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Legal news from Friday, October 29, 2010 |
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Guatemala police convicted in disappearance with evidence from rediscovered archive
John Paul Putney on October 29, 2010 3:35 PM ET

[JURIST] A Guatemalan judge on Thursday sentenced former National Police (NP) officers Hector Roderico Ramirez Rios and Abraham Lancerio Gomez to 40 years in prison for the 1984 forced disappearance of Fernando Garcia, based on evidence found in an abandoned NP archive discovered in 2005 [ReVista article]. In February, Garcia, a student and union leader, was shot and taken to a police hospital never to be seen again. The case was brought to trial 26 years later after new evidence was uncovered in an abandoned NP archive found in a former munitions dump in Guatemala City in 2005. Students and labor activists were frequently targeted throughout Guatemala's 36-year civil war [GlobalSecurity backgrounder] from 1960-1996, killing an estimated 200,000 unarmed civilians and disappearing another 40,000. The UN-sponsored Commission for Historical Clarification found the government was responsible for 93 percent of the crimes and rebuked the government for denying the existence of official records of the conflict. Ramirez Rios and Gomez are the first to be tried and convicted [Reuters report] based on information recovered from the NP archive. Although the officers were not convicted on all the charges brought, rights activists hope this case will serve as a catalyst for more investigations [El Periodico report, in Spanish].
Guatemala's government has been plagued with accusations of corruption and impunity for government officials, including law enforcement. In August, the International Commission Against Impunity in Guatemala (CICIG) [official website, in Spanish] announced that it had issued arrest warrants for former government officials including those for former interior minister Carlos Vielmann, former police director Erwin Sperissen and former prison director Alejandro Giammettei in relation to the extrajudicial killing of several inmates [JURIST report]. In June, the Guatemalan Constitutional Court removed Attorney General Conrado Reyes from power [JURIST report]. Reyes was appointed to the position by Guatemalan President Alvaro Colom, but he came under close scrutiny when the former head of the CICIG, Carlos Castresana, resigned accusing Reyes of having ties to organized crime [JURIST report]. In March, Guatemalan authorities arrested two high-ranking police officials leading the country's war on drugs on charges of corruption and drug trafficking in connection with a drug-related shoot-out [AP report] last year between drug traffickers and a gang of police accused of stealing large quantities of cocaine for profit. In January, Guatemalan authorities issued an arrest warrant [JURIST report] for former president Alfonso Portillo [CIDOB profile, in Spanish], after the US government requested his extradition to face charges of money laundering.


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UN rights expert calls for investigation of alleged rapes on Angola-DRC border
Matt Glenn on October 29, 2010 2:04 PM ET

[JURIST] UN Special Representative for Sexual Violence in Conflict Margot Wallstrom [official profile] on Thursday condemned alleged gang rapes of at least 30 Congolese women who were being deported from neighboring Angola [BBC backgrounder; JURIST news archive] and called for both countries to investigate. A UN official indicated that the alleged victims [UPI report] were among about 150 Congolese deported from Angola [UN News Centre report] recently. A 2009 agreement [BBC report] between Angola and the Democratic Republic of the Congo (DRC) [BBC backgrounder; JURIST news archive] called for each government to cease mass expulsions of the other's citizens. Wallstrom called on the governments of both countries [UN News Centre report] to identify the perpetrators and enhance efforts to protect women and children. Also Thursday, US State Department [official website] Assistant Secretary Philip Crowley told reporters [text]: [T]he United States has repeatedly condemned the epidemic of sexual violence in conflict zones around the world and continues to speak out on this issue. We support efforts to protect local populations against sexual and gender-based violence and to bring to justice those who commit such atrocities. We are reacting to reports of rapes along the Angola-Congo border and we encourage Angolan officials to investigate these allegations and determine who perpetrated the alleged human rights violations against Congolese women before their deportation. Crowley urged both governments to address migration issues and protect women and children.
Many in the international community have grown concerned by mass rapes in the Congo region recently. Earlier this month, UN peacekeepers and DRC forces arrested [JURIST report] rebel group Mai Mai Cheka [GlobalSecurity backgrounder] leader Lieutenant Colonel Sadoke Kokunda Mayele for allegedly leading mass rapes [JURIST news archive], along with the Democratic Forces for the Liberation of Rwanda (FDLR) [Global Security backgrounder] and other rebel groups, in the DRC in late July and early August. Earlier this month, the UN released a report on war crimes [text, PDF; JURIST report] and human rights abuses in the DRC. The report, originally expected to be released in September [JURIST report], lists 617 of the most serious violations of human rights, including violence against children, genocide and mass rape, committed between 1993 and 2003. Last month, the UN Security Council [official website] issued a statement condemning the recent mass rapes [text; JURIST report] and calling for justice for the victims. Also last month, Wallstrom called for perpetrators of mass rapes, including heads of DRC militias, to face war crimes charges [JURIST report].


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Rights groups urge Senate to pass bill allowing cameras in Supreme Court
Zach Zagger on October 29, 2010 1:44 PM ET

[JURIST] A coalition of 37 public interest groups, led by the American Civil Liberties Union, the Citizens for Responsibility and Ethics in Washington and the Alliance for Justice [official websites], sent a letter [text, PDF] to the Senate Thursday urging it to pass legislation [S 446 text, PDF] that would allow television coverage of Supreme Court proceedings. The letter argues that coverage of Supreme Court oral arguments would allow the public to better understand the justice system, which will "inure to the benefit of all Americans by heightening their awareness of one of the three co-equal branches of our Federal government." The letter cited a C-SPAN [official website] poll where 63 percent of the respondents supported cameras in the Supreme Court, a number that increased to 85 percent when the respondents not in favor of the cameras were told that the Court has limited seating and only meets in Washington DC. The legislation was voted out of the Judiciary Committee in June by a vote of 13-6 and was sponsored by Senator Arlen Specter (D-PA) [official website], who has been a long supporter of cameras in the court.
The Supreme Court has been reluctant to allow its proceedings to be televised. In April, Justice Stephen Breyer said he was wary [WP report] of cameras in the court because it would put pressure on the trial courts to do the same and that only showing the oral arguments would be insufficient for the public to understand what was happening. Specter, on the other hand, has pushed for cameras in the court [WP op-ed], citing the controversial Bush v. Gore case, where cameras covered the events following the 2000 presidential election up to the point it went before the court. Professor Majorie Cohn of Thomas Jefferson School of Law, has written about the need for more television coverage of the court and, in January, criticized [JURIST Op-Ed] the court for stopping the federal trial court hearing California's Proposition 8 case as a way to use procedural excuses to keep a controversial issue hidden.


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Federal appeals court upholds 2 of 4 Conrad Black convictions
Drew Singer on October 29, 2010 1:43 PM ET

[JURIST] The US Court of Appeals for the Seventh Circuit [official website] on Friday upheld two of four convictions [opinion, PDF; oral argument, MP3] of Canadian-born media mogul Conrad Black [CBC profile; JURIST news archive], one for fraud and one for obstruction of justice. The court held that the other two fraud charges must be dismissed after the US Supreme Court upheld the "honest service" doctrine [18 USC § 1346 text] and ruled that it applied [JURIST report] to Black's case. The appeals court noted that, for sentencing purposes, the "jury's verdict of acquittal does not prevent the sentencing court from considering conduct underlying the acquitted charge, so long as that conduct has been proved by a preponderance of the evidence." Prosecutors indicated that they were pleased with the result [BBC report], despite the two charges being dismissed.
Black originally faced 17 counts of fraud, obstruction of justice, racketeering and tax evasion. He was accused [indictment, PDF] by the US government of diverting more than $80 million from Hollinger International and its shareholders [JURIST report] during Hollinger's $2.1 billion sale of several hundred Canadian newspapers. In July 2007, Black was convicted of mail fraud and obstruction of justice and sentenced to 78 months in prison. The court of appeals initially rejected Black's appeal, holding that § 1346 may be applied in a private setting regardless of whether the defendant's conduct risked any foreseeable economic harm to the victim. The Supreme Court granted certiorari last year to determine the scope of the "honest services" clause, and held that Black had properly objected to the jury instructions at trial concerning the honest service doctrine and remanded the case to the circuit court for an opinion consistent with the judgment in Skilling v. United States [JURIST report]. Black is also currently facing charges before the US Tax Court for failure to pay nearly $71 million in taxes [Bloomberg report]. He denies being obligated to pay the taxes because he is not a US citizen.


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Iraq Kurdistan journalists facing violence, lawsuits: HRW
Aman Kakar on October 29, 2010 1:41 PM ET

[JURIST] Journalists in Iraqi Kurdistan who criticize the government are facing increased intimidation, violence and lawsuits [press release], Human Rights Watch (HRW) [advocacy website] reported Friday. HRW criticized the secret investigation into the May killing of journalist Saradasht Osman, who had written articles criticizing the Kurdistan Democratic Party (KDP) [party website] and Patriotic Union of Kurdistan (PUK) [GlobalSecurity backgrounder], the region's two ruling parties. HRW also said that journalists in Iraq have faced increasing defamation claims for articles criticizing politicians, political parties and government officials. Ziad al-Ajili of Baghdad-based Journalistic Freedom Observatory (JFO) [advocacy website, in Arabic] said that officials have filed at least 200 lawsuits over the past two years. Under a 2008 press law passed by the regional government, imprisonment is no longer a penalty for publication-related offenses, authorities can no longer shut down media organizations as a penalty and there is a cap on the amount of damages a court can order. However, HRW claims that the 2008 law is not widely applied, and courts have allowed cases to be filed under the 1986 penal code, which provides for fines and jail times. The KDP has filed more than 10 lawsuits in the past two months under the 1969 law, according to the Metro Center to Defend Journalists, a JFO affiliate focusing on northern Iraq.
In August 2009, the Iraqi Government [official website, in Arabic], announced the drafting of a law that proposes a framework to safeguard Iraqi journalists [JURIST report]. The proposed law has been stalled in the Parliament since its proposal [AP report]. In July 2008, Soran Mama-Hama, an investigative reporter for Livin Magazine who had written articles critical of Kurdish authorities, was assassinated in Kirkuk. Several journalists have fled Northern Iraq after receiving threats following critical articles about the two leading political parties. Reporters Without Borders (RWB) [advocacy website] ranked Iraq 130 in their 2010 Press Freedom Index. In September, RWB released a report detailing the 230 murders of journalists [materials] that have occurred since 2003. Their profile of Iraq lists several journalists who have faced lawsuits and have been victimized by violence [materials].


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China court official criticizes Nobel committee for awarding peace prize to Liu Xiaobo
Julia Zebley on October 29, 2010 1:28 PM ET

[JURIST] A spokesperson for China's Municipal Higher People's Court on Friday criticized [Xinhua report] those responsible for granting the Nobel Peace Prize to dissident Liu Xiaobo [BBC profile; JURIST news archive]. Liu, who was awarded the 2010 Peace Prize [JURIST report], is currently serving an 11-year sentence for subversion of state power. The unnamed spokesperson reinforced China's dedication to the rule of law and criticized the international community, saying:China is a nation governed by law. Its judicial sovereignty brooks no interference and the dignity of the judiciary must be safeguarded. Anyone, who violates Chinese law, must be punished according to law. ... China's judicial organs will strictly follow Chinese law and the court verdict, which has come into effect, to execute the punishment given to Liu. ... We strongly oppose some people making arbitrary criticism on China's judicatory with double standards. While Liu remains imprisoned in China, the Nobel committee is unsure who will accept the award [Reuters report] at the ceremony in December. His wife, activist Liu Xia, has been under house arrest [Guardian report] in Beijing since earlier this month after visiting her husband in prison to notify him of the award.
The Nobel committee announced that Liu won the 2010 award for being one of China's most prominent non-violent activists. His alleged subversive acts include co-authoring Charter 8 [text], a document critical of China's position as a single-party state and alleged human rights violations, and being a participant in the Tiananmen Square protests [BBC backgrounder]. Liu's initial involvement in Tiananmen Square resulted in a two-year prison sentence, while his current 11-year sentence began following a December 2009 trial [JURIST report]. Liu appealed his sentence, and a Chinese appeals court upheld the judgment [JURIST report] in February. Sarah Cook, the Asia Research Analyst and Assistant Editor for Freedom House, called the sentence [JURIST comment], "symptomatic of more systemic problems and politicization of the Chinese legal system."


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Myanmar high court hears Suu Kyi appeal
Brian Jackson on October 29, 2010 12:55 PM ET

[JURIST] The Myanmar Supreme Court on Friday heard the final appeal filed by pro-democracy activist Aung San Suu Kyi [BBC profile; JURIST news archive] challenging the extension of her house arrest. The hearing comes two weeks before Suu Kyi's house arrest is scheduled to end [JURIST report], but her lawyers maintain their goal is to prove her innocence [BBC report]. Suu Kyi's appeal was heard nine days before Myanmar will hold its first election in 20 years, elections that have been the target of significant skepticism [NYT report] around the world. Ahead of the election, UN Secretary General Ban Ki-Moon [official profile] called on Myanmar to release all political prisoners [UN Radio report], including Suu Kyi, saying, "[b]y releasing all political prisoners, the Myanmar authorities could help open the way for national reconciliation." A decision on the Suu Kyi appeal is expected within two weeks.
Suu Kyi's detention is widely believed to be focused on preventing her participation in the upcoming election. Under Myanmar's current election laws [JURIST report], a provision prohibiting political prisoners from seeking public office prevents Suu Kyi from participating as long as she remains under house arrest. As part of the final appeal of the house arrest term extension, Suu Kyi also seeks annulment of that portion [JURIST report] of the controversial law. The suit also seeks to stop the dissolution of her opposition party, the National League for Democracy (NLD) and requests the establishment of a parliament of lawmakers who won in the 1990 elections. Suu Kyi, a democracy advocate and Nobel Laureate, has spent 14 of the past 20 years in prison or under house arrest for alleged violations of an anti-subversion law [text, PDF].


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ICC president urges international community to arrest war crimes suspects
Megan McKee on October 29, 2010 9:05 AM ET

[JURIST] President of the International Criminal Court (ICC) [official website], Judge Sang-Hyun Song [official profile], called Thursday on the international community to redouble its efforts to arrest [press release] eight suspects sought for alleged war crimes, crimes against humanity or genocide. Of the eight individuals with outstanding arrest warrants are four commanders of the Ugandan Lord's Resistance Army (LRA) [BBC backgrounder] who have evaded arrest for over five years. The LRA is accused of killing, raping and mutilating more than 1,200 men, women and children, abducting at least 1,400 civilians and displacing almost 300,000 others. Sudanese President Omar al-Bashir [case materials; JURIST news archive] also continues to evade arrest. Al-Bashir is charged with various counts of war crimes, crimes against humanity and genocide. Song said that the failure to arrest these individuals has a devastating effect on victims and emphasized that a lack of cooperation will allow impunity to flourish.
Earlier this week, the ICC requested that Kenya arrest al-Bashir [JURIST report] when he visits the country for an Intergovernmental Authority for Development summit. In August, former UN secretary-general Kofi Annan [official profile; JURIST news archive] urged Kenya to reaffirm its commitment [JURIST report] to the ICC after it welcomed al-Bashir to a celebration for the country's adoption of a new constitution [JURIST report]. Days earlier the ICC reported Kenya [decision, PDF; JURIST report] to the UN Security Council and the Assembly of States Parties to the Rome Statute over al-Bashir's visit. The ICC also reported Chad [decision, PDF], another member state, for welcoming al-Bashir in July. During al-Bashir's visit to Chad, ICC chief prosecutor Luis Moreno-Ocampo [official profile] pledged that al-Bashir would eventually face trial before the ICC [JURIST report].


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