 |
|

Legal news from Monday, August 8, 2011 |
 |
|


Cambodia genocide tribunal judges have 'doubts' about suspects' responsibility
Maureen Cosgrove on August 8, 2011 3:23 PM ET

[JURIST] Judges for the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website; JURIST news archive] announced [press release] on Monday that they have "serious doubts" that the suspects being investigated by the court are those "most responsible" for the for alleged war crimes. The tribunal is responsible for investigating war crimes and crimes against humanity committed by Cambodia's communist Khmer Rouge regime [BBC backgrounder; JURIST news archive] of the 1970s. The five suspects under investigation in Case 004 [materials], the judges contend, may not meet the "most responsible" standard, which is a jurisdictional requirement of Article 2 of ECCC law [ECCC backgrounder]. The judges also revealed details about the extent of the investigation, including the crime sites and criminal episodes under scrutiny. The cases currently under investigation by the ECCC are opposed by the Cambodian government [AFP report] and a dismissal of this case would likely discredit the court.
The Khmer Rouge have been blamed for the deaths of some 1.7 million people [PPU backgrounder] from starvation, disease, overwork and execution between 1975 and 1979. The UN-backed ECCC was established in 2001 to investigate and try those responsible for the Cambodian genocide that resulted in the deaths of approximately one-third of the Cambodian population. In June, the ECCC began the initial hearings [materials; agenda, PDF] in the trial of four former Khmer Rouge leaders [JURIST report] constituting Case 002 [materials]. The four leaders include Nuon Chea, who was Pol Pot's second-in-command and the group's chief ideologist, former head of state Khieu Samphan, ex-foreign minister Ieng Sary, and his wife, Ieng Thirith [case profiles, PDF], who served as minister for social affairs. All four have pleaded not guilty to charges including crimes against humanity, war crimes, genocide, religious persecution, homicide and torture. The ECCC handed down its first and only conviction [JURIST report] last year against Kaing Guek Eav [TrialWatch profile], better known as "Duch", who was in charge of the notorious S-21 prison in Phnom Penh. That case is currently on appeal.


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

|

Bangladesh ex-PM and opposition leader charged with corruption
Zach Zagger on August 8, 2011 2:14 PM ET

[JURIST] Former Bangladeshi prime minister Khaleda Zia [BBC profile; JURIST news archive] and her son, Tarique Rahman [BBC profile], were charged with corruption Monday over alleged inappropriate donations. The Bangladesh Anti-Corruption Commission (ACC) [governing statute] brought the charges [AFP report] in connection with USD $1.05 million in donations to a charity named after her late husband Zia Rahman. The charges allege that Zia used her position as prime minister to force people to make donations to the charity. Zia and her son have faced multiple sets of corruption charges under the current government led by Prime Minister Sheikh Hasina [BBC profile]. In July 2010, the ACC charged ZIa and her son with corruption for allegedly laundering three million dollars [JURIST report] through bank accounts in Singapore. Also in 2009, Zia, her son and the Bangladesh Awami League [party website] faced a trial on accusations of embezzling over $305,000 in the Zia Orphanage Trust, which is said to be nonexistent.
The multiple sets of charges against Zia and her son are part of a political joust between the opposition leader and Hasina. In May 2010, a court dropped corruption charges [JURIST report] against Hasina holding that she had not committed a criminal offense when she used government funds to to appoint US lobbyists to represent the Bangladesh Export Processing Zones Authority [official website] during her 1996-2001 administration. All the cases were brought against Hasina between 2001 and 2008 when she was out of power. Since being sworn into office after her reelection [JURIST report] in December 2008 each charge has either been redacted by the accuser or quashed by the court. Supporters of Hasina claim that the charges filed against her were politically motivated by Zia, the leader of the military-backed regime displaced by Hasina. In April 2009, Bangladeshi judges explicitly dismissed two cases against Hasina on grounds that they were filed to harass her [JURIST report].


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

|

Turkish court issues arrest warrants for seven military officers
Maureen Cosgrove on August 8, 2011 1:46 PM ET

[JURIST] A Turkish court on Monday issued arrest warrants for seven generals and admirals accused of creating anti-government websites in 2009. Among those wanted are General Nusret Tasdeler, head of the army's educational command, and General Ismail Pekin, the general staff's intelligence chief. The men are expected to voluntarily turn themselves in [BBC report] to authorities. A number of other senior military officials are currently in detention for a separate investigation of the Balyoz Security Operation Plan (also known as "Operation Sledgehammer") [Taraf report, in Turkish; JURIST news archive], a military plot to overthrow the Islamic-rooted government. Four top military officers resigned last week in protest of the detentions.
The alleged coup plot highlights the continuing power struggle between Turkey's ruling Justice Development Party (AKP) [party website, in Turkish] and the country's secular nationalist establishment, the Turkish Armed Forces (TAF) [official website, in Turkish]. Turkish police detained more than 40 people in connection with the plot in February 2010 and continued to bring charges against alleged perpetrators, but released three high ranking military officials [JURIST reports] just days later. The "Sledgehammer" plot is similar to the Ergenekon [BBC backgrounder; JURIST news archive] conspiracy, in which the secular group is suspected of planning to overthrow [JURIST report] the AKP. The Ergenekon group is also alleged to be involved in bombings, political assassination plots and the death of journalist Hrant Dink [BBC obituary]. The probe into the Ergenekon conspiracy has been criticized as an attempt by the AKP to silence opposition and further its imposition of Islamic principles [DPA report; JURIST report] in violation of Turkey's secular constitution [text]. Trials against the Ergenekon group [JURIST report] opened over two years ago with more than 200 suspects in custody. The suspects include journalists, academics, army officers, policemen and Turkish Workers' Party [party website, in Turkish] leader Dogu Perincek [JURIST report].


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

|

Iraq human rights abuses continue: UN report
Maureen Cosgrove on August 8, 2011 12:19 PM ET

[JURIST] Human rights abuses continue to plague various regions of Iraq, the UN Assistance Mission for Iraq (UNAMI) and the UN Office of the High Commissioner for Human Rights (OHCHR) [official websites] concluded in a report [text, PDF] released Monday. The report, which analyzes the human rights situation in Iraq [press release] throughout the year 2010, is based on information from UN and government agencies and civil society, as well as research gathered through direct monitoring. The report notes that "silent" rights abuses, like widespread poverty, economic stagnation, environmental degradation, and lack of opportunities and basic services, are some of the country's greatest developmental challenges. The study found that over 3,000 civilians were killed by insurgents and terrorist groups, with public officials, community and religious leaders, journalists, and medical and education professionals constituting the majority of targeted civilians. Law enforcement and the administration of justice remain problematic, detainees are regularly denied access to council, and torture and abuse at detention facilities and prisons remains despite some modest improvements. Women's rights continued to be a concern in Iraq throughout 2010 where domestic violence, trafficking, genital mutilation and honor crimes against women continue to be reported. Though large numbers of citizens voted in the general elections, violent acts were committed against civilians and politicians, particularly those from minority groups. Despite the reported abuses, regional governments continue to take "meaningful steps" to improve the human rights situation in Iraq, the report said. UNAMI and the OHCHR called on Iraq to implement the report's recommendations and respect the country's international obligations.
Iraq has been closely scrutinized for human rights violations. Amnesty International (AI) [advocacy website] reported in May that Iraqi authorities must end attacks on peaceful protesters [press release; JURIST report]. AI also 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.


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

|

Ukraine judge refuses to release ex-PM Tymoshenko
Maureen Cosgrove on August 8, 2011 11:18 AM ET

[JURIST] Ukrainian Judge Rodion Kireyev on Monday rejected a request from former prime minister Yulia Tymoshenko [personal website; JURIST news archive] to release her from prison during her trial on charges of abuse of power. The announcement was made as thousands of supporters called for her release [Reuters report] outside the court in Kiev. Kireyev ordered Tymoshenko's arrest [JURIST report] last week on contempt charges. The US government on Saturday expressed its discontent [press release] with Tymoshenko's arrest, questioned the application of the rule of law in Ukraine and said the arrest appears to have been politically motivated.
Kireyev again refused to recuse himself last week, and Tymoshenko announced that she was allowed to call only two of her proposed witnesses [press releases]. In July, the Security Service of Ukraine (SBU) [official website, in Ukrainian] announced that they are launching a criminal investigation [JURIST report] into United Energy Systems of Ukraine (UESU), an energy company at one time headed by Tymoshenko. Last month, Tymoshenko filed a complaint [JURIST report] with the European Court of Human Rights (ECHR) [official website], alleging violations of the European Convention of Human Rights [text, PDF]. The complaint argued that the charges against Tymoshenko are politically engineered by Ukrainian President Viktor Yanukovych [official website, in Ukrainian], Tymoshenko's political rival. ECHR President Jean Paul Costa refused to comment on the complaint [Korrespondent report, in Russian], but said the matter was before the court. The current combined case against her is not the first time she has been prosecuted. Last May, prosecutors reopened a separate criminal investigation [JURIST report] into allegations that Tymoshenko attempted to bribe Supreme Court judges. Tymoshenko's government was dissolved in March 2010 after she narrowly lost the presidential election to Yanukovych. Tymoshenko had alleged that widespread voter fraud allowed Yanukovych to win the election.


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

|

South Carolina voter ID law challenged
Jaclyn Belczyk on August 8, 2011 10:44 AM ET

[JURIST] Six South Carolina civil rights groups on Friday urged the US Department of Justice (DOJ) [official website] to block the state from implementing a new law [R54 materials] that would require voters to present photo ID in order to cast their ballots. The coalition, including the American Civil Liberties Union (ACLU) and the League of Women Voters of South Carolina [advocacy websites], argued in a letter [text, PDF] to the DOJ that the new law would suppress the minority vote. According to the groups, there are more than 178,000 registered voters in South Carolina who lack a valid photo ID [table, PDF], and African-Americans are disproportionately affected. The groups also argued that African Americans face social and economic barriers to obtaining valid photo ID and that the law is in violation of Section 5 of the Voting Rights Act of 1965 [DOJ backgrounders]:The voter ID provision of Act R54 is racially discriminatory and will have a retrogressive impact on the voting rights of minorities in South Carolina. Because there is ample evidence of its retrogressive impact, and given the dearth of evidence for its need, South Carolina has failed to meet its burden under Section 5. For these reasons, we strongly urge the Department to deny the State's request for preclearance or, in the alternative, request more information regarding the law's application and impact on minority voting rights. The Voting Rights Act of 1965, requires states such as South Carolina, with a history of voter suppression, to get approval for changes in their voting laws, so the DOJ has the power to block the law from taking effect.
There are now 30 US states that require voters to present some form of ID at the polls, including 14 states that require photo ID, but the issue remains controversial. In June, Missouri Governor Jay Nixon [official website] vetoed legislation [JURIST report] that would have required individuals to present government-issued photo ID at the voting booth. In May, the Georgia Supreme Court [official website] upheld a state law [JURIST report] that requires voters to present one of six government-issued photo identifications in order to vote. In contrast, a three-judge panel for the US Court of Appeals for the Ninth Circuit [official website] struck down [JURIST report] a portion of an Arizona law requiring proof of citizenship for voter registration in October.


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

|

Alabama lawmakers defend immigration law
Maureen Cosgrove on August 8, 2011 10:11 AM ET

[JURIST] Alabama lawmakers on Friday filed a response [text, PDF] to groups seeking a preliminary injunction against the controversial Alabama immigration law [HB 56 text] that expands restrictions on undocumented immigrants. Attorneys for Alabama state officials, including Governor Robert Bentley [official website], argue that the state law is not preempted by federal immigration law and that the text reflects a "spirit of cooperation with the federal government." The law contains mechanisms safeguarding against unlawful discrimination on the basis of race, color, or national origin, the attorneys contend, and allegations suggesting provisions of the law would deter students from enrolling in school are speculative. The three lawsuits challenging the Alabama immigration law, brought by the US Department of Justice, the Methodist, Episcopalian and Roman Catholic churches and three dozen plaintiffs [JURIST reports] represented by the American Civil Liberties Union (ACLU), Southern Poverty Law Center (SPLC) and National Immigration Law Center (NILC) [advocacy websites], were consolidated last week. The law is currently slated to go into effect on September 1, though a hearing has been schedule for August 24 in the US District Court for the Northern District of Alabama [official website].
The Alabama immigration legislation, which was signed into law [JURIST report] by Governor Bentley in June, is one of the most rigid immigration reform laws passed recently. In addition to authorizing detention of individuals on reasonable suspicion they are illegal immigrants, the law provides harsh restrictions on employment for illegal immigrants. Businesses cited multiple times for hiring undocumented workers could lose their business licenses. Furthermore, undocumented immigrants are prohibited from applying for a job, and anyone transporting or harboring undocumented immigrants will be punished by a fine or jail time. Sixteen countries filed briefs [JURIST report] in the Alabama district court against the controversial Alabama immigration law last week, arguing that the recently enacted law unfairly treats citizens [Montgomery Advertiser report] of those countries currently residing in Alabama and sanctions discriminatory treatment based on ethnicity. A group of immigrants filed a lawsuit in an Alabama state court [JURIST report] in late July arguing that the Alabama immigration law conflicts with the Alabama Constitution [text], which expressly encourages immigration. Similar laws have been passed in Indiana, Georgia, South Carolina, Virginia, Oklahoma and Utah [JURIST reports]. Federal courts have enjoined the laws in Arizona, Indiana, Georgia, Oklahoma and Utah [JURIST reports].


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

|

Bahrain releases two jailed Shiite lawmakers
Maureen Cosgrove on August 8, 2011 9:07 AM ET

[JURIST] The Bahraini government on Sunday released two Shiite lawmakers from prison in an effort to comply with political reforms recently drawn up by King Hamad bin Isa Al Khalifa [official website]. Jawad Fairooz and Matar Matar, who had been held in custody for two months [AP report], were arrested in May following their participation in a series of Shiite-led, pro-democracy protests against the Sunni government. Both men are members of the Al Wefaq party [party website, in Arabic], the country's largest Shiite political group. They still face trial on anti-state security charges. The government also released human rights lawyer Mohammed al-Tajir, along with a number of other unidentified detainees, contending that the prisoners had already served the sentences they would likely receive at trial.
An independent commission is currently investigating human rights violations [JURIST report] related to the ongoing pro-democracy protests in Bahrain [BBC backgrounder]. Bahrain's Lower National Safety Court sentenced 21 activists [JURIST report] to eight years to life in prison in June for anti-government protests conducted earlier this year. UN Secretary-General Ban Ki-Moon [official website] condemned [JURIST report] the court for sentencing the human rights advocates, political activists and opposition leaders to harsh punishments. The National Safety Courts, special military tribunals, were instituted in mid-March under al-Khalifa's three-month state of emergency and have been internationally criticized [JURIST reports] by rights group including Human Rights Watch (HRW) [advocacy website]. The court sentenced nine citizens [JURIST report] to 20 years in prison for kidnapping a police officer in May. In April, the court sentenced four protestors to death, a rarity in Bahrain, and upheld the sentences [JURIST reports] for two of the men, who were accused of murdering police officers. All of the charges levied in the National Safety Court have been disputed by Bahraini citizens and international rights organizations.


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

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