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Legal news from Thursday, January 26, 2012




Second Circuit allows Ecuador court's $18 billion judgment against Chevron
Brandon Gatto on January 26, 2012 1:51 PM ET

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[JURIST] The US Court of Appeals for the Second Circuit [official website] on Thursday lifted [opinion, PDF] an injunction won by Chevon Corporation [official website] to block enforcement of what the US oil company claims is a fraudulent, multibillion-dollar judgment in Ecuador for polluting the Amazon jungle. In reversing the decision [opinion, PDF] made by the US District Court for the Southern District of New York [official website], the Second Circuit held that Chevron may not challenge the approximately $18 billion Ecuadorian judgment against it before enforcement of that judgment has actually been sought by the Ecuadorian plaintiffs. In its interpretation of the Uniform Foreign Money-Judgments Recognition Act [text, PDF], the court concluded that judgment-debtors like Chevron can challenge a foreign judgment's validity under the Act only defensively and in response to an attempted enforcement. The court found that an effort of enforcement by the Ecuadorian plaintiffs had not yet been undertaken anywhere, and might never be undertaken in New York. While both Chevron and the Ecuadorian plaintiffs have yet to comment on the decision, Chevron has long contended [press release] that it has never conducted oil operations in Ecuador and that the allegations of environmental and social harm in the Amazon are therefore false. The Second Circuit's ruling was in line with an earlier decision issued in September.

Just last week, Chevron filed [JURIST report] a similar appeal [text, PDF, in Spanish] with Ecuador's National Court of Justice to reconsider the original decision [press release] by an Ecuadorian judge requiring the oil company to pay roughly $18 billion in damages for its role in polluting the Amazon. Specifically, Chevron argued that the judge's decision violated Ecuador's constitution because the court failed to correct or punish the alleged fraud and corruption committed by plaintiffs' attorneys. Chevron also contended that because it inherited the case from Texaco, an oil company who was released from such liability by Ecuador in the 1990s, it too should be released from liability. The judgment was originally upheld in January [JURIST report] by a three-judge panel of the Provincial Court of Justice of Sucumbios in Lago Agrio, Ecuador. Though the fine was initially set at $8.6 billion [JURIST report], it was later more than doubled for Chevron's refusal to pay "moral reparations" to the Ecuadorian government, as required by the original ruling. The Amazon Defense Coalition [advocacy website], the Ecuadorian plaintiffs, have said that the first judgment was a reaffirmation of how Chevron's greed and criminal misconduct in polluting the region has led to death and disease. Damages were initially awarded last February by the Provincial Court of Justice of Sucumbios which found that Texaco, acquired by Chevron in 2001, polluted large areas of the country's rain forest.




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Minnesota high court upholds mandatory DNA samples from convicted criminals
Katherine Getty on January 26, 2012 12:47 PM ET

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[JURIST] The Minnesota Supreme Court [official website] ruled Wednesday that a Minnesota statute requiring people convicted of crimes to submit a DNA sample does not violate [opinion, PDF] the Fourth Amendment [text] right to unreasonable search. The Minnesota law [text], which was enacted in 2010, requires an offender to submit a DNA test, upon sentencing, before release from prison and upon transfer from another state. The appellant had been charged with a felony but agreed to take a sentence reduction in response to entering a guilty plea. He claimed that the DNA requirement violated his equal protection and should be considered an unreasonable search. The district court and the appellate court rejected that argument, and he appealed to the state's highest court. In Wednesday's opinion Justice Dietzen agreed with the lower court and held such a requirement was not a violation.
The State's legitimate governmental interests outweigh appellant's reduced expectation of privacy following a misdemeanor conviction arising out of the same set of circumstances as his felony charge. We conclude that the physical intrusion of Johnson's bodily integrity to acquire the DNA sample is minimal, especially when compared to the other intrusions Johnson is subjected to as part of his probation.
In the dissent, Justice Meyer stated that the collection of DNA constituted an intrusion upon personal security and dignity and instead found the privacy invasion highly intrusive. He would have found the DNA requirement to be unconstitutional when applied to someone only convicted of a misdemeanor.

In August 2011 a California Appeals Court struck down the state law [JURIST report] that required DNA samples be taken broadly from any adult arrested or charged with a felony. US Attorney General Eric Holder instructed federal prosecutors in November 2010 to use DNA evidence as much as possible [JURIST report], reversing the Bush administration policy. The US District Court for the Eastern District of California upheld the constitutionality [JURIST report] of mandatory DNA collection for all persons arrested or detained under federal authority in May 2009.




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Iraq to take legal action over Haditha killings
Rebecca DiLeonardo on January 26, 2012 12:47 PM ET

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[JURIST] A media adviser to Iraqi Prime Minister Nouri al-Maliki [official website, in Arabic; JURIST news archive] said Thursday that the government will take legal action on behalf of the victims of the November 2005 Haditha killings [JURIST news archive], in which 24 Iraqi civilians were killed. Government spokesman Ali al-Moussawi expressed displeasure [Reuters report] with the outcome of the investigation and prosecutions in the US military court. On Tuesday, US Staff Sgt. Frank Wuterich [advocacy website] pleaded guilty [JURIST report] to the charge of negligent dereliction of duty, making him the only marine convicted of misconduct related to the killings. Eight marines were originally charged in relation to the killings, but in six cases charges were dismissed and one marine was acquitted. Earlier this week, many Iraqis were outraged [Reuters report] by the lenient deal given to Wuterich, whose conviction carries a maximum sentence of three months in jail. Al-Moussawi did not specify what legal action the Iraqi government might take.

Wuterich's guilty plea marks the end of the final court-martial resulting from a five-year investigation into the 2005 Haditha killings. Wuterich was denied a motion to dismiss [JURIST report] his charges in 2010. His trial was postponed in 2008 [JURIST report] after a judge decided to throw out a subpoena for unaired footage of a CBS interview with Wuterich that prosecutors believed could have proven his guilt. Charges against Lt. Colonel Jeffrey Chessani [JURIST news archive] were dropped [JURIST report] in June 2008, the same month 1st Lt. Andrew Grayson [JURIST news archive] was acquitted [JURIST report] of all charges against him relating to the incident. In August 2007, charges against Lance Cpl. Justin Sharratt and Capt. Randy W. Stone were dismissed [JURIST report]. In 2007, an official report on the Haditha incident by US Army Major General Eldon Bargewell showed that there was "serious misconduct" [JURIST report] at all levels of the chain of command.




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UN rights chief concerned over Libya torture allegations
Jamie Reese on January 26, 2012 12:43 PM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official website] addressed [statement] the UN Security Council Wednesday, expressing concern over alleged current human rights violations in Libya. Pillay first noted that the Libyan National Transitional Council (NTC) [official website] has expressed their commitment to human rights and has taken encouraging steps in that direction in the form of legal reform and new legislation. However, the interim government still has not gained effective control over the revolutionary brigades and a concern remains over the conditions of detention and treatment of detainees held by these brigades:
The [International Committee of the Red Cross] visited over 8,500 detainees in approximately 60 places of detention between March and December 2011. The majority of detainees are accused of being Gaddafi loyalists and include a large number of sub-Saharan African nationals. The lack of oversight by the central authorities creates an environment conducive to torture and ill-treatment. My staff have received alarming reports that this is happening in places of detention that they have visited.
She urged that all detention centers be brought under the control of the Ministry of Justice and the General Prosecutor's Office. Pillay welcomed a commitment to transitional justice to address both abuses of the past and those committed during the conflict.

Allegations of war crimes and human rights violations have been widespread in the aftermath of the Libyan conflict [JURIST backgrounder]. Earlier this month Middle East rights groups alleged human rights violations [JURIST report] and that all parties involved, including the North Atlantic Treaty Organization (NATO) [official website], committed acts ranging from use of excessive force against protesters to cruel and inhuman treatment of prisoners during detention. They also urged support to the Libyan authorities in the implementation of section 12 of the UN Security Council Resolution 2009 [text in PDF]. In September 2011, the Libyan NTC vowed to investigate allegations of human rights after Amnesty International (AI) [advocacy website] published a report [JURIST report] alleging that both sides of the Libya conflict are responsible for human rights abuses and warning the NTC to act quickly to investigate these allegations. In August, Physicians for Human Rights (PHR) [advocacy website] reported [text, PDF] Libyan troops used children as human shields [JURIST report] to deter attacks by NATO. That same month, the Libyan Prime Minister Al Baghdad Ali Al-Mahmoudi requested that the UN create a "high-level commission" to investigate alleged human rights abuses [JURIST report] by NATO.




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South Carolina appeals order blocking portions of immigration law
Jennie Ryan on January 26, 2012 11:44 AM ET

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[JURIST] South Carolina Attorney General Alan Wilson [official website] has filed an appeal in the US Court of Appeals for the Fourth Circuit [official website] asking the court to overturn the decision to block provisions of the state's new controversial immigration law [SB 20]. The state is asking the court to overturn the district court ruling blocking two provisions of the law and to allow the entirety of the law to take effect. The request comes after a judge for the US District Court for the District of South Carolina [official website] placed a hold on the lawsuit [JURIST report] over the immigration law pending the outcome of a similar case to be heard by the US Supreme Court [official website]. The Supreme Court agreed [JURIST report] in December to rule on Arizona's controversial immigration law granting certiorari [JURIST report] in Arizona v. United States [docket] to determine if Arizona's law is preempted by federal law. The South Carolina law was scheduled to take effect on January 1.

In December of last year, a federal judge blocked [JURIST report] portions of the South Carolina law. Judge Richard Gergel blocked the provision that requires police to check immigration status, finding, "[t]his state-mandated scrutiny is without consideration of federal enforcement priorities and unquestionably vastly expands the persons targeted for immigration enforcement action. He also blocked the provision that outlaws harboring or transporting an illegal immigrant, finding a likelihood of irreparable harm. Similar immigration laws are being challenged throughout the US. Also in December, Alabama and Georgia filed motions in the US Court of Appeals for the Eleventh Circuit [official website] seeking to stay proceedings [JURIST report] on challenges to their immigration laws pending the Supreme Court ruling in Arizona v. United States. A challenge is also pending to an immigration law in Utah, and an Indiana law has been blocked [JURIST reports] by a federal judge.




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Romania constitutional court rejects controversial election law
Maureen Cosgrove on January 26, 2012 10:52 AM ET

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[JURIST] The Constitutional Court of Romania [official website, in Romanian] on Wednesday ruled that a law allowing local and parliamentary elections to be held at the same time is unconstitutional. The Romanian Parliament [official website, in Romanian] passed the law in December [AP report], but objections from opposition leaders and anti-government protesters followed. The opposition argued that the law would facilitate fraud, cheating and confusion in the election process, while the government claimed the law would cuts costs by permitting one ballot for two elections. After the ruling, Romanian President Traian Basescu [official website, in Romanian] defended his administration [speech text, in Romanian] amid protests against the government's education, justice, criminal and economic policies.

Romanian elections have garnered discontent in recent years. The high court declared [press release, PDF; in Romanian] incumbent Basescu winner of the country's disputed presidential election [JURIST report] in December 2009. The court unanimously rejected a complaint by Basescu's opponent, Social Democrat Mircea Geoana [campaign website, in Romanian], to declare the results of the runoff election invalid because of allegations of voter fraud and bribery. After the first round of elections in November produced no clear winner, Basescu and Geoana faced a runoff election. Official results showed that Basescu had won by a mere 70,000 votes, garnering 50.3 percent of the total votes, and the court ordered election officials to recount [JURIST report] 138,000 voided ballots. In 2007, Basescu was reinstated [JURIST report] after the constitutional court certified results of a referendum where 74 percent of voters rejected Basescu's impeachment [JURIST report].




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Bosnia war crimes court upholds 31-year sentence for Srebrenica massacre
Julia Zebley on January 26, 2012 8:52 AM ET

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[JURIST] The Court of Bosnia and Herzegovina (BiH) [official website] on Wednesday upheld the conviction [JURIST report] and 31-year sentence of Radomir Vukovic for his part in the 1995 Srebrenica massacre during the Bosnian civil war [JURIST news archives]. While Vukoic's appeal was denied, Zoran Tomic won his appeal on a lack of evidence. As a member of the 2nd Sekovici Special Police Detachment, the court found that Vukovic participated in executing 1,000 Bosniak men who were imprisoned in a warehouse. This was Vukovic's final appeal.

Earlier this week, convicted Serbian war criminal Radovan Stankovic [JURIST report] was arrested in BiH after being on the run since May 2007 when he escaped from a Bosnian prison. Stankovic was convicted of multiple war crimes [JURIST report] in 2006, including rape, enslavement and torture. Last month, the US extradited Rasema Handanovic [JURIST report], a woman accused of killing Bosnian Croat civilians during the Bosnian Civil War. A number of cases have been opened in relation to the Bosnian Civil War. The Court of BiH confirmed the indictment [JURIST report] of former police officer Bozidar Kuvelja in March for his role in a 1995 massacre. In February, French authorities arrested Milorad Momic [JURIST report] under an international arrest warrant for his suspected involvement in war crimes. Last August, Spanish officials extradited accused Montenegrin war criminal [JURIST report] Veselin Vlahovic, known as the "monster of Grbavica," to Sarajevo.




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