Hesam, Hesamuddin fr en

Country of proceedings: The Netherlands
Context of crimes: Afghanistan
Date: 2005 - 2008
Keywords: War crimes, torture, jurisdiction (universal)

On 29 January 2007, the Hague Court of Appeal found Hesamuddin Hesam and Habibullah Jalalzoy guilty of complicity to torture and violations of the laws and customs of war, committed in Afghanistan in the 1980s and 1990s. Hesam was sentenced to 12 years' imprisonment. He was the head of the military intelligence service, the KhAD-e-Nezamy and deputy minister of the Ministry of State Security (WAD). This judgement was confirmed by the Supreme Court on 10 July 2008.

Court documents
14-10-2005 - District Court Judgement
29-01-2007 - Court of Appeal Judgement
08-07-2008 - Supreme Court Judgement (in Dutch)

HJP News Items
29-07-2007 - Sentences of Afghan intelligence officers upheld
08-07-2008 - Dutch Supreme Court rejects appeals of Afghan intelligence officers

Commentary
Another Afghan Case in the Hague District Court: Universal Jurisdiction over Violations of Common Article 3, by Cedric Ryngaert