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Legal news from Saturday, April 28, 2012




Bosnian Muslim woman pleads guilty to war crimes committed in Sarajevo
Matthew Pomy on April 28, 2012 12:49 PM ET

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[JURIST] Rasema Handanovic, a woman accused of killing Bosnian Croat civilians during the 1992-1995 Bosnian Civil War [JURIST news archive], pleaded guilty Friday before the Court of Bosnia and Herzegovina [official website]. This makes her the first woman [AFP report] convicted of war crimes by the local Bosnian court. Fellow combatants testified to having witnessed Handanovic personally shoot wounded victims in the head [Reuters report], some multiple times. Handanovic expressed regret for her crimes. Handanovic, who immigrated to the US and became a citizen in 2006, lived with her family in Oregon and was extradited [JURIST report] in December. She faces a minimum sentence of 10 years in prison.

Courts continue to pursue cases related to the Bosnian civil war. The trial of eight Bosnian Muslims [JURIST report] for their alleged war crimes during the civil war began earlier this month. In February the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website; JURIST news archive] sentenced Milan Tupajic to two months in prison [JURIST report] on two counts of contempt for refusing to testify against Radovan Karadzic. In January a Bosnian court upheld the original conviction and 31-year sentence of Radomir Vukovic, who was captured earlier that month [JURIST reports].




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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

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[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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Ukraine ex-PM Tymoshenko's tax evasion trial postponed due to health
Julia Zebley on April 28, 2012 11:43 AM ET

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[JURIST] A judge for the Kyivsky District Court of Kharkiv ruled Saturday that a tax evasion hearing for former Ukrainian prime minister Yulia Tymoshenko [personal website; JURIST news archive] will be postponed until May 21, due to health concerns. Tymoshenko's latest legal battle concerns allegations of tax evasion while she headed the United Energy Systems of Ukraine (UESU) in 1996. Proceedings began earlier this month [JURIST report] despite Tymoshenko's absence, but Judge Kostiantyn Sadovsky granted her a two-week extension [Interfax report] Saturday in the hopes that she will appear before the court. Tymoshenko's legal team has suggested that two weeks will be insufficient [press release, in Ukrainian]. In addition to a herniated disc, Tymohenko is on the ninth day of a hunger strike and has alleged that jailers are beating her [press releases, in Ukrainian].

Last week, Tymoshenko was returned to prison after being sent to a clinic for medical treatment. The former prime minister has refused to be treated [JURIST report] by the prison doctors for back problems she has been experiencing, as she believes they are under the direction of political rival President Viktor Yanukovych. She is currently appealing a conviction and seven-year prison sentence [JURIST reports] to the European Court of Human Rights (ECHR) and has discontinued all appeals [JURIST report] in the Ukraine on that issue. Although her previous conviction was on charges of corruption and abuse of power during her time as Prime Minister, Tymoshenko is now accused of hiding $165 million of corporate revenue and accumulating $5.8 million through tax fraud while the head of the UESU.




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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

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[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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China activist escapes house arrest to US protection
Jamie Davis on April 28, 2012 9:52 AM ET

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[JURIST] Blind Chinese rights activist Chen Guangcheng [JURIST news archive] fled the guarded home where he was being kept under house arrest to the protection of US officials last week, reports said Friday. While the US embassy has not confirmed reports that Chen is at the embassy [BBC report], US-based rights group ChinaAid [advocacy website] has confirmed that the US is in "high-level talks" regarding the safety of Chen in a statement [text] released on Saturday. Chen's escape is expected to change US Secretary of State Hillary Clinton's scheduled visit to Beijing next week as she has repeatedly called for his release. UN High Commissioner for Human Rights Navi Pillay [official website] also commented on Chen's escape in a statement [text] released on Friday in which she expressed her concern for the family members of the activist who have been detained by Chinese officials. In a video posted online last week, Chen pleaded with Chinese Premier Wen Jiabao to keep his family safe:

Chen was placed under house arrest in 2010 after he was released from serving four years in prison [JURIST report] for damaging property and "organizing a mob to disturb traffic." After placing him under house arrest, Chinese authorities increased surveillance of his home and family, bringing into question the authenticity of his release [press release]. Family members alleged that Chen suffers from health problems caused by mistreatment he received while in prison, including beatings and repeated food poisonings [WP report]. Chen claims the charges were retribution for his documentation of forced sterilizations and abortions performed by Chinese officials to enforce China's one-child policy.




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