 |
|

Legal news from Thursday, September 16, 2010 |
 |
|


HRW urges Lebanon to protect rights of domestic workers
Megan McKee on September 16, 2010 2:56 PM ET

[JURIST] Lebanon should improve its judicial system by providing mechanisms to better protect the basic rights of domestic workers [press release] and more ardently prosecuting those who violate them, Human Rights Watch (HRW) [advocacy website] said in a report [text] released Thursday. The report cites lengthy judicial procedures, stringent visa policies that make it difficult for workers to stay in Lebanon after lodging complaints against their employers and the lack of a viable complaint reporting mechanism as central to the problem. According to HRW, the failure of police and other judicial figures to consider the abuse of migrant and domestic workers as a crime further exacerbates the problem. Beirut director of HRW Nadim Houry said, "[b]y turning a blind eye to violations affecting domestic workers, Lebanon's police and judiciary are complicit in the ongoing violations by employers against this vulnerable group." In the 114 cases HRW reviewed, it did not find one instance in which employers who had forcibly confined workers to the house, confiscated their passports or denied them food were actually charged with a crime. Some 200,000 migrant domestic workers are employed in Lebanon, primarily from Sri Lanka, Ethiopia, the Philippines and Nepal.
Lebanese officials, including the ministers of Interior and Labor, have pronounced their intentions to improve the treatment of migrant domestic workers, but only slight reforms have been achieved. In 2009, a modest initiative created a compulsory standard employment contract for domestic workers and their employers. In 2008, HRW reported that migrant and domestic workers still face abusive and exploitative treatment [JURIST report] throughout Asia and the Middle East. The rights group observed that workers in many nations throughout the region lacked access to judicial systems, and often lacked appropriate redress even when granted access. Earlier that year, HRW urged Saudi Arabia [JURIST report] to institute new legal protections for the country's estimated 1.5 million domestic workers.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

US terror suspects plead not guilty to additional charges of aiding al Qaeda
Jaclyn Belczyk on September 16, 2010 2:34 PM ET

[JURIST] Two terror suspects accused of aiding al Qaeda [JURIST news archive] pleaded not guilty Thursday to three additional charges. On Tuesday, the US Attorney for the Southern District of New York [official website] announced [press release] a superseding indictment [text, PDF] against Wesam El-Hanafi and Sabirhan Hasanoff for allegedly providing material support [18 USC § 2339B materials], including money and computer assistance, to al Qaeda. El-Hanafi allegedly traveled to Yemen where we swore an oath of allegiance to al Qaeda and received assignments and instructions. Hasanoff allegedly carried out several assignments for al Qaeda in New York City. According to the indictment:the defendants, and others known and unknown, unlawfully and knowingly, did combine, confederate and agree together and with each other to provide "material support or resources," ... to a foreign terrorist organization, to wit, al Qaeda, which has been designated by the United States Secretary of State as a foreign terrorist organization. The defendants pleaded not guilty before Judge Kimba Wood of the US District Court for the Southern District of New York [official website]. If convicted, they could each face up to 70 years in prison.
In June, the US Supreme Court [official website] ruled [opinion, PDF; JURIST report] 6-3 in Holder v. Humanitarian Law Project [Cornell LII backgrounder] that the federal law criminalizing providing material support for groups designated as terrorist organizations is constitutional. El-Hanafi and Hasanoff were originally charged [JURIST report] in April with one count of providing material support to terrorism.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Two ex-Guantanamo detainees transferred to Germany
Drew Singer on September 16, 2010 12:47 PM ET

[JURIST] The US Department of Defense [official website] announced Thursday that two former Guantanamo Bay [JURIST news archive] detainees have been transferred to Germany [press release]. German Interior Minister Thomas de Maiziere [official profile, in German] said that state authorities in Hamburg and Rhineland-Palatinate will help the former detainees adapt to life in Germany as the nation's humanitarian contribution to closing the detention center [AP report]. Rhineland-Palatinate Interior Minister Karl Peter Bruch [official website, in German] did not name the closed facility [DW report] in which the detainees are being held, but stated that they would remain there at least a year before being released into the the states of Rhineland-Palatinate and Hamburg. During that time, they will be undergo psychological analysis, receive German language training and be observed by doctors and social workers. Once they are released, they will receive what has been described as intensive integration assistance from their host states and will be granted permanent residency permits [Spiegel report] that will allow them to live and travel anywhere in the EU. German critics of the plan, including opposition lawmakers and police unions, have argued that their presence could radicalize the Muslim population within the country and pose security problems. Bruch, along with other US and German officials, have denied that, arguing that the detainees would not pose any security threats.
Germany agreed to take the inmates after negotiations with the Obama administration, which had originally asked Germany to take up to 10 detainees [JURIST report] from the facility. De Maiziere emphasized in July that Germany had informed the US it would not consider any further requests [DW report] to accept detainees. In 2006, Germany also accepted a former detainee who had legal residency in the country [JURIST report]. The number of detainees at Guantanamo has been significantly reduced as the administration continues to transfer detainees to a growing list of countries including Italy, Maldives, Georgia, Albania, Latvia, Switzerland, Slovakia, Somaliland, Palau, Belgium, Afghanistan and Bermuda [JURIST reports]. There are currently 174 detainees remaining at the facility.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

DOJ ends efforts to retry Merrill Lynch executive in Enron scam
Hillary Stemple on September 16, 2010 11:28 AM ET

[JURIST] The US Department of Justice (DOJ) [official website] on Wednesday asked a federal judge to drop fraud and conspiracy charges against a former Merrill Lynch executive accused of taking part in the Enron [corporate website; JURIST news archive] Nigerian barge scam. James Brown was convicted [JURIST report], along with three other former Merrill Lynch executives in 2004, in the first criminal trial stemming from the Enron collapse. Brown and his co-defendants were convicted on charges of conspiracy and wire fraud relating to a deal that allowed Enron to sell shares [WSJ report] in Nigerian power-producing barges to Merrill Lynch, with the promise that Merrill Lynch's interests would be bought out within six months at a pre-determined profit. The US Court of Appeals for the Fifth Circuit [official website] reversed the convictions [opinion, PDF; JURIST report] in 2006 "on the legal ground that the government's theory of fraud relating to the deprivation of honest servicesone of three theories of fraud charged in the Indictmentis flawed." Brown's retrial was scheduled to begin next week, after the district judge denied [Bloomberg report] the government's request to postpone the proceedings. The government previously ended attempts to re-prosecute Brown's co-defendants on the charges. Brown is currently in the process of appealing his conviction on the charges of perjury and obstruction of justice to the US Supreme Court [official website; JURIST news archive].
One statute utilized by the government in the original convictions of the executives was the "honest service" doctrine [18 USC § 1346 text], which was recently limited in scope by the Supreme Court. In June, the court ruled [opinion, PDF; JURIST report] in Skilling v. United States [Cornell LII backgrounder; JURIST report] that the doctrine is not unconstitutionally vague under a limited construction. In its ruling, the court limited the honest services doctrine to the protection of intangible rights of honest service deprived through bribery and kickbacks. As a result of the ruling, the court vacated the conviction of former Enron CEO Jeffrey Skilling [JURIST news archive] under the statute because his misconduct did not fall under either category. The court also vacated the conviction of Canadian media mogul Conrad Black [JURIST news archive] and former Alaskan congressmen Bruce Weyhrauch who were also convicted under the doctrine.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Cambodia genocide court indicts 4 ex-Khmer Rouge leaders
Jay Carmella on September 16, 2010 10:19 AM ET

[JURIST] The Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website; JURIST news archive] on Wednesday indicted [press release] four former Khmer Rouge [BBC backgrounder] leaders. The indicted leaders, Ieng Sary [JURIST news archive], Ieng Thirith [case materials], Khieu Samphan [JURIST news archive] and Nuon Chea [JURIST report], have been detained since 2007 and are charged with crimes against humanity, genocide, grave breaches of the Geneva Conventions and offenses under the Cambodian Criminal Code 1956. These charges include acts of extermination, murder, enslavement, deportation, imprisonment, torture and religious persecution, among other things. All four have claimed to be wrongfully accused. The indictments [Phnom Penh Post report] lead the way to a trial that will be the largest and most complex in the ECCC's history. Due to the age and deteriorating health of the four former leaders, political pressure on the ECCC to prosecute the individuals has increased. The trial is likely to begin in mid-2011.
In April, the ECCC dismissed appeals [JURIST report] by Ieng Thirith, Ieng Sary and Khieu Samp to block the extension of their provisional detention. The ECCC found in each case that "there is sufficient additional evidence in the case file to demonstrate that the case has progressed expeditiously" and that further detention while the investigation continues is reasonable given the "gravity and nature of the crimes" charged. The ECCC handed down its first conviction [JURIST report] of a former Khmer Rouge official in July. Kaing Guek Eav [case materials; JURIST news archive], also known as "Duch," was found guilty of crimes against humanity and of violating the 1949 Geneva Conventions. Last month, lawyers for Duch filed a notice of an appeal [JURIST report] of his conviction. Earlier in the month, the prosecution filed their own notice of an appeal [JURIST report] seeking to increase Kaing's term of imprisonment. The prosecution identified three grounds for appeal, including a discernible error in the exercise of sentencing discretion, an error of law regarding cumulative convictions and an error of law regarding enslavement.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

EU court rules communication between in-house lawyers, management not privileged
Jay Carmella on September 16, 2010 9:07 AM ET

[JURIST] The European Court of Justice [official website] ruled [case materials; press release] Tuesday that communication between in-house lawyers and management is not protected by legal professional privilege during competition investigations by the European Commission (EC) [official website]. The ECJ found that, in order for the privilege to exist, the lawyer must be independent, which is not the case for in-house lawyers who rely on the company for employment. The court wrote:An in-house lawyer, despite his enrollment with a Bar or Law Society and the professional ethical obligations to which he is, as a result, subject, does not enjoy the same degree of independence from his employer as a lawyer working in an external law firm does in relation to his client. Consequently, an in-house lawyer is less able to deal effectively with any conflicts between his professional obligations and the aims of his client. The ECJ limited its decision only to those cases involving competition investigations by the EC. Individual members state are still entitled to acknowledge the privilege for in-house counsel for cases that are limited to national competition. The ruling could result in a significant increase in legal expenses [The Register report] for companies that are now forced to hire external counsel.
The ECJ was established to ensure that EU legislation is applied consistently across all member states. However, many of the member states have struggled to enforce ECJ rulings, which could lead to future problems if member states continue to allow in-house counsel to enjoy privilege in national competition matters. Last month, the German Federal Constitutional Court [official website, in German] ruled [JURIST report] that German courts must follow precedent established by the ECJ unless it is clearly a violation of the court's power. The court noted that minor violations of the ECJ's authority would not be enough to disqualify a ruling and that a ruling can be disregarded only if European institutions clearly violate the authority granted to them at the expense of the authority of the member states. Earlier in August, the UK High Court suspended the enforcement [JURIST report] of an airline regulation requiring airlines to compensate passengers for flights that are delayed for more than three hours, until the ECJ releases a new ruling on the issue. The ECJ issued its original ruling [JURIST report] on the matter in November, but UK airlines indicated that they believe the ECJ's 2009 ruling was incorrect [trade group report, PDF] and that they would not compensate passengers for delayed flights.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

New York man charged with funding attempted Times Square bombing
Erin Bock on September 16, 2010 8:54 AM ET

[JURIST] A Long Island man was charged Wednesday with providing funds to the man who attempted to detonate a car bomb in Times Square in May. The US Attorneys Office for the Southern District of New York, FBI and New York Police Department [official websites] filed an indictment [press release, PDF] against Mohammad Younis, charging him with conducting an unlicensed money transmitting business and conspiracy to conduct an unlicensed money transmitting business. The document alleges that, in April, Younis unknowingly transferred funds to individuals, including Faisal Shahzad [BBC profile; JURIST news archive], through hawala, a "value transfer system in which money does not physically cross international boundaries through the banking system." The transfer was arranged in Pakistan by Tehrik-e Taliban Pakistan (TTP) [CTC Sentinel backgrounder], the extremist group that allegedly trained Shahzad to make and use explosive devices. Younis was not licensed to perform such transfers or to operate a money transfer business, but authorities admit he was unaware that he was transferring money to fund the attempted car bombing. US Attorney Preet Bharara stated that the charges against Younis should serve as a reminder of how international terrorists operate:By engaging in the alleged conduct, Mohammad Younis unwittingly funded a terror plot that, if successful, would have caused mass casualties in New York City. These charges remind us how international terrorists use the cover of informal money transfer systems to avoid detection and to inflict catastrophic harm. If he is found guilty, Younis could face a maximum sentence of 10 years in prisonfive years for each charge.
Last week, Pakistani police announced the arrest of three men [JURIST report] suspected of helping Shahzad plan and fund his failed endeavor. Officials said that the young Pakistani citizens, Shahid Hussain, Shoaib Mughal and Humba Akhtar, who were arrested following a long-running investigation, confessed their involvement to police and are being charged with conspiracy to commit terrorism. The men reportedly provided Shahzad with more than USD $13,000 and arranged for him to meet and train with Hakimullah Mehsud [NYT profile], the head of TTP. The suspects are reputed to have close ties to Mehsud. Shahzad pleaded guilty [JURIST report] in June to 10 counts of terrorism and weapons charges relating to his role in the attempted Times Square car bombing. He indicated that his actions reflected an act of war and that the attempted attacks would continue until US forces leave Iraq and Afghanistan.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Senegal security forces violating human rights with impunity: report
Dwyer Arce on September 16, 2010 8:32 AM ET

[JURIST] Senegalese security forces are engaging in systematic torture, often leading to the death of those detained, according to a report [text, PDF] released Wednesday by Amnesty International (AI) [advocacy website]. AI claims that this leaves victims' families with no recourse against security forces because the prosecution of members of the security forces must be approved by the ministries of Interior or Defense. These actions, all of which constitute severe violations of Senegal's international human rights obligations under the Convention Against Torture [text], often go unpunished and are even condoned by courts and government officials, according to the report. The report explains the importance of recognizing human rights and ending impunity:As long as the state officials responsible for human rights violations know that their status means they almost certainly will never have to account for their acts, every Senegalese citizen or individual on Senegalese territory or within Senegalese jurisdiction risks being subjected to acts of torture and other human rights violations that will put their life at risk. Similarly, as long as the wall of impunity is not broken down, the victims of violations and their families cannot hope to obtain justice and reparations. Ensuring justice represents not only the condition sine qua non of full and complete physical and psychological rehabilitation of victims and their families, but also constitutes one of the foundations of the rule of law. The report goes on to cite the case of former Chadian president Hissene Habre [BBC profile; JURIST news archive] as a prime example of Senegal's "contempt" for the rule of law. The Senegalese government has refused to extradite [JURIST report] Habre, despite ongoing international pressure to prosecute him for crimes against humanity. The report concluded by recommending several steps that must be taken in order to end human rights abuses in Senegal, including investigating all deaths in custody and torture allegations, instructing security forces to observe international human rights law, ending arbitrary detentions and repealing laws criminalizing homosexuality.
In 2009, the African Court on Human and People's Rights (AfCHPR) [official website] found that it lacked jurisdiction [JURIST report] to hear a case against Senegal on whether charges against Habre should be dropped. Habre has been accused of involvement in the murder or torture of more than 40,000 political opponents during his rule from 1982 to 1990. He later fled to Senegal after being removed from power in 1990. Belgium has sought to try him under the principle of universal jurisdiction, but Senegal has long refused extradition. Earlier that year, the International Court of Justice (ICJ) [official website] denied [JURIST report] Belgium's request to compel Habre's extradition. Belgium had accused Senegal of violating international law, including Article 7 of the Convention Against Torture, by not trying Habre in Senegal, where he has lived under house arrest since 1990. The ICJ found that assurances made by Senegal that Habre would remain in custody until trial were sufficient and that "the risk of irreparable prejudice to the rights claimed by Belgium is not apparent."


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Kyrgyzstan court issues first convictions for ethnic violence
Dwyer Arce on September 16, 2010 7:33 AM ET

[JURIST] A court in Kyrgyzstan issued the first convictions Wednesday in connection with the June 2010 ethnic violence [Guardian backgrounder; JURIST news archive], handing down prison terms for eight ethnic Uzbeks. The case stems from the murder of a Kyrgyz police officer during the violence, which resulted in the deaths of 309 people, with an additional 2,000 reportedly injured. Judge Nurgazy Alymkulov of the Nooken District Court [GlobaLex backgrounder] sentenced five to life terms [RFE/RL report] on charges of murder, fomenting ethnic hatred, instigating violence and organizing public unrest. Two others were sentenced to 20 years in prison, and the last was sentenced to nine. Among those given life sentences was prominent Uzbek human rights activist Azimjan Askarov. The convictions were later described as politically motivated [Reuters report]. In July, the Kyrgyz government announced that it had opened more than 1,000 criminal cases [JURIST report] stemming from the violence, and that 106 individuals had been detained, with 97 in custody. Also in July, Kyrgyz President Roza Otunbayeva [Telegraph profile] established a commission [JURIST report] to investigate the ethnic violence against the country's Uzbek population. It will consult with government and international experts and present its findings on the causes and repercussions of the violence in September.
The convictions come the month before the October 10 parliamentary elections. They will be the first since a new constitution took effect in July after being approved by voters [JURIST reports] in a nationwide referendum. In June, the interim government under Otunbayeva announced the constitutional referendum would occur despite the ethnic violence [JURIST report] in Osh. The constitution was originally approved by the interim government [JURIST report] in May. The June rioting in Osh followed violent protests in the capital city of Bishkek in April that resulted in former president Kurmanbek Bakiyev being removed from office [JURIST report].


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|
| For more legal news check the Paper Chase Archive...
|
|
|