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Legal news from Monday, November 21, 2011




Bangladesh war crimes tribunal begins first trial
Sung Un Kim on November 21, 2011 3:02 PM ET

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[JURIST] The Bangladesh International Crimes Tribunal (ICTB) [Facebook page] began its first trial on Sunday for crimes against humanity committed during the Bangladesh Liberation War of 1971 [Bangladesh News backgrounder]. The first suspect in this trial is Delwar Hossain Sayedee, a former member of Parliament in the National Assembly of Bangladesh [official website, in Bengali] and one of the leaders of the Bangladesh Jamaat-e-Islami party [official website, GlobalSecurity backgrounder]. He has been charged with 20 crimes [Hindustan Times report] contained in the International Crimes (Tribunals) Act of 1973 [text, PDF] including genocide, arson, rape and torture. If Sayedee is found guilty, he will face the death penalty. Four other leaders from Sayedee's Jamaat-e-Islami party and two from the Bangladesh Nationalist Party (BNP) [official website] are also facing trials in the near future.

The trial is the result of consistent effort and persistence of the ICTB. Last week, ICTB prosecutors filed an application [JURIST report] for formal charges against a former leader who allegedly committed crimes against humanity during the 1971 Liberation War. This application was filed in response to ICTB's request [JURIST report] for a submission of formal charges. However, the trial process faced some concerns when Human Rights Watch [advocacy website] pointed to reports showing threats of violence and arrest against defense lawyers and witnesses. HRW urged Bangladesh to stop such harassment [JURIST report] in order to have a legitimate trial against the accused. The trial was delayed [JURIST report] last month because the defense lawyers asked the court to review the charges against Sayedee. The court accepted 20 out of 31 charges [Al Jazeera report] that were filed [JURIST report] in July by the Bangladesh prosecutors.




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Philip Morris sues to block new Australia tobacco label requirements
Jerry Votava on November 21, 2011 1:12 PM ET

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[JURIST] Philip Morris Asia Ltd. (PMA) [corporate website] on Monday initiated legal proceedings [press release] on behalf of its Australian subsidiary Philip Morris Ltd. [corporate website] against the Australian government to block new plain package labeling requirements for tobacco products set to go into effect in December 2012. The company is also seeking compensation for the loss of value of its trademarks and Australian investments. The new labeling requirements were passed by the Australian Senate [JURIST report] last week followed by the passage in the Australian House [press release] on Monday. One hour after the legislation passed, PMA, a Hong Kong based company, filed a Notice of Arbitration under Australia's Bilateral Investment Treaty with Hong Kong [text, PDF] which was signed in 1993. PMA spokesperson Anne Edwards commented on the announcement:
We are left with no option. The Government has passed this legislation despite being unable to demonstrate that it will be effective at reducing smoking and has ignored the widespread concerns raised in Australia and internationally regarding the serious legal issues associated with plain packaging.
The new regulations require that cigarettes be sold in generic, olive green packages, without branding or logos. The packages will also have graphic warnings [AUS Health Dept. backgrounder] of the potential health risks of smoking.

Tobacco packaging is at issue in the US as well. Earlier this month a judge for the US District Court for the District of Columbia [official website] granted a temporary injunction to block the implementation [JURIST report] of new requirements of graphic image and textual warning labels imposed by the Family Smoking Prevention and Tobacco Control Act (FSPTCA) [HR 1256 text]. A group of four tobacco companies had sued the US government [JURIST report] in August claiming that new cigarette labeling regulations [FDA materials] violate their First Amendment [text] rights. In 2009, US President Barack Obama [official website] signed the FSPTCA into law [JURIST report], granting the FDA certain authority to regulate tobacco products. The legislation heightens warning-label requirements, prohibits marketing "light cigarettes" as a healthier alternative and allows for the regulation of cigarette ingredients.




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Japan high court upholds death sentence for cult member involved in nerve gas attack
Jamie Davis on November 21, 2011 10:53 AM ET

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[JURIST] Japan's Supreme Court [official website, in Japanese] on Monday upheld the death sentence of Aum Shinrikyo [FAS backgrounder] member Seiicho Endo who was sentenced to death in 2002 following his conviction for playing a central role in two nerve gas attacks [CW Terrorism Tutorial] in 1994 and 1995. The court let the death sentence stand [Japan Times report] after rejecting an appeal filed by Endo's lawyers who claimed that he did not execute or plan the attacks and was brainwashed by the cult's founder. Endo is the thirteenth member of the Japanese cult convicted of being involved in the gas attacks to have his death sentence finalized while none of the men have been put to death. Lawyers for Endo have 10 days to file an appeal with the court to correct the ruling. If that appeal is dismissed, Endo's death sentence will be finalized. No ruling has ever been overturned using this appeal procedure.

The group's leader, Shoko Asahara, was sentenced to death [JURIST report] after he was convicted of planning and carrying out a series of crimes and murdering a total of 27 people in 13 criminal cases. In 2006, the Tokyo high court upheld [JURIST report] Masami Tsuchiya's death sentence after he was convicted for aiding the cult in developing the gas used in the two attacks. The nerve gas attacks in Japan resulted in the deaths of 12 people and thousands of injuries.




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Sri Lanka president receives report on alleged war crimes
Jennie Ryan on November 21, 2011 10:46 AM ET

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[JURIST] Sri Lanka's Lessons Learnt and Reconciliation Commission (LLRC) [official website] on Sunday delivered its final report on alleged abuses committed during the country's civil war to President Mahinda Rajapaksa [official website]. The LLRC is a government appointed commission that has been investigating war crimes and crimes against humanity said to have occurred during the final stages of the conflict with the Liberation Tigers of Tamil Eelam (LTTE) [JURIST news archive]. The commission collected evidence from numerous domestic sources including former rebels and government officials. International rights groups refused to cooperate with the LLRC [AP report] out of concern that the panel may be pro-government and does not meet international standards. The report will not be released publicly until it is presented to the Sri Lankan Parliament [official website].

In September, Sri Lanka announced that it will continue to outlaw [JURIST report] the LTTE and detain terror suspects indefinitely despite lifting emergency laws. In August, the Sri Lankan government announced it would lift the emergency laws [JURIST report] that have been in place for 30 years, though Parliament would renew [text] some provisions temporarily. Most clauses of the Public Security Ordinance, which permits suspects to be detained indefinitely and without charge, have already been abolished. Sri Lankan Prime Minister DM Jayaratne [official website] told Parliament that some clauses would remain necessary, even though the civil war ended in 2009. The Sri Lankan emergency laws have been in a state of flux in recent years. Sri Lankan lawmakers voted last year to extend the state of emergency [JURIST report] but reduced some of the toughest provisions.




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Cambodia genocide tribunal opens trial of Khmer Rouge leaders
Jennie Ryan on November 21, 2011 10:08 AM ET

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[JURIST] The Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website] on Monday officially opened the trial [case materials] of three former Khmer Rouge officials charged with crimes against humanity, breach of international law and genocide. Prosecutors began their opening statements in the trial against Nuon Chea [profile], the Khmer Rouge's chief ideologist, Khieu Samphan [profile], a former head of state, and Ieng Sary [profile], the former foreign minister. A fourth defendant, Ieng Thirith [profile], was ruled unfit to stand trial and ordered to be released [JURIST report] by the ECCC last week because she suffers from Alzheimer's. Prosecutors filed an immediate appeal [JURIST report] of the decision to release Ieng Thirith. The prosecution will have two days for opening statements followed by half a day of opening statements for the defense. The first segment of the trial is expected to conclude by December 16 for Christmas recess and will resume after the holiday break on January 9. UN High Commissioner for Human Rights Chief Navi Pillay welcomed the opening of the trial [press release].

In October, defense lawyers for Nuon filed a lawsuit [JURIST report] against Prime Minister Hun Sen [BBC profile] for interfering with the UN-backed war crimes tribunal. Nuon's lawyers accused the prime minister of criminally conspiring to block some of the defense witnesses from testifying [Reuters report] and consequently interfering with Chea's right to a fair trial. In September, the ECCC ordered the trials be split into a series of smaller trials [JURIST report]. The ECCC said that the separation of trials will allow the tribunal to deliberate more quickly [press release] in the case against the elderly defendants. The first trial will focus on the beginning two phases of population movement and allegations of crimes against humanity, including murder, persecution not on religious grounds and forced disappearances associated with the first phases of population movement. Subsequent trials will focus on the third phase of population movement, genocide, persecution based on religious grounds and violation of the Geneva Conventions of 1949 [ICRC backgrounder].




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