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Legal news from Friday, December 17, 2010 |
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France court sentences Basque separatist leader to 20 years
Jaclyn Belczyk on December 17, 2010 4:38 PM ET

[JURIST] A French court on Friday sentenced former Basque separatist leader Mikel Albizu Iriarte to 20 years in prison. Iriarte, also known as "Antza," was the leader of ETA [GlobalSecurity backgrounder; JURIST news archive], an organization blamed for the deaths of 829 people. Iriarte's partner Soledad Iparragirre Genetxea, also known as "Anboto," was also sentenced to 20 years as an ETA leader. Eight other people received sentences ranging from three to 16 years. The accomplices were arrested in 2004.
Earlier this month, a French appeals court sentenced another former ETA leader, Jose Antonio Urrutikoetxea, to seven years in prison for association with a terrorist organization. In March, the Spanish National Court [official website, in Spanish] sentenced [JURIST report] Arnaldo Otegi, a former leader of ETA's political wing Batasuna [BBC backgrounder; JURIST news archive], to two years in prison for promoting terrorism. The court held that comments made by Ortegi in a 2005 speech praised the terrorist acts committed by other ETA members. The court also disqualified Otegi from holding public office for 16 years. Otegi faces additional charges that could result in up to 30 years in prison.


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Germany prosecutors file war crimes charges against Rwandan genocide suspects
Sarah Paulsworth on December 17, 2010 2:40 PM ET

[JURIST] German prosecutors announced on Friday they are pursuing war crimes charges against two Rwandan men suspected of ordering the killing of Congolese citizens. The men, Democratic Forces for the Liberation of Rwanda (FDLR) [JURIST news archive] leader Ignace Murwanashyaka [HJP profile] and FDLR deputy leader Straton Musoni, were arrested in Germany [JURIST report] in November 2009. The FDLR allegedly instigated the 1994 Rwandan genocide [HRW backgrounder; JURIST news archive], in which 800,000 people were killed, before fleeing to the neighboring country of the Democratic Republic of Congo. According to German prosecutors, in addition to issuing an order that resulted in the killing of more than 200 people, Murwanashyaka and Musoni also issued orders that led to the rape of dozens of women [DW report] and the looting of numerous villages.
In August, German prosecutors charged a former Rwandan mayor with genocide [JURIST report] relating to his involvement in the Rwandan genocide. According to prosecutors, Onesphore Rwabukombe [Trial Watch profile] allegedly coordinated three massacres [AFP report] in which more than 3,700 Tutsis, who had sought refuge in a church, were killed. In June, a Finnish court convicted former Rwandan pastor [JURIST report] Francois Bazaramba on charges of genocide and murder and sentenced him to life in prison. Canadian prosecutors announced in November that a second suspect had been charged [JURIST report] under Canada's Crimes Against Humanity and War Crimes Act [text, PDF]. The first man charged under the act was Desire Munyaneza. In October, he was sentenced to life imprisonment [JURIST report] for war crimes committed during the Rwandan genocide. Munyaneza was convicted [JURIST report] in May 2009 of seven counts of genocide, crimes against humanity, and war crimes under the act.


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Federal appeals court declines to reconsider Conrad Black appeal
Jaclyn Belczyk on December 17, 2010 2:15 PM ET

[JURIST] The US Court of Appeals for the Seventh Circuit [official website] on Friday declined to reconsider the appeal of Canadian-born media mogul Conrad Black [CBC profile; JURIST news archive]. In October, a three-judge panel upheld two [opinion, PDF; JURIST report] of Black's four convictions, 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. On Friday, the court declined Black's request for an en banc rehearing to reconsider the two charges that were affirmed.
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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France court convicts 13 Chilean officials for Pinochet-era disappearances
Jaclyn Belczyk on December 17, 2010 12:40 PM ET

[JURIST] A French court on Friday convicted 13 former Chilean officials over the disappearance of four French citizens during the regime of Augusto Pinochet [BBC profile; JURIST news archive]. The defendants, primarily high-ranking military officers, were tried in absentia, and one defendant was acquitted. Two of the defendants were sentenced to life in prison [AP report]: Juan Manuel Contreras Sepulveda, Pinochet's chief of secret police, and Octavio Espinoza Bravo, an army colonel. The remaining defendants were sentenced to 15, 20, 25 and 30 years in prison. While the defendants were not present in court, it is hoped that the trial will offer some justice to the victims' families.
Pinochet himself was implicated in the disappearances, but he died in 2006 without ever facing trial. In July, the Chilean Supreme Court released a report detailing the secret fortune of Pinochet, estimating it at over $20 million. This report joins another on Pinochet's hidden assets released last September [JURIST report]. That report concluded that Pinochet amassed USD $25,978,602 in accounts held outside of Chile, of which $20,199,753 is suspected to have been embezzled from official funds. The September report also concluded that the funds were accumulated [Los Tiempos report, in Spanish] over the period from 1973 to 2004, when a US Senate sub-committee investigation first uncovered the accounts [JURIST report]. Victim advocates say the report supports allegations that Pinochet was the recipient of bribes and had other unlawful sources of income.


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Nokia sues Apple in Europe for patent infringement
Jaclyn Belczyk on December 17, 2010 11:29 AM ET

[JURIST] Finnish telecommunications company Nokia [corporate website] on Thursday filed 13 patent infringement complaints [press release] against Apple [corporate website] in the UK, Germany and the Netherlands. The complaints, filed in the UK High Court, Dusseldorf and Mannheim District Courts in Germany and the District Court of the Hague, Netherlands, accuse Apple of infringing 13 of Nokia's patents, including touchscreen technology used on the the iPhone, iPad and iPod Touch. The complaints join 24 patent claims already filed by Nokia against Apple is US courts. In October 2009, Nokia sued [JURIST report] Apple in the US District Court for the District of Delaware [official website] for allegedly violating 10 patents on wireless technology on the iPhone. In May, Nokia filed a complaint [JURIST report] in the US District Court in the Western District for Wisconsin [official website] alleging that Apple iPad and iPhone 3G products infringe additional Nokia patents. Apple counter-sued last December, claiming Nokia had stolen 13 patents from the company.
Nokia is not the only competing corporation to have taken legal action against Apple over alleged patent infringements. Last week, a judge for the US District Court for the Western District of Washington [official website] dismissed a patent infringement lawsuit [JURIST report] by Microsoft co-founder Paul Allen against Apple and 10 other companies. Patent holding company NTP filed suit [JURIST report] in July against Apple and Google, among other smart phone makers, related to the use of e-mail systems utilizing technology patented by NTP. The US International Trade Commission (ITC) [official website] launched an investigation [JURIST report] in June into allegations by HTC Corp [corporate website] accusing Apple of patent infringement on certain portable electronic devices.


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US pledges support for UN indigenous rights declaration
LaToya Sawyer on December 17, 2010 11:19 AM ET

[JURIST] US President Barack Obama announced Thursday that the US will support [press release] the UN Declaration on the Rights of Indigenous People [text]. The declaration, adopted [JURIST report] in 2007, is a non-binding treaty outlining the global human rights of approximately 370 million indigenous people and banning discrimination against them. The US was one of four member states that originally opposed adopting the treaty, citing concerns that its text conflicted with their countries' own laws, among other contentions. At Thursday's press conference, however, Obama specifically expressed support for the Tribal Nations within the United States and the ways in which the government was committed to executing strategies to help meet the challenges of the Native American communities:Our strategy begins with the number one concern for all Americans right now -- and that's improving the economy and creating jobs. ... So to help spur the economy, we've boosted investment in roads throughout the Bureau of Indian Affairs and the Indian Reservation Road Program, and we've offered new loans to reach reservations with broadband. ... Another important part of our strategy is health care. We know that Native Americans die of illnesses like diabetes, pneumonia, flu -- even tuberculosis -- at far higher rates than the rest of the population. ... We're [also] rebuilding schools on tribal lands while helping to ensure that tribes play a bigger role in determining what their children learn. ... We're also working to improve the programs available to students at tribal colleges. And I'm confident that if we keep up our efforts, that if we continue to work together, that we will live up to the simple motto and we will achieve a brighter future for the First Americans and for all Americans. In addition, the US plans to implement strategies to attack the increasingly high crime rates that plague the Tribal Nation communities, to put more land in the hands of tribes and to upset the long-term history of government mistreatment of the Native American communities.
The US is the last member state of those in opposition to sign the declaration. Last month, Canada endorsed [JURIST report] the declaration citing [statement] encouragement from community leaders and other countries' experiences in reversing its position on the document. The Canadian government described the move as one intended to strengthen relationships with indigenous communities. In April, New Zealand endorsed [AFP report] the declaration, as did Australia [JURIST report] in 2009.


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Turkish court opens landmark coup trial
Jaclyn Belczyk on December 17, 2010 9:25 AM ET

[JURIST] A Turkish court on Thursday began the trial of nearly 200 military officers accused of plotting to overthrow the government. The 2003 Balyoz Security Operation Plan [Taraf report, in Turkish; Al Jazeera backgrounder], or "Sledgehammer" plot [JURIST news archive], which included plans to bomb Istanbul mosques and provoke Greece into shooting down a Turkish plane in order to undermine the government, was revealed by the Taraf [media website] newspaper in January. The military has maintained that the plot was a war game exercise. If convicted, the 196 defendants face up to 20 years in prison. The trial could take years to complete.
In June, the trial of 33 retired and active naval officers began [JURIST report]. The officers were accused of attempting to overthrow the government and establish military rule in another plot planned by a group called Ergenekon [BBC backgrounder; JURIST news archive]. The group allegedly planned to assassinate prominent members of Turkey's Christian and Jewish minority groups, blame Islamic terrorists for the deaths and use this to delegitimize the the ruling Justice and Development Party (AKP) [party website]. Prosecutors in the case will attempt to link the 33 defendants to a plan to detonate a bomb in an Istanbul museum and the deaths of a Catholic priest, Protestant missionaries and journalist Hrant Dink. The investigations have strained relations between the religiously-inclined government and the secular military, which has been responsible for four coups in the last 50 years. Since the founding of the modern republic in 1923, the military has regarded itself as the defender of the secular legacy of founder Mustafa Kemal Ataturk [Turkish News profile].


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