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996

AA v. Fiscalía General de la Nación, Caso No. 327/2008

The Trial Court of Tacuarembó sentenced AA to 12 months in prison for domestic violence, deemed as aggravated because the victim was a woman. AA and the victim had been living together in a common law marriage since 2000. In 2002 the victim reported on several occasions multiple instances of physical abuse and of psychological violence. In September 2003, the victim filed a complaint against AA for injuries inflicted to her neck and arm, which were verified by a public health doctor. The couple reconciled, but thereafter got separated again.

AA v. Fiscalía General de la Nación, Caso No. 328/2011

The Trial Court sentenced the 28-year-old accused (AA) to seven years and six months in prison for the crimes of rape, kidnapping and robbery. On March 27, 2011, AA approached the 18-year-old victim (BB) at a bus station and threatened her with a knife. BB offered him money, but AA put a knife to her throat and took her to a nearby field where he sexually assaulted her several times during the night, hit her repeatedly, and videotaped the sexual assault with his cellphone.

AA v. Fiscalía General de la Nación, Caso No. 375/2007

The Trial Court sentenced the accused (AA) to 20 months in prison for crimes of domestic violence against his wife (BB). AA filed an appeal to the Appeals Court arguing that the scope of the law against domestic violence applied only to victims that were deemed to be defenseless. AA argued that the victim, BB was a member of the military and as such could not be deemed a defenseless person. The Appeals Court dismissed the appeal affirming the decision of the Trial Court.

AA v. Fiscalía General de la Nación, Caso No. 413/2008

The Trial Court sentenced the accused (AA) to 10 months with a suspended sentence for the crime of domestic violence against his wife (BB). AA intimidated and committed continuous acts of violence against BB. The Trial Court deemed the continuous and manipulative nature of this violence to be an aggravating circumstance. AA appealed, arguing that the Trial Court had improperly analyzed the evidence and that there was not enough evidence to convict him. The Appeals Court determined that the evidence on file should be analyzed in the context of the contentious relationship between AA and BB.

Achoki v. Republic

The appellant was charged with three criminal violations in connection with his and his coconspirators' robbery of the complainant and corresponding violence: (1) aggravated robbery with violence, (2) rape of the complainant's niece during the robbery, and (3) possession of suspected stolen property.  The trial court found the appellant guilty on all counts, but the first count was reduced to simple robbery.  The trial court sentenced him to ten years imprisonment for robbery, ten years imprisonment for rape, and 12 months for handling suspected stole goods, to be s

AP-Ki. Nr. 192/2010

The defendant husband held enduring suspicions that the late victim, his wife, was involved in an extramarital affair, and required her to seek permission to leave their home without his or their children’s accompaniment.  The victim one day attempted to leave the house without the defendant’s permission, resulting in an argument in which he shot and killed her.  The defendant was charged with Aggravated Murder under Article 147 of the Provisional Criminal Code of Kosovo, found guilty, and sentenced to 15 years’ imprisonment.  The defendant appealed, arguing tha

Ap.-Kz. 307/2012

The victim, a minor of the age of 15, was trafficked by men including defendants I.I. and Sh. G, from Albania to Kosovo, where she was imprisoned and forced to work as dancer at multiple restaurants.  She eventually escaped and met two men who helped her find accommodations and work as a waitress.  One of the men, S.B., had sexual intercourse with her, as did D.B., the manager who hired her as a waitress.  I.I., Sh.

Ap.-Kz. Nr. 466/2011

In the prosecution of an international human trafficking ring, B.D., a nightclub owner, was charged with Facilitating Prostitution in violation of Article 201 of the Provisional Criminal Code of Kosovo, for recruiting and organizing 16 Moldovan women for prostitution.  His co-defendants B.J., M.G., and S.Z.

Attorney-General v. Mataua

The respondent was convicted of two charges of defilement of a 13-year-old girl and sentenced to four years and six months of imprisonment even though the maximum punishment for each charge was life imprisonment. The Attorney General of Kiribati appealed this sentence as “manifestly inadequate.” The Court of Appeal of Kiribati allowed the appeal and delineated the proper framework for sentencing in the context of this offense.

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