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Legal news from Friday, January 25, 2008 |
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Bosnian Serb army commander transferred from ICTY to serve sentence in Norway
Steve Czajkowski on January 25, 2008 3:19 PM ET

[JURIST] Vidoje Blagojevic [ICTY case backgrounder, PDF], former commander of the Bratunac Brigade of the Bosnian Serb Army, was transferred to Norway [press release] Friday to serve the remainder of his 15-year sentence for his role in the 1995 Srebrenica massacre [BBC timeline, JURIST news archive]. The International Criminal Tribunal for the former Yugoslavia (ICTY) in 2005 sentenced [JURIST report] Blagojevic to 18 years in prison after convicting him of complicity in genocide, murder, and other crimes. The ICTY appeals chamber reduced Blagojevic's sentence to 15 years when it reversed [judgment summary; JURIST report] his conviction of complicity in genocide, holding that Blagojevic should have been acquitted on those charges because he was not aware that the massacre was going to take place. The court upheld his other convictions on aiding and abetting the persecutions, killings and forcible transfer of Bosnian Muslims.
The ICTY has determined that the 1995 killings of more than 7,000 Bosnian Muslims by government forces at Srebrenica constituted genocide. The two men believed to have masterminded the massacre, Ratko Mladic [ICTY case backgrounder; JURIST news archive] and former Bosnian Serb leader Radovan Karadzic [ICTY case backgrounder], have yet to be captured. The UN News Service has more.


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Federal judge orders government response on CIA destruction of interrogation videos
Jeannie Shawl on January 25, 2008 11:19 AM ET

[JURIST] US District Judge Richard W. Roberts on Thursday ordered [PDF text] the government to submit a report to the court by February 14 detailing why the CIA destroyed videotapes showing the interrogation of terror suspects [JURIST news archive], whether other evidence connected to a Guantanamo Bay detainee's lawsuit may have been destroyed, and what steps the government has taken to preserve relevant evidence. Roberts' ruling is in response to a motion [PDF text; SCOTUSblog report] filed on behalf of Guantanamo Bay detainee Hani Abdullah asking the court to compel the government to report on its compliance with a July 2005 order [PDF text] issued by Roberts requiring the government to "preserve and maintain all evidence, documents, and information, without limitation, now or ever in respondents' possession, custody or control, regarding the individual detained petitioners" in cases brought by several detainees. Several similar motions have been brought in federal court, but Roberts' order is the first to require the government to explain its actions in destroying the tapes. Earlier this month, US District Judge Henry H. Kennedy, Jr. refused to order an inquiry into the CIA's destruction of the tapes and District Judge Alvin Hellerstein is currently considering a motion [JURIST reports] brought on behalf of detainees to hold the CIA in contempt of court for destroying the interrogation videos.
Existence of the videotapes was verified in November after the CIA admitted it had mistakenly denied [JURIST report] that it had recorded interrogations in a court declaration during the trial of 9/11 conspirator Zacarias Moussaoui. CIA Director Michael Hayden acknowledged [statement text] last month that the CIA had videotaped the interrogation of two al Qaeda suspects in 2002, but said that the tapes had been destroyed in 2005 amid concerns that they could be leaked to the public and compromise the identities of the interrogators. The US Justice Department has opened a criminal probe [JURIST report] into the matter, and multiple congressional inquiries are underway. AP has more.


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