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Legal news from Friday, February 10, 2012




Former Croatia interior minister pleads not guity to war crimes charges
Jerry Votava on February 10, 2012 4:30 PM ET

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[JURIST] Former Croatian military commander and senior interior minister Tomislav Mercep [official profile, in Croatian] pleaded not guilty Friday for war crimes committed against Serbians during the 1990s conflict in the Balkans. The Municipal Court in Zagreb charged that he was aware of atrocities against civilians [JURIST report] but prevented other officials from mitigating damages against them. Mercep has also been charged with with ordering detentions, torture and executions of Serbian civilians. Mercep was arrested [JURIST report] in December 2010. His plea and trial are some of the requirements of dealing with past war crimes before Croatia's admittance to the EU, which is expected in 2013 [Reuters report].

Amnesty International (AI) [advocacy website] released a report [text, PDF] calling for the prosecution of individuals responsible for war crimes the day before Mercep's arrest. In November 2010, a Croatian court sentenced [JURIST report] six men to 15 to 40 years in prison for their roles in the 2008 killing of a Croatian journalist. In 2008, AI called on the EU to use Croatia's status as a candidate country to ensure that the Croatian government actively investigates and prosecutes [JURIST report] suspected war criminals. AI criticized the slow pace of war crimes investigations, and noted that Croatian courts have mostly focused on crimes allegedly committed by ethnic Serbs even though Croats have also been accused of ethnic-based war crimes.




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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

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[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 calls for ICC trial for Syria officials
Jerry Votava on February 10, 2012 2:06 PM ET

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[JURIST] The UN Office of the High Commissioner for Human Rights (OHCHR) [official website] Friday reiterated its call for international action to protect civilians in Syria [JURIST news archive], calling for Syrian officials suspected of crimes against humanity to be tried before the International Criminal Court (ICC) [official website]. High Commissioner Navi Pillay [official profile] is now scheduled to address the UN General Assembly [UN News Centre report] on Monday regarding the latest humanitarian developments in Syria, where the ongoing uprising challenging the autocratic rule of President Bashar Assad has resulted in a bloody government crackdown that has seen more than 5,000 people killed since March. Reports of increased violence in recent days [Reuters report] prompted Pillay earlier this week to urge international intervention [JURIST report] on behalf of the Syrian people. General Assembly President Nassir Abdulaziz Al-Nasser [official profile] then made a request for Pillay to brief the 193-member Assembly after she argued that the failure of the UN Security Council [official website] to agree on collective action against Syria has encouraged the Syrian government to attack and kill civilians to quash dissent. The General Assembly also plans to discuss at the session a December report by the UN Human Rights Council (UNHRC) [official website] that strongly condemned the recent violence [JURIST report], and upon which the Council passed an emergency resolution calling for the appointment of a special human rights investigator on Syria, the suspension of Syrian security forces suspected of human rights violations and the release of prisoners of conscience held by Syrian authorities. No other UN bodies have acted on the resolution.

The OHCHR has consistently called for an end to the violence in Syria and ICC prosecution of Syrian officials. Pillay has addressed the UN Security Council twice to urge ICC prosecutions [JURIST reports]. Human rights groups have also sharply criticized the Syrian government for using violence against its own people. Earlier this week the UN Children's Fund (UNICEF) [official website] claimed that 11 months of violence in Syria has led to the deaths of hundreds of children [JURIST report]. Earlier this month Human Rights Watch (HRW) [advocacy website] accused the Syrian army of torturing children [JURIST report]. In January, UN Secretary-General Ban Ki-Moon [official profile] demanded [JURIST report] that Syrian President Bashar al-Assad [BBC backgrounder] end violence against Syrian civilians. In November, HRW declared that Syrian forces were committing crimes against humanity [JURIST report], including torture and unlawful killings of anti-government protesters. JURIST contributing editor Chibli Mallat argues that a UN Security Council resolution would not have affected meaningful change [JURIST op-ed].




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Virginia senate approves bill allowing adoption agencies to refuse placement
Matthew Pomy on February 10, 2012 12:46 PM ET

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[JURIST] The Virginia Senate [official website] approved a bill [text, PDF] Wednesday that would allow private adoption agencies to refuse placement to families if the agency, or anyone affiliated with it, disagrees with the proposed placement based on religious beliefs. Effectively, this bill would allow adoption agencies to refuse to adopt to same-sex couples. It has already been passed [JURIST report] by the the Virginia House of Delegates [official website], and Governor Bob McDonnell [official profile] said he will sign the bill if it makes it to his desk. The bill provides, in relevant part:
No private child-placing agency shall be required to consider or consent to any placement of a child for foster care or adoption when the proposed placement would conflict with the religious tenets of any sponsor of the agency or other organization or institution with which the child-placing agency is affiliated or associated. ... Refusal of a private child-placing agency to consider or consent to any placement of a child pursuant to this section shall not form the basis of any claim for damages.
The Virginia Board of Social Services [official website] already adopted similar regulations in December. This legislation would prevent those regulations from being changed.

Last month an Iowa court ruled [JURIST report] that both same-sex parents' names must be recorded on birth certificates. In October the US Supreme Court [official website] denied certiorari [JURIST report] in Adar v. Smith [backgrounder], in which a same-sex couple asked Louisiana to include both of their names on the birth certificate of their adopted child. In April the Arkansas Supreme Court struck down [JURIST report] a state ban on adoptions by same-sex couples. The Supreme Court of Mexico in August 2010 upheld a Mexico City law [JURIST report] allowing adoptions by same-sex couples. Two years before that, a Florida court ruled that a state statute [JURIST report] preventing same-sex couples from adopting children was unconstitutional.




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Uganda to drop death penalty from bill criminalizing homosexuality
Michael Haggerson on February 10, 2012 12:00 PM ET

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[JURIST] Ugandan MP David Bahati announced on Friday that clauses mandating the death penalty for "aggravated homosexuality" would be dropped from the controversial bill that would criminalize homosexuality. The bill was reintroduced [JURIST report] to the Parliament of Uganda [official website] on Tuesday in its original form, but Bahati stated that there were plans to remove certain provisions. Bahati said in 2010 that the purpose of the bill was to prevent foreigners from corrupting Ugandan children [YouTube video] by giving them money and convincing them to become homosexuals. Bahati stated that provisions imposing jail time for individuals married to someone of the same sex would also be removed form the bill [AFP report]. The original bill imposed the death penalty on homosexual "repeat offenders" and gay sex where one of the offenders is a minor or has HIV.

Uganda faces an ongoing struggle with anti-gay sentiment in the country. In November the Ugandan High Court [official website] sentenced a man to 30 years in prison [JURIST report] for beating to death prominent gay rights activist David Kato. In January 2011 the Ugandan High Court issued a permanent injunction [JURIST report] and awarded damages to three plaintiffs who were among 100 people alleged to be homosexuals by the Ugandan tabloid newspaper, The Rolling Stone. In January 2010 UN High Commissioner for Human Rights Navi Pillay [official profile] criticized the original anti-gay legislation [JURIST report], saying that it could harm Uganda's reputation internationally. In February 2010, US President Barack Obama and Secretary of State Hillary Clinton [official website] publicly denounced the proposed legislation [JURIST report]. Uganda currently criminalizes homosexual behavior [BBC report] with up to 14 years in prison.




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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

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[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 of—or is aggravated by—among 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

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[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

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[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

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[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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