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Legal news from Thursday, July 23, 2009




ICTY appeals chamber rules on interfering with Haradinaj witnesses
Jaclyn Belczyk on July 23, 2009 4:05 PM ET

[JURIST] The appeals chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] on Thursday reversed the contempt conviction [press release; judgment summary, PDF] of Astrit Haraqija and affirmed the conviction of Bajrush Morina for interfering with a witness during the trial of former Kosovo Albanian military leader Ramush Haradinaj [ICTY materials, PDF; JURIST news archive]. The two prominent Kosovar Albanians were found guilty of contempt [JURIST report] in December. Haraqija, former Kosovo minister for Culture, Youth, and Sport, was sentenced to five months in prison, and Morina, former political advisor to the Deputy Minister of Culture, Youth, and Sport and a part-time journalist was sentenced to three months. The trial chamber found that Haraqija exercised influence over Morina and that Morina told a witness that other witnesses who had testified against Haradinaj had been killed. The appeals chamber reversed Haraqija's conviction, finding insufficient evidence, but rejected all of Morina's grounds for appeal. Both Haraqija and Morina have been on provisional release since completing their sentences.

Last July, the ICTY convicted a Kosovar journalist [JURIST report] of exposing the identity of a witness involved with the Haradinaj trial. Haradinaj was a senior commander of the Kosovo Liberation Army (KLA) [GlobalSecurity backgrounder], the ethnic Albanian guerrilla force that opposed Slobodan Milosevic [JURIST news archive] during the 1998-1999 Kosovo war [BBC backgrounder]. He was indicted [initial indictment text] by ICTY prosecutors in 2005. Haradinaj was acquitted [JURIST report] in April 2008, but former chief prosecutor Carla Del Ponte’s claims of witness intimidation have brought the proceedings under scrutiny. Prosecutors are now appealing.






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Sri Lanka IMF loan should be contingent on human rights progress: HRW
Jaclyn Belczyk on July 23, 2009 2:14 PM ET

[JURIST] The International Monetary Fund (IMF) [official website] should require the Sri Lankan government to address human rights abuses [press release] as a condition for a USD $2.5 billion emergency loan, Human Rights Watch (HRW) [advocacy website] said Thursday. HRW claims that even after the 25-year civil war between the government of Sri Lanka and the Liberation Tigers of Tamil Eelam (LTTE) [JURIST news archive] ended two months ago, the government continues to illegally hold more than 280,000 detainees. HRW Asia director Brad Adams said, "[t]o approve a loan, especially $600 million more than the government even asked for, while they have hundreds of thousands of people penned up in these camps is a reward for bad behavior, not an incentive to improve." The IMF is scheduled to vote on the loan on Friday.

Last month, HRW called for an international commission [JURIST report] to investigate human rights abuses that allegedly occurred during the civil war after a Sri Lankan government official announced that an internal investigation [JURIST reports] into human rights abuses during the conflict had ended. The announcement that the internal investigation had ended came just days after Amnesty International (AI) [advocacy website] urged [JURIST report] the Sri Lankan government to conduct a more serious inquiry into possible human rights abuse cases, including the killing of 17 aid workers. UN Secretary-General Ban Ki-moon [official website] recently asked [JURIST report] Sri Lanka's government to conduct a "proper investigation" of any "credible allegations of violations of humanitarian law" arising from the recent conflict between the government and the LTTE. In May, the Council of the European Union [official website] called for an independent inquiry [JURIST report] into possible war crimes committed during fighting between the Sri Lankan government and LTTE. In March, the Sri Lankan government denied [JURIST report] allegations by UN High Commissioner for Human Rights Navi Pillay [official profile; JURIST news archive] that 2,800 civilian deaths caused by recent military action against the LTTE may constitute war crimes.






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Mumbai terror attack trial to continue despite confession
Jaclyn Belczyk on July 23, 2009 1:03 PM ET

[JURIST] The trial of Mumbai terror attack [BBC backgrounder; JURIST news archive] suspect Mohammed Ajmal Amir Kasab will continue in an Indian court, despite Kasab's admission of guilt [JURIST report], a judge ruled Thursday. Judge ML Tahilyani ruled that Kasab's confession was incomplete [NYT report], but should be entered into the record. Kasab, the only captured gunman from the attacks, is faced with 86 charges stemming from his participation in last November's killings. On Monday, he interrupted his trial to tell the court that he and several others traveled from their native Pakistan to India to commit the attack, which claimed at least 170 lives at ten locations across the city.

On Saturday, a Pakistani anti-terrorism court began the trial [JURIST report] of five men allegedly belonging to the Lashkar-e-Taiba [GlobalSecurity backgrounder] militant group suspected of planning and coordinating the terror attacks. Two Indian defendants linked to the group have pleaded not guilty [AFP report] to charges related to Kasab's alleged acts and are being tried in an Indian court. In February, Pakistani officials conceded [JURIST report] that the attacks were partially planned in their country, and have also stated that the perpetrators traveled by ship [NYT report] from southern Pakistan to Mumbai, where they launched the attack from inflatable boats using outboard engines purchased in Karachi, Pakistan. One scholar suggested that an international tribunal be formed [JURIST op-ed] to prosecute persons involved in Mumbai attacks in order to avoid damaging the already-unstable relationship between Pakistan and India.






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UN rights investigators denied access to Guantanamo detention facility
Jaclyn Belczyk on July 23, 2009 11:35 AM ET

[JURIST] The US government has turned down requests from two separate UN investigators to visit the prison facility at Guantanamo Bay [JURIST news archive], the Washington Post reported [text] Thursday. UN special rapporteur on torture Manfred Nowak and UN special rapporteur on human rights and counterterrorism Martin Scheinin [official websites] had each requested access to the facility as well as detailed information about the detention center and detainees. Nowak also requested interviews with several high-value detainees, but the requests were denied. US officials have said they are willing to cooperate with UN investigators but are unable to share secret intelligence information. While UN officials concede that the Obama administration is no longer engaging in many of the controversial practices of the Bush administration, Scheinin indicated that he is concerned that other countries are still citing US policies to justify abusive practices. Also Thursday, US Vice President Joe Biden [official profile] said that Guantanamo will close by January [AFP report].

Also this week, White House officials said that a report on the closure of the military prison at Guantanamo Bay will be delayed [JURIST report] for six months. Despite the delay, White House officials said they remain confident that the facility will be shut down by January, in order to comply with Obama's executive order [text; JURIST report]. Earlier this month, it was reported that US Attorney General Eric Holder [official profile] is still considering appointing a special prosecutor to investigate allegations of torture during the Bush administration.






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Rights group urges Cambodia tribunal to end perception of government interference
Abigail Salisbury on July 23, 2009 10:25 AM ET

[JURIST] Human Rights Watch (HRW) [advocacy website] on Wednesday called [press release] on the pre-trial chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website] to determine the scope of its prosecutions "to thwart growing perceptions that court decisions are directed by the government." HRW's urging comes in response to a statement made by Cambodian Prime Minister Hun Sen [BBC profile] last week that the ECCC, a UN-backed tribunal assembled to try former Khmer Rouge [BBC backgrounder] leaders, should not prosecute any suspects beyond the five currently in custody. The ECCC has been plagued by accusations of corruption, and HRW has long stated that verdicts could be tainted due to failure to follow fair trial standards [JURIST report].

The ECCC is currently trying its first case against former Khmer Rouge leader Kaing Guek Eav [TrialWatch backgrounder, JURIST news archive], also known as "Duch." In June, the court found that Kaing had been unlawfully held [JURIST report] by a Cambodian military court for the past 10 years, but denied a defense request for his release. In late April, Kaing admitted to training prison staff to use torture [JURIST report] to obtain confessions from prisoners, after he accepted responsibility [JURIST report] for the deaths of 12,000 Cambodians in the S-21 prison camp [backgrounder].






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Senate terminates federal judge impeachment proceedings
Jaclyn Belczyk on July 23, 2009 10:16 AM ET

[JURIST] The US Senate [official website] on Wednesday dismissed articles of impeachment [text, PDF] for former federal judge Samuel Kent [JURIST news archive]. The decision to terminate impeachment proceedings came after the White House accepted Kent's resignation [JURIST reports] last month. Kent resigned at the end of June after the US House of Representatives [official website] voted to impeach him [JURIST report]. Kent is the first federal judge to be impeached in 20 years, and only the thirteenth federal judge ever to be impeached.

Earlier last month, Kent submitted a letter of resignation [JURIST report] that would have been effective June 2010, allowing him to collect his $174,000 annual salary and full health benefits until then. In May, Kent pleaded guilty [JURIST report] to obstruction of justice [18 USC § 1512(c)(2) text] charges in connection with the alleged sexual harassment of his secretary and former case manager as part of a plea agreement [text, PDF] that prevented him from facing a criminal trial. Following his plea, he was sentenced [JURIST report] to 33 months in prison and ordered to pay a $1,000 fine and $6,500 in restitution.






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Intel appeals European Commission 1.06 billion euro fine for antitrust violations
Jaclyn Belczyk on July 23, 2009 9:32 AM ET

[JURIST] Computer chip maker Intel Corp. [corporate website] on Wednesday filed an appeal with the European Court of First Instance [official website] challenging a May European Commission (EC) [official website] ruling fining Intel €1.06 billion [JURIST] for violating European Union antitrust laws. The EC ruled that Intel violated the laws [Article 82 backgrounder] by giving computer companies rebates to purchase nearly all of their supplies from Intel and paying companies not to use products made by Advanced Micro Devices (AMD) [corporate website], Intel's main competitor. The appeal has not been made public, but Intel spokesperson Chuck Mulloy said that one of the arguments was that the fine is excessive [San Jose Mercury News report] and in violation of European human rights law. The court will likely issue a summary of the appeal [WSJ report] in September.

Intel has faced numerous antitrust suits [JURIST news archive]. Last June, the US Federal Trade Commission (FTC) [official website] opened a probe against Intel [JURIST report] for anti-competitive behavior. Last year, the Korean Fair Trade Commission (KFTC) [official website] fined Intel nearly $26 million [JURIST report] after a KFTC probe [JURIST report] found that the company had engaged in anti-competitive practices. The state of New York opened an antitrust probe [JURIST report] into Intel's actions and AMD also filed [JURIST report] a civil suit [complaint, PDF; Intel response] against the company last year.






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Missing Russia human rights activist found dead
Abigail Salisbury on July 23, 2009 8:44 AM ET

[JURIST] Russian officials announced on Wednesday that the body of Russian human rights activist Andrei Kulagin had been found in a quarry. Kulagin, the former head of rights group Spravedlivost, had been missing since May [AP report]. Although officials did not comment on the cause of death, Spravedlivost director Andrei Stolbunov believes Kulagin was murdered. The announcement comes just days after Russian President Dmitry Medvedev [official profile] approved amendments [JURIST report; summary, in Russian] to regulations governing non-governmental organizations (NGOs), loosening and simplifying registration requirements for the groups. The amendments eased reporting and auditing provisions and eliminated a requirement that the groups prove they are not a threat to the Russian state or identity.

Several human rights advocates have been killed in Russia in recent years. Last week, Russian activist Natalia Estemirova [BBC obituary] was reportedly kidnapped and murdered [JURIST report]. Estemirova had investigated allegations of human rights violations in Chechnya for about 10 years. A Kremlin spokesperson said opposition to her activism was likely the motive for her murder, and Medvedev has ordered an inquiry [BBC report] into the killing. In April, Russian Human Rights Commissioner Vladimir Lukin [official profile] expressed concern [JURIST report] that activists in Russia were being attacked with greater frequency. In January, Russian human rights lawyer Stanislav Markelov was shot and killed [JURIST report] in Moscow. Markelov had represented journalist Anna Politkovskaya [BBC obituary], who was shot to death [JURIST report] in October 2006.






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Ex-Credit Suisse broker pleads guilty to fraud and conspiracy
Brian Jackson on July 23, 2009 8:27 AM ET

[JURIST] Former Credit Suisse broker Julian Tzolov pleaded guilty Wednesday to multiple counts of fraud and conspiracy before the US District Court for the Eastern District of New York [official website]. Tzolov is accused [complaint, PDF; JURIST report] of defrauding clients out of more than $400 million [WSJ report] by selling high-risk, mortgage-backed securities to clients who requested low-risk investments, in violation of the Securities Exchange Act of 1934, the Securities Act of 1933, and other SEC regulations [text]. Tzolov, who was captured last week in Spain [Bloomberg report] after violating the terms of his bail in early June, faces up to 20 years in prison for each count of fraud.

In light of the numerous acts of financial fraud that have been reported, the Obama administration has made protecting consumers a top priority. Last week, Securities and Exchange Commission chairperson Mary Schapiro pledged policy changes [JURIST report] that would improve the odds of preventing investment fraud. In May, the House of Representatives passed the Senate version [JURIST report] of the credit card holders' bill of rights, which the president signed the following day [press release]. Just two days prior, Obama signed [JURIST report] the Fraud Enforcement and Recovery Act, strengthening criminal laws against financial fraud.






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Pakistan high court summons Musharraf to explain emergency rule declaration
Devin Montgomery on July 23, 2009 8:18 AM ET

[JURIST] The Supreme Court of Pakistan [official website] on Wednesday summoned former president Pervez Musharraf [JURIST news archive] to appear before the court and justify his November 2007 declaration of emergency rule [JURIST report] in the country. Under the rules, Musharraf had dismissed [JURIST report] many members of the country's judiciary, including Chief Justice Iftikhar Mohammed Chaudhry [official profile; JURIST news archive]. Musharraf had argued that the courts had interfered with his ability to combat extremist rebels in the country and that his action was permissible under Article 232 of Pakistan's constitution [text]. That claim was rejected by the Supreme Court at the time, but was later upheld [JURIST report] by a court reconstituted by Musharraf after the dismissal of the existing justices. The order calls for Musharraf to appear before the court on July 29. Legal experts from the country say that the order is not binding [Daily Times report] on Musharraf, but that it may signal possible further action against the former leader.

Last August, Musharraf resigned from office [press release; JURIST report] in order to avoid impeachment proceedings by the country's parliament. Earlier that month, the country's coalition government said that it would push to impeach Musharraf because he had given a "clear commitment" to step down from office after his party was defeated in parliamentary elections [JURIST reports]. In June 2008, former Pakistani prime minister Nawaz Sharif [JURIST news archive] called for Musharraf to be tried for treason [JURIST report], labeling him a traitor disloyal to Pakistan and saying he should be punished for the "damage" that he had done to the country in the years since he led a military coup [BBC backgrounder] and unseated Sharif in 1999.






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Senate narrowly rejects amendment to allow concealed firearms across state lines
Brian Jackson on July 23, 2009 7:34 AM ET

[JURIST] The US Senate [official website] on Wednesday rejected [roll call vote] a proposed amendment to a military appropriations bill [SR 1390 materials] that would allow individuals with permits to carry concealed firearms across state lines. The amendment [S.AMDT.1618 materials] was proposed by Senator John Thune (R-SD) [official profile] and had been a hotly contested issue, reflected by the 58-39 vote. Sixty votes were needed for passage. Thune expressed disappointment [press release] at the result, saying that the amendment had succumbed to "overheated rhetoric and fearmongering." The National Rifle Association [advocacy website], which had urged senators to vote for the amendment, viewed the narrow defeat as a victory [press release], noting that a majority of senators had voted for passage.

Wednesday's vote was the latest in a series of events surrounding gun-owners' rights in 2009. In early June, the US Court of Appeals for the Seventh Circuit declined to apply the Second Amendment to the states [JURIST report] and upheld handgun bans in two Illinois municipalities. In May, the House of Representatives passed an amendment to the credit card holders' bill of rights that would allow individuals to carry firearms in National Parks [JURIST report]. The amendment may have been in response to a March ruling by the US District Court for the District of Columbia enjoining a federal rule [JURIST report] which allowed concealed weapons to be carried in National Parks, as long as the individual is in compliance with state law.






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