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Legal news from Sunday, October 30, 2011




Bangladesh war crimes trial delayed
Maureen Cosgrove on October 30, 2011 3:52 PM ET

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[JURIST] The International Crimes Tribunal in Bangladesh (ICTB) [Facebook page] on Sunday delayed the start of its first war crimes trial. The ICTB, a special court established to try individuals suspected of war crimes in relation to the 1971 Bangladesh Liberation War [GlobalSecurity backgrounder] against Pakistan, was slated to hear arguments in the case of Delwar Hossain Sayedee, leader of Jamaat e Islami (JI) [GlobalSecurity backgrounder], on Sunday. Sayedee's lawyer has asked the tribunal to review the charges against his client. The tribunal accepted 20 of 31 charges [Al Jazeera report] including allegations of aiding Pakistani soldiers, murder, torching villages, rape, looting and forcibly converting Hindus to Islam. Sayedee has denied the charges. The Jamaat-e-Islami party, which openly campaigned against breaking away [JURIST report] from Pakistan during the war, has accused the tribunal of targeting political opponents. The trial is scheduled to resume on November 20.

In July, Bangladesh prosecutors filed the underlying war crime charges [JURIST report] in the ICTB against Sayedee. Earlier that month, Human Rights Watch (HRW) [advocacy website] praised recent reforms [press release] to the ICTB but urged it to do more to ensure fair trials, including allowing an accused to question the impartiality of the tribunal, which the law currently prohibits. In July 2010, the ICTB issued four arrest warrants [JURIST report] for the leaders of Jamaat e Islami, including Sayedee, for alleged crimes committed during the Liberation War. Bangladesh established the tribunal in March 2010 [JURIST report] to address charges of war crimes [Guardian report] and crimes against humanity.




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UN, Arab League denounce Syria violence
Maureen Cosgrove on October 30, 2011 2:11 PM ET

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[JURIST] The UN and the League of Arab States [official website, in Arabic] on Saturday released statements condemning violence in Syria after an estimated 40 people were killed in protest-related encounters this week. UN Secretary-General Ban-Ki Moon [official website] issued a statement [text] saying "the calls of the Syrian people for change must be answered with far-reaching reforms, not repression and violence." Ban also urged the Syrian government to end military operations against civilians and release political prisoners and detained protesters. The League of Arab States similarly condemned the killings [LAT report] of civilian protesters in Syria. The violence has erupted most recently in the Syrian cities of Homs and Hama.

Earlier this month, UN High Commissioner for Human Rights Navi Pillay [official profile] urged [statement] the international community to take steps to protect civilian lives in Syria [JURIST report], where more than 3,000 civilians have been killed since protests against the government began. This statement followed a report from a UN commission urging [statement] Syrian authorities to allow human rights experts to conduct an investigation [JURIST report] into allegations of human rights violations. In August, Pillay called on the UN Security Council to refer Syria to the International Criminal Court (ICC) [official websites] to investigate the violent suppression of anti-government protests [JURIST report]. Pillay's remarks came after the Fact-finding Mission in Syria published its 22-page report concluding that Syrian government forces cracking down on the opposition may be committing crimes against humanity [JURIST report]. The Fact-finding Mission was established [JURIST report] by the UN Human Rights Council [official website] in April but was not permitted to enter the country.




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Kashmir amends tough detention law
Ashley Hileman on October 30, 2011 12:50 PM ET

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[JURIST] An anonymous official in India-controlled Kashmir reported Saturday that amendments to the Public Safety Act (PSA) [text] have been approved. Prior to amendment, the law treated youth 16 years and older as adults, allowing them to be arrested [AFP report]. Now, no one under the age of 18 will be detained for purposes of prosecution under the act. The PSA also allows the detention of individuals deemed to be threats to the state for up to two years before they can stand trial—a provision which remains in effect. However, detention periods for other crimes have been reduced as a part of the amendments. Changes to the law may have resulted from pressure on India's government and the local government in Kashmir by human rights groups, among others. In March, Amnesty International (AI) [advocacy website] reported that the PSA was being used to detain hundreds of people [JURIST report] despite the absence of sufficient evidence for a trial. AI then called on the relevant governments to carry out an independent, impartial and comprehensive investigation into allegations of abuses against detainees and their families, including allegations of torture and other ill-treatment, denial of visits and medical care, making its findings public and holding those responsible to account.

Last month, under pressure from AI, Kashmir promised to take steps to identify [JURIST report] the thousands of bodies that were found in mass and single graves by the State Human Rights Commission (SHRC) [official website]. Kashmir's Chief Minister Omar Abdullah [personal website] announced that officials will carry out DNA tests on the thousands of bodies recently uncovered in unmarked graves in the country's northern region. Abdullah called for families of missing persons to provide DNA samples [BBC report] for testing. The SHRC had also called for an investigation into the identities of the remains, but, according to AI, their calls have been ignored. An additional 574 bodies were found, but those were later identified by local residents. Kashmir has remained rife with unrest since it became part of India [JURIST report] in the middle of the twentieth century. Kashmir and Jammu, which is officially part of India, has been disputed between Pakistan and India since 1947. Claims by both Pakistan and India to the territory have resulted in several conflicts in the region, particularly the Indo-Pakistan wars of 1947-1948 and 1965. In addition, there was a large show of military force by both nations in the region in 2002 that caused international alarm because both nations have nuclear weapons. India has sought to stifle unrest and a burgeoning separatist movement in the region by detaining human rights and political activists.




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ICC prosecutor has evidence against Gaddafi son for planning civilian attacks
Ashley Hileman on October 30, 2011 12:09 PM ET

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[JURIST] International Criminal Court (ICC) [official website] Chief Prosecutor Luis Moreno-Ocampo [official profile] said Sunday that he has evidence against Saif al-Islam Gaddafi for his role in planning attacks on Libyan civilians. According to Ocampo, Saif al-Islam, who remains on the run from authorities, hired mercenaries [Reuters report] to assist him in carrying out his plans to attack civilians that protested the rule of his father, Muammar Gaddafi [BBC obituary; JURIST news archive]. The "substantial evidence" against Saif al-Islam is mostly in the form of witness reports, and the court remains in indirect contact with him, where there has been talk of a possible surrender [JURIST reports]. The ICC had previously met with Libyan rebel leaders, who had allegedly captured Saif al-Islam [JURIST report], in August to discuss turning him over to authorities for the purposes of a prosecution. However, Saif was free by September, when he vowed to continue fighting [Telegraph report].

The ability of the ICC to negotiate a possible surrender of Saif al-Islam is a result of his desire to avoid the fate of his father, who was killed by opposition fighters [JURIST report] earlier this month. On Monday, Interim Libyan leader Mustafa Abdul-Jalil [official profile] ordered an investigation into Gaddafi's death. He said that the National Transition Council [official website] has formed a committee to investigate the circumstances surrounding Gaddafi's capture and death in his hometown of Sirte. Abdul-Jalil's statement came amid pressure [JURIST report] from the UN Office of the High Commissioner for Human Rights (OHCHR) [official website], rights groups including Amnesty International (AI) [advocacy website] and international governments for an official investigation. Cell phone videos [WARNING: graphic images] taken during Gaddafi's capture have surfaced depicting wounded and bloodied Gaddafi alive but enduring torment and beatings by his captors while being carried and placed into the back of a truck. An autopsy confirmed that Gaddafi died from a gun shot wound to the head [AP report], but Abdul-Jalil suggested Monday that Gaddafi may have been killed by his own supporters [AP report] to prevent him from implicating them in any crimes under his regime.




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