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| Posted: 11 May 2012 08:00 PM PDT  However, being a tribunal of conscience, the five-member panel chaired by tribunal president judge Lamin Mohd Yunus had no power to enforce or impose custodial sentence on the convicted eight. "We find the witnesses, who were victims placed in detention illegally by the convicted persons and their government, are entitled to payment of reparations," said Lamin at a public hearing held in an open court at the Kuala Lumpur Foundation to Criminalise War yesterday. The tribunal's award of reparations would be submitted to the War Crimes Commission and recommended the victims to find a judiciary entity that could enforce the verdict. It will also submit the finding and records of the proceedings to the Chief Prosecutor of the International Criminal Court, the United Nations' Security Council. Five former Iraqi detainees, who were tortured while being detained in various prisons, including Guantanamo Bay, were called to give their testimonies before the Tribunal during the trial which started on May 7. Bush's associates were former US vice-president Dick Cheney; former defence secretary Donald Rumsfeld; Bush's former counsel Alberto Gonzales; Cheney's then-general counsel David Addington; Rumsfeld's then-general counsel William Haynes; then-assistant attorney-general Jay Bybee; and former deputy assistant attorney-general John Yoo. The eight accused were charged with the crime of torture, that they had wilfully participated in the formulation of executive orders and directives to exclude the applicability of international conventions and laws, namely Convention against Torture 1984, Geneva Convention 1949, Universal Declaration of Human Rights and the United Nations Charter, in relation to the war launched by the US and others in Afghanistan in 2001 and Iraq in March 2003. Additionally, and/or on the basis and in furtherance thereof, the accused authorised, connived in, the commission of acts of torture and cruel, degrading and inhumane treatment against victims in violation of international law, treaties and aforesaid conventions.   |
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