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Legal news from Monday, May 9, 2011




Australia lodges complaint against Japan whaling in ICJ
Michael Haggerson on May 9, 2011 3:51 PM ET

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[JURIST] Australia brought a complaint [materials] against Japan in the International Court of Justice (ICJ) [official website] on Monday for its whaling practices in the Antarctic. Australia initiated proceedings [JURIST report] in May 2010, and oral arguments are scheduled to begin in May 2012. Australia contends that Japan is in violation of the International Convention for the Regulation of Whaling [text, PDF] by not meeting its "good faith" obligation to halt the commercial killing of whales. Japan has defended the practice as scientific research [TIME report] because they collect data on the whale's age, diet and birthing rate, before packaging and selling the meat. Commercial whaling has been banned by the International Whaling Commission [official website] since 1986. Japanese Prime Minister Naoto Kan [official website, in Japanese] stated that he was not concerned [The Australian] about the suit and that it would not affect Japan's relations with Australia.

Japan's whaling practices have sparked international controversy. In July, a Japanese court convicted anti-whaling activist Peter Bethune on charges of assault, trespass, destruction of property, illegal possession of a weapon and obstruction of business for boarding a Japanese whaling vessel [JURIST reports] as part of an anti-whaling protest in January 2010. Berthune, who called the charges "bogus," was extradited to New Zealand, and he will not serve prison time unless he returns to Japan. Last year's annual hunt was ended prematurely due to protests from the anti-whaling group Sea Shepherd Conservation Society [advocacy website; press release].




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Austria court rules Croatia ex-PM can be extradited
Michael Haggerson on May 9, 2011 2:29 PM ET

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[JURIST] The Salzburg Provincial Court ruled on Monday that the extradition of former Croatian prime minister Ivo Sanader can proceed. Sanader was arrested by Austrian officials [JURIST report] in December on charges of abuse of power, corruption and fraud for taking nearly €4 million from public firms and state institutions [Croatian Times report]. Counsel for Sanader announced that they would immediately appeal [AP] the ruling to the High Provincial Court in Linz and argued that it would be impossible for Sanader to receive a fair trial in Croatia. Croation president Ivo Josipovic [official website] said that Sanader would be entitled to a fair trial.

Croatian officials have been under serious pressure to the tackle the issue of corruption in order to gain accession [EU materials] to the EU by 2012. On the same day as Sanader was arrested, former interior ministry official Tomislav Mercep was arrested [JURIST report] on charges of committing war crimes. Amnesty International (AI) [advocacy website] released a report [text, PDF; press release] calling for the prosecution of individuals responsible for war crimes the day before Mercep's arrest. In November, a Croatian court sentenced [JURIST report] six men to 15 to 40 years in prison for their roles in the killing of a Croatian journalist in 2008. In 2008, Amnesty International (AI) called on the EU to use Croatia's status as a candidate country to ensure that the Croatian government actively investigates and prosecutes [JURIST report] suspected war criminals. AI criticized the slow pace of war crimes investigations, and noted that Croatian courts have mostly focused on crimes allegedly committed by ethnic Serbs even though Croats have also been accused of ethnic-based war crimes. In March 2005, the EU suspended entry talks [JURIST report] on the grounds that Croatia was failing to fully cooperate with the International Criminal Tribunal for the former Yugoslavia [official website; JURIST news archive] investigating war crimes in the area. The entry talks were resumed in October of that year after the ICTY declared that Croatia was fully cooperating [JURIST report].




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Bahrain king lifts state of emergency
Sarah Paulsworth on May 9, 2011 11:23 AM ET

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[JURIST] Bahraini King Hamad bin Isa Al Khalifa [official website] announced on Sunday that the three-month state of emergency [decree text, in Arabic] put in place [JURIST report] in mid-March in response to growing unrest, will be lifted two weeks early. The state of emergency was originally scheduled to expire on June 1. According to the Bahrain Youth Society for Human Rights (BYSHR) [advocacy website], the trial for activists [BYSHR report] detained during the widespread unrest also started on Sunday. These people face a plethora of charges including terrorism, attempting to violently overthrow the government, insulting the military and participating in unsanctioned rallies. Fourteen of the defendants are in the custody of Bahrani law enforcement, while an additional six remain free. Some commentators allege the early lifting the state of emergency is intended to distract observers [NYT report] from the trial of the opposition activists.

Last week, UN High Commissioner for Human Rights Navi Pillay [official profile] urged the government of Bahrain to release detained activists [JURIST report] and exercise restraint against protesters. She expressed concern over the prosecution of medical professionals and the death sentences [JURIST report] handed to four activists last month. In April, human rights organizations including Human Rights Watch (HRW) and Doctors Without Borders (DWB) [advocacy websites] criticized Bahrain for rampant human rights abuses [JURIST report] related to anti-government protests. In March, six opposition leaders were arrested [JURIST report] after the government, backed by foreign troops from the Gulf Cooperation Council (GCC) [official website], violently dispersed protesters in the capital of Manana.




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Ontario appeals court refuses to extradite terror suspect to US
Sarah Paulsworth on May 9, 2011 9:49 AM ET

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[JURIST] The Court of Appeal for Ontario [official website] on Friday upheld [judgment] a decision to halt extradition proceedings for Abdullah Khadr, an accused al Qaeda supporter and conspirator. Abdullah Khadr is the older brother of Omar Khadr [DOD materials; JURIST news archive], the youngest detainee at Guantanamo Bay [JURIST news archive]. According to the appeals court, a Toronto judge was right to release Abdullah Khadr [JURIST report] last summer because extraditing him to the US would be tantamount to ignoring that he was allegedly subjected to torture in Pakistan at the behest of the US. The court said:
The rule of law must prevail even in the face of the dreadful threat of terrorism. We must adhere to our democratic and legal values, even if that adherence serves in the short term to benefit those who oppose and seek to destroy those values. For if we do not, in the longer term, the enemies of democracy and the rule of law will have succeeded. They will have demonstrated that our faith in our legal order is unable to withstand their threats.
The Toronto judge noted that Canada is still free to prosecute Abdullah Khadr itself. Additionally, Canada's government has 60 days to appeal Friday's decision.

Abdullah Khadr was detained by Canadian law enforcement in summer 2005 on the basis of a US warrant. In February 2006, the US government formally requested his extradition [JURIST report] from Canada. He was indicted [JURIST report] in 2006 by a US federal grand jury on four counts connected to his alleged procurement of destructive devices to be used against US forces in Afghanistan in 2003 and faces a possible life sentence and a USD $1,000,000 fine. Former US Attorney Michael Sullivan said he plans to pursue the extradition "aggressively." Abdullah Khadr admitted to attending an al Qaeda training camp at age 13, but denies the allegations of membership in the group or of supplying weapons to it. Another of Abdullah Khadr's brothers, Abdul Rahman Khadr, was released from Guantanamo in 2003.




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