Assembly/AU/11 (XIII) Annex II Page 18   Mexico,139 Morocco,140 Peru,141 the Republic of Congo,142 Rwanda,143 Suriname,144 Tunisia,145 the United States of America,146 Uzbekistan147 and Zimbabwe.148 A complaint was also lodged against the President of the Palestinian Authority.149 Some of these suspects have been serving state officials, including heads of state, heads of government, foreign ministers, ministers of defence and others. Others have been former state officials. Others still have been private individuals, and in one case a private corporation has been indicted.150 Some proceedings have been initiated by the prosecuting authorities, but many others have been brought or sought by private individuals. There have been differing outcomes in these proceedings. Some prosecutions have led to convictions. The majority of cases have been discontinued on various grounds, including the recognition of immunities accorded by international law. The prosecutorial discretion not to bring proceedings has been exercised in many cases. In several cases, proceedings were deferred in favour of proceedings in the International Criminal Tribunal for the former Yugoslavia (ICTY)151 or the International Criminal Tribunal for Rwanda (ICTR).152 27. Criminal proceedings have been instituted or sought in EU Member States against African officials, including heads of state, on extraterritorial bases of jurisdiction other than universal jurisdiction153 and in respect of crimes other than                                                              139 Atenco, order of 2 July 2008, Audiencia Nacional (Central Examining Magistrate No 3) (Spain). Hassan II, 23 December 1998, Audiencia Nacional (Central Examining Magistrate No 5) (Spain); Sahara, 30 October 2007, Audiencia Nacional (Central Examining Magistrate No 5) (Spain). A complaint filed in Belgium (pre-Sharon and and pre-5 August 2003) by private parties against former Minister for the Interior Driss Basri did not go forward. 141 Fujimori, 42 ILM 1200 (2003), 20 May 2003, Supreme Court (Spain). 142 See above, note 115, for the complaint in Belgium against President Denis Sassou Nguesso. See also Ndengue et al., 10 January 2007, Court of Cassation (France). 143 See e.g. Dupaquier et al. v Munyeshyaka, 127 ILR 134, 6 January 1998, Court of Cassation (France); Public Prosecutor v Higaniro et al., 8 June 2001, Brussels Assize Court (Belgium); Nzabonimana and Ndashyikirwa, 29 June 2005, Brussels Assize Court (Belgium); Ntuyahaga, 5 July 2007, Brussels Assize Court (Belgium); Rwanda, 6 February 2008, Audiencia Nacional (Central Examining Magistrate No 4) (Spain). 144 Wijngaarde et al. v Bouterse, 18 September 2001, Supreme Court (Netherlands). 145 Gharbi et al. c. Ben Saïd, 15 December 2008, Strasbourg Assize Court (France). 146 See above, notes 108 and 120 for the complaints in Germany and France against Secretary of Defense/former Secretary of Defense Donald Rumsfeld. See also Bush et al., 24 September 2003, Court of Cassation (Belgium); Jiménez Sánchez et al. v Gibson et al., ILDC 993 (ES 2006), 11 December 2006, Supreme Court/13 May 2008, Audiencia Nacional (Spain). A complaint lodged in Belgium by private parties on 14 May 2003 against General Tommy Franks was forwarded to the US. At the end of March 2009, the Audiencia Nacional (Central Examining Magistrate No 5) asked the prosecutor to open an investigation into the alleged responsibility of former US Attorney General Alberto Gonzales and other former US officials for acts of torture and grave breaches of the Geneva Conventions. 147 See above, note 108 for the complaint in Germany against Minister for the Interior Zakirjon Almatov. 148 See above, note 120, for the complaint filed against President Robert Mugabe in France in 2003. See also Re Mugabe, ILDC 96 (UK 2004), 14 January 2004, Bow Street Magistrates’ Court (England, UK). 149 See above, note 115, for the complaint in Belgium against Yasser Arafat, President of the Palestinian Authority. 150 Attorney General v Total SA et al., ILDC 748 (BE 2007), 28 March 2007 and 29 October 2008, Court of Cassation (Belgium). 151 See e.g. the accused Tadić, whose case in Germany was deferred in favour of proceedings in the ICTY. 152 See e.g. the accused Nahimana, Ruggiu, Bagasora, Ntuyahaga, Ndayambaje and Kanyabashi, cases against whom in Belgium were deferred in favour of proceedings in the ICTR. 153 Proceedings pending in Belgium against former President of Chad Hissène Habré are based on passive personality jurisdiction. The same goes for the case opened in France in respect of certain Rwandan state officials. 140 Version 31 March 09(FINAL)