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Legal news from Monday, September 27, 2010 |
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France ex-president Chirac settles with Paris in corruption case
Matt Glenn on September 27, 2010 3:12 PM ET

[JURIST] The Paris city council voted Monday to accept a deal in which former French president Jacques Chirac [official profile; JURIST news archive] will pay the city USD $741,000 in compensation for money he allegedly paid to supporters for whom he created false jobs. In exchange for the compensation, the city agreed to drop out of a corruption suit [France 24 report] against Chirac. Chirac is accused of financing the Rally for the Republic (RPR), now renamed as the Union for a Popular Movement [party website, in French], while mayor of Paris by illegally establishing fake city positions for party members to collect salaries totaling several million dollars. Chirac says the payment is not an admission of guilt. On Friday, a French court will set a date [Bloomberg report], most likely early next year, for Chirac's criminal trial on the corruption charges. If convicted, Chirac faces up to 10 years in prison and fines that could exceed USD $200,000.
In December, a French judge placed Chirac under preliminary investigation [JURIST report]. Chirac was ordered to stand trial [JURIST report] on related charges of embezzlement and misuse of public funds last October. Chirac will be the first former French president to stand trial [JURIST comment] since the formation of the current Republic in 1958. The charges were originally filed in 2007 [JURIST report] after Chirac's presidency ended and he no longer had judicial immunity. In July 2007, French investigating magistrates questioned Chirac as a material witness [JURIST report] in their probe of the corruption allegations.


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Israel asks UN rights committee to cease probe into 2008-2009 Gaza conflict
Brian Jackson on September 27, 2010 2:58 PM ET

[JURIST] The Israeli Ambassador to the UN on Monday called for an end to the UN Human Rights Council (UNHRC) [official website] investigation into Israeli actions during the 2008-2009 Gaza campaign [JURIST news archive], Operation Cast Lead, which resulted in the deaths of 1,400 Palestinians. The ambassador, Aharon Leshno Yaar, called the UNHRC investigation biased [Jerusalem Post report] and said that Israel was conducting its own investigation to determine whether there was any Israeli misconduct during the campaign. Last week, the UNHRC criticized [JURIST report] the efforts of both Israel and Hamas in investigating any abuses during the conflict. Yaar's opinion of the UNHRC is shared by others [Jerusalem Post op-ed] within Israel who see the council as a "farce," partly because of the inclusion of Saudi Arabia and Libya.
In July, a group of lawyers in Morocco filed a complaint against Israeli officials [JURIST report], including former prime minister Ehud Barak, for violation of anti-terror laws during Operation Cast Lead. A similar complaint was previously filed in the UK, prompting Israeli military officials to cancel a January trip [JURIST report] to that nation amid fears that they would be arrested. Earlier in July, Israel announced that several soldiers would face disciplinary action [JURIST report] for their role in the conflict, including a charge of manslaughter for one soldier.


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Kosovo president resigns after constitutional court ruling
Matt Glenn on September 27, 2010 2:10 PM ET

[JURIST] Kosovar President Fatmir Sejdiu [official website] resigned [press release] Monday following last week's Constitutional Court [official website] ruling [press release] that his dual roles as president and head of the Democratic League of Kosovo (LDK) violated the country's constitution. Sejdiu said he did not believe his title as president of the LDK violated the constitution since he was not exercising duties associated with that role. "However," he stated, "since the Constitutional Court has ruled otherwise, I respect its ruling, despite the fact that the ruling rendered by the Court or a reasoning thereto has not been served on me." Sedjiu will be replaced on an interim basis by Speaker of Parliament Jakup Krasniqi [official website] of the Democratic Party of Kosovo (PDK). Some fear Sejdiu's resignation could cause strife [AFP report] within the government, since a coalition agreement calls for a president from the LDK and a prime minister, currently Hashim Thaci [official profile], from the PDK. Sejdiu's resignation could also negatively impact upcoming discussions [AFP report] with Serbia.
In July, the Serbian National Assembly [official website] passed a resolution [JURIST report] that Serbia would never recognize Kosovo's independence. Earlier that month, the International Court of Justice (ICJ) [official website] ruled that Kosovo's 2008 declaration of independence from Serbia [JURIST reports] did not violate international law In June, a group of 25 countries that recognize Kosovo's independence urged the government to increase its efforts [JURIST report] to battle crime and corruption after meeting with Sejdiu and Thaci.


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Australia military prosecutor to charge soldiers over Afghan civilian deaths
Brian Jackson on September 27, 2010 2:05 PM ET

[JURIST] Australian Director of Military Prosecutions Brigadier Lyn McDade announced Monday that she will charge three Australian special forces soldiers [press release] in the deaths of six Afghan civilians during a 2009 operation. The deaths occurred as Australian forces attempted to clear a compound in Uruzgan province, where it was suspected that a Taliban leader was hiding. The men face a variety of charges, including, "manslaughter, dangerous conduct, failing to comply with a lawful general order and prejudicial conduct." The Australian Department of Defence [official website] released its own statement [text], emphasizing the independent nature of the Director of Military Prosecution and laying out some of the procedures and protocols involved in a military prosecution.Two of the three accused chose to make public statements [Sydney Morning Herald report]:Words will never adequately express our regret that women and children were killed and injured during the incident on 12 February 2009. These were people we were risking our lives to protect. However, it should not be forgotten that the casualties were ultimately caused by the callous and reckless act of an insurgent who chose to repeatedly fire upon us at extreme close range from within a room he knew contained women and children. This forced us to make split-second decisions, under fire, which almost certainly saved the lives of our fellow Australian and Afghan soldiers. McDade declined to comment on any of the evidence or the merits of the case, and no timeline for the proceedings was revealed.
The announcement by the Australian military prosecutor comes on the same day that a former UN official called for an investigation [JURIST report] into war crimes committed by both the Taliban and coalition forces in Afghanistan. In June, a US soldier was charged with three counts of murder [JURIST report] in the deaths of three Afghan civilians that occurred between January and May of this year. The charges against the Australian soldiers do not represent the first time that personnel from that country have faced scrutiny for actions in Afghanistan. In 2008, an internal probe cleared members of the Australian military [JURIST report] of allegations that they mistreated Taliban detainees.


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China government cites human rights improvements
Ann Riley on September 27, 2010 1:16 PM ET

[JURIST] The State Council Information Office of the People's Republic of China [official website, in Chinese] released a position paper [press release, in Chinese] Sunday on the country's human rights record, claiming that it has heightened Internet freedoms and improved civil and political rights. The Progress in China's Human Rights in 2009 [text] white paper cites seven progressions in Chinese human rights areas, including:China's stable and rapid economic development, improving citizens' living conditions, per capita income, and public health; Strengthened civil and political rights and furthering democracy and the legal system; Improvements to judicial protections of human rights and law enforcement; The Chinese government's promotion of citizens' economic, social, and cultural rights; Equal access to the Chinese constitution and civil rights for all ethnic groups and increased support for minority groups; Increased protection to the rights of people with disabilities; and China's active cooperation and participation in the area of international human rights causes. The white paper also describes how the Internet has become a tool for the Chinese government [Xinhua report] to promote transparency and consult the public before developing certain policies. While the government said freedom of speech is protected on the Internet, it also attached value to the Internet's role in supervision [Xinhua report]. Last year, China issued its first national plan [JURIST report] aimed at protecting human rights. The National Human Rights Action Plan of China [text] was framed by the Chinese Constitution [text] and based on principles [Xinhua report] found in the Universal Declaration of Human Rights [text] and the International Covenant on Civil and Political Rights [text], which the government has signed [accession chart] but not ratified [JURIST report].
In July, Chinese Internet regulators planned to drastically reduce Internet anonymity [JURIST report] by requiring users to use their real names when posting on certain Chinese websites, according to documents [text] released by New York-based human rights group Human Rights in China (HRIC) [advocacy website]. HRIC's revelation comes on the heels of a June announcement that Google will continue to operate its google.cn Internet search engine in mainland China, ending a four-month period during which the site simply redirected to the uncensored google.hk [search websites; JURIST report] after the company threatened in January to pull out of China entirely [JURIST report]. Earlier that month, the Chinese government defended [JURIST report] its Internet censorship laws in a report [materials] on Internet usage in the country. In February, the government announced new regulations [JURIST report] further restricting Internet use by requiring Chinese citizens to submit identity cards and meet with regulars before registering a website, prompting many to register sites overseas to avoid regulation.


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Karadzic takes stand as war crimes trial resumes
Ann Riley on September 27, 2010 1:05 PM ET

[JURIST] Former Bosnian Serb president Radovan Karadzic [case materials; JURIST news archive] appeared before the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] as his trial resumed Monday to defend himself against charges of war crimes. According to news reports, Karadzic did not appear to obstruct the process of the ICTY [CNN report], despite repeatedly seeking to have his trial delayed. Karadzic is defending himself against 11 counts [amended indictment, PDF], including genocide and murder, and has denied all of the charges. Karadzic is accused of being responsible for the July 1995 massacre of 8,000 Muslims in eastern Bosnia.
In September, ICTY judges warned that trial might take another four years [JURIST report], two years longer than expected. Karadzic's trial previously resumed in April, after the ICTY dismissed [JURIST reports] his latest motion to delay court proceedings, in which he argued that there had been a violation of his right to a fair hearing because the court had rejected previous evidentiary challenges. In March, Karadzic lost another motion [JURIST report] to postpone his war crimes trial on charges related to crimes committed during the 1992-1995 Bosnian conflict. Karadzic claimed that a February ruling increasing the remuneration for his defense lawyers should also give him extra time to prepare for his case. Earlier in March, the ICTY heard opening statements [JURIST report]. Karadzic claimed that attacks against Bosnian Muslims were "staged," denying [JURIST report] any involvement in war crimes. In February, the ICTY rejected [JURIST report] Karadzic's imposition of a court-appointed defense lawyer, claiming the right to legal assistance of his own choosing.


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Former UN rights expert urges Afghanistan war crimes investigation
Carrie Schimizzi on September 27, 2010 9:29 AM ET

[JURIST] Former UN special rapporteur on extrajudicial, summary or arbitrary executions Philip Alston [JURIST news archive] on Sunday called for an investigation [Guardian report] into alleged war crimes in Afghanistan. In his first interview since stepping down from his UN position, Alston urged the UN Human Rights Council (UNHRC) [official website] to investigate conduct by both the Taliban [CFR backgrounder] and US and British military forces and suggested the UNHRC model the inquiry after the investigation [JURIST report] of the Israeli military's actions in the Gaza Strip last year. In the interview, Alston expressed serious concern over the lack of prosecution for alleged war crimes and the number of civilian deaths during the war in Afghanistan, especially alleged civilian killings by US and British forces, which were recently revealed [JURIST report] in secret military files published by WikiLeaks [website]. Alston said the UNHRC is in a better position to handle the investigation than the International Criminal Court (ICC) [official website] because the US is not a signatory to the Rome Statute [text, PDF] and cannot be held responsible by any ICC investigation:If states are not carrying out reasonably neutral investigations and prosecutions of what appear to be serious violations, it does leave open the possibility that the international community should be intervening in some way. The problem is that the ICC can't hold the Taliban to account, and nor can they hold the Americans to account in any practical sense. Unlike the US, Afghanistan is a party to the Rome Statute, giving the ICC jurisdiction over war crimes committed on Afghan territory. More than 1,000 Afghan civilian deaths [JURIST news archive] have occurred in the first six months of 2010.
In August, Amnesty International (AI) [advocacy website] called for the Taliban and other insurgent groups in Afghanistan to be tried for war crimes [JURIST report] for targeting civilians. The statement was released following the 2010 Mid-Year Report on Protection of Civilians in Armed Conflict [text; UN News Centre report] from the UN Assistance Mission in Afghanistan (UNAMA) [official website]. The report found that, in the first six months of 2010, there were 3,268 civilian deaths and injuries, 76 percent of which were attributed to the Taliban and allied groups fighting NATO forces and the government of Afghan President Hamid Karzai [official profile]. In March, Human Rights Watch (HRW) [advocacy website] urged the Afghan government to retract a law granting amnesty [JURIST report] for war crimes and human rights abuses committed by the Taliban and others prior to December 2001. The law contradicted a plan adopted by the Afghan government [JURIST report] in 2005 to investigate war crimes and human rights violations committed while the Taliban controlled the government.


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UK rights commission concerned over new interrogation guidelines
Carrie Schimizzi on September 27, 2010 8:12 AM ET

[JURIST] The UK Equality and Human Rights Commission (EHRC) [official website] expressed concern [press release] Monday that the country's new regulations [materials, PDF] regarding information obtained through torture of foreign detainees may still leave intelligence agents vulnerable to legal action for human rights crimes committed by others. The guidelines provide steps that must be taken by intelligence officers before they interview, interrogate or solicit the detention of terror suspects held by foreign governments. The guidance also prohibits interrogation officials from further action if they "know or believe" the torture of a detainee will take place. The EHRC is concerned that the wording of the guidance will mislead interrogators, who could potentially be held personally liable for the torture of suspects. The EHRC said that it sent a letter to Prime Minister David Cameron [official website] advising the government to amend the wording of the guidance in order to ensure the protection of interrogation officials. The letter suggests prohibiting an interrogation officer from proceeding when there is a "serious risk of torture" and provides factors to be taken into consideration by ministers who are reviewing an interrogation situation. The EHRC's Legal Group Director, John Wadham, stated the guidelines are "not consistent" with national or international human rights laws:In these cases, the guidance suggests that the officer can proceed provided the risks can be mitigated through caveats or assurances or if Ministers have been consulted. ... The government now has the opportunity to bring its guidance within the law so that the intelligence service itself and its individual officers do not unwittingly leave themselves open to costly and time consuming court action. A spokesperson for the UK Cabinet Office [official website] denied [Guardian report] the EHRC's allegations, saying that the UK government "is confident that the guidance is legal and consistent with domestic and international law." The new guidelines were published in July after several foreign detainees made claims that the British government was complicit in the torture of detainees overseas.
In July, the UK high court announced [JURIST report] that a lawsuit, filed by former Guantanamo Bay [JURIST news archive] detainees and alleging that the UK government was complicit in their torture, could proceed. The lawsuit, filed by 12 ex-detainees, alleges that British agents took part in their mistreatment while they were held in prisons in foreign countries, including Pakistan and Morocco. Also in July, Cameron announced [JURIST report] the creation of a panel to investigate these complicity claims. A similar lawsuit was filed by the human rights group Reprieve [advocacy website], which had been seeking a review of the country's torture policy. Additional claims of complicity were made against the government in a July report [materials] released by Human Rights Watch (HRW) [advocacy website]. According to HRW, intelligence services in France, Germany and the UK lack proper oversight of intelligence information that is received from countries that torture.


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Federal judge declares mistrial in murder case against Blackwater contractors
Zach Zagger on September 27, 2010 7:45 AM ET

[JURIST] A judge for the US District Court for the Eastern District of Virginia [official website] declared a mistrial Monday in a murder case against two Blackwater [JURIST news archive] defense contractors after the jury failed to reach a verdict. The jury notified Judge Robert Doumar Monday morning that they were still split [LAT report] after nine hours of deliberation spread over three days. A new trial [AP/WAVY report] is set for March 1, 2011. Christopher Drotleff, of Virginia Beach, Virginia, and Justin Cannon, of Corpus Christi, Texas, are charged with killing two unnamed Afghan civilians in Kabul last year. The defendants argued that they shot at the civilians in self-defense because the civilians' sedan had crashed into another vehicle the defendants were traveling with, flipping it over, and then headed toward them.
In April, federal prosecutors said they would not seek the death penalty [JURIST report] against Drotleff and Cannon, but the defendant's could still face life imprisonment. Also in April, a federal grand jury indicted [JURIST report] five former Blackwater executives on charges of weapons violations and lying to criminal investigators. In February, the Iraqi government ordered approximately 250 former Blackwater employees to leave Iraq [JURIST report]. The government was reacting to a US federal court's December decision to dismiss charges against five former Blackwater employees accused of killing 17 innocent Iraqi civilians [JURIST reports] in 2007 because information against the defendants was obtained unconstitutionally. Earlier that month, the New York Times reported that the US Department of Justice [official website] is investigating [JURIST report] Blackwater, now known as Xe, to determine whether the company bribed the Iraqi government to allow it to continue operating in Iraq following the 2007 shootings. Blackwater ceased operations in Baghdad [JURIST report] in May 2009 when its security contracts for the protection of US diplomats expired.


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