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Legal news from Saturday, November 26, 2011 |
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UN rights expert criticizes North Korea treatment of prisoners
Julia Zebley on November 26, 2011 2:38 PM ET

[JURIST] The UN Special Rapporteur on North Korean Human Rights Marzuki Darusman criticized North Korea's human rights record on Friday, especially concerning treatment of prisoners, echoing a UN General Assembly [official website] resolution [text] earlier this week. After speaking to North Korean refugees in South Korea, Darusman said he was convinced that 200,000 political prisoners are being abused [AFP report] in forced labor camps. North Korea has refused to admit agents of the UN to gather information and denies that labor camps exist. Monday's resolution, which urged North Korea "to immediately end all violations of human rights and give voice to the victims of these violations," was lambasted by the North Korean government, which called it an attempt by the US to tarnish [AFP report] North Korea's reputation with the international community. During the drafting of the resolution, the representative for North Korea also resisted censure, stating the North Korean government was being held to a double standard and they would not respond to confrontation and "political pressure." Darusman, despite his criticisms of the nation, called for other countries, especially South Korea, to continue offering aid [VOA report] due to a worsening famine.
In December, the International Criminal Court (ICC) [official website] confirmed that the prosecutor's office has opened preliminary examinations to evaluate possible war crimes committed by North Korea [JURIST report]. ICC chief prosecutor Luis Moreno-Ocampo [official profile] verified that evaluations will determine if some of the incidents by North Korean forces in South Korea constitute war crimes, giving the ICC jurisdiction over the matter. Earlier in 2010, a UN committee condemned [JURIST report] what it called persistent, "grave violations of civil, political, economic, social and cultural rights" of its own people. In March 2010, the UN Human Rights Council (UNHRC) [official website] adopted a resolution condemning [JURIST report] North Korea for human rights abuses. Earlier in March, the UN Special Rapporteur for North Korea, Vitit Muntarbhorn reported to the UNHRC that North Korean human rights situation was continuing to deteriorate [JURIST report]. This report came after Muntarbhorn's previous criticism, in October, 2009, of North Korea's "abysmal" [JURIST report] and ongoing human rights violations, alleging that the authoritarian government was responsible for various abuses, including torture, public executions, extensive surveillance, media censorship, women's rights violations and widespread hunger.


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Berlusconi loses bid to block testimony at corruption trial
Dan Taglioli on November 26, 2011 1:58 PM ET

[JURIST] An Italian high court Thursday rejected an application by former prime minister Silvio Berlusconi [BBC profile; JURIST news archive] to prevent testimony being heard at his corruption trial. Berlusconi had applied for but was denied an interim injunction [Guardian report] preventing David Mills [JURIST news archive], his former tax lawyer, from appearing via video link from a London court. A justice sitting in private in London turned down the application after giving weight to Italian prosecutors' arguments that Berlusconi was merely trying to delay proceedings. Mills, 64, had set up a web of offshore companies and trusts for Berlusconi, and was indicted with the former prime minister on corruption charges by the Milan district court. He is the estranged husband of former Labour cabinet minister Tessa Jowell, who split with Mills in 2006 after it emerged that, unknown to her, he had paid off part of their mortgage with £350,000 allegedly given as a gift by Berlusconi. Mills was convicted in absentia [JURIST report] in February 2009. He is now due to testify at Westminster magistrates court on Monday.
Berlusconi has been a defendant in nearly 50 cases, including two other ongoing proceedings involving tax fraud and embezzlement [JURIST reports]. In July an Italian appeals court ordered Fininvest [corporate website], a holding company owned by Berlusconi, to pay €560 million in damages and fees to Compagnie Industriali Riunite (CIR) Group [corporate website]. The complaint stemmed from Fininvest's 1991 acquisition of Italian publishing company Mondadori [corporate website], during which Fininvest bribed a judge in exchange for favorable decisions. Neither Berlusconi nor Ruby attended [JURIST report] the beginning of the prostitution trial in April, and the court adjourned after only 10 minutes. Both parties deny having a sexual relationship, and Berlusconi has denied any wrongdoing, calling the accusations groundless.


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Tunisia court convicts nephew of ex-president
Dan Taglioli on November 26, 2011 1:18 PM ET

[JURIST] A Tunisian criminal court Friday convicted a nephew of the wife of Tunisia's ousted former president Zine Al Abidine Ben Ali [BBC profile; JURIST news archive], immediately pronouncing an 18-year prison sentence for writing over USD $399 million in bad checks. Imed Trabelsi, viewed as the favorite nephew of former first lady Leila Trabelsi, is already in jail for other crimes including drug possession, money laundering and embezzlement [AP report], and has been on a hunger strike since November 8 to protest what he says are unfair trials. According to the Tunisian News Agency, Trabelsi's lawyer requested the hearing be postponed [TAP report], but the court deemed it unnecessary and decided to pronounce the verdict. Trabelsi has already appealed his drug convictions and lost [JURIST report], and may still face additional charges. The former businessman was arrested after Ben Ali fled the country to Saudi Arabia in January when the regime toppled under nationwide protests.
Tunisia has been cracking down on the family of Ben Ali since the ousted president fled the country amidst the protests, ending the 23-year autocratic rule in which his family amassed substantial wealth that many Tunisians say was accrued at their expense. In June a Tunisian court sentenced [JURIST report] in absentia Sofiane Ben Ali, another nephew of Ben Ali, to 15 years in prison for issuing bad checks totaling more than USD $430,000. That same week, Ben Ali and his wife were convicted in absentia and sentenced to 35 years in prison on charges of theft and unlawful possession of money and jewelry just hours after the trial began that morning [JURIST reports]. The two were also charged with illegal possession of drugs and weapons. Ben Ali said he was "duped" into leaving [AFP report] the capital Tunis, according to a statement released through his lawyer. He said that he was trying to get his family out of the country after assassination threats and that the plane left him in Saudi Arabia despite orders to wait for him. Ben Ali has denied the charges against him [JURIST report], most of which stem from allegations he authorized the use of force against protesters during the protests, resulting in more than 200 deaths.


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Belarus court jails human rights activist for tax evasion
Julia Zebley on November 26, 2011 1:00 PM ET

[JURIST] A Belarus court convicted [press release] human rights activist Ales Bialiatski, the president of Viasana and vice-president of the International Federation for Human Rights (FIDH) [advocacy websites], of tax evasion on Thursday, sentencing him to a four-and-a-half-year prison term. Viasna is a non-governmental human rights organization in Belarus that is dedicated to reporting on allegations of police and prosecutorial misconduct as well as providing legal aid and support for political prisoners. The government alleged that Bialiatski had evaded taxation on donations to Viasana by using Polish and Lithuanian accounts to fund his human rights projects, although Viasana is not recognized as a nonprofit organization by the Belarus government, so donations within the country are banned. Prosecutors argued that Bialiatski used the donations as personal income [oral arguments summary] that was subject to taxation. In his final statement at trial, Bialiatski criticized the Belarusian government's persecution of Viasna and other human rights organizations:Many of my friends have been dismissed from their jobs and subjected to administrative harassment. The authorities are persecuting their political opponents, restricting civil and political rights and preventing the development of civil society. The authorities do not stand any criticism, harassing journalists and human rights defenders. The key contradiction is in the fact that the authorities' actions are an outrage against the Belarusian Constitution and the country's international obligations. Why did you sign the Declaration? Leave the UN and the OSCE, and everyone will be able to see where we all are. After the announcement of the verdict, protests began in Russia and Belarus [press releases], both resulting in arrests. The governments of Poland and Lithuania have apologized to Viasna for revealing Bialiatski's account information, and, since the verdict, Lithuania has announced they will have no further diplomatic contact with Belarus [Charter 97 report]. Poland also denounced the verdict [Warsaw Business Journal report], calling for Bialiatski 's immediate release. The sentence has also been condemned by the US embassy in Minsk [AP report], the Organization for Security and Co-operation in Europe (OSCE) [official website; press release], 47 Belarusian NGOs [press release], Human Rights Watch [advocacy website; press release], Amnesty International [advocacy website; press release] and the European Union [official website; press release, PDF].
Belarus has been under increasing criticism for what many see as a rapid decline of human rights in the Eastern European nation. In September, UN High Commissioner for Human Rights Navi Pillay [official profile] suggested a need for UN intervention in Belarus [JURIST report] and demanded the nation free non-violent political prisoners. Her report also cited Belarus as the only European nation to still enforce the death penalty. Ambassador Mikhail Khvostov said his country disagrees with the UN on what constitutes a peaceful demonstration and that Belarus is committed to human rights. The month before, members of the Belarus Parliament introduced a bill that would ban so-called "silent protests" [JURIST report], including those involving large groups of people basically doing nothing. Nonetheless, silent protests continue [RT report], largely in defiance of President Alexander Lukashenko [BBC profile; JURIST news archive]. Earlier this year, Belarus' Minsk City Court delivered suspended sentences for two former presidential candidates, Uladzimer Nyaklyaeu and Vital Rymasheuski, convicted of organizing protests following the re-election [JURIST reports] of Lukashenko. The two-year suspended sentences were handed down days after former presidential candidate Andrey Sannikau [Free Belarus Now profile] was sentenced to five years [JURIST report]. Hundreds of activists were arrested after protesting Lukashenko's 2006 presidential win, including opposition candidate Alexander Milinkevich [JURIST reports]. While Lukashenko has since sought to improve his country's ties with western nations, the US State Department has historically criticized Belarus' human rights record [JURIST report]. The UN General Assembly Third Committee and the International Helsinki Federation for Human Rights [JURIST reports] have similarly denounced Belarus for human rights abuses.


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