolivia; Civil universal investigation 86 of America Somalia; • jurisdiction cases or on appeal Colombia

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 suferings. 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

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 184 member organizations in 112 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

REDRESS

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

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