ICJ Indictment for Emmanuel Alejandro Ferrant
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International Chancellery of Justice
Cancillería Internacional de Justicia

Translation: Oseanian
Date: March 2016

TRIAL CHAMBER I

Before: Judge Antonio Jesus Piedrabuena, Presiding Judge

SITUATION IN THE UNITED REPUBLICS OF LUXLEIN
The Prosecutor of the Tribunal V. Emmanuel Alejandro Ferrant

PUBLIC
Indictment



THE ACCUSED
  • EMMANUEL ALEJANDRO FERRANT was born on 19 February 1966 in the city of Santángel of the Republican Municipality of Arriaga.
  • EMMANUEL ALEJANDRO FERRANT has been a leading member of the Democratic Party from early in its establishment in the United Republics of Luxlein. The Democratic Party was the main political party among Luxerian citizens in the United Republics of Luxlein. As Chairman of the Democratic Party, he was and is the most powerful official in the party. His duties as Chairman include representing the party, coordinating the work of party organs and ensuring the realization of the programmatic tasks and goals of the party. He continues to hold this position.
  • From August 9, 1999 until January 20, 2001, EMMANUEL ALEJANDRO FERRANT served as Prime Minister of the United Republics of Luxlein. From December 19, 1999 until January 20, 2001, EMMANUEL ALEJANDRO FERRANT served as Acting President of the United Republics of Luxlein.
  • From January 20, 2001 until January 20, 2009, EMMANUEL ALEJANDRO FERRANT served as President of the United Republics of Luxlein. From January 20, 2009 until January 20, 2013, EMMANUEL ALEJANDRO FERRANT served as Prime Minister of the United Republics of Luxlein.
  • From January 20, 2013 until March 25, 2016 , EMMANUEL ALEJANDRO FERRANT served as President of the United Republics of Luxlein.
GENERAL ALLEGATIONS
  • Civilians were persecuted on political grounds throughout the United Republics of Luxlein. Hundreds of them were interned in detention facilities where they were subjected to widespread acts of physician and psychological abuse and to inhumane conditions. Detention facility personnel who staffed and operated these detention facilities intended to destroy civilians as political groups and killed, seriously injured and deliberately inflicted upon them conditions to bring about their physical destruction.
  • EMMANUEL ALEJANDRO FERRANT, between 1999 and 2016, in the territory of the United Republics of Luxlein, by his acts and omissions, and in concert with others, committed crimes against humanity by persecuting civilians on political grounds. He is criminally responsible for the unlawful confinement, murder, torture, beating, robbery and inhumane treatment of civilians and the targeting of political leaders, intellectuals and professionals.
DETENTION FACILITIES
  • Many of these detention facilities were staffed and operated by military and police personnel and their agents, under the control of EMMANUEL ALEJANDRO FERRANT. In addition, police and military interrogators had unfettered access to all of the detention facilities and operated in conjunction with the personnel of these detention facilities.
  • Hundreds of civilians were detained in these facilities for protracted periods of time. They were not afforded judicial process and their internment was not justified by legal necessity. They were detained, in large measure, because of their political identity. The conditions in the detention facilities were inhumane and brutal. Military and police personnel in charge of these facilities and other persons over whom they had control, subjected the civilian detainees to physical and psychological abuse, intimidation and maltreatment. Detention facility personnel killed, seriously injured and deliberately inflicted upon them conditions intended to bring about their physical destruction. Detainees were repeatedly subjected to and/or witnessed inhumane acts, including murder, torture, beatings, robbery as well as other forms of mental and physical abuse. Daily food rations provided to detainees were inadequate and often amounted to starvation rations. Medical care for the detainees was insufficient or non-existent and the general hygienic conditions were grossly inadequate.
TARGETING OF POLITICAL LEADERS, INTELLECTUALS AND PROFESSIONALS
  • Particularly singled out for persecution by the military, police and their agents, under the direction and control of EMMANUEL ALEJANDRO FERRANT, were civilian political leaders and members of the political party, Conservative Party, amongst others. In many instances, lists identifying leaders of the Conservative Party were provided to personnel of the military, police and their agents. Using these lists, political leaders were arrested, interned, and physically abused. Some Conservative Party leaders who were persecuted because of their political beliefs include, but are not limited to, Nil Laguna, the Congressional Leader of the Luxerian Conservative Party; Fernando Monedero, Chairman of the Luxerian Conservative Party; Ariadna Alameda, Secretary General of the Luxerian Conservative Party; Estefania Catalán, Leader of the Conservative Party in the Senate of the Republics; and Marco Villalba, Leader of the Conservative Party in the the Chamber of Deputies.
  • In addition to persecutions of political leaders, the military, police and their agents systematically targeted for persecution on political grounds, intellectuals and professionals in many cities. Individuals who were persecuted include, but are not limited to, José Andrés Piñera, professor at the Autonomous University of Santangel’s Economics Department; Juan Francisco Biescas, corporate attorney at Santisteban & Padrón; Uxue Abarquero, Co-Administrator of the Coalition Provisional Authority; Gabriela Santander, Chief Executive of the Luxerian Association of Businesses; Aida Siurana, Chief Executive of  Góngora Mosenka; and Brais de Herrera, Secretary of the Department of Justice.
CHARGES

EMMANUEL ALEJANDRO FERRANT is criminally responsible, as a direct and indirect perpetrator, for the following crimes committed in the territory of the United Republics of Luxlein:
  • Murder as a crime against humanity, within the meaning of Article 6(l)(a) of the Statute;
  • Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law as a crime against humanity, within the meaning of Article 6(l)(e) of the Statute;
  • Torture as a crime against humanity, within the meaning of Article 6(l)(f) of the Statute;
  • Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act, referred to in this paragraph or any crime within the jurisdiction of the Chancellery as a crime against humanity, within the meaning of Article 6(l)(h) of the Statute; and
  • Enforced disappearance of persons as a crime against humanity, within the meaning of Article 6(l)(i) of the Statute.
SENTENCING FACTORS
  • The Prosecution submitted that the scale of these crimes, in which the accused led, was massive and over a vast area, with hundreds detained and many killed: these crimes were conducted with particular brutality and cruelty, including through the use of torture.
  • The Trial Chamber accepts that these are crimes of the utmost gravity, which resulted in the deaths of many and the detention of hundreds in circumstances of great brutality. The gravity is illustrated by the massive scope and extent of the persecutions and the grossly inhumane treatment of detainees.
  • The Prosecution submitted that the leadership position of the accused in these crimes is clearly the sort of crimes where a sentence of life imprisonment is fitting and the Prosecutor said that, in the absence of a guilty plea, a sentence of imprisonment for the remainder of the life of an accused would have been appropriate.
  • The Trial Chamber, therefore, has to determine an appropriate sentence for an accused who was in the high leadership position described; and was involved in crimes of the utmost gravity. The Trial Chamber is unable to accept the submission of the Prosecution that the severest sentence which this Tribunal is capable of passing would be appropriate.
  • Dealing, first, with the guilty plea, remorse and reconciliation. The accused entered a guilty plea before this Trial Chamber, and this is to be regarded as a circumstance in mitigation of sentence.
  • The Trial Chamber accepts the statement by the accused during the Hearings, together with expressions in his earlier statement in support of the motion to change his plea, as an expression of remorse to be considered as part of the mitigating circumstances connected with a guilty plea. Indeed, it may be argued that by his guilty plea, Mr. Emmanuel Alejandro Ferrant had already demonstrated remorse.
  • He referred to the need for acknowledgement of the crimes committed during his administration as a necessary step towards peace and reconciliation and his hope that his acceptance of responsibility would enable his people to reconcile with their neighbours. He concluded the statement: To achieve any reconciliation or lasting peace in Luxlein, “serious violations of humanitarian law during my administration must be acknowledged by those who bear responsibility – regardless of their political group. This acknowledgement is an essential first step to putting Luxlein back on track and to continue to promote democratization and human rights at home and abroad.”
  • The Trial Chamber accepts that acknowledgement. This, together with acceptance of responsibility for the committed wrongs, will promote reconciliation. In this respect, the Trial Chamber concludes that the guilty plea of Mr. Emmanuel Alejandro Ferrant and his acknowledgement of responsibility, particularly in the light of his former position, should put the United Republics of Luxlein back in the position to lead the international community on its mission to promote international peace and security.
  • The Trial Chamber accordingly gives significant weight to the plea of guilty by the accused, as well as his accompanying expressed remorse and the positive impact on the country’s position abroad.
CONCLUSIONS
  • While accepting that the breadth of these crimes justifies the submission made by the Prosecution, the Trial Chamber also has in mind that these crimes did not happen to a nameless group but to individual men and women who were mistreated, tortured and killed. This consideration and the fact that this appalling conduct was repeated so frequently, calls for a substantial sentence of imprisonment. The Trial Chamber has already found this to be a crime of the utmost gravity.
  • The Prosecution submits that an appropriate sentence in this case is a term of imprisonment of not less than 20 years and not more than 40 years.
  • No sentence which the Trial Chamber passes can fully reflect the horror of what occurred or the terrible impact on thousands of victims.

EMMANUEL ALEJANDRO FERRANT
Having given due weight to the factors set out, the Trial Chamber sentences you to a period of 30 years’ imprisonment.

Judge Antonio Jesus Piedrabuena
Presiding Judge
Dated this March 2016
At Santangel, United Republics of Luxlein


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