Legal Information
- African Commission on Human and Peoples' Rights 1
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- Belgium: Commission permanente de recours des réfugiés (see: Conseil du Contentieux des Etrangers) 3
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- France: Commission des Recours des Réfugiés (CRR) 5
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- Netherlands, The: The Hague Court of Appeal 1
- Netherlands, The: The Hague District Court 1
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- Russian Federation: City Courts 1
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Rwanda: Organic Law No. 31/2007 of 2007 Relating to the Abolition of the Death Penalty
25 July 2007 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation |
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Judgment of the The Hague District Court in the Case of Public Prosecutor's Office number 09/750009-06 and 09/750007-07
Interlocutory decision. The accused is on trial because of his involvement in a number of serious offences punishable by law (which allegedly) were committed in April 1994 in Rwanda. The indictments against the accused are incorporated in two summons which will be jointly dealt with. All counts are charged primarily as war-crimes (Article 8 Act on criminal law in time of war) and alternatively as torture (Articles 1 and 2 Act implementing the Torture Convention). All counts have also been charged as genocide (Article 1 Act implementing the Genocide Convention) in the second summons. The prosecution of these counts has been taken over from the Prosecutor of the Rwanda Tribunal. This interlocutory decision only relates to the Public Prosecutor's right to prosecute the Accused with regard to count 1 of the second summon (genocide). The Public Prosecutor explicitly asked the Court to take a decision at this stage in order to exercise her right to institute proceedings on this count pursuant to Article 283, subsection 6 of the [Dutch] Code of Criminal Procedure. Counsel for the defence agreed to this and took the position that the Public Prosecutor was barred from prosecution in this respect. The Court concludes that a Dutch criminal court has neither direct nor indirect jurisdiction with respect to the charge of the Accused's involvement in genocide. The Court dismisses the Public Prosecutor in the prosecution of the Accused of count 1 in the second summons. 24 July 2007 | Judicial Body: Netherlands, The: The Hague District Court | Document type: Case Law | Topic(s): Exclusion clauses - Genocide - War crimes | Countries: Netherlands - Rwanda |
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In re J-B-N- & S-M-
Under section 101(a)(3) of the REAL ID Act of 2005, Div. B of Pub. L. No. 109-13, 119 Stat. 302, 303, in mixed motive asylum cases, an applicant must prove that race, religion, nationality, membership in a particular social group, or political opinion was or will be at least one central reason for the claimed persecution. 25 June 2007 | Judicial Body: United States Board of Immigration Appeals | Document type: Case Law | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Grounds for persecution - Persecution based on nationality - Social group persecution | Countries: Rwanda - United States of America |
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YKM v. Secretary of State for the Home Department
22 June 2007 | Judicial Body: United Kingdom: Court of Session (Scotland) | Document type: Case Law | Topic(s): Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Hutus - Persecution based on political opinion - Persecution of family members - State protection | Countries: Rwanda - United Kingdom of Great Britain and Northern Ireland |
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Michaeli Muhimana c. Le procureur (Arrêt)
Original en anglais. Traduction officielle. Contient lopinion commune partiellement dissidente des Juges Shahabuddeen et Schomburg ; et lopinion partiellement dissidente du Juge Schomburg sur linterprétation du droit dêtre informé. 21 May 2007 | Judicial Body: International Criminal Tribunal for Rwanda (ICTR) | Document type: Case Law | Topic(s): Burden of proof - Crimes against humanity - Criminal justice - Genocide - Tutsis - Witnesses | Countries: Rwanda |
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Mikaeli Muhimana v. The Prosecutor (Appeal Judgement)
Includes: Joint Partially Dissenting Opinion of Judge Shahabudeenn and Juge Schomburg; and Partially Dissenting Opinion of Judge Schomburg on the Interpretation of the Right to be Informed. 21 May 2007 | Judicial Body: International Criminal Tribunal for Rwanda (ICTR) | Document type: Case Law | Topic(s): Burden of proof - Crimes against humanity - Criminal justice - Genocide - Tutsis - Witnesses | Countries: Rwanda |
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Resolution 1749 (2007) The Situation Concerning Rwanda
28 March 2007 | Publisher: UN Security Council | Document type: Resolutions/Recommendations/Declarations |
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Security Council resolution 1749 (2007) [Rwanda]
28 March 2007 | Publisher: UN Security Council | Document type: Resolutions/Recommendations/Declarations |
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Rwanda: Organic Law No. 11/2007 of 2007 Concerning Transfer of Cases to the Republic of Rwanda from the International Criminal Tribunal for Rwanda and from Other States
16 March 2007 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation |
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The Prosecutor v. Joseph Nzabirinda (Sentencing Judgment)
Done in English, Arusha, 23 February 2007. 23 February 2007 | Judicial Body: International Criminal Tribunal for Rwanda (ICTR) | Document type: Case Law | Topic(s): Crimes against humanity - Criminal justice - Genocide - International courts and tribunals - Tutsis | Countries: Rwanda |
