Uitspraak
RECHTBANK DEN HAAG
uitspraak van de meervoudige kamer van 3 juli 2015 in de zaak tussen
[eiser], te [woonplaats], eiser
de staatssecretaris van Veiligheid en Justitie, verweerder
Procesverloop
Overwegingen
orde facto
. The superior-subordinate relationship entails that the accused, by virtue of his or her position, is senior to the perpetrator in a formal or informal hierarchy.
ortemporary basis. To be held liable for the acts of [persons] who operated under [theAccused] on anad hoc
or temporary basis, it must be shown that, at the time when the actscharged in the Indictment were committed, these persons were under the effective control ofthat particular individual.
powers may suggest a
powers have been established, the Prosecution still bears the burden of proving beyond a reasonable doubt that the accused has effective control over his or her subordinates.
in Butare. During the same period, when the RPF were advancing on Butare, firearms weredistributed to the recruits.
, was responsible for recruiting men forcivil defence training in Ngomacommune
, in May and June 1994 (3.7.1.4). Kanyabashi alsodistributed weapons to theconseillers
in Ngomacommune
in May 1994 (3.7.5.4).