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Legal news from Tuesday, July 5, 2011




Egypt ministers acquitted on charges of misappropriating state funds
Zach Zagger on July 5, 2011 3:10 PM ET

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[JURIST] An Egyptian court on Tuesday acquitted three former ministers under ousted president Hosni Mubarak [Al Jazeera profile; JURIST news archive] on charges of misappropriating state funds. The Cairo Criminal Court found three ministers not guilty [Al-Ahram report]: Ahmed Maghrabi, former minister of housing, Yousef Boutros-Ghali, former minister of finance, and former minister of information Anas el-Fiqqi. The verdict is the first time former ministers of Mubarak have been found not guilty on corruption charges since the former president stepped down in February. The court did sentence former trade minister Rachid Mohammed Rachid in absentia for squandering public funds and profiteering. Maghrabu and Boutros-Ghali will remain in custody as they are facing other charges. The decision was not well received by many Egyptians [AP report] who feel that the Cairo criminal court is rushing corruption trials while failing to bring more cases for human rights abuses against protesters. A trial date for Mubarak was set [JURIST report] for August 3 at the Cairo Criminal Court [MENA report].

In May, an Egyptian criminal court convicted [JURIST report] the country's former tourism minister, Zoheir Garranah, of corruption and sentenced him to five years in prison. In April, Egyptian prosecutors charged [JURIST report] Boutros-Ghali, former prime minister Ahmed Nazif 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. Amnesty International has reported that at least 840 people were killed [JURIST report], and more than 6,000 were injured, during the Egyptian protests.




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Bloc of Lebanon MPs push PM to support of UN tribunal
Zach Zagger on July 5, 2011 1:44 PM ET

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[JURIST] A Lebanon opposition party demanded Tuesday that Prime Minister Najib Mikati announce full support for the UN-backed Special Tribunal for Lebanon (STL) [official website] during debates leading up to a vote of confidence for the prime minister. There is debate over a policy statement [AFP report] issued by Mikati on his support for the tribunal. Pro-Western opposition groups are pushing for stronger support from Mikati. MP Fuad Siniora, chairman of the Futures Bloc [official website], issued a statement saying calling the policy statement a coup against the tribunal [Daily Star report]. The debate comes after the STL issued last week to Lebanese authorities an indictment [JURIST report] with four arrest warrants against alleged members of Hezbollah [CFR backgrounder] in relation to the assassination of former Lebanese prime minister Rafik Hariri [BBC profile; JURIST news archive]. The STL was established in 2005 at the request of the Lebanese government to try those alleged to be connected to the bombing in which Hariri was killed by explosions detonated near his motorcade in Beirut.

In February, the appeals chamber of the STL issued a unanimous ruling [summary, PDF; press release] on several procedural issues, including the definition of terrorism [JURIST report], in judicial proceedings. The STL began debate on the issue [JURIST report] to determine which laws to apply in the case against persons accused of involvement in the February 2005 truck bomb that killed Hariri and 22 other people. Using the Article 314 of the Lebanese Criminal Code [text, PDF] the court held that a conviction on the charge of terrorism requires proof of an act intended to spread terror and use of a means "liable to create a public danger," that the only requirement is that "the means used to carry out the terrorist attack be liable to create a common danger" and that the trial judges should be given latitude in determining whether the requirement was met after having considered the facts presented in the case. In August, Hezbollah submitted evidence to the STL [JURIST report] linking Israel with the bombing. The STL asked for the evidence [JURIST report] a week earlier after Hezbollah Secretary General Hassan Nasrallah [BBC profile] claimed to have proof that Israel was behind the bombing.




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Dutch appeals court holds state liable for deaths of 3 Bosniaks at Srebrenica
Zach Zagger on July 5, 2011 11:06 AM ET

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[JURIST] The Hague Appeals Court [official website, in Dutch] Tuesday ruled [judgment, in Dutch; press release, in Dutch] that the Netherlands is liable for the death of three Bosniak men during the Srebrenica massacre [BBC timeline; JURIST news archive] forcing it to compensate the men's families. The court held the Netherlands liable for the deaths of three Bosnian Muslims, Bosiniaks, of about 5,000 who took refuge in a UN-designated "safe area" [resolution materials] controlled by the Dutch battalion, Dutchbat, after then General Ratko Mladic [ICTY backgrounder, PDF; JURIST news archive] invaded Srebrenica. Dutchbat forced the refugees to leave [BBC report] the compound after which they were killed during the massacre. The court held that Dutchbat knew that men were being beaten and killed by the invading army and thus should reasonably have known that by forcing the men out of the compound it was putting them in grave danger. But court specified that the ruling only applies to the specific refugees in this case and that it was not making a broader ruling as to the liability for others killed at Srebrenica. The massacre resulted in the slaughter of 8,000 Muslim men and boys.

Relatives of the victims filed the complaint [JURIST report] with the Dutch prosecutor's office in July 2010 alleging that three Dutch soldiers, operating as UN peacekeepers, were complicit in the commission of war crimes and genocide during the 1995 Srebrenica massacre. The complaint argued that the soldiers knew the victims would be killed if they were handed over to Serbian troops. Relatives of the victims of the Srebrenica massacre had previously sought justice for the actions of Dutch peacekeeping forces, which they say led to the massacre. In March, The Hague Appeals Court upheld [JURIST report] the UN's immunity from prosecution by rejecting claims [JURIST report] brought by relatives of victims of the massacre. The relatives, known as the Mothers of Srebrenica, alleged that the Netherlands should be liable for the deaths because Dutch soldiers operating under the UN flag negligently failed to protect civilians by forcing the victims out of "safe area" and turning them over to Bosnian Serbs. Ratko Mladic was arrested [JURIST report] in May and is currently on trial in the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] for charges of genocide and crimes against humanity. He was thrown out of his latest court appearance [JURIST report] earlier this week for causing a disruption and refusing to issue a plea.




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Newly released documents show extent of Australia involvement in Abu Ghraib
Zach Zagger on July 5, 2011 9:54 AM ET

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[JURIST] Australia played a larger role than previously thought in the abuses of detainees at the Abu Ghraib prison [JURIST news archive] in Iraq, according to Australia Defense Force (ADF) [official website] documents obtained by the Public Interest Advocacy Centre [advocacy website] through freedom of information laws. The documents [text] show that Major George O'Kane worked closely with US authorities as a military lawyer and helped author the manual for processing prisoners. He also advised on the legality of interrogation methods and denied the Red Cross access to prisoners deemed by the US as "high value detainees." One document shows the O'Kane was part of the mission "Operation Eel" involving the transfer of a high-value detainee from a US warship to Abu Ghraib. The mission's timing was significant [Sydney Morning Herald report] because it coincided with the capture of Saddam Hussein. The Public Interest Advocacy Centre has called for a full government inquiry into Australia's involvement in the abuse and detention of detainees at Abu Ghraib.

Last month, the US Department of Justice (DOJ) [official website] initiated a grand jury investigation into the torture and death of Manadel Al-Jamadi, a detainee at Abu Ghraib. In 2006, Australian television published additional photographs [JURIST report] and video depicting abuse of prisoners by US personnel at Abu Ghraib. The photographs drew criticism from the International Committee of the Red Cross (ICRC) [official website], which said they showed clear violations of international humanitarian law. The Red Cross had previously criticized US practices at Abu Ghraib, saying that in some instances the abuse of Iraqi prisoners was "tantamount to torture" [ICRC report, PDF; JURIST report]. The original Abu Ghraib photographs led to the jailing of several US soldiers including Charles Graner [JURIST report], who appears in some of the new images, and Lynndie England [JURIST news archive]. The Australian producer of SBS television's Dateline program defended the decision to broadcast the photographs [AFP report] and videos. Mike Carey dismissed criticism from the Pentagon that the pictures could increase the danger to American soldiers, saying that his team, as journalists, had a responsibility to air the images.




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Iran rights lawyer jailed for anti-government activities
Zach Zagger on July 5, 2011 8:53 AM ET

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[JURIST] Prominent Iranian rights lawyer Mohammad Ali Dadkhah was sentenced Monday to nine years in prison and banned from working as a lawyer and a teacher for 10 years after being convicted of seeking to overthrow the government. He had represented [AP report] some of the activists involved in the protests following the disputed 2009 presidential election [JURIST news archive]. He was an associate of Nobel laureate Shirin Ebadi [JURIST news archive] and co-founded the Defenders of Human Rights Center (DHRC) [advocacy website], an organization that issues regular reports about human rights violations in Iran. Dadkah was also fined for having a satellite TV receiver in his home. The conviction is seen as an attempt by the government to quell dissidents in light of protests across the Middle East. Fellow DHRC co-founders have been prosecuted for acting against the government. Iranian human rights lawyer Mohammed Seifzadeh was also sentenced to nine years in prison and a 10-year ban from practicing law for acting against national security in helping establish the DHRC. DHRC's co-founders, Nobel Prize winner Ebadi and Abdolfatah Soltani [JURIST news archive] have been similarly charged.

Dadkah was involved in some other high-profile cases. In 2007, he represented three university students students [JURIST report] who were ultimately sentenced to two to three years in prison for insulting Islam and Islamic clerics. Iran continues to silence opposition leaders and dissidents. Earlier this year, Iranian opposition leader Mehdi Karroubi [NYT profile; JURIST news archive] was placed under house arrest after security forces took control of the area outside of Karroubi's residence and barred all family members, except his wife, from entering. In January, Iranian chief prosecutor Abbas Jafari-Dolatabadi delivered a speech at Tehran University indicating that he would prosecute opposition leaders for political unrest that took place after the country's 2009 presidential election. Dolatabadi threatened to prosecute [NYT report] Mousavi and Karroubi and former Iranian president Mohammad Khatami [BBC profile]. Mousavi and the other leaders called for continuing protests [JURIST report] to oppose the results of the 2009 presidential election, arguing that it was fraudulent. The three leaders would join a long line of individuals detained or already prosecuted for their roles during the election protests.




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