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Legal news from Thursday, September 2, 2010




Rights group urges Bahrain to investigate torture allegations
Megan McKee on September 2, 2010 3:23 PM ET

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[JURIST] Human Rights Watch (HRW) [advocacy website] called Wednesday on Bahraini authorities to make a prompt investigation into torture allegations [press release] made by four Shia activists who have been detained for more than two weeks. On August 27, after 15 days of solitary confinement, Abd al-Jalil al-Singace, one of the detained men, was brought for formal questioning and arraignment by Attorney General Ali Fadhul al-Buainain. Al-Singace told al-Buainain he had been handcuffed and blindfolded the entire time, beaten on his fingers with a hard instrument, had his ears and nipples pulled and twisted with tongs and been subjected to general harsh treatment. The following day, the three remaining detainees intimated similar treatment. Deputy Middle East director at HRW said:
Bahraini authorities should immediately investigate these allegations of torture and guarantee the physical and psychological well-being of the four men. The attorney general has a legal obligation to throw out any coerced confessions and any evidence obtained by ill-treatment, including information that led to the men's indictments.
Prosecutors have charged the four men with several national security crimes and ordered another 60 days of detention.

In early 2010, HRW reported that the government of Bahrain had reverted to using torture [report text] to gain confessions from detainees, after a decade of reform banning such practices. HRW conducted interviews with 20 former detainees who claimed that they had suffered torture [JURIST report] and ill-treatment as early as 2007. The reversion appears to have coincided with the rising political tension between Shia Muslims and the Sunni-run government. The report also claimed that prosecutors have failed to respond appropriately by not launching formal investigations and administering medical examinations. The detainees' allegations were strengthened when a Bahraini court acquitted all defendants on all charges on the basis of medical reports that suggested the defendants had been physically coerced into confessing.




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Prosecutors urge continued support of international tribunals
Hillary Stemple on September 2, 2010 1:39 PM ET

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[JURIST] Current and former international prosecutors on Tuesday signed the fourth Chautauqua Declaration [text, PDF] praising recent advances in international law and urging countries to continue supporting the international courts in order to maintain the spirit of the Nuremburg Principles [text]. The prosecutors, who have worked with the International Criminal Court (ICC), the International Criminal Tribunal for the former Yugoslavia (ICTY), the Special Court for Sierra Leone (SCSL), the International Criminal Tribunal for Rwanda (ICTR), the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official websites], as well as the International Military Tribunals, called for continued support and funding of the tribunals and courts as they continue working to maintain the rule of law. They urged countries to fulfill their obligations under international law by investigating and prosecuting, or transferring to the appropriate international court, suspects who violate international criminal law, including sitting heads of state. Countries were also encouraged to refrain from the use of military force and to settle disputes in accordance with the UN Charter [materials]. The prosecutors noted the fifteenth anniversary of the Srebrenica massacre [JURIST news archive] and the continuing need for accountability. They also recognized the first conviction of an ex-Khmer Rouge leader [JURIST report], which was announced by the ECCC in July. Additionally, the prosecutors applauded the ICC's adoption of an amendment [press release; JURIST report] to the Rome Statute [text, PDF] in June, which included a definition for the crime of aggression and created jurisdictional conditions for prosecution.

Under the ICC's new amendment, the UN Security Council [official website] will serve as the primary body in determining whether a crime of aggression has occurred. If the Security Council fails to make a determination, the ICC prosecutor is authorized to commence an investigation on his own initiative or upon a request from an ICC state party. The Security Council can halt an investigation of a crime of aggression at any time through a resolution, but this resolution must be reinstated every 12 months. Non-state parties do not fall under ICC jurisdiction when the prosecutor initiates the investigation, and state parties can exempt themselves from jurisdiction over the crime of aggression by submitting a declaration of non-acceptance to the court. These exemptions, however, do not apply when the Security Council has determined that a crime of aggression has occurred. ICC nations were initially unable to reach a consensus [JURIST report] on the adoption of the crime of aggression, but compromise was reached as the UN Review Conference of the Rome Statute [materials] came to a close in Kampala, Uganda.




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UN delays release of controversial DRC 'genocide report'
Andrea Bottorff on September 2, 2010 11:14 AM ET

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[JURIST] The UN announced Thursday that it will delay the release of a report [UN News Centre report] that accuses Rwandan forces of committing acts of genocide in neighboring Democratic Republic of Congo (DRC) [BBC backgrounder; JURIST news archive] during the years following the 1994 Rwandan genocide [BBC backgrounder; JURIST news archive]. According to a statement by the UN Office for the High Commissioner for Human Rights (OHCHR) [official website], the report will be released on October 1 to allow time for commentary opposing the alleged findings. UN High Commissioner for Human Rights Navi Pillay [official profile] said that she is willing to include such comments in the published report. The Rwanda Defense Force (RDF) [official website] has condemned the report, a draft of which was originally leaked [Le Monde report, in French] last month, and has threatened to withdraw its peacekeeping forces from UN operations [AP report] if the report is made public. UN Secretary-General Ban Ki-moon [official website] on Thursday urged Rwanda to continue its peacekeeping efforts [AFP report] in Sudan in spite of its negative views of the report.

The forthcoming report claims that troops from Rwanda [JURIST news archive] and allied rebels committed crimes in the DRC that could be classified as genocide if proven by the appropriate court. Documenting the extreme violence in the DRC from 1993-2003, the report alleges that tens of thousands of Hutus were killed by Rwandan troops [JURIST report] during the Congo civil war [GlobalSecurity backgrounder]. Following the 1994 Rwandan genocide, in which more than 800,000 primarily Tutsi people were killed in a span of 100 days, Hutu militias and civilians fled to neighboring Congo, then known as Zaire. According to the New York Times, the report documents systematic killings [NYT report] by the Tutsi-dominated Rwandan army with the assistance of the Alliance of Democratic Forces for the Liberation of Congo (AFDL) rebel movement, which may legally amount to genocide. While Rwanda and the DRC have continually asserted that Hutu militias were attacked following the 1994 genocide, the report alleges that civilian Congolese Hutus were also the target of violence and killings. Rwandan Justice Minister Tharcisse Karagurama [official website] has rejected the report [BBC report], saying that it had no basis.




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Thailand court convicts 'yellow shirts' of defaming ex-PM
Jay Carmella on September 2, 2010 9:10 AM ET

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[JURIST] A criminal court in Thailand on Thursday convicted two members of the pro-government People's Alliance for Democracy Network [BBC backgrounder], known as "yellow shirts," of defaming former prime minister Thaksin Shinawatra [BBC profile; JURIST news archive]. Yellow shirt movement founder and Thai media mogul Sondhi Limthongkul and his former television co-host Sarocha Pornudomsak were convicted [AFP report] of defaming Thaksin during their television show by accusing him of insulting the monarchy. The two were sentenced [Thai News Agency report] to six months in prison and ordered to pay fines of 20,000 baht (USD $640). The court suspended the sentence for two years, during which time both Sondi and Sarocha will be on probation. Thaksin filed the suit [JURIST report] against Sondhi and several others for their claims that he tried to undermine the monarchy.

Thaksin, who is currently living in exile, has faced a variety of legal issues since the 2006 coup [JURIST report] that removed him from power. Last month, the Supreme Court of Thailand [GlobaLex backgrounder] denied his appeal [JURIST report] contesting the seizure of his assets. Thaksin filed the appeal in March after the Constitutional Court ordered that 46.4 billion baht (USD $1.4 billion) of his fortune be seized [JURIST reports] in February. In July, the criminal division of Supreme Court issued a new arrest warrant [JURIST report] against him. Also in July, Thai police recommended terrorism charges [DPA report] against Thaksin and 24 others for their alleged involvement in the recent political violence [JURIST news archive] in Bangkok. Thaksin is considered the figurehead of the pro-democracy protesters known as the "red shirts," who protested against Thailand's current government and called for elections. The protests ended in May after protesters surrendered to police [JURIST report].




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Federal judge rules against drilling moratorium
Erin Bock on September 2, 2010 8:03 AM ET

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[JURIST] A judge for the US District Court for the Eastern District of Louisiana [official website] on Wednesday denied [order, PDF] the government's motion to dismiss a lawsuit filed by Hornbeck Offshore Services [corporate website] and several other drilling companies challenging the government's latest moratorium on offshore drilling. The moratorium directive was issued on July 12 [JURIST report] by Secretary of the Interior Ken Salazar [official website] after the district court and US Court of Appeals for the Fifth Circuit [official website] granted an injunction against the government's initial directive issued on May 28. The drilling companies maintain that the latest moratorium is substantially the same as the previous one and that it would cause the same financial injury to the industry as the first moratorium. The government argued that the latest lawsuit was moot because the secretary had voluntarily withdrawn the initial directive and the latest moratorium was based on additional information. The initial moratorium banned drilling below 500 feet for six months until November 30, 2010, while the latest moratorium applies to all rigs that use blowout preventers on floating facilities until the same date. Judge Martin Feldman found that there were "no substantial changes" between the initial directive and the July 12 directive, the latest directive was "litigation posturing," the new moratorium did nothing to amend or prevent the wrongs found in the first moratorium, and that the wrongful behavior alleged in the first directive could be reasonably expected to occur as a result of the July 12 moratorium.

Feldman refused to reinstate the moratorium [JURIST report] last month at the request of advocacy groups such as the Defenders of Wildlife [advocacy website], which also argued that the judge should be disqualified from the case because he owned stock in several oil and drilling companies. Feldman refused to recuse himself [JURIST report]. Earlier in July, the Obama administration asked a federal appeals court to reinstate the original six-month drilling moratorium [JURIST report], arguing that the ban should be upheld because the government would likely win its appeal of the lower court's ruling. The US Department of Justice (DOJ) [official website] originally asked the court of appeals to stay the preliminary injunction [JURIST report] in June, on the basis that another deepwater spill could overwhelm the ongoing efforts to clean up the spill with catastrophic results. Lawyers for the DOJ also claimed that that the district judge abused his discretion in issuing the injunction. The Deepwater Horizon oil spill was a result of an oil well blowout that caused an explosion 5,000 feet below the surface of the Gulf. More than 120 million gallons of oil leaked from the rig's broken pipe causing the spill to surpass the Exxon Valdez [JURIST news archive] as the worst oil spill in US history.




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