JURIST Supported by the University of Pittsburgh
PAPER CHASE ARCHIVEDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.
Listen to Paper Chase!


Legal news from Friday, December 17, 2010




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

Photo source or description
[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.




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


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

Photo source or description
[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.




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


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

Photo source or description
[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.




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


California regulators approve incentives for reducing greenhouse gas emissions
Sarah Paulsworth on December 17, 2010 12:58 PM ET

Photo source or description
[JURIST] California's Air Resources Board [official website] on Thursday approved measures that will provide incentives to companies and factories that decrease their greenhouse gas emissions [JURIST news archive]. The provisions are envisaged under Assembly Bill 32 (AB 32) [text, PDF; official backgrounder] and include a permit system [AP report] in which companies are allotted a quota of greenhouse emissions. If a company does not use all of its quota, it can sell to a company that is going to exceed its quota. Companies that exceed their quota can purchase "offsets" from companies involved in activities that lessen greenhouse emissions, like forestry. The program is reportedly the first of this type in the country. Supporters of the bill in California say they felt compelled to enact AB 32 after Congress failed to approve greenhouse gas reduction legislation. They hope they other states will follow suit.

In June, the US Senate [official website] defeated a resolution [materials; JURIST report] aimed at limiting the ability of the Environmental Protection Agency (EPA) [official website] to regulate greenhouse gas emissions under the Clean Air Act [materials]. The US Supreme Court [official website] affirmed the EPA's ability to regulate carbon emissions under the Clear Air Act in its 2007 ruling in Massachusetts v. Environmental Protection Agency [Cornell LII backgrounder; JURIST report]. In its ruling, the court held that if the EPA could show a link between greenhouse gas emissions and public health and welfare, then the act gives it the power to regulate emissions. The EPA announced last December [JURIST report] that it had found that greenhouse gases "threaten the public health and welfare of current and future generations," and that emissions from motor vehicles contribute to greenhouse gas pollution. The EPA first announced its proposed finding [JURIST report] in April before undertaking a 60-day public comment period. Some have suggested that the EPA findings have allowed Congress to avoid the political fallout [JURIST comment] that could come from passing tough climate legislation. AB 32 was first signed into law [JURIST report] by California governor Arnold Schwarzenegger in 2006.




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


France court convicts 13 Chilean officials for Pinochet-era disappearances
Jaclyn Belczyk on December 17, 2010 12:40 PM ET

Photo source or description
[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.




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


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

Photo source or description
[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.




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


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

Photo source or description
[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.




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


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

Photo source or description
[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].




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

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


LATEST OP-ED

The War on Terror and the Need for Muslim Support
DOMESTIC
Faisal Kutty
Valparaiso University Law School

Get JURIST legal news delivered daily to your e-mail!

SYNDICATION

Add Paper Chase legal news to your RSS reader or personalized portal:
  • Add to Google
  • Add to My Yahoo!
  • Subscribe with Bloglines
  • Add to My AOL

E-MAIL

Subscribe to Paper Chase by e-mail. JURIST offers a free once-a-day digest [sample]. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.


R|mail e-mails individual Paper Chase posts through the day. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.

PUBLICATION

Join top US law schools, federal appeals courts, law firms and legal organizations by publishing Paper Chase legal news on your public website or intranet.

JURIST offers a news ticker and preformatted headline boxes updated in real time. Get the code.

Feedroll provides free Paper Chase news boxes with headlines or digests precisely tailored to your website's look and feel, with content updated every 15 minutes. Customize and get the code.

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org