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Legal news from Wednesday, May 12, 2010




Australia police capture suspected Serb war criminal
Patrice Collins on May 12, 2010 4:39 PM ET

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[JURIST] The Australian Federal Police (AFP) [official website] on Wednesday apprehended alleged Serbian war criminal Dragan Vasiljkovic [Trial Watch backgrounder; JURIST news archive] in New South Wales. Vasilijkovic, also known as Daniel Sneeden, had been on the run since March 30 after the High Court [official website] ordered his extradition [JURIST report] to Croatia. The AFP worked with the Dutch National Prosecutor's Office [official website] and the Netherlands' police agency after receiving information [Australian] that Vasilijkovic may have fled to the Netherlands.

Vasiljkovic, an Australian citizen, is accused of war crimes occurring during the 1991-1995 Croatian war of independence [GlobalSecurity backgrounder]. The high court's decision to extradite overturns a September ruling by the Federal Court of Australia [official website], which held [JURIST report] that Vasiljkovic should not be extradited due to the risk that his political beliefs would subject him to prejudice if he were returned to Croatia. The High Court's decision comes after a prolonged judicial debate over whether Vasiljkovic should be returned to Croatia to stand trial. trial. In 2007, an Australian court ordered [JURIST report] that Vasiljkovic be handed over to Croatian authorities. Subsequent appeals resulted in conflicting federal court judgments and ultimately led to the high court decision. Vasiljkovic was arrested in Australia in 2006 pursuant to an extradition request [JURIST reports] from the Croatian government.




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Kazakhstan lower house approves bill to increase president's power
Patrice Collins on May 12, 2010 3:36 PM ET

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[JURIST] The lower house of the Kazakhstan parliament [official website] approved a constitutional amendment Wednesday to expand the powers of President Nursultan Nazarbayev [official website]. The bill, which deems Nazarbayev "leader of the nation," grants immunity for acts carried out while in office. It also makes it illegal [NAKT report] to deface images of Nazarbayev, distort the facts of his biography, or publicly insult him. The bill's introduction came just a month after the president of neighboring Kyrgyzstan [JURIST news archive] was ousted in violent protests [JURIST report] The bill must now be approved by the upper h.ouse of parliament and signed by Nazarbayev before becoming law. Nazarbayev, the first president of the Republic of Kazakhstan, has no term limit under the country's constitution [text].

Kazakhstan has come under increased scrutiny as the first former Soviet republic to chair the Organization for Security and Cooperation in Europe (OSCE) [official website], a role it assumed at the beginning of 2010. In March Amnesty International (AI) [advocacy website] published a report criticizing the government [JURIST report] for failing to curb torture. In February, Kazakh non-governmental organizations asked [submission, PDF] the UN Human Rights Council [official website] to address instances of torture and the use unlawful evidence obtained through torture during trial. In August, Reporters Without Borders [advocacy website] condemned a Kazakh high court decision upholding the conviction [JURIST report] of a journalist charged with publishing state secrets. In December, Human Rights Watch [advocacy website] said that the former Soviet nation is falling short [JURIST report] on reforms promised in advance of their assumption of the OSCE chairmanship.




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Ukraine prosecutors reopen criminal probe of ex-PM Tymoshenko
Jaclyn Belczyk on May 12, 2010 12:17 PM ET

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[JURIST] Ukrainian prosecutors said Wednesday that they have reopened a criminal investigation [press release, in Ukrainian] of opposition leader and former prime minister Yulia Tymoshenko [personal website; JURIST news archive]. The probe into accusations that Tymoshenko attempted to bribe Supreme Court judges was originally opened in May 2004 and then suspended [JURIST report] in June 2005. Tymoshenko, who recently lost a hotly contested election to President Viktor Yanukovych [official website, in Ukrainian], claims that the investigation is politically motivated. Speaking to reporters, she said [press release], "[i]n every room of the Prosecutor General's Offices they're saying that Yanukovych personally instructed the leadership of the Prosecutor General's Office to find any reason to put me in jail in the next three to four months." Tymoshenko said that she has been summoned to speak with investigators [RFE/RL report] on May 17.

In February, Tymoshenko withdrew a lawsuit [JURIST reports] filed in the Supreme Administrative Court of Ukraine claiming that the country's presidential election was corrupt. Tymoshenko dropped the suit claiming she would not receive a fair hearing in the court. She had alleged that widespread voter fraud allowed Yanukovych to win the election. Tymoshenko has a history of being at the center of controversial political moments in Ukraine. In March 2009, she called for constitutional changes [JURIST report] to provide more separation between parliamentary and presidential powers. In October 2008, Tymoshenko withdrew a lawsuit [JURIST report] she had brought against then-president Victor Yushchenko [JURIST news archive] after he suspended a plan to hold early elections following the collapse of the country's coalition government. Before suspending the plan, Yushchenko had issued a decree abolishing a Kiev court after it tried to block [JURIST reports] his order dissolving parliament.




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US military judge sets opening date for Khadr trial
Bhargav Katikaneni on May 12, 2010 11:52 AM ET

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[JURIST] A US military judge announced tuesday that the trial of Guantanamo Bay detainee Omar Khadr [DOD Materials; JURIST news archive] will begin on August 10 [scheduling order, PDF]. Army Col. Patrick Parrish also ordered pre-trial hearings [JURIST report] on the admissibility of Khadr's alleged confession to resume July 12. Khadr's pre-trial hearings were suspended last week so that Pentagon officials could submit him to a mental health evaluation. Khadr was arrested in Afghanistan in 2002 at the age of 15 after he allegedly threw a grenade that killed on soldier and injured another.

Last week, a UN official called on the US and Canada to respect international conventions [JURIST report] and release Khadr into Canadian custody. In February, Khadr's lawyers filed an emergency motion in the Federal Court of Canada [official website] challenging the decision of the Canadian government not to seek his repatriation [JURIST report]. The Supreme Court of Canada ruled that Canada was not obligated [JURIST report] to seek his repatriation despite having violated his rights under section 7 of the Canadian Charter of Rights and Freedoms [text].




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Federal appeals court rejects Blagojevich bid to delay trial
Bhargav Katikaneni on May 12, 2010 10:54 AM ET

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[JURIST] The US court of Appeals for the Seventh Circuit [official website] on Tuesday rejected [order text] a motion by former Illinois governor Rod Blagojevich [JURIST news archive] to postpone his trial until the US Supreme Court [official website] issues its decision on whether the federal honest services fraud statute [18 USC s. 1346 text] is constitutional. Blagojevich, who has been charged with federal honest services fraud, along with racketeering, attempted extortion, bribery, conspiracy to commit bribery, and conspiracy to commit extortion, said that it would be unfair to proceed with the trial if the Supreme Court does declare the federal honest services fraud law unconstitutional. The court rejected the argument, finding:
If the charges for deprivation of honest services had been the only pending counts, the denial of the request to continue the trial pending the Supreme Court's resolution of the cases pending before it might give us pause. However, the defendants face additional charges. In addition, the defendants cannot demonstrate that the challenged orders are effectively unreviewable at the end of the case.
Blagojevich's lawyer said that they are considering an appeal [AP report] to the Supreme Court, while an attorney for his brother and co-defendant Robert Blagojevich said they will appeal. The Supreme Court heard arguments [JURIST report] in March on whether the federal honest services fraud statute is unconstitutionally vague, and a decision is expected by June. The trial is set to begin June 3.

Last month, the prosecution was ordered [JURIST report] to release a 91-page government proffer outlining evidence in its case against Blagojevich. According to the proffer, Blagojevich tried to sell the senate seat vacated by President Barack Obama, made appointments based on anticipated campaign contributions, and took kickbacks from a number of companies. In March, Blagojevich pleaded not guilty [JURIST report] to eight amended corruption charges. In January 2009, the Illinois State Senate voted unanimously [JURIST report] to convict Blagojevich of abuse of power and remove him from office. Blagojevich is the first Illinois governor to be impeached and removed from office. Blagojevich and his chief of staff John Harris were initially arrested [JURIST report] in December 2008 on allegations that they had conspired to sell the Senate seat left vacant by Obama.




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Canada man pleads guilty in first terrorism fundraising case
Jaclyn Belczyk on May 12, 2010 10:32 AM ET

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[JURIST] Canadian resident Prapaharan Thambithurai pleaded guilty Tuesday to raising money for the Liberation Tigers of Tamil Eelam (LTTE) [JURIST news archive] in the nation's first case involving fundraising for a banned terrorist group. Thambithurai admitted raising between $2,000 and $3,000 [Globe and Mail report] between late 2007 and March 2008, acknowledging that he knew part of the money would go to the LTTE, which was banned in Canada in 2006. Thambithurai is the first to be charged under the controversial terrorism financing legislation, introduced almost 10 years ago. The maximum sentence is 10 years in prison, but the prosecution is seeking only a two-year jail term. The defense has requested a three-year suspended sentence. Sentencing is scheduled for Friday.

Sri Lanka has faced numerous allegations of human rights violations originating from incidents that took place during the final months of the civil war by both the government and the rebel LTTE, which ended last year. In January, UN Special Rapporteur on extrajudicial killings Philip Alston urged an investigation [JURIST report] into possible war crimes after authenticating a video of members of the LTTE being executed by members of the Sri Lankan military. In October, the US State Department [official website] released a report [text, PDF] on the conflict, urging [JURIST report] Sri Lankan officials to investigate reports of human rights violations and war crimes and prosecute those responsible. While the government of Sri Lanka rejected [statement] the findings of the report, President Mahinda Rajapaksa [official website] decided in October to appoint an independent committee [JURIST report] to investigate allegations of human rights violations.




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Oklahoma lawmakers approve bill requiring pre-abortion questionnaire
Jaclyn Belczyk on May 12, 2010 9:32 AM ET

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[JURIST] The Oklahoma Senate [official website] on Tuesday voted 32-11 in favor of a bill [HB 3284, RTF] that would require women seeking an abortion [JURIST news archive] to complete a questionnaire. The bill, known as the Statistical Abortion Report Act, would require women to answer questions [NewsOK report] such as marital status, reasons for seeking the abortion, and whether the pregnancy is the result of rape or incest. An identical bill was signed into law last session but was struck down [JURIST report] because it was part of a broader bill that violated the state constitution's single subject requirement. Opponents of the bill have criticized it as intrusive, objecting to the fact that incest and rape victims are not exempt from the reporting requirement. Supporters have said the measure is necessary to protect unborn children. The bill is expected to be sent to Governor Brad Henry by the end of the week.

Last week, Oklahoma Attorney General Drew Edmondson [official profile] agreed to delay the implementation of a controversial new state law [HB 2780 text, RTF] requiring women seeking an abortion to consent first to an ultrasound. The Center for Reproductive Rights [advocacy website] requested a restraining order temporarily barring enforcement of the law. In April, the Oklahoma Senate voted to override [JURIST report] Henry's veto of two anti-abortion bills, including the ultrasound bill. The Oklahoma laws join another restrictive abortion law passed recently in Nebraska, which bans abortions after 20 weeks [JURIST report].




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Federal judge orders Treasury to show probable cause for charity asset freeze
Jaclyn Belczyk on May 12, 2010 8:20 AM ET

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[JURIST] A judge for the US District Court for the Northern District of Ohio [official website] on Monday ruled [order, PDF] that the US Treasury Department [official website] must show probable cause for freezing the assets of an Ohio-based charity suspected of having ties to the militant Islamic group Hamas [JURIST news archive]. Judge James Carr had previously ruled [JURIST report] in August that the federal government could not freeze the assets of KindHearts for Charitable Humanitarian Development Inc. without probable cause. Carr had also ruled that the government must tell the organization the basis for the asset freeze and give the organization the opportunity to defend itself. In Monday's order, Carr wrote, "I thus find that it is within the scope of my power to remedy constitutional violations to order this post-hoc probable cause showing. I recognize that this is an unusual and atypical remedy, but this is an unusual and atypical situation." The suit [ACLU backgrounder] was brought in 2008 by the American Civil Liberties Union (ACLU) [advocacy website]. ACLU attorney Alexander Abdo welcomed the ruling [press release], saying, "[b]y requiring Congress to step in and fix the government's unconstitutional terrorist-designation scheme, the ruling restores a critical check on executive power."

In February 2009, several advocacy, rights, and philanthropic groups filed an amicus curiae brief [text, PDF; JURIST report] in the case, arguing against the classification of some charitable groups as terrorist organizations without due process. The brief argued that the designation of charitable groups as terrorist organizations without due process violates the groups' constitutional rights and discourage and undermine their humanitarian aid efforts. Kindhearts had argued that the Treasury's asset freeze, investigation, and refusal to allow KindHearts to dispute the findings were arbitrary and capricious and violated KindHearts' First, Fourth, and Fifth Amendment [text] rights.




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