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Legal news from Thursday, February 16, 2012




Prosecutors ask Roman court to try Italy ex-PM Berlusconi for tax evasion
Brandon Gatto on February 16, 2012 2:23 PM ET

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[JURIST] La Procura di Roma, the public prosecutors of Rome, has asked the Tribunale Ordinario di Roma [official website, in Italian] to put former Italian prime minister Silvio Berlusconi [BBC profile; JURIST news archive] and his son on trial for tax evasion, judicial sources said on Thursday. La Procura is calling for a tribunal of Berlusconi and 11 others [La Repubblico report, in Italian] as part of a broader inquiry into Mediaset [corporate website, in Italian], the media group owned by Italy's former figurehead. Specifically, the prosecutors say that Mediaset violated Italian tax laws when it bought the rights of Hollywood films and TV shows, and that Berlusconi and his son, Pier Silvio, were part of a scheme to defraud the tax authorities of 10 million euros, or $13.07 million, by inflating invoices between 2004 and 2005. At the moment, the controversial former prime minister is facing three other trials, including a bribery case and two corruption cases. Berlusconi, however, attributes all of the charges to political attacks from his adversaries. In an open letter [text, in Italian] to the Milan-based newspaper Il Giornale [media website, in Italian], Berlusconi wrote in Italian:
I have a conscience; to have served my country in these years with all of my strength, and I am rewarded with a persistence on the part of some magistrates in Milan that have no historical equal. They want to tear down my image as a man, a businessman, and a politician. What saddens me most is to see the extent to which justice can be bent to political and ideological prejudices.
Amid the controversy, prosecutors have not responded to the ex-prime minister's decree, and the Roman court has yet to rule if the case will move forward.

Berlusconi, who resigned as Italian prime minister in November 2011, has been a defendant in nearly fifty cases. Most recently, he is facing charges of publicly releasing private wiretaps, embezzlement, and paying for sex with an underage prostitute [JURIST reports]. The former Italian leader was hailed to a Milan court in April 2011 to combat the same tax fraud charges at issue now, but then, as acting prime minister, Berlosconi dismissed the charges as a "waste of time" and left the trial [AP report]. In January 2011, the Italian Constitutional Court [official website, in Italian] held hearings and subsequently struck down [JURIST reports] portions of an immunity law [materials, in Italian] supported by Berlusconi that would have granted the premier temporary amnesty from any charges while in office.




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HRW calls for reduction of Latin America prison population
Jamie Reese on February 16, 2012 1:44 PM ET

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[JURIST] Human Rights Watch (HRW) [advocacy website] on Thursday called for the reduction of overcrowding [press release] to improve poor prison conditions in Latin America following a prison fire in Honduras. The fire occurred this past Tuesday and killed more than 300 inmates while injuring dozens more. According to HRW, Honduras prisoners suffer overcrowding which leads to poor prison conditions including inadequate nutrition and sanitation, all leading to the tragic result earlier this week. Americas Director at HRW, Jose Miguel Vivanco [official profile], stated, "The tragic deaths of hundreds of inmates, one of the worst incidents of its kind in the region, are ultimately the result of overcrowding and poor prison conditions, two longstanding problems in Honduras." According to local press, Honduras has 24 prisons with a total capacity of 8,000. These prisons currently hold 13,000 prisoners, well over capacity.

The US also has prison overcrowding concerns, particularly in California. Last year, the US Supreme Court ruled [opinion, PDF] in Brown v. Plata [Cornell LII backgrounder] to uphold an order requiring California to release up to 46,000 prisoners [JURIST report] to remedy the state's overcrowded prisons [JURIST news archive]. California submitted a plan [JURIST report] to comply with the court's order, but the state's Legislative Analyst's Office has concluded that California is unlikely to meet [JURIST report] the Supreme Court's two-year deadline. According to the International Center for Prison Studies [official website], the US has the most prisoners per capita [text, PDF] in the world.




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Oklahoma senate passes bill granting personhood to the unborn
Rebecca DiLeonardo on February 16, 2012 1:25 PM ET

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[JURIST] The Oklahoma Senate [official website] on Wednesday voted to pass a bill [SB 1433 text; materials] that defines life as beginning at the moment of conception. The bill passed 34-8 and will advance to the State House for consideration. If passed, the bill would effectively ban abortions [JURIST news archive] in the state. Oklahoma Senator Brian Bingman (R) [official profile], a co-author of the Bill, said [press release] its passage made a "loud clear statement" about Oklahoma's position in the abortion debate. The bill is designed to expand all personhood rights to the unborn:
The life of each human being begins at conception;...The laws of this state shall be interpreted and construed to acknowledge on behalf of the unborn child at every stage of development all the rights, privileges, and immunities available to other persons, citizens, and residents of this state.
Oklahoma Governor Mary Fallin [official profile], who signed legislation [JURIST report] last year banning abortions after 20 weeks, did not comment [Reuters report] on the new legislation.

Many states have recently been considering laws either limiting or banning abortions. Earlier this week, the Virginia House of Delegates [official website] passed a similar bill that would also define life as beginning at conception [JURIST report]. Earlier this month, the Virginia Senate approved legislation requiring a woman to have an ultrasound before an abortion [JURIST report]. Last November, Mississippi voters rejected [JURIST report] a ballot measure [Initiative 26 materials] that would have amended the state constitution to define the word "person" or "persons" to include "every human being from the moment of fertilization, cloning, or the functional equivalent thereof." The initiative, which would have given fetuses rights from the moment of conception, was defeated by more than 55 percent of the state's voters. In October 2011, an Oklahoma state court judge issued a temporary injunction [JURIST report] against a new Oklahoma law that restricts how doctors may use abortion-inducing drugs to treat patients.




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Judge to set verdict date Egypt ex-president Mubarak trial next week
Katherine Getty on February 16, 2012 1:12 PM ET

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[JURIST] Judge Ahmed Refaat will set the date to announce his verdict in a court session next Wednesday in the trial of former Egyptian President Hosni Mubarak [Al Jazeera profile, JURIST news archive], the judge told the court Thursday. Mubarak's lawyers will have their opportunity to make their final remarks [Reuters report] at the Wednesday court session, in which they will respond to the prosecution's arguments. 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 office [JURIST report]. If convicted, Mubarak could face the death penalty [JURIST report]. Many fear if Mubarak is given a light sentence it could spark another round of violence.

Mubarak's trial started [JURIST report] in August 2011 and has been making slow progress. The trial resumed in December in the Egyptian court after a two-month adjournment [JURIST reports] allowing 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 they 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 2011, but left early and refused to be cross-examined by counsel of the victims. In December 2011 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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Colorado senate to consider civil union bill
Rebecca DiLeonardo on February 16, 2012 12:29 PM ET

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[JURIST] The Colorado Senate Judiciary Committee [official website] on Wednesday voted 5-2 [materials] to approve a proposed civil union bill [SB12-002 text, PDF], referring it to the Colorado Senate [official website] for a full vote. The bill gives same-sex couples the "all legal benefits, protections, and responsibilities of spouses" joined in marriage. On Wednesday, the Judiciary Committee heard testimony [JURIST report] from advocates and opponents of the bill. The bill is expected to pass in the state senate [AP report], before proceeding to the House, where House Speaker Frank McNulty (R) [official website] has voiced opposition. A similar civil union bill passed in the Colorado Senate last year [JURIST report], but was ultimately defeated in the House [Reuters report]. The Colorado constitution defines marriage as a union between one man and one woman.

Issues surrounding same-sex marriage [JURIST backgrounder] continue to occupy discussions among lawmakers and judges. On Tuesday the New Jersey Senate voted to approve a bill [JURIST report] that, if passed, would legalize same-sex marriage in the state. Washington Governor Christine Gregoire signed legislation [JURIST report] Monday legalizing same-sex marriage, making Washington the eighth jurisdiction in the US to offer marriage to same-sex couples. Earlier this month, the US Court of Appeals for the Ninth Circuit ruled that Proposition 8, California's ban on same-sex marriage, is unconstitutional [JURIST report]. In January, an Iowa District Court ordered that the Iowa Department of Public Health include both names [JURIST report] of married same-sex parents on children's birth certificates.




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UN Secretary General urges Syria to stop alleged crimes against humanity
Katherine Getty on February 16, 2012 12:26 PM ET

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[JURIST] United Nations (UN) [official website] Secretary General Ban Ki-Moon [official profile] Thursday called on Syria to end to violence against civilians and possible crimes against humanity [press release]. During a speech in Vienna, Austria, the Secretary General said he had urged Syrian President Bashar al-Assad [BBC profile, JURIST news archive] to make necessary changes before the unrest spread, but Assad instead took military action against the people of Syria. Ban said that estimates show over 5,000 people have been killed since violence started 11 months ago:
Lack of access has prevented the United Nations, the international community and humanitarian workers from knowing the full toll, yet credible reports indicate at least more than 5,400 people were killed as of last year. We have not been able to have credible information [on] how many more people have been killed between 1 January and today. Every day those numbers rise. We see neighborhoods shelled by tanks. Hospitals used as torture centers. Children as young as ten years old jailed and abused. We see almost certain crimes against humanity. The UN places the death toll around 5,000 people since the uprising started.
On Wednesday, Al-Assad ordered a referendum on a new constitution [JURIST report], which could open the country up to a multiparty political system. But some critics have argued that the referendum, scheduled for February 26, is insufficient.

The growing unrest in Syria has drawn abundant international attention recently. Earlier this week, UN High Commissioner for Human Rights Navi Pillay [official profile, JURIST news archive], in a speech to the UN General Assembly [JURIST report], called for the UN Security Council to refer the situation in Syria to the International Criminal Court. Pillay urged an investigation of Syrian government and military officials for possible crimes against humanity. The UN Children's Fund (UNICEF) [official website] claimed in early February that the past 11 months of violence in Syria have led to the deaths of hundreds of children [JURIST report]. In January, Ban demanded [JURIST reports] that al-Assad end violence against Syrian civilians.




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Philippines president calls for public support in chief justice impeachment trial
Jamie Reese on February 16, 2012 12:23 PM ET

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[JURIST] Philippine President Benigno Aquino [BBC profile] called for public support Thursday to encourage impeachment proceedings against Philippine Chief Justice Renato Corona [official profile]. Aquino warned that the fight against corruption depended on the result [AFP report] of the impeachment. Aquino invoked the "people power" revolution, which gives Filipinos the power to ensure Corona is removed from office. Aquino recalled "civil disobedience campaigns" used in the past by civilians to oust a previous dictator peacefully. He claims that if the Senate acquits Corona it will destroy his efforts against corruption in the Philippines. Corona is charged [text] with violating the constitution and the public trust in connection with the trial of former president Gloria Macapagal Arroyo [BBC profile; JURIST news archive], who originally appointed Corona to the Supreme Court.

Corona's impeachment trial began [JURIST report] in January before the Philippine Senate [official website]. If found guilty, Corona will likely be forced out of office. Aquino has targeted former president Arroyo in his anti-corruption efforts. Arroyo was recently arrested [JURIST report] in the hospital before she was able to leave the country to seek medical treatment. Corona presided over the court that voted to allow Arroyo to travel [JURIST report] to receive medical care, temporarily restraining the restrictions on Arroyo's travel in connection with several pending charges against her. Arroyo was president of the Philippines from 2001-2010. She left office after the Philippine Department of Justice (PDOJ) [official website] brought allegations of corruption against her. Arroyo was elected to the House of Representatives in 2010 after the Philippine Supreme Court ruled her eligible to run [JURIST report], despite protests that she had an unfair advantage. In July 2010, Aquino signed an executive order [JURIST report] to set up a "truth commission" to investigate allegations that the outgoing administration engaged in corruption and rights violations.




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ICTY delays Mladic trial
Jennie Ryan on February 16, 2012 10:38 AM ET

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[JURIST] The International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] on Thursday delayed [order, PDF] the trial of former Serbian general and alleged war criminal Ratko Mladic [ICTY backgrounder, PDF; JURIST news archive], setting a new start date of May 14. The previous start date for the trial [JURIST report] was March 27. The delay was ordered after Mladic's defense lawyers argued they needed more time [BBC report] to sift through thousands of pages of evidence. The prosecution alone intends to present approximately 27,906 exhibits throughout the course of its case. Mladic faces charges of genocide and crimes against humanity, including murder, political persecution, forcible transfer and deportations, cruel treatment and the taking of peacekeepers as hostages committed by Bosnian Serb forces under his command during the Bosnian civil war, which saw over 100,000 casualties and hundreds of thousands more displaced. The order also set a pre-trial conference [press release] for April 17. The next status conference in the case will be held on March 29.

In December of last year, a three-judge panel for the ICTY accepted a request brought by prosecutors to reduce the number of crimes [JURIST reports] they intend to prove against Mladic from 196 to 106. The request came days after the ICTY ordered a medical examination [JURIST report] of Mladic's physical condition in response to his absence from court the week prior due to illness. In October, the ICTY prosecutor refused to seek further appeal [JURIST report] of the tribunal's refusal to split Mladic's trial into separate actions: one for his conduct during the Srebrenica massacre [JURIST news archive], where approximately 8,000 people were killed, and one for all of his other charges during the Bosnian civil war [JURIST news archive]. Mladic made his first appearance [JURIST report] at the ICTY in June, contesting the charges while simultaneously asking for more time to review them, which he was granted. Before that, he had lost his final appeal in Serbia to avoid extradition, and was transported to The Hague [JURIST reports]. Serbian authorities captured Mladic [JURIST report] in May, ending a 16-year manhunt for the former general colonel and commander of the army of the Serbian Republic of Bosnia and Herzegovina.




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Libya leaders abusing, torturing Gaddafi supporters: AI
Jennie Ryan on February 16, 2012 10:18 AM ET

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[JURIST] Amnesty International (AI) [advocacy website] on Thursday released a report [text] accusing the ruling National Transitional Council (NTC) [official website] in Libya of allowing the abuse and torture of supporters of former leader Muammar Gaddafi [BBC obituary; JURIST news archive] by unofficial militias. In the report, AI alleges that supporters of Gaddafi are being unlawfully detained, tortured and even killed by militias that the NTC has failed to control. The report was compiled by AI representatives who traveled to Libya in January and February and visited 11 facilities used to detain suspected Gaddafi loyalists. AI reported [press release] that 12 detainees have been killed while in the custody of these militias and described some of the abuse:
Many detainees told Amnesty International that they had been beaten, including with sticks, whips and rifle butts. Several said they suffered other forms of torture, including electric shocks, burns, and threats of rape or death. Forensic examinations of some of those who died in detention provide further evidence that such methods are still being used.
The report recommends that the NTC put an immediate end to unlawful detentions and ensure that any arrests are carried out by lawful police forces, ensure humane treatment of detainees and investigate the reported deaths of prisoners.

Allegations of war crimes and human rights violations have been widespread during the Libya conflict [JURIST backgrounder]. In October of last year, AI alleged that Libyan forces arrested nearly 2,500 people who face ongoing torture and detainment [JURIST report] without formal charges. In September, the NTC vowed to investigate allegations of human rights abuses after AI 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. That same month, the NTC assured world leaders that Libya will be a society of tolerance and respect [JURIST report] for the rule of law. During a meeting [BBC report] in Paris chaired by French President Nicolas Sarkozy, NTC leader Mustafa Abdel Jalil [BBC profiles] vowed to administer elections and draft a new constitution for Libya within 18 months.




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