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

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

[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

[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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