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Legal news from Saturday, April 28, 2012 |
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South Africa president pardons 35,000 offenders to ease prison overcrowding
Matthew Pomy on April 28, 2012 12:02 PM ET

[JURIST] South African President Jacob Zuma [BBC profile] announced Saturday that he will be issuing pardons [text], known as "special remissions," to 35,000 offenders in order to ease prison overcrowding. The remissions were issued in honor of Freedom Day commemorating Nelson Mandela [BBC profile] winning the nation's first all-race elections in 1994. According to the police minister [AP report], 14,600 of the offenders will be "conditionally or unconditionally" released from prison, and 20,000 offenders' parole or probation sentences will be dismissed. The president is granted this power under Section 84(j) of the South African Constitution [text, PDF].
Prison overcrowding is a common problem across the globe. In February Human Rights Watch [advocacy website] called for the reduction of overcrowding [JURIST report] to improve poor prison conditions in Latin America following a prison fire in Honduras. In August Venezuelan Minister for Prisons Iris Varela announced that she plans to release up to 40 percent [JURIST report] of the country's prisoners in an effort to reduce prison overcrowding. The US also has prison overcrowding concerns, particularly in California. Last year, the US Supreme Court upheld [opinion, PDF] an order requiring California to release up to 46,000 prisoners [JURIST report] to remedy the state's overcrowded prisons. California submitted a plan to comply with the court's order, but the state's Legislative Analyst's Office has concluded that California is unlikely to meet [JURIST reports] the Supreme Court's two-year deadline.


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Somali man convicted of piracy for role in German, US hijackings
Jamie Davis on April 28, 2012 10:55 AM ET

[JURIST] Somali national Mohommad Saaili Shibin was convicted in a US court on Friday of piracy [JURIST news archive] for his role in the hijacking of a German merchant vessel and a US yacht in 2010 and 2011. Shibin, who played the role of negotiator in the hijackings, was convicted of 15 charges [AP report], including kidnapping and hostage-taking which require a sentence of life in prison. According to a statement by US Attorney for the Eastern District of Virginia Neil MacBride [official profile], Shibin is the highest-ranking pirate ever to be convicted in the US. US officials are hopeful that Shibin's conviction will send a strong message to deter Somali pirates from hijacking US ships. Shibin's attorney, James Broccoletti, will appeal the case on grounds that the case should have been prosecuted in Somalia instead of the US because Shibin was arrested in Somalia, not in international waters. Broccoletti also contends the definition of piracy is in dispute after two federal judges have handed down different rulings, giving another ground for appeal in the case. The prosecution argued that piracy was more than the defense's contention of robbery at sea and that is was instead includes "facilitating a pirate attack."
Somali pirates have been garnishing much attention lately from the international community. Last month, the US government handed over 15 suspected Somali pirates [JURIST report] it captured in January to the Republic of Seychelles for prosecution. The suspects are accused of attacking a ship and kidnapping 13 Iranian fisherman, all of whom the US Navy rescued. In December, Seychelles President James Michel asked world leaders to address security problems in Somalia [JURIST report] with greater urgency in order to lower the rate of Somali pirate attacks in the southern Indian Ocean. In November, Assistant Secretary-General for Political AffairsTaye-Brook Zerihoun told the UN Security Council that in order to successfully combat piracy, member states must increase security and legal action against pirates [JURIST report] and provide further support to the Somalian economy. Zerihoun stated that although recent efforts in the international community have reduced the instances of piracy in the East African region, many nations have failed to prosecute accused pirates.


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