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Legal news from Tuesday, August 30, 2011 |
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Vietnam president releases 10,000 prisoners for National Day
Sarah Posner on August 30, 2011 2:39 PM ET

[JURIST] The president of Vietnam on Monday ordered the release of more than 10,000 prisoners, granting amnesty to commemorate the country's National Day. Although none of the high profile government dissidents was released, the president freed five individuals [AP report] convicted of national security crimes. Eleven of the prisoners released are foreigners from countries including the US, Canada and Australia. The amnesty [AFP report] is an event celebrated annually on National Day, September 2, which marks the day that Vietnam declared its independence from France. The individuals released were arrested for a broad range of different crimes. Vietnam has been criticized by the US, the EU and various human rights groups for jailing government dissidents.
The release of prisoners comes after many controversial arrests were made by Vietnam's communist government. In April, well-known lawyer and activist Cu Huy Ha Vu was among several dissidents in Vietnam convicted [JURIST report] for anti-government activity. In January 2010, four defendants were convicted [JURIST report] of activities aimed at ending communist rule in Vietnam. In March, 2010 Vietnamese authorities released [JURIST report] a Catholic priest and leading rights activist from Hanoi prison. Also in March, Vietnamese human rights lawyer and activist Le Thi Cong Nhan was released [JURIST report] from prison after serving a three-year sentence for allegedly spreading propaganda against the state.


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ICC appeals chamber confirms admissibility of Kenya post-election violence cases
Hillary Stemple on August 30, 2011 2:08 PM ET

[JURIST] The Appeals Chamber of the International Criminal Court (ICC) [official website] on Tuesday rejected an appeal [press release] filed by the Kenyan government and confirmed a Pre-Trial Chamber ruling refusing to transfer two cases stemming from 2007 post-election violence to Kenyan courts. The Kenyan government appealed the previous decision in June after the ICC announced that they were denying [JURIST reports] Kenya's request to transfer the cases. The presiding judge denied the appeal stating that the Pre-Trial Chamber ruling contained no legal, factual or procedural errors. The Appeals Chamber also indicated that the Pre-Trial Chamber did not err when they found that there was insufficient evidence to support claims by the Kenyan government that they were actively prosecuting the accused defendants. The judge noted that in order for the ICC to lack jurisdiction a member nation must be conducting an investigation covering the same individuals and substantially the same issues as alleged before the ICC, and because no such investigation has been proven by the Kenyan government, the ICC's jurisdiction is valid. The men facing charges in front of the ICC are part of the "Ocampo Six," and are facing trial [JURIST report] for allegedly inciting violence during and after the December 2007 Kenyan elections [JURIST news archive]. The ICC initially claimed jurisdiction due to doubts that Kenya was willing to fully investigate the matter. The 2007 Kenyan post-election violence resulted in more than 1,100 deaths, 3,500 injuries, hundreds of rapes and up to 600,000 individuals being forcibly displaced.
The Ocampo Six include several high-ranking members of Kenya's government, the head of operations at Kass FM [official website] in Nairobi and the son of Kenya's first president, Jomo Kenyatta [Africa Within backgrounder]. Three of the men are members of the Orange Democratic Movement (ODM) [party website], and the other three are members of the opposing Party for National Unity (PNU). The ODM suspects are charged with fomenting violence against PNU members following the 2007 elections because they believed the election of Kenyan President Mwai Kibaki [official profile] to be rigged. In response, the PNU suspects are charged with the conspiring with the Mungiki criminal organization [Safer Access backgrounder, PDF] to attack members of the ODM party. The ICC summoned the suspects [JURIST report] after determining they would not be charged in Kenya for the alleged crimes. In April, Kenya requested that the ICC dismiss the case [JURIST report], arguing that the government is capable of prosecuting the six men domestically. Lawyers for the Ocampo Six called for the timely release of evidence [JURIST report] against their clients that month as well.


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Cambodia genocide tribunal begins fitness hearing
Sarah Posner on August 30, 2011 1:39 PM ET

[JURIST] The UN's Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website; JURIST news archive] on Monday began conducting its fitness hearing [materials; press release] to prosecute individuals for mass killings and other crimes committed under the Khmer Rouge regime [BBC backgrounder; JURIST news archive]. The hearing will determine whether the defendants are well enough to stand trial. The hearing commenced with two aging defendants who are among the four surviving senior Khmer Rouge officials facing the ECCC for crimes committed during the Khmer Rouge's reign between 1975 and 1979. Charges include genocide, murder, torture, religious persecution and other crimes against humanity. According to the ECCC, at least 1.7 million people died under the Khmer Rouge's leadership due to torture, starvation and execution. The Trial Chamber's substantial hearing to examine evidence and witnesses is anticipated to begin by early next year.
Earlier this month, judges for the ECCC announced [JURIST archive] that they had "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 of the 1970s. In June, the ECCC began the initial hearings 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 pleaded not guilty to charges including crimes against humanity, war crimes, genocide, religious persecution, homicide and torture.


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UN calls for end to enforced disappearances
Jennie Ryan on August 30, 2011 11:18 AM ET

[JURIST] The UN called Tuesday for all states to end the "heinous crime" of enforced or involuntary disappearances [press release]. Enforced disappearances refers to the practice of placing people in secret detentions for weeks or months without ever being brought before a judge. Some victims of the practice say they were tortured during their detainment. The UN Working Group on Enforced or Involuntary Disappearances [official website] called the practice "very worrisome," and stated that "whether it is used to counter terrorism, to fight organized crime or suppress legitimate civil strife demanding democracy, freedom of expression or religion, should be considered as an enforced disappearance and as such adequately investigated, prosecuted and punished." The release of the statement marks the first UN International Day of the Victims of Enforced Disappearances [press release], a day devoted to awareness of the crime of enforced disappearances and dedicated to the victims and their families. The UN urged all states to translate and disseminate the Declaration on the Protection of All Persons from Enforced Disappearance [text] which was adopted by the UN General Assembly [official website] two decades ago.
The UN Working Group on Enforced or Involuntary Disappearances has called on other nations to end the practice of enforced disappearances. In June, they demanded [JURIST report] China address its practice of "enforced disappearances" [press release] and reveal the location of 355 detained Tibetan monks. That same month, Human Rights Watch (HRW) [official website] expressed concern [JURIST report] over the arrest and arbitrary detention of dozens of civilians by Libyan opposition authorities. A three-person commission for the UN Human Rights Council (UNHRC) [official website] appointed to investigate violence in Libya published a report [PDF] saying that government forces have committed crimes against humanity and war crimes [JURIST report] under orders from Libyan leader Mummar Gaddafi [BBC profile; JURIST news archive], including imprisonment, and other severe deprivations of physical liberties.


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Sudan accused of war crimes in South Kordofan region
Jennie Ryan on August 30, 2011 10:28 AM ET

[JURIST] Human rights groups Amnesty International (AI) [official website] and Human Rights Watch (HRW) [official website] on Tuesday said they have evidence that the Sudanese army has committed war crimes [press release] in the country's South Kordofan region. Researchers from the two advocacy groups visited the Nuba Mountain region of South Kordofan where they "documented 13 separate bombing incidents in Kauda, Delami and Kurchi towns alone, in which at least 26 civilians were killed and more than 45 others injured since mid-June." The researchers claim bombings occurred on a continuous basis during their time in the region. They argue that the use of unguided bombs dropped from high altitude on nonmilitary targets is a violation of international human rights law. Amnesty International's Erwin van der Borght called for the UN Security Council [official website] to "condemn in the strongest possible terms the ongoing human rights violations in the Nuba Mountains, and mandate an independent inquiry to investigate abuses committed by parties to the conflict in Southern Kordofan since 5 June."
The UN Security Council last month called for an end to fighting [JURIST report] in South Kordofan. South Kordofan, which has been held by the Sudan People's Liberation Army (SPLA) since the 2005 peace deal that stifled Sudan's civil war, is a state in the center of Sudan, and has been a disputed territory between Sudan and South Sudan due to its oil reserves. Sudan's army, the Sudanese Armed Forces (SAF), took over Abyei, a district in the state, in May, causing a rebuke and demand for withdrawal [JURIST report] by the UN. The UN confirmed reports of bombing and shelling in and around Abyei by the SAF, as well as widespread looting and burning of houses. Aid workers estimate 40,000 people have fled the area [BBC report]. While the UN has said that attacks on its peacekeepers amount to war crimes under international law, both the UN and the US have called on the northern troops to withdraw from Abyei. From the northern capital of Khartoum President Omar al-Bashir [BBC profile; JURIST news archive] has stated he will not withdraw troops from the region and insisted that the area belongs to the north. An International Criminal Court (ICC) [official website] case is open against al-Bashir and several nations have been urged to arrest him on sight including: China, Malaysia, Djibouti, Kenya and Chad [JURIST reports].


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Libya troops using children as human shields: report
Alexandra Malatesta on August 30, 2011 9:52 AM ET

[JURIST] Libyan troops used children as human shields to deter attacks by the North Atlantic Treaty Organization (NATO) [official website], Physicians for Human Rights (PHR) [advocacy website] reported [text, PDF] Tuesday. A team of PHR investigators conducted several weeks of interviews in Libya, shortly after Muammar Gaddafi [BBC profile; JURIST news archive] and his loyalists were expelled from Misrata [Bloomberg report]. The report also reflects troops' pattern of torturing, forcibly disappearing, hostage-taking, detaining, beating and slaying Libyan civilians. PHR made several recommendations for Libya's future:It is critical that civilian authorities led by the TNC [Transitional National Council] assert full control over Libya and establish the rule of law to prevent further bloodshed, vigilante justice, looting, and violence. The international community must assist the newly emerging civilian authorities in providing basic services to the Libyan people as Libya develops a constitutional framework and mechanisms and builds civil society and institutions. ... This effort must also examine reports of human rights violations committed by rebel forces and NATO. In the current absence of developed legal institutions, it is crucial that Libyan transitional authorities fully collaborate with the International Criminal Court (ICC), which has already issued arrest warrants for [Gaddafi] and others. ... Prosecutions, vetting, and other necessary methods of accountability will guide the Libyan people as they choose how best to forge a secure and just social and political order in the aftermath of conflict. PHR specifically stated that the report does not "present evidence that either confirms or denies whether rebel and NATO forces may have committed war crimes." An investigation into NATO's alleged human rights abuses [JURIST report] is pending.
Gaddafi continues to disregard arrest warrants [JURIST report] issued in May by Chief Prosecutor Luis Moreno-Ocampo [official website] of the International Criminal Court [official website]. The UN Human Rights Council (UNHRC) [official webisite] released a report in June that revealed estimates showing 10,000-15,000 people have been killed since protests began in February [JURIST reports]. In April, Ocampo's office uncovered evidence [JURIST report] that Gaddafi planned to attack civilians to forestall regime-toppling revolution. Ocampo indicated that the plans were made in response to the conflicts in Tunisia and Egypt and included shooting civilians. In March, Ocampo told the press that he was 100 percent certain his office would bring charges [JURIST report] against Gaddafi. Also in March, the ICC launched a probe into allegations of crimes against humanity [JURIST report] by the Libyan government.


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Federal judge temporarily blocks Alabama immigration law
Drew Singer on August 30, 2011 9:31 AM ET

[JURIST] A judge for the US District Court for the Northern District of Alabama on Monday issued a temporary injunction [text, PDF] blocking an immigration law that was scheduled to take effect Thursday. "The court will issue detailed Memorandum Opinions and Orders ruling on the merits of the pending Motions for Preliminary Injunction no later than September 28, 2011," Judge Sharon Lovelace Blackburn wrote in the two-page order. Advocacy groups like the American Civil Liberties Union [advocacy website] have been pushing for the court to block [JURIST report] the law [HB 56 text], which permits police officers to detain a person stopped for a traffic violation if the officer has "reasonable suspicion" the person is in the country illegally. The officer must then try to determine the individual's identity by checking other records if the motorist is unable to provide documentation. The bill also requires businesses to use the federal E-Verify system [official website] to determine whether potential employees are legal residents. 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. The ACLU has argued that the law will cause unlawful racial profiling.
In June, the ACLU, the National Immigration Law Center (NILC) [advocacy website] and a coalition of other civil rights groups filed a class action lawsuit challenging a similar Georgia immigration law, which has also been blocked by a judge [JURIST reports]. In May, the US Supreme Court upheld an Arizona employment law [JURIST report] that imposes penalties on employers who hire illegal immigrants, ruling that the law is not preempted by the Immigration Reform and Control Act (IRCA) [text]. The ruling opens the door for states to enact similar restraints on immigration. Several other states have also enacted or proposed [JURIST reports] tough new immigration laws.


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