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Legal news from Tuesday, January 3, 2012




Turkish ex-president faces possible life sentence for 1980 military coup
Jamie Davis on January 3, 2012 2:36 PM ET

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[JURIST] Former Turkish president Kenan Evren [official profile] and former air force commander Tahsin Sahinkaya have been charged with crimes against the state in connection with a 1980 military coup and could face life imprisonment, according to Tuesday reports. Evren was head of the 1980 military coup before he became Turkey's president in 1982 and was first questioned by authorities [AA report] in June after the Turkish constitution was amended in 2010 in order to remove coup leaders' immunity. Evren and Sahinkaya are the only two generals alive out of the five men [AFP report] who are believed to have planned the 1980 military coup. The court must decide within 15 days whether it will accept the indictment and hold a trial or dismiss it.

In November, the trial began for a different coup plot for 13 Turkish journalists who were accused of formulating a plan [JURIST report] to overthrow the Islamic government in Turkey. In August, a Turkish court issued arrest warrants [JURIST report] for seven generals and admirals accused of creating anti-government websites in 2009. A number of other senior military officials are in detention for a separate investigation of the Balyoz Security Operation Plan (also known as "Operation Sledgehammer"), a military plot to overthrow the Islamic-rooted government. The "Sledgehammer" plot is similar to the Ergenekon conspiracy. The Ergenekon group is alleged to be involved in bombings, political assassination plots and the death of journalist Hrant Dink. 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 [JURIST report] in violation of Turkey's secular constitution. Trials against the Ergenekon group [JURIST report] opened over two years ago with more than 200 suspects in custody.




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Tunisia tries ex-president in absentia for killings of protesters
Sung Un Kim on January 3, 2012 2:25 PM ET

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[JURIST] Former Tunisian president Zine al-Abidine Ben Ali [BBC profile; JURIST news archive] went on trial in absentia Tuesday before a military court. The trial will focus on who ordered snipers to kill 41 protesters during last year's Tunisian revolution which resulted in the death of more than 200 protesters. Along with Ben Ali, numerous former senior officials were named as defendants in this trial. Among them was the former director general of public security, Lotfi Zwawi, who on Monday denied any knowledge of the death of the protesters. The former Tunisian president and his wife have been already sentenced to 35 years in prison [JURIST report] and fined USD $65.6 million in June after the court found them guilty in absentia of theft and unlawful possession of money and jewelry. The ruling came hours after the trial began [JURIST report] for charges including murder and conspiracy to trafficking and drug use. The ex-president has denied [JURIST report] the numerous charges. He left the office [JURIST report] and the country in January to Saudi Arabia during the protests. But Ben Ali, through his attorney, stated that he left because he was "duped" into leaving [AFP report] the capital Tunis.

Tunisian Justice Minister Lazhar Karoui Chebbi [profile, in French] announced [JURIST report] in April that Ben Ali had been charged with 18 offenses. The announcement came after Amnesty International (AI) and Human Rights Watch [advocacy websites] urged Tunisia to investigate [JURIST report] the allegations of brutality against protesters and to end such police violence [JURIST report]. The Tunisian criminal court convicted [JURIST report] in November a nephew of Ben Ali, Imed Trabelsi, for 18 years in prison for writing over USD $399 million in bad checks. He was already in prison when the conviction took place for drug possession, money laundering and embezzlement which he appealed but lost [JURIST report].




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Egypt prosecution begins case against ex-president Mubarak
Sung Un Kim on January 3, 2012 1:57 PM ET

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[JURIST] The five-member prosecution team on Tuesday began presenting its case against former Egyptian president Hosni Mubarak [Al Jazeera profile; JURIST news archive]. Mubarak is facing charges of complicity by ordering the killings of at least 840 protesters [JURIST report] during the Egyptian revolution [JURIST news archive] early last year after which Mubarak stepped down from the office [JURIST report]. Tuesday's session, which lasted 90 minutes, was the first of three sessions in which the prosecution will present its case to the court. The head of the prosecutor team, Mustapha Suleiman, delivered the opening statement [Reuters report] which did not deal with the charge against Mubarak of ordering the killings of the protesters. The session was adjourned by the presiding judge, Ahmed Refaat, until Wednesday when another member of the prosecution was to present the case. Along with Mubarak, his two sons, Gamal and Alaa Mubarak, the former interior minister and senior police officers are also facing charges of corruption and involvement in the killings of the protesters.

Mubarak's trial started in August [JURIST report] and has been making slow progress. The trial was resumed last week by the Egyptian court after a two-month adjournment [JURIST reports] which allowed the court time to rule on a motion made by lawyers representing the victims' families to have the three-judge panel in the case removed. The victims' families argued that were not given enough time to question the Field Marshal Mohamed Hussein Tantawi [GlobalSecurity profile], head of the Supreme Council of the Armed Forces (SCAF) [NYT backgrounder], who testified against Mubarak [JURIST report] in a closed session in September, but left early and refused to be cross-examined by counsel of the victims. In December the court also rejected the prosecution's motion [JURIST report] for a new judge and fined the prosecution for making such request. The motion was based on the allegation that Judge Refaat was showing bias in favor of Mubarak [AFP report].




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Daughter of former Iran president sentenced to six months
Jamie Davis on January 3, 2012 1:45 PM ET

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[JURIST] The daughter of former Iranian president Ali Akbar Hashemi Rafsanjani [BBC profile] was sentenced on Tuesday to six months in prison after being convicted of spreading propaganda against the country's current government. Faezeh Hashemi, who is a former member of Iran's Parliament [official website, in Persian], is also forbidden from being a member of any political party [Guardian report] and must refrain from any "media or online activities" for five years. Hashemi's conviction stems from her activities during and after the 2009 Iran elections [BBC report] in which she supported the candidate opposing current Iranian President Mahmoud Ahmadinejad [BBC profile] and participated in protests contesting the election results. In an interview [text] Hashemi gave to Roozonline, she accused supporters of the current Iranian government of harassing her. The interview is believed to have been what prompted the current regime to impose the six-month prison sentence. Hashemi has 20 days to appeal her sentence.

Hashemi is one of several opposition figures that have been detained and charged in connection with the wave of civil unrest following the disputed re-election of Ahmadinejad. Last week Iran's Islamic Revolutionary Court sentenced opposition figure [JURIST report] and former Iranian foreign minister Ebrahim Yazdi to eight years in prison for attempting to act against national security. Yazdi was also banned from civic activities for five years in the closed-door trial reportedly held in early November. In August Tehran prosecutor Abbas Jafari-Dolatabadi said that approximately 100 people imprisoned for their participation in the massive 2009 presidential election protests have been pardoned and released [JURIST report] by Iran's supreme leader Ayatollah Ali Khamenei [official profile]. In March Iranian opposition leaders Mir-Hossein Mousavi [BBC profile; JURIST news archive] and Mehdi Karroubi [NYT profile; JURIST news archive] and their wives were arrested and jailed [JURIST report].




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Israel lawmakers approve new rules for selecting Supreme Court justices
Alexandra Malatesta on January 3, 2012 11:07 AM ET

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[JURIST] The Israeli Knesset [official website] passed a new law on Tuesday that changes the rules governing the selection of Supreme Court [official website] justices. The contentious law has been criticized [AP report] for undermining the independence of the judiciary in an effort to further a conservative judge favored by the government. Under the old law, Supreme Court Justice Asher Grunis would have been precluded [Haaretz report] from standing for chief justice because requirements that the chief justice be able to serve for three years before reaching the mandatory retirement age of 70. The new law changes that to two years and would allow Grunis to become chief justice. Critics also claim that a separate bill passed by a legislative panel would allow lawmakers to stack the Supreme Court judicial selection committee. Many fear the new laws will influence judicial decisions, impede upon the rights of the press and be used to harass liberal groups.

The power of the Israel Supreme Court was restricted [JURIST report] in 2008 when a bill was passed granting the Knesset authority to revise laws overturned by the court. The controversial measure, proposed [JURIST report] in 2007 by Israeli Justice Minister Daniel Friedmann provided the first statutory guide on the Supreme Court's annulment power. That power was interpreted to reach all Knesset-passed measures deemed to contravene one of the Basic Laws [text], the bill reduced that scope to allow Supreme Court annulment only of those laws contravening the Basic Law: Human Dignity and Liberty and Basic Law: Freedom of Occupation [text]. The proposal also granted the Knesset authority to revise laws overturned by the Supreme Court, thereby renewing those laws' validity. In those cases, the Knesset could overturn a Supreme Court ruling with an ordinary one-round of voting rather than the 61-vote majority in the 120-member body in three rounds of voting currently required to overturn the Supreme Court.




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Tens of thousands protest Hungary constitution
Alexandra Malatesta on January 3, 2012 10:17 AM ET

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[JURIST] Tens of thousands of protesters gathered outside of the Hungarian State Opera on Monday to protest the the country's controversial new constitution, which took effect January 1. A gala was being held to celebrate the new constitution, which the protesters condemned as hypocritical [AP report]. Opponents have criticized the constitution as giving the government too much power over the media, economy and religion in violation of international human rights laws. They claim that the new constitution, passed by two-thirds of the Parliament [official website], has eroded the country's democratic checks and balances. The Hungarian government responded that the new constitution, passed in April, was long overdue and embodies national and European values.

Hungary's controversial news laws have been the source of much criticism over the past year. In December Hungary's Constitutional Court [official website, in Hungarian] struck down [JURIST report] certain provisions of the country's recently passed media law as an unconstitutional restraint on press freedom. The court also struck down a law regulating religious organizations [JURIST report]. In April Hungarian President Pal Schmitt signed into law the new constitution [JURIST report] amid concern from civil society leaders and opposition politicians that the document contravenes European human rights principles. According to Human Rights Watch [advocacy website], the new constitution "enshrines discrimination" and jeopardizes the rights of people with disabilities, women and LGBT people.




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