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Legal news from Saturday, May 29, 2010 |
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US lawyer arrested in Rwanda for genocide denial
Andrew Morgan on May 29, 2010 5:14 PM ET

[JURIST] Rwandan police on Friday arrested American lawyer Peter Erlinder [professional profile; JURIST news archive] in Kigali on charges that he denied the 1994 Rwandan genocide [HRW backgrounder; JURIST news archive]. Erlinder, a defense lawyer at the International Criminal Tribunal for Rwanda (ICTR) and president of the ICTR's Association of Defense Lawyers [official websites] (ADAD), was in Rwanda to prepare his defense of opposition presidential candidate Victoire Ingabire Umuhoza [campaign website], who was arrested [JURIST report] last month on similar charges. International groups including the National Lawyers Guild, the International Criminal Defence Attorneys Association, and the National Association of Criminal Defense Lawyers [advocacy websites] have called for [press release] Erlinder's release, saying that the charges are politically motivated [AP report]. William Mitchell College of Law, where Erlinder teaches, has expressed concern for his safety [press release], saying they "support his commitment to justice, the rule of law, and public service." Rwandan Public Prosecutor Martin Ngoga said that Erlinder had become an organizer of genocide deniers [AFP report] and that Erlinder had traveled to Rwanda with full knowledge that denial of the genocide is illegal there.
In March, an aid to Ingabire who had been convicted in absentia, pleaded guilty to genocide charges [JURIST report] in exchange for a reduced prison sentence of 17 years. Last month, the Appeals Chamber of the ICTR affirmed the genocide conviction [JURIST report] of popular Rwandan singer-songwriter Simon Bikindi [Trial Watch profile]. The court also reversed the conviction for counts of genocide, murder, and extermination against Rwandan district attorney Simeon Nchamihigo. Earlier in March, Agathe Habyarimana, the widow of assassinated Rwandan president Juvenal Habyarimana, was arrested [JURIST report] in France on suspicions of complicity in genocide and was later released on bail. In January, the Rwandan government released a report [JURIST report] concluding that the assassination of then-president Juvenal Habyarimana, which sparked the genocide, was the work of Hutu extremists. Also in January, Rwandan lawmakers introduced a bill [JURIST report] to increase the criminal penalty for genocide denial imposed by a 2003 law.


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Supreme Court denies Blagojevich trial delay request
Andrew Morgan on May 29, 2010 4:34 PM ET

[JURIST] The US Supreme Court [official website] on Friday denied a request by former Illinois governor Rod Blagojevich [JURIST news archive] to delay the start of his corruption trial by 30 days. Blagojevich had sought to postpone the start of his trial in the US District Court for the Northern District of Illinois [official website] until the Supreme Court issues opinions in cases involving the federal honest services fraud statute [18 USC § 1346 text], arguing that it would be unfair to proceed with the trial if the Supreme Court were to declare the law unconstitutional. The statute is currently being challenged by former Enron CEO Jeffrey Skilling [JURIST news archives] as unconstitutionally vague in Skilling v. United States [JURIST report], and its application forms the basis of the appeals brought by former media mogul Conrad Black [CBC profile; JURIST news archive] in Black v. United States and former Alaska legislator Bruce Weyhrauch in Weyhrauch v. United States [JURIST reports]. Justice John Paul Stevens upheld a May decision by the US Court of Appeals for the Seventh Circuit [official website,] which denied the request [JURIST report] without issuing a written order.
In April, the prosecution was ordered to release [JURIST report] 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 to convict Blagojevich of abuse of power and remove him from office [JURIST report], making him 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.


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Nepal extends parliament term to develop new constitution
Sarah Miley on May 29, 2010 12:06 PM ET

[JURIST] The Nepalese government on Friday extended the term of parliament by one year in order to develop a new democratic constitution. The agreement between Nepal's main political parties occurred just after midnight, when the Constituent Assembly [official website, in Nepalese] was due to dissolve along with nation's Interim Constitution [text, PDF]. Prime Minister Madhav Kumar Nepal [official website] also agreed to resign [AP report] in order to gain support of the rebel Maoist party [party website] in extending the parliamentary term and to leave the nation with a power-sharing government. The Maoists won election in 2008 to form the first secular government in Nepal but lost power nine months later in an effort to integrate rebel fighters into the national army. The Maoist party will now have significant control in the development of the new constitution, as it is the largest party in the new power-sharing government. Formal talks between party leaders will begin Sunday.
The peace process in Nepal has been hampered by human rights abuses, but several strides have been taken since the secular government inception in 2008. In March, Nepalese rights groups praised two recent judgments [JURIST report] by the District Court in Baitadi against caste-based discrimination. The court sentenced a man accused of assaulting the father of the groom during a July 2009 wedding for practicing "rituals reserved for high-caste communities" to one year in prison and a fine of 5,000 rupees. In a similar decision upheld by the Kanchanpur Appellate Court last August, the Baitadi District Court sentenced the main defendant accused of physically assaulting 12 Dalits during a festival to two years imprisonment and a fine of 25,000 rupees. In 2008, the Supreme Court of Nepal directed the country's government to end sexual orientation-based discrimination [JURIST report] and to extend equal rights to gender minorities, including same-sex marriage [JURIST news archive]. The order came in a lawsuit brought by several gay rights groups and follows a December 2007 ruling [BBC report] recognizing homosexuals as citizens under the classification "third sex." Nepal also has a history of human rights abuses stemming from the country's internal conflict. The decade-long Maoist guerrilla insurgency that left more than 13,000 people dead ended [JURIST report] in late 2006 when the Nepalese government signed a peace agreement that established the Constituent Assembly. The assembly was elected in April 2008 and voted to abolish the monarchy [JURIST reports].


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ICTY prosecutor urges greater Croatia cooperation for EU accession
Sarah Miley on May 29, 2010 10:03 AM ET

[JURIST] Chief prosecutor for the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] Serge Brammertz [official profile] said Friday that Croatia must make additional efforts to assist in investigations of war crimes during the 1991-1995 Balkan war [JURIST news archive]. Approval from Brammertz is crucial to Croatia's European Union (EU) [official website] bid, as it enters into the final round of negotiations with the hope to gain entry in 2012. Brammertz stated that while Croatia has been cooperative on most issues, he is still seeking wartime documents for the prosecution of three Croatian generals, which he requested from Croatia two years ago. Croatian Prime Minister Jadranka Kosor [official profile] claims that the government has performed a comprehensive administrative search for the military documents but has been unable to locate the outstanding materials in question. Defending [press release] the government's efforts, Kosor stated:We have done all we could regarding the documents in question. We have handed over the documents we have found, and as regards to those we haven't found, our investigations have clearly established their chain of custody. We have very clearly described it [in our report] and sent it to the prosecutor. Kosor also added that the exhaustive efforts of her ICTY "task force" have led to charges against 13 individuals, of which three have already been convicted. Kosor hopes that these accomplishments will be taken into consideration by the chief prosecutor when he briefs the UN Security Council and EU ministers in mid-June. Negotiations for Croatia's EU review of judiciary and fundamental rights is set to begin in June.
Croatia has been working hard to settle many of the human rights issues that have previously blocked its EU accession. In March, the Grand Chamber of the European Court of Human Rights (ECHR) [official website] ruled [JURIST report] that the practice of segregating Roma [JURIST news archive] minority primary school students in Croatia from other pupils is discriminatory. The court declared the practice to be in contravention of Article 14 of the European Convention on Human Rights [text, PDF], which prohibits discrimination, and of Article 2 of Protocol No. 1, which guarantees the right to an education. In January, the Serbian government filed a lawsuit [JURIST report] against Croatia in the International Court of Justice (ICJ) [official website], accusing the Croatian government of committing genocide during the Balkan war. The suit [press release, in Croation] is in response to a similar suit [case materials] filed by Croatia against Serbia in 1999. The ICJ ruled [JURIST report] last year that it has jurisdiction to hear that case. Serbia is also looking to gain membership into the EU in 2012, and will be assessed by Brammetz in June in regards to capture of two high-level Serbian targets still at large under the jurisdiction of the ICTY, Ratko Mladic [case materials; JURIST news archive] and Goran Hadzic [case materials].


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