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Legal news from Tuesday, April 12, 2011




UN rights council announces members of Ivory Coast post-election violence panel
John Paul Putney on April 12, 2011 2:30 PM ET

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[JURIST] The UN Human Rights Council (UNHRC) [official website] announced [press release] on Tuesday the appointment of three "high-level experts" to lead the Commission of Inquiry charged with investigating allegations of human rights abuses in the Ivory Coast following elections. The appointments include Vitit Muntabhorn, a professor of law at Chulalongkorn University in Bangkok, who will serve as the Chair of the Commission. Other appointees include Suliman Baldo of Sudan, a widely recognized expert on conflict resolution, emergency relief, development, and human rights in Africa; and Reine Alapini Gansou of Benin who is a lawyer and the Chairperson of the African Commission on Human and Peoples' Rights since 2009. The announcement comes in the wake of the capture and arrest [JURIST report] of incumbent president Laurent Gbagbo on Monday by forces loyal to internationally recognized president, Alassane Ouattara [BBC profiles]. Although allegations of abuses are directed at both sides, a spokesman for Ouattara insisted that the responsibility lies exclusively at the feet of Gbagbo [Aljazeera report]. The Commission of Inquiry's mandate is "to investigate the facts and circumstances surrounding the allegations of serious abuses ... in order to identify those responsible fur such acts and bring them to justice." The UNHRC believes there are hundreds of victims of ethnic and political violence that ensued following the election.

Late last week, Human Rights Watch (HRW) [advocacy website] urged Ivory Coast to investigate [JURIST report] human rights violations and war crimes. Earlier last week, International Criminal Court (ICC) [official website] Chief Prosecutor Luis Moreno-Ocampo [official profile] told reporters that he is willing to investigate [JURIST report] alleged war crimes in the Ivory Coast, but a lack of referrals is impeding the process. Earlier this month, the International Committee of the Red Cross (ICRC) [official website] reported the deaths of at least 800 civilians [JURIST report] in the Ivory Coast town of Duekoue as a result of intercommunal violence that took place. Also this month, the UN Office of the High Commissioner for Human Rights (OHCHR) [official website] urged all parties to show restraint [JURIST report]. Last month, the OHCHR called for an independent investigation into post-election violence [JURIST report]. In January, UN officials expressed "grave concerns" [JURIST report] regarding the post-election violence, cautioning that genocide could be imminent. In February, Gbagbo dissolved the country's parliament [JURIST report] and electoral commission based on allegations of voter fraud in the long delayed presidential elections. On disbanding the government, Gbagbo charged Prime Minister Guillaume Soro [BBC profile] with creation of new government and new election format. The violence stems from Gbagbo's refusal to cede power to president-elect Alassane Ouattara, who won the November 2010 runoff election according to international observers. Gbagbo was elected president in 2000 to serve a five-year term, but he has managed to stay in office, delaying six successive elections.




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Egypt prosecutor postpones questioning after Mubarak hospitalized
Sarah Posner on April 12, 2011 2:21 PM ET

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[JURIST] Former Egyptian president Hosni Mubarak [Al Jazeera profile] was hospitalized Tuesday before he was scheduled to appear before Egypt's public prosecutor for questioning about his alleged roles in protester deaths and embezzlement of government money. The chief prosecutor on Sunday summoned [Al Jazeera report] Mubarak for questioning, along with his two sons, Gamal and Alaa. Egyptian authorities continued to question Mubarak's sons [AFP report] after Mubarak was taken to the hospital. In a televised statement on Sunday, Mubarak denied corruption charges [BBC report], asserted his right to defend his reputation and expressed his willingness to cooperate [Al Arabiya report] with investigations, denying that he owns property abroad or holds foreign bank accounts. The prosecutor's announcement came after tens of thousands of Egyptians gathered in Tahrir Square [JURIST report] on Friday to demand the prosecution of Mubarak, his family and members of his regime.

Friday's protests reveal Egyptians' growing frustration with the pace at which the current military council is pursuing the punishment of the regime's political corruption [JURIST reports]. In March, a commission of Arab and Egyptian human rights groups accused Mubarak and the police of murdering protesters during the demonstrations in Egypt, according to a local newspaper [Al-Ahram report, in Arabic]. The joint commission submitted their report to Egypt's top prosecutor for further investigation. The Supreme Military Council of Egypt, which assumed power after Mubarak's resignation, instructed Egypt's top prosecutor to investigate the death of protesters [Ria Novosti report] during the three weeks of demonstrations in the country. Following the demonstrations, Egypt's chief prosecutor requested in February that Foreign Ministry officials take steps to freeze any foreign assets [JURIST report] belonging to Mubarak and his family.




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Rights group claims executions by Gaddafi forces constitute war crimes
Ashley Hileman on April 12, 2011 1:27 PM ET

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[JURIST] Amnesty International (AI) [advocacy website] on Monday pointed to the executions of opposition fighters as the most recent evidence that forces supporting Libyan leader Muammar Gaddafi [BBC profile; JURIST news archive] continue to commit war crimes. Researchers from AI were shown the bodies of two individuals whose hands and feet had been bound, suggesting their deaths were the result of deliberate killings [press release] carried out by forces loyal to Gaddafi. In addition to viewing these deceased individuals at the morgue, the researchers saw another body, similarly bound, at a hospital in the region and have received four reports of other such cases. Responding to the researchers' report, Malcolm Smart, AI's director for Middle East and North Africa, stated, "[t]he deliberate killing of captured fighters is a war crime. All those responsible for such crimes—those who ordered or sanctioned them as well as those who carried them out—must be left in no doubt that they will be held fully accountable."

The actions of Gaddafi's forces in Libya have been condemned by a number of human rights as well as governmental organizations. Just this week, Human Rights Watch (HRW) [advocacy website] asserted that indiscriminate government attacks on Libyan civilians violate international humanitarian law [JURIST report]. The attacks, led by forces supporting Gaddafi, have claimed more than 250 civilian lives within the last month in the city of Misrata. According to international law, attacks from either party in conflict that do not differentiate between civilians and combatants are impermissible. Furthermore, the law requires that any force applied must take all measures to reduce the harm to civilians. Although the Libyan government denies using indiscriminate force on citizens, many civilians have reported abuse including shootings in medical facilities and populated areas where there is no threat of of war. Earlier this month, the UN announced that investigators would enter Libya [JURIST report] to begin looking into alleged human rights abuses by both rebels and the armed forces of Gaddafi. The inquiry into the conditions in Libya was approved by a unanimous vote [JURIST report] of members of the UN Human Rights Council on February 25. The investigatory panel will cooperate with the International Criminal Court (ICC) [official website], which last month opened its own investigation [JURIST report] into alleged abuses in Libya.




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Rights group urges Iraq forces to end attacks on protesters
Maureen Cosgrove on April 12, 2011 1:08 PM ET

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[JURIST] Iraqi authorities must end attacks on peaceful protesters [press release], according to a Tuesday report from Amnesty International (AI) [advocacy website]. The report, "Days of Rage: Protests and Repression in Iraq" [text, PDF], asserts that Iraqi and Kurdistan authorities have shot and killed demonstrators and have detained and tortured political activists, targeting journalists covering the protests. According to the report, thousands of Iraqis have engaged in peaceful protests since February, calling for an end to unemployment, inadequate government services and corruption. The report calls for an end to human rights violations related to the demonstrations:
Up to now, the Iraqi authorities in both Baghdad and the Kurdistan region have sought to crack down on peaceful protestors. This must change. They should be cracking down on the use of excessive force and torture by their own largely unaccountable security forces, not on the right of people to peacefully protest. The Iraqi authorities should be upholding the rights to freedom of expression and peaceful assembly, including the right to protest, not trying to suppress them. It is high time to do so.
AI alleges that Iraqi authorities have breached the Iraqi Constitution [text, PDF] and the Iraq-ratified International Covenant on Civil and Political Rights (ICCPR) [text], as well as the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (Basic Principles) [text] and the Code of Conduct for Law Enforcement Officials [text], which Iraqi armed forces and securities forces contravened when responding to the February protests. AI recommends that Iraqi authorities ensure that citizens' right to protest peacefully is not infringed and conduct thorough investigations into the killings and torture allegations.

Iraq has been closely scrutinized for human rights violations. AI issued a report in September alleging that the Iraqi government is unlawfully detaining and torturing [press release; JURIST report] thousands of detainees. In June, UN Special Representative to Iraq Ad Melkert urged the Iraqi government [JURIST report] to ratify the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment [text]. Melkert stated that Iraq had made several advances in recognizing human rights violations, but the government's policy implementation still faces several obstacles. The convention was adopted by the UN in 1984 and has been ratified by 147 countries. Iraq remains one of 45 member-countries that have yet to ratify the treaty. Last April, Human Rights Watch (HRW) [advocacy website] reported on the repeated torture [JURIST report] of Iraqi detainees in a secret prison in Baghdad. HRW reported that detainees held at the secret Muthanna facility, run by Iraqi authorities, were hung upside-down, deprived of air, kicked, whipped, beaten, given electric shocks and sodomized during torture sessions that detainees faced every three to four days.




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Egypt military court convicts blogger for insulting army
Zach Zagger on April 12, 2011 11:04 AM ET

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[JURIST] An Egyptian military court convicted blogger Maikel Nabil and sentenced him to three years in prison Monday for criticizing the army and raising questions over reform in the wake of revolution, according to reports from Human Rights Watch (HRW) [advocacy website]. The 25-year-old blogger and activist was arrested [HRW report] at his home on March 28 and charged with "insulting the military establishment" and "spreading false information" for criticizing the army's handling of the revolution that began on January 25. He posted an article on his blog [text, in Arabic] on March 7 saying the army had beat, tortured and killed protesters, including some who were cooperating with security forces. He was then sentenced without a formal hearing and without his lawyers present. HRW deputy Middle East Director Joe Stork released a statement calling the conviction the worst free speech violation in years:
Maikel Nabil's three-year sentence may be the worst strike against free expression in Egypt since the Mubarak government jailed the first blogger for four years in 2007. The sentence is not only severe, but it was imposed by a military tribunal after an unfair trial.
Nabil's lawyers from the Arabic Network for Human Rights Information [advocacy website] said that they were told the court would rule on the case on April 12 [press release, in Arabic], but the lawyers learned that the court had already ruled and sentenced Nabil on April 11 without their presence.

The blogger's conviction raises doubts about the military's commitment to reform after Hosni Mubarak [BBC profile] stepped down. Last month, the Egyptian Supreme Council of the Armed Forces [NYT backgrounder] unveiled an interim constitution that allows the council to retain control over the country until an elected government is installed. The document vests the military council with presidential powers [Al-Ahram report], including the abilities to introduce legislation, veto existing laws and act as Egypt's representative to the international community. Last November, Egypt released blogger Abdel Kareem Nabil [advocacy website] after four years of imprisonment on charges of insulting Islam and causing sectarian strife on his blog [website, in Arabic]. Nabil, a former law student, was convicted in 2007 [JURIST report] for posting statements critical of Islamic authorities and former president Mubarak, calling him a dictator.




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Ivory Coast leader Ouattara promises legal action against Gbagbo
Aman Kakar on April 12, 2011 10:36 AM ET

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[JURIST] Ivory Coast opposition leader Alassane Ouattara announced in a televised speech Monday that he will ask his justice minister to begin legal proceedings against former president Laurent Gbagbo [BBC profiles]. Ouattara guaranteed the security of Gbagbo and his family but stated that Gbagbo, his wife Simone and their collaborators would be investigated by judicial authorities [BBC Report]. Ouattara also announced that he will set up a truth and reconciliation commission and asked Ivorians to abstain from all reprisals and violence. He also asked the European Union [official website] to lift sanctions on the ports of Abidjan and San Pedro and promised to restore security, utilities and meet the basic needs of the people [Guardian report]

Gbagbo was captured on Monday [JURIST report] after six months of turmoil. Gbagbo had refused to surrender the presidency after he was defeated in the presidential elections last November. Last week, a Human Rights Watch (HRW) report urged Ouattara to conduct an investigation [JURIST report] into alleged atrocities carried out by his forces in its attempts to secure the presidency. According to the report, the pro-Ouattara forces, known as the Republican Forces of Cote d'Ivoire, killed more than 100 civilians, raped at least 20 supporters of Gbagbo and burned at least 10 villages in March. Earlier this month, the International Committee of the Red Cross (ICRC) [official website] reported the deaths of at least 800 civilians [JURIST report] in the Ivory Coast town of Duekoue as a result of intercommunal violence. Earlier, the UN Office of the High Commissioner for Human Rights (OHCHR) [official website] urged all parties in the Ivory Coast to show restraint and called for an independent investigation into post-election violence [JURIST reports]. In January, UN officials expressed "grave concerns" [JURIST report] regarding the post-election violence, cautioning that genocide could be imminent.




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Philippines court orders Imelda Marcos to repay stolen state funds
Aman Kakar on April 12, 2011 9:19 AM ET

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[JURIST] The Philippine anti-graft court, the Sandiganbayan [official website], said Monday that it ordered Imelda Marcos, wife of deceased Philippine ex-dictator Ferdinand Marcos [JURIST news archive], to return USD $280,000 in state funds stolen by her husband. The money was stolen from the National Food Authority, a government agency responsible for importing rice, and transferred to a private bank in 1983 [AFP report]. Jesus Tanchanco, former head of the National Food Authority, testified against the ex-dictator in exchange for immunity from prosecution. The initial ruling against Marcos came in September. Marcos dropped her appeal, and the ruling went into effect on April 5. Marcos has until May 5 to return the money.

Ferdinand Marcos ruled the Philippines for 20 years. It is estimated that he and his family stole approximately $10 million of government funds. Recouping the stolen money has been a challenge since much of it is believed to be secured in offshore bank accounts. Imelda Marcos and her family were allowed to return to the Philippines after Ferdinand Marco's death in exile. Imelda Marcos was recently elected to Congress [UPI report] to represent Ilocos Norte, the birthplace of her husband.




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Syria forces preventing access to medical care for protesters: HRW
Matt Glenn on April 12, 2011 9:07 AM ET

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[JURIST] Human Rights Watch (HRW) [advocacy website] reported [text] Tuesday that Syrian security forces have stopped medical personnel, sometimes violently, from attending to injured protesters. A spokesperson for the group called the practice "both inhumane and illegal." According to the report, at least 28 protesters died Friday in protests spread across three cities. Witnesses said security forces opened fire when civilians tried to remove the injured from the scenes and that in Daraa an ambulance was blocked from reaching wounded protesters. Witnesses also reported that security forces controlled hospitals in Daraa and Harasta and would not admit injured protesters. State-controlled media claimed that protesters attacked members of the security forces [Sana report, in Arabic], killing 19 of them. The HRW report called on security forces to allow peaceful protest and for an end to the violence in Syria. The recent protests in Syria have led to more than 170 deaths [AP report].

Last month, Syrian President Bashar al-Assad [Al Jazeera profile] ordered the formation of a committee [JURIST report] that will discuss repealing the country's 48-year-old state of emergency law that bans protests and allows police to detain civilians without charges. Al-Assad announced earlier in March that the government would consider ending the state of emergency [JURIST report]. Also last month, UN High Commissioner for Human Rights Navi Pillay [official profile] urged the Syrian government [JURIST report] to ensure protesters' rights to peaceful expression and to work toward addressing their concerns instead of responding with violence. As demonstrations continued throughout the country in March, the government freed 260 political detainees [AFP report] in an overture to the protesters. Last month, Syria appeared to be lifting the four-year-old ban [JURIST report] on social media sites Facebook [website; JURIST news archive] and YouTube [website; JURIST news archive] as a concession to avoid popular upheaval [DP report].




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