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Legal news from Sunday, February 17, 2008




HRW urges Kenya to end impunity for human rights offenders
Devin Montgomery on February 17, 2008 4:15 PM ET

[JURIST] Human Rights Watch [advocacy website] on Sunday called on Kenya's political leaders to enact reforms that would hold both recent and past human rights violators accountable for their actions in order to ensure lasting stability in the country. HRW's statement [text] praised efforts by former UN Secretary-General Kofi Annan [official profile] to broker a deal between ruling and opposition parties to bring an end to the violence resulting from the country's hotly disputed 2007 presidential election [JURIST reports], but also called for broader judicial and institutional reforms that would address past incidents of political violence during the 1990s. HRW noted that past task forces have tried to address these problems but were ineffective because either their findings were suppressed or their recommendations were not implemented. "Ensuring accountability and implementing reforms will not be easy, but sweeping these issues under the rug again will hinder efforts for lasting peace and justice," Africa director at Human Rights Watch Georgette Gagnon said in the statement. Bloomberg has more.

In all, almost 1,000 people have been killed and 250,000 displaced since protests of the election began in late December. Thirteen nations, including several European Union members and the United States, have threatened to cut off aid [JURIST report] to Kenya's government until the crisis is resolved and democracy is restored. The opposition party, the Orange Democratic Movement filed a formal complaint [JURIST report] on January 22 with the International Criminal Court, alleging that President Mwai Kibaki's administration has committed crimes against humanity while using force against demonstrators. The Kenyan National Commission on Human Rights launched an official investigation [KNCHR brief; Standard report] into the alleged human rights violations on January 26. Kibaki and opposition candidate Raila Odinga last week reached a tentative deal to draft a new constitution [JURIST report] and the two sides have also agreed to conduct an independent review of election results [AP report].






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Kosovo parliament adopts declaration of independence from Serbia
Benjamin Klein on February 17, 2008 3:40 PM ET

[JURIST] The Assembly of Kosovo [official website] on Sunday declared the disputed territory independent [recorded video via BBC News] from Serbia, formally marking the erstwhile Serbian province's bid to become "an independent, democratic and sovereign state." Kosovo's Prime Minister Hashim Thaci [official website, in Albanian; BBC profile], President Fatmir Sejdiu [official website, in Albanian] and members of parliament overwhelmingly approved the Declaration of Independence [text] which called for the creation of a "democratic, secular and multi-ethnic republic, guided by the principles of non-discrimination and equal protection under the law." Thaci signed and sent 192 letters to nations around the world requesting that they recognize Kosovo as an independent state. Kosovo [JURIST news archive], now overwhelmingly populated by ethnic Albanians with only a small minority of Serbs, expects recognition by the US and several other European powers when all EU foreign ministers convene in Brussels on Monday.

Kosovo's decision to declare unilateral independence and to appeal directly to the US and European powers for recognition has generated fierce criticism from Serbia and Russia. The Serbian government, which immediately denounced the unilateral declaration as illegal [press release], formally condemned the proposed secession [text; JURIST report] last Thursday as null and void and in violation of "the sovereignty and territorial integrity of the Republic of Serbia guaranteed by the Constitution of the Republic of Serbia, the United Nations Charter, Security Council Resolution 1244 (1999), other relevant Security Council Resolutions as well as by international law in force." Russia also rejected the declaration, warning that such unilateral action without the approval of the United Nations sets a dangerous precedent for "frozen conflicts" around the world. So far, three EU states - Cyprus, Romania and Slovakia - have said they will not recognize an independent Kosovo. The UN Security Council [official website] announced it would hold an emergency session [AP report] on Sunday afternoon at the request of Russian diplomats. AP has more. BBC News has additional coverage.






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South Korea president-elect questioned in fraud probe
Devin Montgomery on February 17, 2008 3:09 PM ET

[JURIST] South Korean President-elect Lee Myung-bak [official website] was questioned Sunday by a special prosecutor's team regarding his alleged involvement in a 2001 stock manipulation scheme involving a former business partner and the investment firm BBK [corporate website]. Lee, former mayor of Seoul, had previously been cleared of the allegations, but the Constituional Court of Korea [official website, in Korean] in January allowed the appointment a special prosecutor [JURIST report] after a video surfaced allegedly linking Lee to BBK. Lee has denied any wrongdoing and an official from the special prosecutor's office said he was cooperating with the investigation.

The 40-day window for the special investigation will expire on February 23, just two days before Lee takes office on February 25. South Korea [JURIST news archive] grants immunity to sitting presidents for all criminal lawsuits outside of very serious crimes. Lee won a landslide victory [BBC report] in South Korea's presidential election in December, despite the fraud claims. AP has more. The Korea Times has local coverage.






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Chief Guantanamo interrogator says most info not forced from detainees
Eric Firkel on February 17, 2008 11:16 AM ET

[JURIST] Paul Rester, chief military interrogator at Guantanamo Bay [JURIST news archive] and director of the Joint Intelligence Group, said in an interview with AP published Saturday that most of the intelligence obtained from detainees at the prison has come through non-coercive questioning and "rapport building," not harsh interrogation methods like waterboarding [JURIST news archive] which have featured heavily in media reports. He acknowledged that two Guantanamo detainees were given "rougher treatment": Mohammed al Qahtani [JURIST news archive], the alleged "20th hijacker" on September 11 who was intercepted by US immigration officials, and an unidentified detainee who recruited lead hijacker Mohamed Atta. Rester claimed that accounts by FBI agents and others who claim to have personally witnessed more coercive techniques of interrogation at Gitmo are not credible. AP has more.

A study [PDF text; JURIST report] released Thursday by professors and students at Seton Hall University School of Law revealed that thousands of interrogations of suspected terrorists held at Guantanamo Bay, Cuba, were videotaped. The study cited internal US military reports saying that more than 24,000 interrogations took place at Guantanamo over a three-year period and that all detainee interviews were recorded.






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Spain confirms arrests of remaining 2006 Madrid airport bombing suspects
Eric Firkel on February 17, 2008 10:41 AM ET

[JURIST] Spanish officials said Saturday the remaining members of Basque separatist group ETA [BBC backgrounder; JURIST news archive] allegedly involved in the December 2006 Madrid airport bombing [CNN report] were arrested Friday in France. The suspects, Mikel San Sebastian and Joseba Iturbide, were reportedly members of the Elurra commando, one of the most active factions of the armed Basque separatist movement. The Spanish Interior Ministry [official website, in Spanish] lauded French cooperation in the effort and said that the arrests complete the dismantling of th Elurra commando.

The 2006 airport bombing killed two Ecuadoran men and shattered a 15-month ETA ceasefire, which was officially called off in June 2007. ETA has been blamed for more than 800 deaths in bombings and attacks since the 1960s. ETA is considered a terrorist group and seeks an independent Basque state in northern Spain. AFP has more.






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