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Legal news from Friday, September 17, 2010 |
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Rwanda court sentences opposition leader to life in prison
Zach Zagger on September 17, 2010 2:39 PM ET

[JURIST] A Rwandan court on Friday sentenced opposition leader Deogratias Mushayidi [AI backgrounder] to life in prison for recruiting rebels and trying to incite violence against the government of current Rwandan President Paul Kagame [official website; BBC profile]. Mushayidi was also given two additional lesser sentences [AFP report] for a fraudulent passport and for spreading rumors to incite civil disobedience. He has denied all charges and claims he was traveling legally with a Burundian passport. His lawyer said that they will appeal the sentences. Mushayidi is the leader of the Pact for the Defence of the People, the former head of the Rwandan Journalists' Association and a member of the ruling party [BBC report] before becoming a vocal critic. He was arrested in Burundi, where he was living in exile, in March and was extradited to Rwanda.
In April, Rwandan authorities arrested [JURIST report] opposition presidential candidate Victoire Ingabire Umuhoza [campaign website], accusing her of denying the 1994 Rwandan genocide [HRW backgrounder; JURIST news archive] and collaborating with terrorists. Authorities cited Ingabire's call for the prosecution [AFP report] of those who killed Hutus during the genocide, in which over 800,000 people, mostly Tutsis, were slain, as evidence of her denial of the genocide. Prosecutors also alleged that Ingabire has collaborated with Hutu rebels in the Democratic Republic of Rwanda, which borders Rwanda. The arrests come at a time when Kagame has received criticism [press release] from Human Rights Watch (HRW) [advocacy website] for his treatment of opposition parties.


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Switzerland government to consider stricter rules for assisted suicide
Matt Glenn on September 17, 2010 1:36 PM ET

[JURIST] The Swiss Federal Council and Federal Department of Justice and Police (FDJP) [official websites] announced Friday that they will introduce legislation [press release] establishing stricter rules on assisted suicide [JURIST news archive] after a consultation with local governments, government agencies and other organizations found that 75 percent of respondents favored such a bill [text, PDF; in French]. According to the statement, "[a]lthough a clear majority believes in the need for action at federal level, there is still no consensus about how exactly organised assisted suicide should be governed." The FDJP is charged with drafting a bill establishing a duty of care for those helping people end their lives. Swiss law currently allows euthanasia [FDJP backgrounder] so long as long as those assisting in the death do not stand to gain from the death. Although some respondents proposed banning organized assisted suicide altogether, the Federal Council rejected this option [AP report] partly out of concern that it would violate patients' right to self-determination. Although the right to assisted suicide enjoys broad support in Switzerland, a recent study [SwissInfo report] found that most Swiss citizens oppose foreigners traveling to Switzerland with the help of groups such as the Dignitas clinic [website, in German] and Exit International [advocacy website] to end their lives. The Federal Council also asked the Federal Department of Home Affairs [official website] to look into ways to decrease the number of suicides in Switzerland. The FDJP is to finish its draft by the end of this year.
In February, UK Director of Public Prosecutions Keir Starmer published a policy [JURIST report] introducing guidelines against prosecution of English citizens who travel to Switzerland for assisted suicide. At the end of last year, the Montana Supreme Court ruled that assisted suicide does not violate Montana law [JURIST report], making Montana the third US state, after Oregon and Washington, to allow the practice. Last year, the Swiss Federal Council proposed a number of regulations [JURIST report] that would have implemented additional procedural requirements on a person seeking assisted suicide. Last September, the UK released an interim policy [JURIST report] on assisted suicide that lists factors to be considered in determining which cases to prosecute.


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UN SG urges abolishment of anti-gay laws
Drew Singer on September 17, 2010 12:52 PM ET

[JURIST] UN Secretary General Ban Ki-moon [official website] on Friday called for countries around the world to abolish laws discriminating against gay and lesbian individuals [press release]. The message, read on his behalf by UN High Commissioner for Human Rights Navi Pillay [official website] during a panel discussion about ending discrimination based on sexual orientation and gender identity, said that laws that discriminate against people based on their sexual orientation are human rights violations:No doubt deeply-rooted cultural sensitivities can be aroused when we talk about sexual orientation. Social attitudes run deep and take time to change. But cultural considerations should not stand in the way of basic human rights. ... No one, regardless of their sexual orientation or gender identity, should be subjected to torture or to cruel, inhuman or degrading treatment. No one should be prosecuted for their ideas or beliefs. No one should be punished for exercising their right to freedom of expression. People face criminal sanctions for their sexual orientation in 78 countries, according to the UN.
In July, the UN Economic and Social Council [official website] voted 23-13 to accredit the International Gay and Lesbian Human Rights Commission [advocacy website] as a consultative non-governmental organization [JURIST report]. The commission, a human rights organization for those discriminated against based on sexual orientation and gender identity, had been working towards accreditation since 2007. According to the organization, it is the tenth gay-rights group [press release] among 3,200 accredited NGOs. Last year, US President Barack Obama endorsed a UN declaration [JURIST report] calling for the decriminalization of homosexuality, reversing the decision of his predecessor. By doing so, the US joined 66 other nations in supporting the document that divided the UN General Assembly. Nearly 60 nations signed an opposing statement, including China, Russia, members of the Islamic Conference and the Vatican.


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UN Security Council condemns DRC mass rapes, urges justice
Brian Jackson on September 17, 2010 12:34 PM ET

[JURIST] The UN Security Council [official website] on Friday issued a condemned the recent mass rapes [text] in the Democratic Republic of Congo (DRC) [BBC backgrounder; JURIST news archive], calling for justice for the victims. In the statement, issued by current Security Council President Ertugrul Apakan, the council reiterated its support for past resolutions on the subjects of security and respect for women and urged the Congolese government to use its full power to prosecute the perpetrators. The Council also called on the UN Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) [official website] to, "enhance its regular interaction with the civilian population, and [draw] attention to the importance of increased community liaison, more patrolling and appropriate communication equipment in areas where they were needed." The statement concluded with a request for a briefing by Secretary-General Ban Ki-moon [official website] on MONUSCO's plan for protecting civilians and strengthening the rule of law in the DRC.
Earlier this month, the UN Special Representative for Sexual Violence in Conflict called for perpetrators of mass rapes, including heads of DRC militias, to face war crimes charges [JURIST report]. Human rights have long been a major concern in the DRC. In June, national police chief John Numbi was suspended [JURIST report] as part of the ongoing investigation into the murder of human rights activist Floribert Chebeya. In December, Human Rights Watch urged MONUSCO to stop funding military groups [JURIST report] in the country that are committing human rights abuses. In December 2008, Amnesty International reported that rape and sexual warfare have been employed [JURIST report] by both the DRC military and by rebel forces.


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Sri Lanka ex-army chief convicted on corruption corruption charges
Megan McKee on September 17, 2010 9:51 AM ET

[JURIST] Former Sri Lankan army chief Sarath Fonseka [BBC profile; JURIST news archive] was convicted Friday by a court-martial on charges of corruption and sentenced to three years in prison. The court found [AFP report] that Fonseka gave preference to an arms company operated by his son-in-law. The court's conviction and sentencing must still be ratified by President Mahinda Rajapaksa [official profile; JURIST news archive], who is expected to do so later this month after returning from the UN general assembly. Fonseka, who is credited with bringing an end to the 26-year civil war, was arrested shortly after his defeat in the January 2010 presidential election in which he ran against Rajapaksa. He has been held in military custody since the arrest. Fonseka's lawyers have accused the court of irregularities, and Fonseka has accused the government of seeking revenge for his decision to run in the presidential elections. He says he expects to be jailed.
Last month, Fonseka announced his decision to appeal [JURIST report] his conviction on charges of engaging in politics while on active duty. Fonseka was accused [JURIST report] of trying to secure a place in a political party before he quit his military position. Accordingly, he was dishonorably discharged and stripped of his rank, medals and pension. In July, the High Court of Sri Lanka [official website] conducted the first hearing in a case accusing Fonseka of provoking violence and bringing disrepute to the government. The charges are in relation to statements made to the Sunday Leader [media website] newspaper, which suggested that the government of Rajapaksa ordered the killing of surrendering rebel leaders during the Sri Lankan civil war.


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US Senate committee approves Russia nuclear arms reduction treaty
Daniel Makosky on September 17, 2010 8:26 AM ET

[JURIST] The US Senate Foreign Relations Committee [official website] on Thursday voted 14-4 [press release] to approve the so-called New START treaty [materials; BBC backgrounder] between Russia and the US. Along with 11 Democrats, three Republicans voted for its passage, including the committee's ranking member Richard Lugar (R-IN) [official website]. The new START treaty replaces the expired Strategic Arms Reduction Treaty (START I treaty) [materials], with Russia and the US each pledging to reduce their countries' nuclear warheads by about 30 percent. Under the terms of the treaty and its protocol, both countries would only be allowed to deploy 1,550 strategic warheads, a decrease from the 2,200 currently permitted. The treaty will now go before the full Senate, where it requires a two-thirds majority vote before it can take effect. In a statement, President Barack Obama [official website] encouraged continued bipartisan support [press release], saying the treaty's passage "will advance American leadership in the world, while strengthening our national security interest in the 21st century."
Reaction to the new treaty has been mixed. UN Secretary-General Ban Ki-moon [official website] called it a significant achievement [press release], while Senator Lamar Alexander (R-TN) [official website] said in April that it stands no chance [JURIST report] of passage this year. Obama and Russian President Dmitry Medvedev [official website] signed the treaty [JURIST report] in Prague in April. The agreement, reached [JURIST report] in February, is the first nuclear agreement between the two nations in nearly 20 years. The US State Department began negotiating [JURIST report] the treaty with Russia in 2009. Nuclear disarmament between the US and Russia, whose nuclear arsenals comprise 95 percent of the world's nuclear weapons, languished during the Bush administration. The treaty is considered a key part of easing tensions between the two countries, which reached a high point after the 2008 Georgia conflict [BBC backgrounder].


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