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Legal news from Sunday, January 24, 2010




Italy PM Berlusconi may face third corruption trial: reports
Amelia Mathias on January 24, 2010 3:27 PM ET

[JURIST] Italian Prime Minister Silvio Berlusconi [BBC profile; JURIST news archive] could face a third corruption trial based on new information that recently surfaced, according to Saturday reports. Berlusconi, who is already facing two separate trials on charges of corruption and bribery, is accused of embezzlement and tax fraud related to his television company Mediaset [official website, in Italian], though his lawyers have dismissed any substance to the charges [Reuters report]. Berlusconi's son and 11 other members of Mediaset's board are also implicated [Times report]. A Milan judge will decide if there is enough evidence to hold a trial, which could begin as early as February [AFP report].

In October, the Italian Constitutional Court [official website, in Italian] struck down a 2008 law granting immunity [JURIST report] to Berlusconi and four others, allowing charges to be reinstated. Earlier this week, the Italian Senate approved a bill [JURIST report] to place time limits on the trial process, which would have the effect of dismissing charges against Berlusconi. Last week, Italian judges postponed [JURIST report] Berlusconi's corruption trial at his lawyers' request. He is charged with paying his British lawyer David Mills [JURIST news archive] to provide false testimony in two trials involving Mediaset. Berlusconi's tax fraud trial has also been postponed [JURIST report]. Berlusconi has been previously acquitted of false accounting and bribery [JURIST reports], and has had some other charges against him dropped [JURIST report].






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Russia PM calls for human rights protections in Caucasus region
Amelia Mathias on January 24, 2010 11:56 AM ET

[JURIST] Russian Prime Minister Vladimir Putin [official website, in Russian; JURIST news archive] on Saturday called [transcript, in Russian] for a new age of human rights and safety in the embattled Caucasus region of Russia, where the killings of journalists and human rights activists have become increasingly common. The announcement comes in tandem with the appointment of Aleksandr Khloponin [RT report] as new presidential envoy to the area. Speaking at a meeting on the development of the North Caucasus Federal District, Putin said:


I invite representatives of regional authorities, representatives of local authorities, and law enforcement agencies to do everything possible to ensure proper operation and functioning of human rights organizations, those working within the framework of existing legislation in Russia to help people.

Deaths of human rights workers are often blamed on the local police and security forces [WP report], who rarely face charges.

In October, the UN published a report on reforms Russia must take to protect human rights, highlighting the Caucasus region [JURIST report]. The UN report came less than a week after prominent opposition leader and human rights activist in Russia's southern province of Ingushetia [official website, in Russian], Maksharip Aushev, was shot dead [JURIST report] while traveling on a highway in the North Caucasus region of Kabardino-Balkaria. In August, Chechen human rights activist Zarema Sadulayeva and her husband Alik Dzhabrailov were found dead [JURIST report]. Sadulayeva's death came less than a month after the death [JURIST report] of activist Natalia Estemirova. Also in July, the body of Russian human rights activist Andrei Kulagin [JURIST report], missing since May, was found in a quarry. In April, Russian Human Rights Commissioner Vladimir Lukin expressed concern [JURIST report] that activists in Russia were being attacked with greater frequency.





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US to appeal dismissal of charges against Blackwater guards: Biden
Steve Czajkowski on January 24, 2010 10:53 AM ET

[JURIST] US Vice President Joe Biden [official profile] announced [YouTube video] Saturday that the US will appeal a ruling [opinion, PDF; JURIST report] dismissing voluntary manslaughter and weapons charges against five Blackwater [JURIST news archive] guards who were indicted for their involvement in the deaths of 17 Iraqi civilians [JURIST report] in September 2007. Biden made the announcement during a visit to Baghdad where he met with Iraqi political leaders to help deal with issues over parliamentary elections [NYT report] scheduled for March. Biden expressed personal regret over the shootings and said that while the charges were dismissed, that was not the same as the men being acquitted. Biden added:


The United States is determined to hold accountable anyone who commits crimes against the Iraqi people. While we fully respect the independence and the integrity of the US judicial system we were disappointed by the judge's decision to dismiss the indictment, which was based on the way in which some evidence had been acquired."

Biden said that the US Department of Justice will file the appeal next week.

In December, Judge Richardo Urbina of the US District Court for the District of Columbia [official website] dismissed charges against the five Blackwater guards. Urbina cited statements of the defendants that he said were given under the threat of job loss and with the promise of immunity. Because of the unconstitutionality of the statements, Urbina determined, prosecutors had to put together a case without them. The Blackwater incident caused domestic outrage in Iraq and has prompted legal controversy in the US. A FBI inquiry into the incident concluded that the shootings were unjustified [JURIST report].





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Federal judge reduces $1.92 million jury verdict in music file-sharing case
Steve Czajkowski on January 24, 2010 9:53 AM ET

[JURIST] A federal judge on Friday reduced [order, pdf] a $1.92 million jury verdict against a Minnesota woman who was found to have violated music copyrights to about $54,000. Chief Judge Michael Davis of the US District Court for the District Court of Minnesota [official website] called the damages amount "monstrous and shocking" and said the facts of the case could not justify the jury verdict. Davis emphasized that Jammie Thomas-Rasset was an individual consumer who downloaded music for her own use and not for profit, and also said that the damages to the plaintiffs, members of the Recording Industry Association of America (RIAA) [trade website], did not support the verdict. The judge ultimately decided the award should be triple the statutory minimum of $750 per song, because Thomas-Rasset willfully shared 24 songs on the file-sharing program KaZaA [website] and because of the need for deterrence. The ruling also denied a request for a new trial by Thomas-Rasset and gave the RIAA seven days to accept the decision or request a new hearing on the damages issue.

In June, a federal jury in Minnesota found [JURIST report] that Thomas-Rasset had violated music copyrights and assessed damages at $80,000 per song for 24 songs. She was found to have willfully violated copyright law by sharing songs on KaZaA, which has since become a legitimate music purveyor. The proceedings against Thomas-Rasset were a retrial of a previous judgment against her, granted by a federal judge on the grounds that the court erred by instructing the jury that making the music available on the KaZaA network was enough to violate the Copyright Act and that the $222,000 in damages [JURIST reports] was excessive. In December, the RIAA said that it would discontinue its controversial policy [JURIST report] of suing suspected file-sharers and instead will seek cooperation with major Internet service providers to cut off access to repeat offenders.






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