|Date of birth|
|Function/Grade||Ex Deputy Minister|
|History and Biodata||
2. Previous Functions:
Heshamuddin (or Hesamuddin) Hesam applied for political asylum in the Netherlands in 1996, but this was refused due to suspicion of his involvement in torture and war crimes during the war in Afghanistan in the 1980’s. He was a PDPA Parcham Member. However, Hesam stayed in the Netherlands, and after investigations he was arrested in 2004. The Hague District Court convicted him for war crimes and torture committed by him as head of the military intelligence agency KhaD-e-Nezami (KhAD) and as superior for failing to prevent these crimes from being committed by his subordinates. He was sentenced to 12 years’ imprisonment. The Court of Appeal affirmed this decision. Consequently, Hesam appealed to the Supreme Court, arguing that the previous courts had erred in law on several points. The Supreme Court disagreed, however, and held that Dutch courts had jurisdiction over the crime, that prosecution was admissible, that the crimes were not time-barred (as Dutch law excludes war crimes from becoming so), and that the convictions had been in conformity with the law. Accordingly, the appeal was dismissed.