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Legal news from Tuesday, May 24, 2011 |
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Egypt prosecutor: Mubarak to stand trial, could face death penalty
Zach Zagger on May 24, 2011 3:24 PM ET

[JURIST] The Egyptian prosecutor general said Tuesday that former president Hosni Mubarak [Al Jazeera profile; JURIST news archive] will be put on trial and could face the death penalty for conspiring to kill protesters during demonstrations in Egypt [JURIST news archive] early this year and for other corruption charges. However, many are still skeptical that Mubarak will actually make it to court, especially since he was able to evade detention for so long. Also, some human rights activists are concerned with the prosecutor's lack of transparency. The announcement comes before a planned demonstration Friday calling for Mubarak to stand trial. Amnesty International (AI) [advocacy website] published a statement [press release] Tuesday calling for all those responsible for killing protesters to be tried, including the military. If Mubarak goes to trial, it would be the first time in modern history [AP report] an Arab leader has been toppled and tried solely by the nation's own people.
Last week, AI reported that at least 840 people were killed [JURIST report], and more than 6,000 were injured, during the Egyptian protests. Earlier this month, an Egyptian criminal court convicted [JURIST report] the country's former tourism minister, Zoheir Garranah, for corruption and sentenced him to five years in prison. In April, Egyptian prosecutors charged [JURIST report] former prime minister Ahmed Nazif, former finance minister Yousef Boutros and former interior minister Habib el Adly with corruption. In March, a commission of Arab and Egyptian human rights groups accused the former president [JURIST report] and the country's police of murdering protesters during the demonstrations. 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.


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EU announces plans to modernize, centralize intellectual property law
Zach Zagger on May 24, 2011 2:30 PM ET

[JURIST] The European Commission [official website] on Tuesday announced proposed reforms to modernize the EU's intellectual property rights laws and create more centralized regulation. The EC, the EU's executive arm, said that reforms are necessary [press release] to better protect against Internet piracy and to protect consumers from fake products. The EC said that counterfeiters are going beyond copying luxury goods but that there is also a problem with fake health and hygiene products, car parts and cosmetics. The EC's proposed changes include: creating a unitary-patent protection scheme across the EU, modernizing the trademark system to protect brands and easing access to copyrighted works. Michel Barnier, the EU internal markets commissioner, made a statement [text]:Ensuring the right level of protection of intellectual property rights in the single market is essential for Europe's economy. Progress depends on new ideas and new knowledge. There will be no investment in innovation if rights are not protected. On the other hand, consumers and users need to have access to cultural content, for example online music, for new business models and cultural diversity to both thrive. Our aim today is to get the balance between these two objectives right for [intellectual property rights] across the board. To make Europe's framework for intellectual property an enabler for companies and citizens and fit for the online world and the global competition for ideas. There are inefficiencies with current EU intellectual property regulation such as music producers having to gain permission [Telegraph report] from each of the 27 EU nations before selling it across the EU.
Online piracy has assumed increasing importance in the eyes of legislators across Europe. In March 2010, a study conducted by the Marsouin Unit [official website, in French] at the University of Rennes [official website] found that in France some forms of online piracy are on the rise [JURIST report] in spite of the recently passed anti-piracy law [legislative materials, in French; JURIST news archive]. Some European countries, including the UK, have considered legislation [BBC report] that reflects the law enacted in France.


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Russia appeals court upholds Khodorkovsky conviction, reduces sentence
Jaclyn Belczyk on May 24, 2011 2:30 PM ET

[JURIST] The Moscow City Court [official website, in Russian] on Tuesday upheld the second fraud convictions [press release, in Russian; video, in Russian] of former Russian oil executive Mikhail Khodorkovsky [defense website; JURIST news archive] and his business partner Platon Lebedev [defense website; JURIST news archive] but reduced their eight-year sentences to seven years. The two men, already serving a sentence handed down in 2005 for fraud and tax evasion, were convicted in December of embezzling from their company, Yukos Oil, and sentenced [JURIST reports] to an additional eight years. They appealed, alleging, among other things, that Judge Viktor Danilkin did not write the verdict [JURIST reports] and that he was coerced into reading it. Khodorkovsky vehemently criticized [press release] Tuesday's ruling as flying in the face of the rule of law. The two men can now expect to be released in 2016 instead of 2017. Their lawyers plan to appeal [WP report] to the European Court of Human Rights [official website].
The December verdict drew harsh international criticism [JURIST report], including from US Secretary of State Hillary Clinton [official profile], who said [press release] that the ruling "raises serious questions about selective prosecution." The Russian Ministry for Foreign Affairs [official website, in Russian] dismissed critics, saying [press release, in Russian] that "[a]ttempts to exert pressure on the court are unacceptable." Last May, former Russian prime minister Mikhail Kasyanov [BBC profile] testified [JURIST report] that Vladimir Putin ordered Khodorkovsky's arrest for political reasons, indicating that Khodorkovsky had funded the Communist Party [party website, in Russian] without first getting approval to do so from the president. In March 2010, Khodorkovsky criticized Russia's justice system [JURIST report] as an "assembly line" that inevitably finds the government's political enemies to be guilty.


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Bank of America overdraft fee class action settlement gains preliminary approval
Zach Zagger on May 24, 2011 1:22 PM ET

[JURIST] A class action settlement for $410 million between Bank of America (BOA) [corporate website] and customers claiming they were illegally charged overdraft fees was preliminarily approved on Monday in federal court. A judge for the US District Court for the Southern District of Florida [official website] approved the settlement plan [WSJ report] in which the plaintiffs' attorneys, the Alters Law Firm [corporate website], will receive as much as 30 percent of the settlement. BOA is just one of a number of large banks involved in the class action suit, including: Citigroup, JP Morgan Chase and Wells Fargo [corporate websites]. The settlement with BOA, which was reached in February [JURIST report], will provide remedy for more than a million plaintiffs in the class.
BOA is among more than two dozen US, Canadian and European lenders named as defendants in the class action lawsuit, which consolidated claims across the country in 2009. In their amended complaint [text, PDF], the plaintiffs claimed that BOA's practices were deceptive in that they did not reasonably notify customers that they had the option of opting out of the overdraft scheme and declining transactions. The complaint also alleged that BOA's excessive fees disproportionately effect low-income customers. BOA has been the target of several lawsuits. In January, plaintiffs filed a lawsuit [JURIST report] against Countrywide Financial Corporation [AP backgrounder], a BOA subsidiary, in New York State Supreme Court [official website] alleging widespread fraud that resulted in substantial financial losses.


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Two more Somali pirates plead guilty in US court
Jaclyn Belczyk on May 24, 2011 1:07 PM ET

[JURIST] Two Somali men pleaded guilty [press release] Monday to charges of piracy for their role in hijacking a yacht, which resulted in the deaths of four Americans. The guilty pleas by Jilani Abdiali and Burhan Abdirahman Yusuf join those entered Friday by Mohamud Hirs Issa Ali [JURIST report], Mohamud Salad Ali and Ali Abdi Mohamed in the US District Court for the Eastern District of Virginia [official website]. The men have all admitted to engaging in piracy for financial gain and participating in the taking of the Quest. They deny personally shooting the hostages. US Attorney Neil MacBride said:These Somali pirates admitted that they hijacked a US ship planning to make a big ransom off the four American hostages. Tragically, their co-conspirators gunned down the hostages in cold blood and these pirates now face spending the rest of their lives in prison, We hope the string of convictions in this and other cases help send a message to others that piracy against American vessels will not be tolerated. Sentencing is scheduled for August 22 for Yusuf and September 6 for Abdiali. Both are expected to receive sentences of life in prison. Under the plea agreement, however, they could serve less time and eventually be deported to Somalia. There were 14 suspects indicted [JURIST report] in connection with the attack, and others are expected to plead guilty soon.
Earlier this month, Spain's National Court sentenced [JURIST report] two Somali pirates to 439 years in prison each for their involvement in the 2009 hijacking of a Spanish fishing boat off the coast of Somalia. Last month, a US district court sentenced a Somali pirate to 25 years in prison [JURIST report] for his role in attacking a Danish ship, as well as the US Navy's USS Ashland. In November, a federal jury in Virginia convicted [JURIST report] five Somali men on charges of piracy for their roles in an April attack on the USS Nichols. In August, piracy charges against six defendants were dismissed [JURIST report] when federal Judge Raymond Jackson ruled that piracy, as defined by the law of nations, does not include violence or aggression committed on the high seas, and rejected the government's argument for an expanded reading of the statute. Piracy remains an issue of international concern, as few countries have been willing to prosecute suspected pirates. The few that have attempted to do so include Germany, Seychelles, the Netherlands, Mauritius, Yemen, Somalia and Spain [JURIST reports].
5:00 PM ~ Two more Somali pirates pleaded guilty [press release] Tuesday.
5/25/11 ~ And two more pleaded guilty [press release] Wednesday, bringing the total to nine.


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Fourth Circuit questions authority to hear health care law challenge
Zach Zagger on May 24, 2011 10:39 AM ET

[JURIST] The US Court of Appeals for the Fourth Circuit [official website] on Monday ordered [text, PDF] parties to file briefs discussing whether the challenge to the health care reform law [text; JURIST news archive] is barred by a federal law that prevents injunctions against taxes before the tax is imposed. The lawsuits in this consolidated appeal challenge the constitutionality of the individual mandate, which requires that all citizens purchase health insurance. The three-judge panel asked the parties to address the applicability of the Anti-Injunction Act [text] and whether the individual mandate can be considered a "tax" under the Act regardless if it is a "tax" for Article I purposes. During oral arguments [JURIST report], the government had argued that the individual mandate was an extension of the power to tax and that a failure to comply would be enforced through taxation. The Department of Justice (DOJ) had also tried to have the challenges dismissed under the Anti-Injunction Act, but those arguments were rejected, and the government did not make that argument on appeal. The two lawsuits are being brought by the state of Virginia and Liberty University [academic website], founded by the late Jerry Falwell. The Liberty University lawsuit appeals a decision to dismiss its challenge of the individual mandate, while Virginia is seeking to uphold a ruling that it is unconstitutional [JURIST reports]. The parties have until May 31 to file their briefs.
The constitutionality of the individual mandate is a source of controversy and has spawned multiple lawsuits. Last week, the US Court of Appeals for the Sixth Circuit [official website] asked the parties to respond to whether the court had standing [JURIST report] to hear a challenge before the effective date of the law. Earlier this month, the American Center for Law and Justice (ACLJ) [advocacy website] sought to have its challenge reinstated in the US Court of Appeals for the District of Columbia Circuit [official website] after it was dismissed by the lower court. Last February, the US Department of Justice (DOJ) asked federal judge Roger Vinson to clarify that states must continue to enact the health care reform law as the government appeals from Vinson's January ruling finding the law unconstitutional [JURIST reports].


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ICTR prosecutor uses new rule to preserve evidence against fugitive genocide financier
Michael Haggerson on May 24, 2011 9:54 AM ET

[ [JURIST] The International Criminal Tribunal for Rwanda (ICTR) [official website; JURIST news archive] used a new procedure Monday to begin hearing evidence against alleged genocide financier Felicien Kabuga [JURIST news archive] who has yet to be arrested. The special deposition hearing allows for evidence to be heard before the court and preserved in the accused's absence pursuant to the new Rule 71 bis of the ICTR Rules of Procedure and Evidence [text, PDF]. Rule 71 bis states that "if within a reasonable time, a warrant of arrest has not been executed, the Prosecutor may submit a request to the President that evidence relating to the indictment be preserved for a further trial by special deposition recorded in a proceeding conducted by a single Judge." The prosecutor wants to preserve in the absence of Kabuga for fear that it may be lost due to death, the passage of time or the unavailability of witnesses in the future. Rule 71 bis was adopted [AFP report] by the judges in a plenary session in 2009, and the proceeding is unprecedented in the ICTR. It is believed that Kabuga is in Kenya, and the ICTR has previously called [JURIST report] for him to be turned over, but he nonetheless remains in hiding. Kabuga is accused of providing militia with tens of thousands of machetes used in the 1994 Rwandan genocide [HRW backgrounder; JURIST news archive].
The ICTR continues to prosecute individuals for their roles in the Rwandan genocide. In March the ICTR handed out its strongest punishment to date [JURIST report], life in prison, against Jean-Baptiste Gatete, the former Mayor of Murambi Commune in Byumba prefecture. Gatete's case was one of several Rwandan genocide cases not transferred to Rwandan authorities [JURIST report]. In January the trial of former military official Idelphonse Nizeyimana [BBC profile], nicknamed the "Butcher of Butare" [RNW report], began before the ICTR [JURIST report]. Nizeyimana is accused of being among the Rwanda Armed Forces officers who played key roles in the Rwandan genocide. In December a French court charged [JURIST report] Democratic Liberation Forces of Rwanda [GlobalSecurity backgrounder] leader Callixte Mbarushimana with war crimes and crimes against humanity for his role in the Rwandan genocide after the ICTR refused to file charges against him due to insufficient evidence. In September, the trial of Gregoire Ndahimana, former governor of Kivumu, Rwanda, began before the ICTR [JURIST report] for his alleged role in the bulldozing of a parish which resulted in the deaths of 2,000 individuals hiding inside.


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