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Legal news from Monday, May 25, 2009




Russia Duma passes bill limiting autonomy of Constitutional Court
Jay Carmella on May 25, 2009 6:34 PM ET

[JURIST] The Russian State Duma [official website, in Russian] passed a bill on Friday that would end the ability of the country's Constitutional Court [official website] to select its president and double the length of the court president's term. The bill was approved in its third reading by a final vote of 352-57 [St. Petersberg Times report]. Under the legislative amendments [JURIST report], the president of the court would be chosen by the Russian Federation Council [official website, in Russian], or upper house of parliament, instead of by members of the court. Critics of the legislation have argued [Telegraph report] that the move is an attempt by Russian Prime Minister Vladimir Putin [official website] to limit potential challenges in the Constitutional Court should he try to run for another presidential term.

In January, amendments [JURIST report] to the Russian Constitution [materials, in Russian] extending term limits for the president and members of parliament officially took effect. The amendments extending presidential terms from four to six years and terms for parliament members from four to five years were signed into law [JURIST report] by Medvedev in December. Medvedev proposed the changes in his first state of the nation [text; JURIST report] address in November. Critics fear the extension of presidential terms was designed to afford a longer third term for Putin should Medvedev step aside. Kremlin officials contend the amendments strengthen the political system.






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New Mongolia president pledges to fight corruption, redistribute mining wealth
Jay Carmella on May 25, 2009 4:47 PM ET

[JURIST] Mongolia Democratic Party [party website, in Mongolian] presidential candidate Tsakhiagiin Elbegdorj [Taipei Times profile] on Monday defeated current president Nambar Enkhbayar [official website, in Mongolian] in the country's general election. Educated in the US, Elbegborj ran on a platform of fighting corruption [Xinhua report] and redistributing profits from the country's mining operations to Mongolian residents. Enkhbayar's Communist Party had originally refuted claims that Elbegdorj had won the election, but later accepted the results [BBC report]. Elbegdorj was briefly Prime Minister in 1998 and again in 2004 [BBC report]. Mongolian police have said they are on alert for any potential violence linked to the election results.

Last year, Enkhbayar declared a state of emergency [JURIST report] following protests against the results of parliamentary elections in the country. At least five people were killed and more than 700 people were detained as a result of the protests. The Democratic Party had called for new elections [Reuters report] because of alleged fraud, but Enkhbayar has said that both parties have agreed to address the riots under established law [Xinhua report].






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Former Bosnian Serb leader Karadzic renews ICTY immunity claim
Adrienne Lester on May 25, 2009 12:50 PM ET

[JURIST] Former Bosnian Serb leader and war crimes suspect Radovan Karadzic [ICTY materials; JURIST news archive] on Monday filed a motion [text, PDF] renewing his claim that that International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] should drop charges against him because of a deal he made with former US ambassador to the UN Richard Holbrooke [PBS profile]. Karadzic has claimed that Holbrooke promised him immunity [JURIST report] from prosecution if he voluntarily left power in 1996. Karadzic alleged there were two first hand witnesses to the agreement, former Bosnian Serb assembly speaker Momcilo Krajisnik [ICTY backgrounder; JURIST report] and foreign minister Aleksa Buha, and asked the court to hold an evidentiary hearing on the matter. He also argued that even if Holbrooke lacked actual authority to make the deal, that Karadzic reasonably relied on his apparent authority to do so, and that it should be honored. 

In April 2009, the appeals chamber of the ICTY upheld a December 2008 ruling that there was no valid immunity deal [JURIST report] between Karadzic and Holbrooke, and that even if such an agreement had existed, it would not be valid under international law. Holbrooke has denied Karadzic's allegations and prosecutors say they have found no documents that verify any such deal existed. Karadzic has twice refused to enter pleas [JURIST report] to 11 charges against him, including genocide, murder, persecution, deportation, and "other inhumane acts," for war crimes allegedly committed during the 1992-1995 Bosnian war, including the 1995 Srebrenica massacre [BBC backgrounder; JURIST news archive]. Karadzic was originally indicted [indictment text] by the ICTY in 1995, but had been in hiding under an assumed identity until his arrest last year [JURIST report].






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UN SG condemns North Korea nuclear test, Security Council to hold emergency meeting
Adrienne Lester on May 25, 2009 10:50 AM ET

[JURIST] UN Secretary General Ban Ki-Moon [official profile] and other world leaders on Monday condemned [statement text] a North Korea [JURIST news archive] nuclear weapon test held earlier in the day. The test violates a 2006 UN Security Council [official website] ban on nuclear or missile tests [Resolution 1718 text; JURIST report] by the country, and the body announced [UN News Centre report] Monday that it would immediately hold a meeting to discuss the test. In statement by Ki-moon's spokesperson, he said he was "deeply concerned" by the tests and urged North Korea to restart talks to end its nuclear program:

The Secretary-General strongly deplores the conduct of an underground nuclear test by the Democratic People[']s Republic of Korea (DPRK), in clear and grave violation of the relevant Security Council resolutions.

The Secretary-General is deeply concerned that this act will negatively affect regional peace and stability as well as the global nuclear non-proliferation regime.

The Secretary-General reiterates his conviction that differences should be resolved in a peaceful manner through dialogue. He urges the DPRK to refrain from taking further actions that would increase tensions in the region. He also insists that the DPRK comply with its obligations in full and restart dialogue with the parties concerned without delay, including the early resumption of the Six-Party Talks.
In April 2009, North Korea ordered UN nuclear inspectors out [press release] of the country. In October 2008, International Atomic Energy Agency (IAEA) [official website] head Mohamed ElBaradei [BBC profile] said he wants North Korea to return [JURIST report] to the Nuclear Non-Proliferation Treaty [text, PDF; IAEA backgrounder] after a five-year absence. In 2007, North Korea agreed that it would end its nuclear weapons program [JURIST report] in exchange for aid as part of a multi-stage initiative by the Six Party Talks [CFR backgrounder].





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