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Legal news from Monday, February 15, 2010




Iran defends human rights record before UN council
Megan McKee on February 15, 2010 1:00 PM ET

[JURIST] Iranian official Mohammad Javad Larijani told the UN Human Rights Council (UNHRC) [official website] Monday that Iran is fulfilling its human rights obligations [video]. Larijani also said that the nation has implemented long-term plans to protect human rights [Reuters report]. Larijani rejected criticism suggesting the nation engaged in the torture and murder of dissidents, characterizing these allegations as politically motivated attempts to undermine Iran in light of the recent developments in its nuclear program. Larijani reiterated that Iran's nuclear program is intended for civilian use only. The UNHRC is examining [press release] Iran's human rights record, along with the records of 15 other nations, in its two-week Universal Periodic Review [materials] session. Amnesty International [advocacy website] criticized [press release, PDF] Iran's earlier report [text, PDF] to the UNHRC, calling its portrayal of the state of human rights in the nation distorted.

Last week, the European Union (EU) and the US government issued [JURIST report] a joint statement [text, PDF] condemning Iranian human rights violations since the disputed June presidential election [JURIST news archive]. The joint statement declared that the EU and the US were concerned about the possible increase in violence and repression during the anniversary of the founding of 1979 Islamic Republic [BBC backgrounder] on February 11 and called on Iran to live up to its international obligations with respect to human rights. Also, US Defense Secretary Robert Gates [official profile] and French President Nicolas Sarkozy [official website, in French] declared that Iran should receive stronger sanctions [VOA report] in response to news that the Iranian government had informed the International Atomic Energy Agency (IAEA) of plans to begin enriching uranium for medical purposes last week.






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Holder 'flexible' on trying 9/11 suspects in civilian or military courts
Carrie Schimizzi on February 15, 2010 12:01 PM ET

[JURIST] US Attorney General Eric Holder [official website] said in an interview [NYT report] with the New York Times Sunday that he hopes to hold a civilian trial for accused 9/11 conspirator Khalid Sheikh Mohammed [BBC profile; JURIST news archive], but that a military tribunal must be considered in the wake of mounting public and political pressure. According to the interview, Holder prefers a civilian trial to ensure "swift, sure justice," but has not ruled out the option of a military commission in Guantanamo Bay [JURIST news archive]. When asked who would make the ultimate decision on where the trial will take place, Holder said, "I think that I make the final call, but if the president is not happy with that final call, he has the ability to reverse it." Holder also stated that he hopes the Obama administration will be able to announce a venue for the 9/11 trial within the next three weeks.

Holder expressed the same sentiments [JURIST report] in a Washington Post interview published last week. Holder said that more important than the location or forum is that the trial be transparent and adhere to the rules. Administration officials said President Barack Obama will take a greater role in deciding where and how the trial takes place, despite originally leaving the decision up to Holder. The possible civilian trial, first announced [JURIST report] in November, has received backlash from both New York City officials and members of Congress, including some who support closing Guantanamo Bay.






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Pakistan lawyers boycott courts over judicial appointments dispute
Ann Riley on February 15, 2010 11:25 AM ET

[JURIST] Hundreds of Pakistani lawyers boycotted the courts Monday in protest of the recent clash between President Asif Ali Zardari and the Supreme Court of Pakistan [official websites]. Lawyers protested and boycotted the courts [AFP report], refusing to attend court proceedings in Islamabad, Lahore, Peshawar, Karachi, and Quetta, after the Supreme Court Bar Association of Pakistan (SCBAP) [official website] called for the strike. The boycotts come after the the Supreme Court on Saturday issued an emergency ruling [press release, PDF] denying [JURIST report] Zardari's judicial appointments. The legal community is divided [BBC report] over the issue, with lawyers supporting both the judiciary and Zardari gathering at the protests. Prime Minister Yousuf Raza Gilani [official website; BBC profile] has distanced himself from the appointments, claiming that his advice was not considered. The court has summoned Attorney General Anwar Mansoor Khan for a hearing on Thursday to determine the constitutionality of Zardari's actions.

Pakistan's executive and judiciary have historically had disputes, prompting instability. Last month, the Supreme Court released [JURIST report] a detailed judgment [judgment, PDF] in the controversial National Reconciliation Ordinance (NRO) [text] case, ruling unconstitutional an ordinance granting immunity to President Zardari and 8,000 other government officials from charges of corruption, embezzlement, money laundering, murder, and terrorism between January 1986 and October 1999. A special 17-member panel of the court rendered the original unanimous decision [JURIST report] in December, paving the way for corruption charges to be brought against Zardari. Zardari is immune from prosecution while in office, but challenges to his eligibility as a presidential candidate are expected. Many other government officials could face immediate prosecution.






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China prosecutors charge billionare with insider trading
Patrice Collins on February 15, 2010 10:15 AM ET

[JURIST] A Beijing court on Friday indicted Huang Guangyu, formerly China's richest man [Hurun report], with insider trading, bribery, and illegal business practices. The charges [WSJ report], brought by the Supreme People's Procuratorate [official website, in Chinese] come almost 15 months after Huang was initially placed under detention. His case has been the subject of intense media coverage in China involving allegations of bribery [Xinhua reports] to high-level Shanghai police among others. According to reports, Huang has been under investigation [EO report] by the Beijing Municipal People's Procuratorate for more than two years. He was previously the chairman of Pengrun Investments and founder of subsidiary GOME Electrical Appliances [corporate website], both publicly traded on the Shanghai and Hong Kong stock exchanges.

Huang's indictment is part of a wider campaign in China to crack down on corruption, which is seen by many as a threat [CE report] to China's future stability. Last week, the president of the Supreme People's Court (SPC) [official website, in Chinese] called for increased efforts [JURIST report] to fight corruption among the judiciary. The president's statement came just two weeks after former SPC vice president Huang Songyou was convicted [JURIST report] on bribery and embezzlement charges. Earlier in January, the Communist Party of China [GlobalSecurity backgrounder] announced [JURIST report] increasing oversight of the families of government officials to control corruption. Leader of the People's Republic, Hu Jintao [official profile], has made it a priority to combat grafting in China [Straits Times report], utilizing the Central Commission for Discipline Inspection [official website; in Chinese] to coordinate anti-corruption efforts among the public security, finance, judiciary, and diplomatic agencies.






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Spain to accept 5 Guantanamo detainees
Hillary Stemple on February 15, 2010 9:22 AM ET

[JURIST] Spanish Foreign Minister Miguel Angel Moratinos [official profile] announced Monday that Spain will accept five detainees currently being held at Guantanamo Bay [JURIST news archive]. Spain had previously agreed [JURIST report] to accept only two detainees, one Yemeni and one Palestinian, in response to a June request [AFP report] by the Obama administration. Moratinos indicated [El Pais report, in Spanish] that Spain was willing to increase the number of detainees accepted in order to help remedy what it sees as an unacceptable situation at the detention facility. No timetable has been set for the transfer, but Moratinos stated [BBC report] that it would occur in a way to protect the security of Spain.

The Obama administration continues its push to close the Guantanamo Bay facility, despite missing [NYT report] its self-imposed one-year deadline last month. The administration has run into several hurdles in closing the prison, including opposition from members of Congress and the suspension of detainee transfers to Yemen [JURIST report]. Spain joins a growing list of countries that have recently accepted transfers, including Latvia, Switzerland, Slovakia, Algeria, Afghanistan, Palau , Bermuda, Albania and Somaliland [JURIST reports].






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Australia court sentences 5 in domestic terrorism case
Dwyer Arce on February 15, 2010 8:20 AM ET

[JURIST] The New South Wales Supreme Court [official website] on Monday sentenced five men for conspiring to commit acts of terrorism. The five men are Australian citizens from Sydney and are of Lebanese, Libyan, and Bangladeshi descent. The lead conspirator and his lieutenant were sentenced [SMH report] to 28 years in prison, while the other three involved in the plot received between 23 and 26 years, all of which were to be dated from the time of their arrest in 2005. The men had pleaded not guilty to the conspiracy charges at the beginning of the 10-month trial, the longest in Australian history. During the trial, the prosecution charged [Telegraph report] that the five men wanted to terrorize the Australian public in retaliation for Australian involvement in the Iraq and Afghanistan wars [GlobalSecurity backgrounders]. It was also charged that one of the men was trained in Pakistan [NYT report] by Lashkar-e-Taiba [CFR backgrounder], and three others were taken into the Australian outback and trained in a paramilitary-like camp. Although their target was unspecified, testimony during trial alleged that the conspirators considered attacking a football game and killing former prime minister John Howard [BBC profile].

The five men were convicted [JURIST report] of conspiracy to do acts in preparation of terrorist attacks in October. The men, who could not be named publicly, were found guilty of having stockpiled ammunition and bomb-making materials. Four co-conspirators had previously pleaded guilty [ABC report] to related charges, although this information was kept from the jury [Australian report] during the trial. The five faced a maximum of life in prison [Reuters report]. The jury returned the convictions after deliberating for 23 days [UPI report], hearing from 300 witnesses, and examining 3,000 exhibits, which included 30 days of video surveillance [ABC report] and 18 hours of taped phone calls. The men were arrested [ABC report] in a series of raids in 2005.






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