The process in Stuttgart lasted for four and a half years and cost around five million euros, and now the mammoth proceedings against a Rwandan rebel leader for war crimes needs to be rolled out in the Eastern Congo to the part. The Federal court of justice (BGH) in Karlsruhe overturned on Thursday the guilty verdict against the main defendants because of legal errors.
another Senate of the Oberlandesgericht (OLG) Stuttgart, will have his case re-negotiate and decide. The results of the extraordinarily extensive evidence in the far-flung region of the world but for the most part. (Az. 3 StR 236/17)
The second in the proceedings of the accused Rwandans, the sentenced to the court of appeal in 2015, after 320 days of negotiations, eight years of imprisonment had not come to court. In his case, the Supreme court rejected the revisions of the defense and prosecution. The judgment, which is final.
Both men have been living for decades in Germany, but from the distance, as the President and first Vice-President of the FDLR ("democratic forces for the liberation of Rwanda"). The as a terrorist group-ranked rebels had attacked in 2009 in the East of the Congo, adjacent to Rwanda, several villages, houses burned and more than 170 men, women and children massacred. With this "punishment actions" wanted to deter the militiamen of the Congolese civilian population from the cooperation with their opponents.
the Central question is the extent to which the top management can be made in Germany responsible for this. The indictment in the case was the first to the introduced in 2002, international criminal law, the German investigators allows for the prosecution of war crimes abroad. to be able to
the operations enlighten, let the OLG witnesses from Africa to be flown in and tried to traumatised victims to interview via video unlock. At the time of sentencing in 2015, the presiding judge spoke of a "Hercules task" and said: "So it goes."
court must revisit the atrocities
must Now address the court again with the atrocities. At the sentencing of the two men as the ringleaders of a terrorist Association, although there is no doubt. The 1963-born main defendant was sentenced to the court of appeal but also because aid to four war crimes to 13 years imprisonment. The judgment, in the opinion of the Supreme criminal judges of the Supreme court, not providing evidence, however, sufficient. The man could only be demonstrated that it allows the militia to make phone Calls via satellite and as a FDLR representative of the crimes denied or small had spoken. For the BGH it is not clear that he supported the actions of this "lens or facilitated".
His lawyer, Ricarda Lang expressed himself pleased with the verdict. You assume that in a new round with a lower penalty out will come, she said in Karlsruhe. Long-requested, therefore, to dismiss your 2009 detained clients from the pre-trial detention. His former Deputy, had been able to leave after the judgment, 2015 the court room as a free man.
Federal Prosecutor Christian Ritscher was, of course, confident that the deficits in the Stuttgart verdict can be corrected. A success for him is that the court must assess the atrocities on its Revision only as a war crime, but also as a crime against humanity. The "punishment actions" had been systematic attacks against the civilian population, said the Senate Chairman Jan Gericke.More about
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With Rügen alleged procedural error, the defense had no success. There is, therefore, the idea, against the already strong parts of the judgment the constitutional complaint, said Long. Due to the large distance it had been impossible even to conduct an investigation or to call their own witnesses. "Thus, the accused has no Chance to a fair trial." (dpa)