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Legal news from Tuesday, March 4, 2008 |
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Russia ombudsman says president-elect must stand by law, freedoms
Deirdre Jurand on March 4, 2008 6:02 PM ET

[JURIST] The Russian human rights ombudsman [backgrounder] said Tuesday that Russian President-elect Dmitry Medvedev [campaign website, in Russian; BBC profile] has to honor his declared respect for Russian law and freedoms so that Russian courts and police will follow suit. Vladimir Lukin [party profile], a member of the liberal Yabloko party who was appointed as the country's ombudsman in 1997, said that Medvedev must ensure those freedoms and the proper operation of the legal system at all levels of government. Lower courts and small police agencies will not follow the law if it is not enforced up through the highest levels of government, he said. Lukin raised similar concerns in a meeting [transcript] last month with current President Vladimir Putin, stressing that the Russian judicial system is still failing to ensure uniformed enforcement of laws and individual rights. Reuters has more.
The Russian presidential election election has prompted significant public criticism. Election observers from the Parliamentary Assembly of the Council of Europe (PACE) [official website] Monday expressed reservations [JURIST report] about the fairness of the poll, pointing to media restrictions and alleged polling irregularities that hampered opposition candidates. Before the election, Amnesty International expressed concern [JURIST report] that authorities were harassing rights activists and journalists, monitoring opposition demonstrations, and said that police used violence in breaking up some opposition events while allowing pro-government events to proceed without incident.


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ICC prosecutor refuses to meet with representatives of Uganda LRA rebels
Kiely Lewandowski on March 4, 2008 5:53 PM ET

[JURIST] International Criminal Court (ICC) chief prosecutor Luis Moreno-Ocampo [official profile] said Tuesday that he "has not and will not" meet with any member of Uganda's Lord Resistance Army (LRA) [MIPT backgrounder; JURIST news archive]. The statement [PDF text] came in response to reports that representatives of LRA leader Joseph Kony [BBC profile] were planning to meet with him, apparently to seek the withdrawal of ICC warrants [JURIST report] for the arrest of Kony and other LRA leaders. Moreno-Ocampo said: Should the LRA indictees through their legal representatives wish to challenge the admissibility of the Prosecutor's case against Joseph Kony and the three other commanders, they can do so by making an application to the judges. Any LRA legal representative would have to follow the judicial procedures and file applications before the Pre-trial chamber. The process is clear and does not involve the OTP.
For his part, the Prosecutor is confident that his case is admissible. Joseph Kony and other commanders of the LRA have slaughtered entire communities in Northern Uganda. They have abducted thousands of children, transforming them into killers and sex slaves. The arrest warrants issued two years ago against Kony and the three other commanders remain in effect. Other members of the LRA are not sought by the ICC. The LRA has refused to sign a final peace agreement with the Ugandan government unless the ICC withdraws its indictments [ICC materials; JURIST report] of several LRA leaders. The Ugandan government and the LRA have yet to sign a final agreement but reportedly agreed upon the last in a series of key documents related to brokering a peace deal last week. Reuters has more.
The ICC-issued warrants were executed in 2005 and include Kony and LRA senior member Vincent Otti [BBC profiles]. In 2007, Otti was executed by rebels [BBC report], though official confirmation of his death was delayed until January amid fears that it would disrupt peace talks. Kony, who remains in hiding, is wanted for orchestrating the killing of thousands of civilians and the enslavement of thousands more children over two decades of conflict. The LRA and the Ugandan government came to an agreement last month to establish a war crimes court [JURIST report] to prosecute crimes against humanity committed during Uganda's civil war [BBC Q/A]. The government has said that Kony is willing to face trial at home [JURIST report], but not at the ICC.


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ICTR convicts allowed to serve sentences in Rwanda under new agreement
Devin Montgomery on March 4, 2008 5:43 PM ET

[JURIST] Rwandan Foreign Minister Charles Murigande and the registrar of the UN-backed International Criminal Tribunal for Rwanda (ICTR) [official website; JURIST news archive], Adama Dieng [official profile] signed an agreement Tuesday allowing those convicted by the genocide tribunal to serve their sentences in Rwanda. Rwanda joins Benin, France, Italy, Mali, Swaziland and Switzerland as a country qualified to hold those convicted by the court, but under Article 26 of the Statute of the International Criminal Tribunal for Rwanda [PDF text], it is the preferred host providing it meets UN requirements. The agreement was met by protests by current ICTR detainees, who said the transfers would amount to death sentences. ICTR judges will have final say over which detainees will be transferred to the UN-approved detention center in Kigali, Rwanda's capital. AFP has more. Reuters has additional coverage.
The ICTR was established to try genocide suspects for crimes that occurred during the 1994 Rwandan conflict [BBC backgrounder] between Hutus and Tutsis, but in 2007 ICTR announced that it will be unable to complete its work [JURIST report] before its mandate expires in December 2008. ICTR officials plan to transfer uncompleted cases to Rwandan national jurisdiction. Amnesty International has urged the ICTR not to transfer genocide suspects to Rwanda [JURIST report; press release], saying that there are concerns regarding the fairness and impartiality of Rwanda's justice system, and ICTR detainees have staged hunger strikes [JURIST report] in protest at the plan.


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Serbia prosecutors order arrest of suspected US embassy arsonist
Michael Sung on March 4, 2008 9:00 AM ET

[JURIST] Serbian prosecutors on Tuesday ordered the arrest of an unidentified suspect believed to be responsible for the burning of the US embassy [JURIST report] in Belgrade last month. The unidentified suspect, who is facing charges of violating public security and theft, faces a maximum sentence of up to 12 years in prison. On February 22, Serbian demonstrators set fire to the US Embassy in Belgrade [official website] after an estimated 150,000 people gathered to protest Kosovo's unilateral declaration of independence [text; JURIST report].
Last Friday, Serbian police filed criminal charges against 80 people allegedly involved in the attacks on the US and other embassies in Belgrade during protests the Kosovo [JURIST news archive] independence protests. Serbian chief prosecutor Slobodan Radovanovic has said that Serbia is actively searching for the rioters [JURIST report], noting that Serbian police have already arrested over 200 suspects. The United States, Great Britain, Italy, Turkey, France, and Germany have recognized Kosovo's independence [JURIST report]. AP has more.


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Chertoff urges holdout states to comply with REAL ID act
Joshua Pantesco on March 4, 2008 8:19 AM ET

[JURIST] US Secretary of Homeland Security Michael Chertoff [official profile] sent letters to the governors of several states on Monday, urging them to comply with an upcoming deadline to adopt comprehensive driver's license standards to bring their state IDs in line with the requirements of the Real ID Act [PDF text; JURIST news archive]. According to the letter, if holdout states fail to request an extension by the end of March, residents of those states will be unable to board domestic flights using their state IDs beginning in May 2008. Since the REAL ID Act passed in May 2005, several states have passed anti-REAL ID legislation rejecting implementation of the Act. Most recently, Washington passed legislation [JURIST report] with strong support that dictates that the state not spend any money implementing the REAL ID Act unless privacy and security concerns are addressed. Only four states, however, have yet to seek an extension - Maine, New Hampshire, South Carolina, and Montana. New Hampshire governor John Lynch wrote to Chertoff [press release] last week to request that "New Hampshire driver's licenses continue to be acceptable as identification by federal agencies for official purposes after May 11, 2008."
Initially drafted after the Sept. 11 attacks and designed to discourage illegal immigration, the REAL ID Act attempts to make it more difficult for terrorists to fraudulently obtain US driver's licenses and other government IDs by mandating that states require birth certificates or similar documentation and also consult national immigration databases before issuing IDs. The law is also meant to make it more difficult for potential terrorists to board aircraft or enter federal government buildings. After controversy and strenuous opposition from civil libertarians [FindLaw commentary], it finally passed in 2005 [JURIST report] as part of an emergency supplemental appropriations defense spending bill. State lawmakers have previously expressed concern [JURIST report] about possible problems expected to accompany the implementation of the REAL ID Act, fearing that they will not be able to comply with the law's requirements before a May 2008 deadline. In March, Homeland Security responded to these concerns by extending the deadline for compliance by 18 months [JURIST report]. In January, the DHS issued a final rule [text; DHS backgrounder] establishing the new minimum standards [press release; JURIST report] for state-issued identification cards. AP has more.


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