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Applicants 1, 2 and 3 v. The Minister for Immigration and Asylum

28 December 2011 | Judicial Body: Netherlands, The: The Hague District Court | Document type: Case Law | Topic(s): Access to procedures - Criminal justice - International courts and tribunals - Jurisdiction - Right to seek asylum - Rule of law / Due process / Procedural fairness - Treaties / Agreements / Charters / Protocols / Conventions / Declarations - Witnesses | Countries: Congo, Democratic Republic of the - Netherlands

Case No. AWB 11/11748

The case summary in English has been prepared in the framework of the Knowledge-Based Harmonisation of European Asylum Practices Project (2010-2012), co-financed by the European Refugee Fund.

28 June 2011 | Judicial Body: Netherlands, The: The Hague District Court | Document type: Case Law | Countries: Netherlands - Somalia

Case No. AWB 10/23999

The case summary in English has been prepared in the framework of the Knowledge-Based Harmonisation of European Asylum Practices Project (2010-2012), co-financed by the European Refugee Fund.

23 June 2011 | Judicial Body: Netherlands, The: The Hague District Court | Document type: Case Law | Countries: Netherlands - Somalia

Case No. AWB 10/26220 and AWB 10/26222

The case summary in English has been prepared in the framework of the Knowledge-Based Harmonisation of European Asylum Practices Project (2010-2012), co-financed by the European Refugee Fund.

14 April 2011 | Judicial Body: Netherlands, The: The Hague District Court | Document type: Case Law | Countries: Netherlands - Somalia

XXX v. Minister for Immigration and Asylum

Unofficial UNHCR translation.

22 February 2011 | Judicial Body: Netherlands, The: The Hague District Court | Document type: Case Law | Topic(s): Exclusion clauses - Security forces | Countries: Afghanistan - Netherlands

Case No. AWB 08/39512

The case summary in English has been prepared in the framework of the Knowledge-Based Harmonisation of European Asylum Practices Project (2010-2012), co-financed by the European Refugee Fund.

28 November 2008 | Judicial Body: Netherlands, The: The Hague District Court | Document type: Case Law | Countries: Colombia - Netherlands

Judgment of the The Hague District Court in the Case concerning a KhAD/WAD member from Afghanistan

This is an unofficial translated summary of the judgment.

20 May 2008 | Judicial Body: Netherlands, The: The Hague District Court | Document type: Case Law | Topic(s): Exclusion clauses - Torture | Countries: Afghanistan - Netherlands

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

Judgment of the The Hague District Court in the Case of Public Prosecutor's Office number 09/750001-05

The District Court acquits the defendant of the charges under counts 1, 2 and 3. These charges refer to a number of actions that have been penalized under the Criminal Law in Wartime Act. The Court considers the fact proven that the defendant together and in conjunction with an other or others supplied weapons to Charles Taylor and/or his armed forces. The punishment that has been imposed, a prison sentence of 8 years, is based on:
- articles 47 and 57 of the Penal Code;
- articles 1, opening lines and under 2° (old), 1, opening lines and under 1°, 2 and 6 of the Economic Offenses Act; articles 2 (old), 2, 3 (old), 3 and 13 of the Sanctions Act 1977;
- article 2 of the Liberian Sanctions Regulations 2001;
- article 2 of the Liberian Sanctions Regulations 2002;
- ML1 and ML2 of the Schedule to the Import and Export Decree on Strategic Goods.

6 June 2006 | Judicial Body: Netherlands, The: The Hague District Court | Document type: Case Law | Topic(s): Exclusion clauses - War crimes | Countries: Netherlands

Judgment of the The Hague District Court in the Case of Public Prosecutor's Office Number 09/751004-04 (Writ of Summons I); 09/750006-05 (Writ of Summons II) (Afghanistan)

14 October 2005 | Judicial Body: Netherlands, The: The Hague District Court | Document type: Case Law | Topic(s): Crimes against humanity | Countries: Afghanistan - Netherlands

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