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Legal news from Monday, October 29, 2012




Alleged Nazi war criminal seeks damages from Australia for false imprisonment
Brandon Gatto on October 29, 2012 4:00 PM ET

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[JURIST] An alleged Nazi war criminal has filed a writ to sue the Australian government for wrongful imprisonment after being jailed on a charge of killing an 18-year-old Jewish man in Hungary in 1944. Charles Zentai [The Australian backgrounder], a 91-year-old former Nazi and resident of Perth, was imprisoned for almost two months in 2009 for the war crime, but the High Court of Australia [official website] in August refused to extradite him to Hungary [JURIST report]. Upon considering whether the Australian government could transfer the former Nazi back to Hungary in light of his status as a war crimes suspect, the court upheld a lower court ruling [JURIST report] that Zentai could not be extradited under an offense that did not exist under Hungarian law in 1944. Zentai has not yet specified the amount of damages he is seeking [Jerusalem Post report], and he remains one of the 10 most wanted Nazi war criminals by the Simon Weisenthal Center [advocacy website], a Jewish Human Rights organization.

The deportation of alleged Nazi collaborators has recently become a contentious legal issue around the world. Last month police in Slovakia announced [JURIST report] their plan to launch an investigation of a 97-year-old Hungarian man suspected of abusing and transporting Jews to Auschwitz [JURIST news archive] during the Holocaust. In July Slovakian authorities announced that they would seek extradition [JURIST report] of the same man, Laszlo Csatary, who was sentenced to death in absentia by a court in Czechoslovakia in 1948. The country, however, abolished the death penalty before dividing into Slovakia and the Czech Republic. Also in July Hungarian prosecutors charged Csatary [JURIST report] with the "unlawful torture of human beings," a war crime that carries a maximum sentence of life in prison. In January German prosecutors filed a motion [JURIST report] to jail Klaas Faber, a Dutch native who fled to Germany after being convicted in the Netherlands in 1947 of Nazi war crimes. Last year Germany reopened investigations into several former Nazi death camp guards, which stemmed from the conviction of John Demjanjuk [JURIST reports], a former guard at a camp in Poland who was deported to Germany to stand trial for his alleged Nazi crimes. Last September, alleged Nazi Sandor Kepiro died while he awaited an appeal [JURIST report] on his acquittal on war crimes charges.




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Former UK prisoner to sue government for denial of voting rights
Dan Taglioli on October 29, 2012 3:25 PM ET

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[JURIST] A former prisoner began proceedings against the British government last week after Prime Minister David Cameron announced that he would not comply with a ruling by the European Court of Human Rights (ECHR) [official websites] requiring the government to remove its blanket prohibition on prisoner voting rights. The Grand Chamber of the ECHR ruled [judgment] in 2005 by a 12–5 vote that the prisoner voting prohibition violates Article 3 of Protocol No. 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms [text, PDF]. Former prisoner John Hirst was also awarded costs and legal fees in the amount of €23,200. After much delay the government was ultimately given until November 22 of this year to respond formally to the court's ruling, but last week Cameron declared that he would not change the law [Guardian report]. In addition to filing a lawsuit for damages Hirst's lawyers are reportedly also writing to the ECHR to bring its attention to Cameron's comments. Justice Secretary Chris Grayling [personal website] has stated that while it is possible for the UK Parliament [official website] to take no action, observing judgments of the ECHR is an international legal obligation arising by treaty and the government's reputation would suffer greatly in the case of such a breach.

The ECHR was established under the Convention in 1959 to hear complaints that any Council of Europe [official website] member state has violated human rights as defined in the Convention. Earlier this month the recently freed member of the controversial Russian feminist rock collective Pussy Riot [RASPI backgrounder; JURIST news archive] filed a complaint with the ECHR claiming violations of her right to freedom of speech and that she was illegally detained and prosecuted as one of three band members
sentenced to two years in prison [JURIST reports] for hooliganism in connection with a "guerrilla performance" of a protest song in February at the altar of downtown Moscow's Christ the Savior Cathedral. Also in October the court ruled that a gay man was detained in violation of Articles 3 and 14 [JURIST report; JURIST comment] of the Convention when he was harassed and mistreated for his sexual orientation while held in a Turkish prison. In August the court held a hearing on the appeal [JURIST report] of convicted former Ukraine prime minister Yulia Tymoshenko [personal website; JURIST news archive].




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UN Secretary-General repeats call for ceasefire in Syria
Brandon Gatto on October 29, 2012 3:04 PM ET

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[JURIST] UN Secretary-General Ban Ki-moon [official website] on Monday expressed disappointment [UN News Centre report] with an apparent lack of respect for a ceasefire request in Syria, saying that the fighting must stop for the crisis to end. While the secretary-general reminded the international community that the UN is doing everything it can to bring about a political solution in Syria, he again called on the country's warring parties to stop fighting immediately. Similarly, Ban also repeated a call to the UN Security Council [official website] and all parties to support the mission of Lakhdar Brahimi, the Joint Special Representative of the UN and the League of Arab States, who is also working on a political solution to the crisis in Syria. The Security Council resoundingly supported Ban's original ceasefire plea [press release] last week.

The Syrian government has been in conflict with the Free Syrian Army [official website] since 2011, and the international community has become increasingly concerned about the violence. Ban and League of Arab States Secretary-General Nabil El Araby [official website] originally called for a ceasefire [JURIST report] between the conflict's parties last Friday, notably in light of the Muslim holiday Eid al-Adha. Also last week, UN High Commissioner for Human Rights Navi Pillay [official website] called on the international community to work to bring an end to the Syrian conflict [JURIST report]. Her statement came after Human Rights Watch (HRW) [advocacy website] reported earlier this month that the Syrian government was using cluster bombs [JURIST report] against opposition forces. In September, UN investigators reported [JURIST report] that the number and frequency of human rights violations committed by both sides of the conflict were increasing rapidly.




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FBI: violent crime drops again in 2011
Michael Haggerson on October 29, 2012 12:54 PM ET

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[JURIST] The FBI released its annual report on violent and property crime, Crime in the United States 2011 [materials; press release], on Monday, which found that the number of violent crimes reported to law enforcement decreased for the fifth consecutive year and the number of property crimes reported decreased for the ninth consecutive year. The report is based on the Uniform Crime Reporting Program (UCR) [official website]. The report found that violent crime decreased by 3.8 percent and property crime decreased by 0.5 percent in 2011 from 2010. The report further stated that there were approximately 1.2 million violent crimes, 9.6 million property crimes and 12.4 million arrests, excluding traffic violations, in the US in 2011. Furthermore, in 2011 64.8 percent of murders, 41.2 percent of forcible rapes and 56.9 percent of aggravated assaults were cleared. The Department of Justice (DOJ) [official website] previously announced that both violent crime and property crime rates increased from 2010 to 2011 [JURIST report] based on a report compiled by the Bureau of Justice Statistics and estimates of data from the National Crime Victimization Survey (NCVS) [official websites]. However, the FBI cautioned that the two reports cannot be directly compared [FBI report]:
Both were designed to complement each other, providing valuable information about aspects of the nation's crime problem, but users should not compare crime trends between the two programs because of methodology and crime coverage differences. The UCR Program provides a reliable set of criminal justice statistics for law enforcement administration, operation, and management, as well as to indicate fluctuations in the level of crime, while the NCVS provides previously unavailable information about victims, offenders, and crime... including crimes not reported to police.
The DOJ nonetheless stressed in the NCVS-based report that crime was still overall trending downward. The differences from the two reports come from the facts that they were created to serve different purposes, rely on different methodology and define some crimes differently.

It is the fifth year in a row that violent crimes decreased according to the UCR-based report. The trend continued from the Preliminary Annual Uniform Crime Report [JURIST report] released in June and the Preliminary Semiannual Uniform Crime Report [JURIST report] released in December. The report for 2010 showed a decrease of 6.0 percent in violent crime and a decrease of 2.7 percent in property crime compared to 2009 statistics [JURIST reports]. The decrease began after 2006 and 2005 statistics [JURIST reports].




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Philippines court enters not guilty plea for former president on corruption charges
Michael Haggerson on October 29, 2012 12:38 PM ET

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[JURIST] A Philippines court entered a not guilty plea on behalf of former president Gloria Macapagal-Arroyo [BBC profile; JURIST news archive] on Monday. Arroyo is accused of misappropriating $8.8 million in state lottery funds while in office. The judge entered the plea for Arroyo because she refused to enter a plea [AFP report] and her counsel stated that the charges were illegal and baseless. The Philippines Supreme Court has yet to rule on a motion from Arroyo that the charges are illegal. This is the third corruption case pending against Arroyo, who made bail in July [JURIST report] after eight months of detention in an army hospital. However, Arroyo was re-arrested [JURIST report] earlier this month on these new charges, which carry a maximum penalty of life in prison. Arroyo has maintained her innocence in all cases, suggesting the charges are politically motivated.

Former president Arroyo has been a target of anti-corruption efforts by President Benigno Aquino [BBC profile]. Arroyo was arrested [JURIST report] last November on fraud and corruption charges in the hospital before she was able to leave the country to seek medical treatment. In April Arroyo and her husband Jose Miguel pleaded not guilty [JURIST report] to corruption charges before a special anti-graft court in the Philippines. The non-guilty plea came a month after a Philippines court issued an arrest warrant [JURIST report] against Jose on bribery charges. He was accused of accepting bribes to support the $329-million national broadband network deal with ZTE Corporation. Arroyo faced the same charges in December when the country's authorities filed a second criminal complaint [JURIST report] against her alleging that she approved a $329-million national broadband network deal with the Chinese company in return for millions of dollars in kickbacks in 2008.




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ICC refuses to allow pre-trial leave for Ivory Coast ex-president
Dan Taglioli on October 29, 2012 10:38 AM ET

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[JURIST] The International Criminal Court (ICC) [official website; JURIST backgrounder] on Friday denied a request by former Ivory Coast president and alleged war criminal Laurent Gbagbo [BBC profile; JURIST news archive] to leave the Netherlands for medical recovery while he awaits trial. Gbagbo had asked the court for allowance to leave [Reuters report] the Netherlands while he recovers from alleged maltreatment received while detained by national authorities in the Ivory Coast before being surrendered to the ICC [JURIST report] in November. Gbagbo is charged [ICC arrest warrant, PDF] with crimes against humanity on four counts including murder, persecution, inhumane acts and rape and other forms of sexual violence allegedly committed during the 2010 post-election violence in which Gbagbo lost but refused to cede power. Gbagbo's rival President Alassane Ouattara [BBC profile; JURIST news archive] was declared the winner of the 2010 election and is now president. The ICC denied Gbagbo's leave request on determination that he posed a flight risk.

The violence that followed the 2010 election claimed approximately 3,000 lives. In August the ICC dismissed a jurisdiction challenge [JURIST report] by Gbagbo, ruling that the court has the authority to hear the case. Also that month ICC Pre-Trial Chamber I again postponed Gbagbo's confirmation of charges hearing [JURIST report] in order to determine if the former president remains fit to stand trial. Three medical evaluations of Gbagbo fitness were submitted on July 19, around three weeks after the Chamber appointed three medical experts following a defense request. The court first postponed Gbagbo's confirmation of charges hearing in June, after his lawyers asked the court more time to prepare [JURIST reports], complaining that they did not have enough resources to build their case in the amount of time given. Gbagbo's original hearing date was set [JURIST report] in December during his pre-trial hearing in ICC Pre-Trial Chamber III.




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