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Legal news from Wednesday, June 11, 2008




UK Commons approves 42-day terrorism detention without charge limit
Deirdre Jurand on June 11, 2008 2:48 PM ET

[JURIST] The UK House of Commons Wednesday voted 315-306 [Sky video] in favor of an amendment to a proposed anti-terror bill [materials; BBC Q/A] that would allow authorities to detain terror suspects without charge for up to 42 days [JURIST news archive]. Rights groups, opposition MPs and even some governing Labour Party backbenchers sharply criticized the measure, but a majority of MPs supported it after it was amended [text; JURIST report] to only apply in cases of "grave and exceptional" terrorist threats. Current British law authorizes detention without charge for 28 days [JURIST report], but bill proponents have argued that this time-limit endangers national security. Prime Minister Gordon Brown has argued for the necessity of the bill [Times column] and told MPs before Wednesday's vote that it is the government's duty [PMQ transcript] to provide such security. The House of Lords must still approve the legislation for it to become law. AFP has more. The Guardian has local coverage.

UK Home Secretary Jacqui Smith first proposed a 42-day detention period [JURIST report] in December 2007. The proposal followed statements made in June 2007 by then-UK Home Secretary John Reid calling for longer pre-charge time limits [JURIST report]. A proposal [JURIST report] was floated last July that would have allowed the extension of the 28-day limit after a declared state of emergency and permitted judges to authorize weekly extensions for up to 56 days subject to parliamentary notification. Former UK Attorney General Lord Goldsmith and European rights commissioner Thomas Hammarberg [JURIST reports] joined backbench MPs and rights activists in speaking out publicly against Smith's 42-day plan.






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Russia president pledges support for rights, press freedom
Mike Rosen-Molina on June 11, 2008 1:51 PM ET

[JURIST] Russian President Dmitry Medvedev [official profile] Wednesday reiterated his commitment to improving Russia's human rights record, preserving an independent media, and enforcing the rule of law. Speaking at the opening of the 10th World Russian Press Congress [RT video report], the former lawyer said said [text]:

Dear friends, this jubilee Congress is taking place on the eve of our national holiday, Russia Day. We are currently in the process of developing our political system. Our immutable guiding lines in this work, today and in the future, are the construction of a just and responsible society, respect for human rights, freedom of the press and freedom of speech and, of course, ensuring the supremacy of the law. This is something I wanted to say especially to this esteemed audience, even though I have spoken frequently on this subject of late.

I think that our present economic achievements and Russia's participation in deciding the problems and programmes of global economic development are also subjects of particular interest to you. These are subjects of concern to all of us, the complex issues that we traditionally name "global challenges."

Finally, we are just as firmly committed to the values of the rule of law and civil society.
Medvedev acknowledged that Russia faces daunting problems related to the growth of racism and fanaticism, and urged the media to take a positive role in fighting those ills. AFP has more. Russia Today has local coverage. Itar-Tass has additional coverage.

Medvedev's comments are the latest indication that he intends to depart from the tight control over the media that characterized predecessor Vladimir Putin's term in office. Last week, Medvedev encouraged the Russian parliament to reject a bill [JURIST report] that would allow officials to close media outlets suspected of spreading libel or slander. The measure, which passed first reading [St. Petersburg Times report] in the Russian parliament by an overwhelming majority on April 25, would amend Russian media law [Article 4 text], expanding the definition of libel to "dissemination of deliberately false information damaging individual honor and dignity" and giving officials more power over the media. Opponents of the new bill see its dismissal by Medvedev as a continuation of his inaugural promise to respect Russian laws and rights [JURIST report].





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Serbia police arrest Bosnia war crimes fugitive wanted by ICTY
Mike Rosen-Molina on June 11, 2008 1:13 PM ET

[JURIST] Former Bosnian Serb police commander Stojan Zupljanin [ICTY indictment] was arrested by Serbian authorities Wednesday. Zupljanin is wanted by the International Tribunal for the former Yugoslavia (ICTY) [official website] on charges of genocide, crimes against humanity, and violations of the laws of war for allegedly killing civilians during the ethnic conflicts of the 1990s. Bosnian Serb leaders Ratko Mladic [BBC profile] and Radovan Karadzic, as well as Croatian Serb war crimes suspect Goran Hadzic [ICTY indictments] still remain at large. Serbian authorities said that Zupljanin would be transfered to the ICTY. AP has more.

ICTY Chief Prosecutor Serge Brammertz [ICC profile; JURIST report] has long criticized Serbia for its seeming reluctance to cooperate with the ICTY, exemplified by its failure to find and capture [JURIST report] the remaining war crimes suspects. Brammertz took over the court's leadership in January, saying that he would continue his predecessor's tough stance on Serbian cooperation [JURIST report] with the tribunal. The EU has made Serbia's cooperation with the ICTY a key element of its membership negotiations [EU accession materials]. Last week, Brammertz vowed to try all war crimes suspects [JURIST report] before the expiration of the ICTY's mandate in 2010.






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Chaudhry joins Pakistan lawyers protest for reinstatement of ousted judges
Mike Rosen-Molina on June 11, 2008 11:30 AM ET

[JURIST] Ousted Pakistan Chief Justice Iftikhar Mohammed Chaudhry [JURIST news archive] Tuesday joined protests [Daily Times report] calling for the restoration of judges ousted by President Pervez Musharraf during his emergency rule [JURIST report] last November. Members of the Pakistan lawyers' movement [New York Times backgrounder] began the protests Monday, following through on last month's promise [JURIST report] to hold a "long march" from city to city if the new government failed to reach agreement on reinstating the judges. The march is scheduled to end with a sit-in at the Parliament in Islamabad later this week, but lawyers have said that the protests will continue until the government restores the judiciary and reverses any unconstitutional actions taken by Musharraf. Chaudhry is scheduled to address lawyers in Lahore later Wednesday before traveling to Islamabad. Pakistan Muslim League-Nawaz (PML-N) [party website] leader Nawaz Sharif is reportedly returning from a trip to London [Andhranews.net report] to also participate in the rallies. AFP has more. From Pakistan, the News has local coverage.

Chaudhry and the other judges were effectively dismissed on November 3 [JURIST report] after Musharraf suspended the country's constitution and declared emergency rule [proclamation, PDF]. An Army major last November locked Chaudhry in his residence [JURIST report]. Chaudhry was ousted as the country anticipated a Supreme Court ruling [JURIST report] on whether Musharraf had been eligible to run for re-election as Pakistan's president while still army chief.






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Federal court revokes US citizenship of former Nazi guard, orders deportation
Deirdre Jurand on June 11, 2008 10:46 AM ET

[JURIST] Judges for the US Court of Appeals for The Third Circuit revoked [opinion, PDF] the US citizenship of a former Nazi guard on Tuesday because he had obtained it illegally. The US Department of Justice alleged [complaint] that Anton Geiser, an 83-year-old Pennsylvania resident, served as an SS guard at two concentration camps before the US government mistakenly granted him a visa in 1956 and then citizenship in 1962. In 2006, a district court judge ordered the revocation [opinion, PDF] of Geiser's citizenship, writing that it was legally necessary [8 USC s. 1451] because the citizenship was based on a visa he was ineligible to receive [Refugee Relief Act of 1953 s. 14]. Under US law, a visa may not be granted to anyone who was involved in persecutions based on "race, religion or national origin." Geiser appealed, arguing that the term "persecution" was ambiguous, but the appellate court denied the claim and affirmed the district court's ruling. AP has more.

The Department of Justice's Office of Special Investigations (OSI) [official website] handles cases, including Geiser's, aimed at denaturalizing or deporting former Nazis who participated in wartime persecutions. In 2002 a judge revoked the US citizenship [JURIST report] of former Nazi concentration camp guard and Ohio resident John Demjanjuk [JURIST news archive] after a judge found that World War II evidence showed he worked in the Nazi concentration camps. In 2006, the US Court of Appeals for the Sixth Circuit refused to overturn [opinion, PDF] a lower court decision upholding the order revoking former Nazi guard Johann Leprich's [JURIST report] citizenship.






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ICTR denies extradition request for Rwanda genocide suspect
Andrew Gilmore on June 11, 2008 9:26 AM ET

[JURIST] The International Criminal Tribunal for Rwanda (ICTR) [official website; JURIST news archive] Friday denied a request to extradite genocide suspect Gaspard Kanyarukiga [TrialWatch profile] to Rwanda for trial. The former businessman is said to have planned and supervised large-scale killings of Tutsis in Rwanda's Kibuye prefecture through a conspiracy with police and government officials. The ICTR ruled [PDF text; ICTR press release] that:

...the Republic of Rwanda has made notable progress in improving its judicial system. Its legal framework contains satisfactory provisions concerning jurisdiction and criminalises Gaspard Kanyarukiga’s alleged conduct. The death penalty has been abolished. However, the Chamber is not satisfied that Kanyarukiga will receive a fair trial if transferred to Rwanda. First, it is concerned that he will not be able to call witnesses residing outside Rwanda to the extent and in a manner which will ensure a fair trial. Second, it accepts that the Defence will face problems in obtaining witnesses residing in Rwanda because they will be afraid to testify. Third, there is a risk that Kanyarukiga, if convicted to life imprisonment there, may risk solitary confinement due to unclear legal provisions in Rwanda.
Kanyarukiga was indicted [indictment, PDF] by the tribunal in December 2001 for his involvement in the 1994 Rwandan genocide [BBC backgrounder; JURIST news archive]. The UN News Centre has more. AFP has additional coverage.

No trial date has been set for Kanyarukiga, who faces charges of genocide, complicity in genocide, conspiracy to commit genocide, and extermination as a crime against humanity. The charges stem from an April 1994 incident in which over 2,000 Tutsi victims were massacred at a Catholic church in the western Rwandan province of Kibuye. In July 2004, Kanyarukiga pleaded not guilty [transcript, PDF; JURIST report] to the charges.





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State Department official defends US rendition practices before House committee
Deirdre Jurand on June 11, 2008 9:02 AM ET

[JURIST] A US State Department official Tuesday defended the transfer of suspects to foreign countries based on diplomatic assurances that they will not face torture there. Speaking before the House Subcommittee on International Organizations, Human Rights, and Oversight [official website], Legal Advisor John Bellinger testified [text] that, under the Convention against Torture [Article 3 text] and US policy, suspects will not be transfered if it is "more likely than not" that they will be tortured. The House subcommittee raised concerns [hearing opening statement, PDF] about the use of diplomatic assurances after Department of Homeland Security investigators reopened an investigation [congressional testimony, PDF; JURIST report] last week into the case of Canadian Syrian-born engineer Maher Arar [advocacy website; JURIST news archive]. Bellinger denied that Arar was a victim of extraordinary rendition [JURIST news archive], instead characterizing his transfer to Syria as an immigration matter. The Toronto Star has more. VOA has additional coverage.

Arar was detained in the US in 2002 on suspicion of being affiliated with al Qaeda after flying to New York from Tunisia on his way home to Canada. He was later deported to Syria, where he was tortured. In October 2007, US lawmakers apologized [JURIST report] to Arar during a joint hearing of the House Foreign Affairs Committee [official website]. Secretary of State Condoleezza Rice testified [recorded video] in front of the same committee that Arar's rendition was not "handled as it should have been," but stopped short of apologizing. Rice added that the US government has told the Canadian government that it will "try to do better in the future." In January 2007, Canadian Prime Minister Stephen Harper apologized to Arar [JURIST report] on behalf of the Canadian government and announced a settlement of $10.5 million (CAD) compensation for pain and suffering.






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Criticism of UN rights chief search process 'absurd': Secretary-General spokesperson
Nick Fiske on June 11, 2008 8:21 AM ET

[JURIST] A spokesperson for UN Secretary-General Ban Ki-moon [official profile] Tuesday defended [UN press brief] the UN's process for choosing a new UN High Commissioner for Human Rights. The current Commissioner, Louise Arbour [official profile], announced [JURIST report] in March that she would not seek a second term and plans to step down on June 30, but many have strongly criticized the selection process for her successor due to an alleged lack of transparency. At a daily UN press briefing, Marie Okabe, Deputy Spokesperson for the Secretary-General, commented:

The idea circulated by some that the process represents some kind of cosy insider deal is absurd and even offensive. The Secretary-General’s objective is to identify the best qualified candidate who can enjoy the broadest possible support from all stakeholders. We have consulted widely with every group and constituency represented at the UN -- UN Member States, NGOs and human rights groups. We have followed standard procedures for senior appointments made by the Secretary-General. Our goal from the outset was to establish clear and vigorous standards timelines and a list of candidates from the widest possible pool. This was done by soliciting nominations from Member States, complemented by the Secretary-General’s own research efforts and nominations received from other sources, including international NGOs and human rights organizations. Recently, the Deputy Secretary-General and the Chef de Cabinet met with representatives of the human rights community to discuss various aspects relating to this critical appointment. We will continue these consultations.

Following a thorough review process, a shortlist of candidates has been drawn up. All have been interviewed by a panel of senior officials in accordance with procedures governing senior appointments made by the Secretary-General. The names of the shortlisted candidates have not been made public to protect their right to privacy. The Secretary-General will interview the finalists before making his final decision prior to sending his nomination to the General Assembly.
Supporters of the process contend that keeping the shortlist confidential will prevent UN Member States from increasing lobbying efforts and unfairly influencing the selection. Reuters has more.

Critics of the process have called for public scrutiny of potential candidates and increased autonomy for the position. In March, Amnesty International and Human Rights Watch [advocacy websites] issued an open letter [full text] asking the UN Secretary-General to release the UN's list of qualifications for the position, and specifically requested that the shortlist of candidates be made public. Advocacy group Avaaz.org [advocacy website; selection process blog] posted a recruitment ad [PDF, New York Times report] on the website of The Economist Monday, calling for an individual "independent of governmental pressure" and of the "highest moral standing" to apply for the position.





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Indonesia bound to protect Islamic sect under rights treaty: HRW
Nick Fiske on June 11, 2008 8:01 AM ET

[JURIST] Human Rights Watch (HRW) [advocacy website] Tuesday renewed its call for Indonesia to protect freedom of religion when it stated that the Indonesian government should reverse a decree [HRW reports] issued Monday that provides for the prosecution of members of a controversial Islamic sect who continue to spread the religion. Under the decree, Ahmadiyah Muslims face up to five years in prison if they continue to promote their beliefs, which are considered heretical by many mainstream Islamic groups. Noting that Indonesia ratified the International Covenant on Civil and Political Rights [full text] in February 2006, HRW asked the government to recognize its obligations under the agreement and to protect the group from a recent surge of violence perpetrated by militant orthodox Muslims. More than 60 Indonesians have been injured in recent attacks on Ahmadiyah Muslims. BBC News has more.

Ahmadiyah Muslims believe that Mohammad was not the final prophet, and the sect has been prohibited from practicing its religion in Pakistan and Saudi Arabia. Violence against the group has escalated following a recommendation by an Indonesian government council that the group be banned [DPA report] because its beliefs deviate from the Koran. Also on Tuesday, Indonesian Vice President Jusuf Kalla explained [Reuters report] that Ahmadiyah Muslims are still free to worship in mosques and their own homes so long as they do not try to convert other Muslims. Kalla added that the decree was in line with Indonesia's constitution and denied that the government had failed to protect members of the Ahmadiyah sect at a rally [AFP report] against the impending mandate last week in Jakarta that left dozens of protesters injured following an attack by the Islamic Defender Front, a radical Islamic group.






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