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WAR CRIMES

Man arrested over Kosovo war crimes

A man has been arrested in western Sweden on suspicion of aggravated war crimes, with an alternative charge of murder, in connection with the Kosovo war in 1999.

The man, who is in his thirties, was arrested in a joint operation by the Swedish National Criminal Investigation Department (Rikskriminalen) war crimes unit and the international prosecutor in Stockholm, for crimes in the village of Cuska in Kosovo in May 1999.

The police have until April 9th to submit a remand request to the Stockholm District Court.

Tomas Ackheim at the war crimes unit confirmed the man’s arrest but was unable to divulge any further details.

“I can say only that the arrest was conducted in a calm and orderly fashion,” he told news agency TT.

The village of Cuska near Pec in Kosovo in the Former Yugoslavia was the scene of a mass killing of 44 Kosovo Albanians committed by Serbian forces on May 14th 1999.

The motive for the massacre remains unclear but reports indicate that Agim Çeku, a Kosovo Liberation Army (KLA) commander, was a native of this village and his father remained a resident.

On March 13th 2010 the Serbian war crimes prosecution office arrested nine members of the so-called Šakal (The Jackals) unit on suspicion of involvement in the killings.

During the Kosovo war in 1998-1999 Serbia launched a full scale assault on the country’s Kosovo Albanian minority to quell a rebellion. Around 10,000 civilians are reported to have perished and a further million were forced to flee their homes during the Serbian offensive in the province.

In 1999 NATO forces bombed Serbian cities for eleven weeks in order to force an end to the operation against the Kosovo Albanians.

The National Criminal Investigation Department has recently confirmed that it is investigating around a dozen cases of suspected war crimes, most of them serious. There are several more that have not yet reached the investigation stage.

The Swedish Migration Board receives around 30 reports per year of suspected war criminals in Sweden. Over the past 10-15 years around 50 people have been denied refugee status due to suspicions of serious crimes or war crimes. Many are however granted residency and are not deported in cases where there is a risk of persecution, torture or the death penalty in their home countries.

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RWANDA

German court told to retry Rwandan convicted of war crimes

A mammoth case against a Rwandan man accused of masterminding massacres in eastern Democratic Republic of Congo from his home in Germany, will have to be reopened, Germany's highest penal court ruled Thursday, overturning his conviction.

German court told to retry Rwandan convicted of war crimes
Murwanashyaka during an MDR interview 10 years ago in November 2008. Photo: DPA

The Federal Court of Justice Thursday confirmed the verdict against Musoni. But it found that part of the case against Murwanashyaka was flawed – both in his favour and against.

“The guilty verdict is therefore to be completely annulled, even though the conviction of the accused as a leader of a terrorist organisation was without 
legal error per se,” said the court.

Murwanashyaka had been found guilty of abetting five attacks by FDLR rebels 
on Congolese settlements in 2008-2009.

But the court said the initial verdict by the higher regional court of Stuttgart did not sufficiently prove that Murwanashyaka's support of at least one of the attacks was premeditated.

The judges ordered the Stuttgart tribunal to take a fresh look at his role in all five attacks.

They also disagreed with the previous decision not to judge the accused for crimes against humanity as well as war crimes.

Musoni was allowed to go free after the ruling because he had already been in pre-trial jail for almost six years and, therefore qualified for conditional release for good behaviour. Murwanashyaka currently remains in jail.

The original verdict in the case, after a trial that lasted more than four years, was at the time hailed as a breakthrough by the United Nations in efforts to bring FDLR commanders living abroad to justice.

The two Rwandans, who have lived in Germany for more than 20 years, were 
initially accused of 26 counts of crimes against humanity and 39 counts of war  crimes.

But over time that was whittled down to charges related specifically to the killings, in part because the court decided not to further tax the vulnerability of traumatised rape victims or child soldiers by making them appear before the hearing.

The judge back then said the difficulties encountered by the prosecution in  the biggest such trial in Germany as well as the length of time the case took had been “unacceptable”.

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