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Legal news from Friday, February 10, 2012 |
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Rights group urges South Sudan to prosecute those responsible for ethnic violence
Jaimie Cremeans on February 10, 2012 2:47 PM ET

[JURIST] Human Rights Watch [official website] Director Daniel Bekele [HRW profile] on Friday urged South Sudan to investigate [HRW report] attacks made on Murle villages in December and prosecute those responsible. In this organized attack [UN News Centre report], thousands of armed Lou Nuer villagers invaded the Murle villages, robbing and burning houses and killing thousands of people. South Sudan's government has claimed repeatedly that it will investigate [South Sudan government news reports] the attacks and punish those who are responsible, but HRW says that no progress has been made. "For speed and credibility's sake, the government should ask the UN and African bodies for help," Bekele said. Since the December attack, there have been retaliation attacks [Sudan Tribune report] made by Murles, and threats of another full-scale attack [press release] by the Lou Nuers have been made.
The UN has been closely monitoring the situation and providing humanitarian relief [UN News Centre report] to victims of the attacks but has called on the South Sudan government to take control of the situation. The Lou Nuers and Murles have been at odds for hundreds of years [VOA report], attacking each others' villages to steal cattle. It is only recently that these raids have become as organized and deadly as the December Lou Nuer attack. Acquisition of deadly weapons, partially due to creation of militias during the country's recent civil war, which resulted in the secession of South Sudan [JURIST report], has taken the violence to a new level, causing heightened concern from the UN and human rights groups.


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UN rights office expresses concern over deaths in South America prisons
Matthew Pomy on February 10, 2012 11:35 AM ET

[JURIST] Amerigo Incalcaterra, the regional representative for South America [official website, Spanish] from the UN Office of the High Commissioner for Human Rights (OHCHR) [official website], expressed concern [press release, Spanish] Tuesday over the violence in prisons in South America after the death of at least three prisoners in Uruguay, two in Argentina, two in Venezuela and one in Chile over the last few days. The OHCHR sets out guidelines for the treatment of prisoners through General Comment No. 9 [text], issued in 1982, which Incalcaterra notes should have been followed more closely in order to prevent the inhumane treatment that is believed to be linked to the violence. There is also an Optional Protocol to the Convention against Torture [text] that sets up preventative measures that none of the countries at issue here have taken steps to implement. Incalcaterra said in a statement: These events reflect an alarming pattern of prison violence in the region, which is a direct consequence ofor is aggravated byamong others, poor conditions of detention, including chronic prison overcrowding, the lack of access to basic services such as adequate floor space, potable water, food, health care, and lack of basic sanitary and hygienic standards. These types of conditions are addressed in both the OHCHR General Comment as well as the Optional Protocol.
The violence has been linked to overcrowding and poor hygienic conditions [LAT report] in many South American prisons. A report [text, PDF] written by he Washington Office on Latin America and the Transnational Institute [official website] two years ago credits the overcrowding to stricter drug laws throughout South America.


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Lawyer for 9/11 suspect challenges government review of legal correspondence
Michael Haggerson on February 10, 2012 11:28 AM ET

[JURIST] James Connell, defense lawyer for suspected 9/11 [JURIST backgrounder] conspirator Ali Abdul Aziz Ali, filed suit in the US District Court for the District of Columbia [official website] on Wednesday challenging an order for military officials to read all legal correspondence between the lawyers of the suspected 9/11 conspirators and their clients. Rear Adm. David Woods [official profile] has testified [JURIST report] that the policy balances his responsibilities to facilitate attorney-client communication while also ensuring security, safety, guard protection and good order at the facility. Specifically Woods testified that the reviewers do not actually read correspondence, but simply look at mail to make sure each page is properly marked as privileged. However, Connell contends that the policy is unconstitutional [AP report] because it violates attorney-client privilege and represents illegal monitoring of a US citizen.
On Saturday Pentagon officials denied a request for an extension [JURIST report] of the filing deadline for pre-trial motions for the alleged 9/11 conspirators. The prisoners' lawyers stated that they needed the extension because of delays in getting security clearance and new restrictions on legal mail between the attorneys and their clients. Lawyers for Guantanamo [JURIST backgrounder] detainees complained [JURIST report] to the Deputy Secretary of Defense for Detainee Affairs in November that the Joint Task Force Guantanamo [official website] was making it impossible to do their jobs and was violating attorney-client privilege by seizing, opening, interpreting, reading and reviewing attorney-client privileged communications. Ali Abdul Aziz Ali and four other suspects were charged [JURIST report] in May with conspiracy, murder in violation of the law of war, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, destruction of property in violation of the law of war, hijacking aircraft, and terrorism for their alleged roles in connection with the 9/11 attacks.


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Senate panel approves bill to televise Supreme Court proceedings
Sung Un Kim on February 10, 2012 11:06 AM ET

[JURIST] The Senate Judiciary Committee [official website] on Thursday voted 11-7 [CSPAN video] in favor of a bill [S 1945 text, PDF] that would allow televising of US Supreme Court [official website] proceedings. Currently, only few citizens can hear the proceedings in person, and audio recordings are released after the proceedings are over. However, the bill would not make televising proceedings mandatory: "The Supreme Court shall permit television coverage of all open sessions of the Court unless the Court decides, by a vote of the majority of justices, that allowing such coverage in a particular case would constitute a violation of the due process rights of 1 or more of the parties before the Court." A similar bill, The Cameras in the Courtroom Act of 2011 [HR 3572, PDF] is still pending in the House Judiciary Committee [official website].
This bill, when first proposed, faced numerous criticism as well as support and initiated a longstanding debate [JURIST report; hearing materials] among judiciary and congressional officials. Supporters argued that the bill would create a more transparent government and secure citizens' right to access governmental materials. On the other spectrum, there was concern that parts of the proceedings could be taken out of context and be abused creating misrepresentations of the court.


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UN welcomes new Libya electoral law
Sung Un Kim on February 10, 2012 10:18 AM ET

[JURIST] The UN Support Mission in Libya (UNSMIL) [official website] on Thursday welcomed the new electoral law [press release, PDF] adopted by the National Transitional Council (NTC) [official website, in Arabic; JURIST news archive]. The draft of the electoral law was finalized on Wednesday after the earlier version [text, PDF; JURIST report] was revised to address criticisms of the public. The new law sets out procedures for the upcoming election to choose a national assembly. After elected, its responsibility will be to draft a new constitution for the country. The finalized law provides that 20 percent of the 200 seats (40 seats) will be reserved for women, double of what was proposed in the earlier version. The UNSMIL stressed the importance of the new democratic development in Libya:The first free election for over four decades will provide an opportunity for Libyans to exercise their democratic rights to participate in a process which will shape the future of their country. UNSMIL remains committed, as mandated by the UN Security Council, to assist and support Libyan national efforts to undertake political dialogue, promote national reconciliation and embark upon the electoral process. Local council members stated that they still have to address the issue of education, health care, and reconstruction.
This finalization and adoption of the new electoral law is a significant step for Libya in establishing a democratic system after the end of the Muammar Gaddafi [BBC backgrounder; JURIST news archive] regime and the Libyan conflict [JURIST backgrounder]. Last week, the trial against Gaddafi allies was postponed [JURIST report]. The defense's pleading stated that the trial must be transferred to the civil court because the military court lacked the authority to rule on the issue. The trial will resume on February 15. Last month, Libya was criticized for the allegations of torture and human rights violations [JURIST report]. Although the NTC expressed its commitment to human rights and legal reformation, UN Security Council [official website] was still concerned due to the lack of NTC's control over the revolutionary brigades.


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