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ICL Media Review: Kosovo warned against taking action to end specialist tribunal
in ICL Media Review, News
In this week's review, news about the KRSJI, pardon of Alberto Fujimori, the inquiry into Praljak's death, and an appeal of Alemu's war crimes conviction.
Kosovo warned against taking action to end specialist tribunal
On 4 January 2018, a statement was issued by France, Germany, Italy, the UK and the US urging leaders in Kosovo to not support an initiative to overturn the 2015 law in Kosovo which sets out its cooperation with the Tribunal. The statement warned of "severe negative consequences, including for Kosovo's international and Euro-Atlantic integration, if Kosovo continues on this path," further stating that the "creation of the Specialist Chambers was the only way for Kosovo to demonstrate its commitment to … rule of law and to continue to receive international support." The statement was issued after Kosovo prime minister Ramush Haradinaj, leader of the ruling AAK party and former ICTY accused who was twice acquitted of crimes before the Tribunal, took moves to call a parliamentary session concerning calls to overturn the 2015 law. Reports indicate that the Tribunal is set to issue indictment soon. (EU Observer, ABC, Balkin Insight)
Inter-American Commission expresses concern over pardon of Peru's Alberto Fujimori
The Inter-American Commission on Human Rights has issued a statement expressing concern over the medical pardon of Peru's former President Alberto Fujimori, who thereafter released from a hospital in Peru on 4 January. Fujimori was convicted in 2009 of human rights abuses and sentenced to 25 years in prison. His conviction covered abuses committed by the military extrajudicial killings. Former President Fujimori was held in hospital with what is reported as a serious heart condition, but his pardon, granted by current Peruvian President Pedro Pablo Kuczynski, has been criticized for its timing after the son of Fujimori, Kenji led a coalition which allowed Kuczynski to survive moves for his impeachment. The Inter-American Commission's statement expressed "profound concern" stated that "Alberto Fujimori's pardon doesn't meet the fundamental legal prerequisites, nor the elements of due legal process, and independence and transparency of the technical evaluation," and "goes against Peru's international obligations." The Inter-American Commission will be holding a hearing on 2 February to determine whether Peru has met its obligations in regards to the Barrios Altos and Cantuta cases before the Commission; both which assisted in the conviction of Fujimori. (NYTimes, teleSur)
Head of inquiry into death of Slobodan Praljak says death couldn't be prevented
On 2 January, it was reported that the head of the inquiry into the death of ICTY accused Slobodan Praljak issued a statement concluding that smuggling of the poison into the UN detention unit could not be prevented under the procedures. In his statement, Judge Hassan Jallow stated that "there are no measures that would have guaranteed detection of the poison at any stage" considering the small size of the vial carrying the poison and the limited intrusive searches at the detention unit. In November, Praljak ingested cyanide poison in the ICTY courtroom after his judgment on appeal was read confirming the 20 year sentence for war crimes. (The Guardian)
Dutch-Ethiopian man appeals life sentence for crimes committed during the Red Terror
The lawyer for Eshetu Alemu, the Dutch Ethiopian who was convicted in late 2017 of war crimes committed in Ethiopia in 1978, has stated that an appeal will be filed against Alemu's conviction and sentence. The defence asserts that it was unable to properly review documents relied on for Alemu's conviction and the defence was not given the opportunity to question certain witnesses. Alemu was convicted of ordering the killing of 75 detainees in Ethiopia as well as arbitrary detention, inhumane treatment and murder. (Dutch News)
Tags: ICTY (International Criminal Tribunal for the former Yugoslavia)justiceJustice News
ICL Media Review
ICL Media Review is an independent UK 'Small Charity' which provides a daily publication on updates and developments in International Criminal Law and Human Rights Law. Since 2015, ICLMR has partnered with Justice Hub to provide the content for each Friday's edition of ICL Media Review.
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<strong>In this week's review, news about the KRSJI, pardon of Alberto Fujimori, the inquiry into Praljak's death, and an appeal of Alemu's war crimes conviction.</strong> <strong>Kosovo warned against taking action to end specialist tribunal</strong> On 4 January 2018, a statement was issued by France, Germany, Italy, the UK and the US urging leaders in Kosovo to not support an initiative to overturn the 2015 law in Kosovo which sets out its cooperation with the Tribunal. The statement warned of "severe negative consequences, including for Kosovo's international and Euro-Atlantic integration, if Kosovo continues on this path," further stating that the "creation of the Specialist Chambers was the only way for Kosovo to demonstrate its commitment to ... rule of law and to continue to receive international support." The statement was issued after Kosovo prime minister Ramush Haradinaj, leader of the ruling AAK party and former ICTY accused who was twice acquitted of crimes before the Tribunal, took moves to call a parliamentary session concerning calls to overturn the 2015 law. Reports indicate that the Tribunal is set to issue indictment soon. (<a href="https://euobserver.com/enlargement/140457">EU Observer</a>, <a href="http://abcnews.go.com/International/wireStory/western-powers-warn-kosovo-changing-war-crimes-court-52143434">ABC</a>, <a href="http://www.balkaninsight.com/en/article/kosovo-mp-warns-new-war-court-against-arrests-12-28-2017?utm_source=Balkan+Insight+Newsletters&amp;utm_campaign=719d6eac74-BI_DAILY&amp;utm_medium=email&amp;utm_term=0_4027db42dc-719d6eac74-319684537">Balkin Insight</a>) <strong>Inter-American Commission expresses concern over pardon of Peru's Alberto Fujimori</strong> The Inter-American Commission on Human Rights has issued a statement expressing concern over the medical pardon of Peru's former President Alberto Fujimori, who thereafter released from a hospital in Peru on 4 January. Fujimori was convicted in 2009 of human rights abuses and sentenced to 25 years in prison. His conviction covered abuses committed by the military extrajudicial killings. Former President Fujimori was held in hospital with what is reported as a serious heart condition, but his pardon, granted by current Peruvian President Pedro Pablo Kuczynski, has been criticized for its timing after the son of Fujimori, Kenji led a coalition which allowed Kuczynski to survive moves for his impeachment. The Inter-American Commission's statement expressed "profound concern" stated that "Alberto Fujimori's pardon doesn't meet the fundamental legal prerequisites, nor the elements of due legal process, and independence and transparency of the technical evaluation," and "goes against Peru's international obligations." The Inter-American Commission will be holding a hearing on 2 February to determine whether Peru has met its obligations in regards to the Barrios Altos and Cantuta cases before the Commission; both which assisted in the conviction of Fujimori. (<a href="https://www.nytimes.com/2018/01/05/world/americas/peru-fujimori-released-hospital.html">NYTimes</a>, <a href="https://www.telesurtv.net/english/news/Peru-Wont-Annul-Fujimoris-Pardon-Kuczynskis-Staff-Chief-20180102-0008.html">teleSur</a>) <strong>Head of inquiry into death of Slobodan Praljak says death couldn't be prevented</strong> On 2 January, it was reported that the head of the inquiry into the death of ICTY accused Slobodan Praljak issued a statement concluding that smuggling of the poison into the UN detention unit could not be prevented under the procedures. In his statement, Judge Hassan Jallow stated that "there are no measures that would have guaranteed detection of the poison at any stage" considering the small size of the vial carrying the poison and the limited intrusive searches at the detention unit. In November, Praljak ingested cyanide poison in the ICTY courtroom after his judgment on appeal was read confirming the 20 year sentence for war crimes. (<a href="https://www.theguardian.com/law/2018/jan/01/hague-poisoning-bosnian-croat-general-cyanide-inquiry-slobodan-praljak">The Guardian</a>) <strong>Dutch-Ethiopian man appeals life sentence for crimes committed during the Red Terror</strong> The lawyer for Eshetu Alemu, the Dutch Ethiopian who was convicted in late 2017 of war crimes committed in Ethiopia in 1978, has stated that an appeal will be filed against Alemu's conviction and sentence. The defence asserts that it was unable to properly review documents relied on for Alemu's conviction and the defence was not given the opportunity to question certain witnesses. Alemu was convicted of ordering the killing of 75 detainees in Ethiopia as well as arbitrary detention, inhumane treatment and murder. (<a href="http://www.dutchnews.nl/news/archives/2018/01/dutch-ethiopian-jailed-for-war-crimes-appeals-against-his-life-sentence/">Dutch News</a>)