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Legal news from Thursday, November 15, 2012 |
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Holder announces record $4.5 billion settlement with BP over Gulf oil spill
Brandon Gatto on November 15, 2012 4:10 PM ET

[JURIST] US Attorney General Eric Holder [official website] announced [press release] Thursday that British Petroleum (BP) [corporate website] has agreed to pay a record $4.5 billion in penalties and to plead guilty [plea agreement, PDF] to felony misconduct for its role in the devastation caused by the 2010 Deepwater Horizon oil spill [BBC backgrounder; JURIST news archive]. Holder emphasized [statement] that the settlement includes a roughly $1.25 billion criminal fine, and also announced that two BP supervisors aboard the Deepwater Horizon during the spill have been charged with 23 criminal counts, including manslaughter as a result of the 11 workers killed aboard the rig during the April 2010 explosion. As part of the agreement, BP has agreed [press release] to plead guilty to 11 of the felonies related to the workers' deaths, a charge of obstruction of Congress and two misdemeanors. The deal includes payment of about $2.4 billion to the National Fish and Wildlife Foundation, $350 million to the National Academy of Sciences and roughly $500 million to the Securities and Exchange Commission [official websites]. Holder went on to say that the criminal investigations of BP by the Department of Justice [official website] are still ongoing and that the current criminal settlement, which still needs to be approved by a federal judge, does not include the damages sought by the government under the Clean Water Act [text, PDF], the Migratory Bird Act [text] and other federal laws.
Last week the US District Court for the Eastern District of Louisiana [official website] heard arguments [JURIST report] regarding approval of a class-action settlement agreement between BP and various individuals and businesses affected by the Deepwater Horizon incident. There, attorneys on both sides urged Judge Carl Barbier to approve the settlement agreement, under which BP is expected to pay approximately $7.8 billion. It has been argued that the settlement is a step in the right direction [JURIST op-ed] for compensating those affected by the oil spill. In May Barbier signed a case management order [JURIST report] outlining the structure for the upcoming trial of Gulf oil spill claims, scheduled for January 14, 2013. The judge divided the trial into two phases. In phase one, or the "incident" phase, the court will address issues arising out of the various parties' conduct leading to the incident and appropriation of their negligence. Barbier gave preliminary approval [JURIST report] to the proposed settlement agreement earlier that month. In April BP and a group of plaintiffs' attorneys sought Barbier's preliminary approval on the settlement, which they had reached [JURIST reports] in March.


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Germany to increase Nazi victim compensation
Rebecca DiLeonardo on November 15, 2012 12:33 PM ET

[JURIST] The German Finance Ministry [official website, in German] on Thursday gave final approval to amendments to the Luxembourg Agreement [text, PDF, in German] that will increase compensation to surviving victims [press release, in German] of the Nazi regime. German Finance Minister Wolfgang Schaeuble signed the amended agreement at a ceremony in the Jewish Museum in Berlin. The amendments were initially approved by the Finance ministry in July after concluding negotiations with the Jewish Claims Conference (JCC) [official website]. The new compensation agreement expanded the number of victims eligible for compensation, offering one-time payments to some victims who were able to escape their home countries before Nazi occupation. It also expands monthly compensation for current beneficiaries of the agreement. The Finance Ministry meets with the JCC each year to discuss the Luxembourg Agreement.
Countries around the world have continued to prosecute suspected Nazis. Police in Slovakia announced in September that they had launched an investigation [JURIST report] of 97-year-old Laszlo Csatary, who is suspected of war crimes in connection with the Holocaust. 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. Csatary was at the top of the Simon Wiesenthal Center's (SWC) list of most wanted Nazi war criminals [BBC backgrounder], and the SWC had already called on the Hungarian government to prosecute the Nazi war criminal [JURIST report] when the center issued its annual report in April. In January the Ingolstadt Prosecutor's Office 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. Germany reopened investigations into former Nazi death camp guards in October 2011, 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.


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Ireland deputy PM pledges to clarify abortion laws following death
Daniel Mullen on November 15, 2012 11:28 AM ET

[JURIST] Ireland's Deputy Prime Minister Eamon Gilmore [official website] pledged [official statement] Thursday to bring "legal clarity" to Ireland's abortion laws following the death of Savita Halappanavar [BBC report], a 31-year-old dentist who was denied a potentially life saving abortion. Ireland, a traditionally Catholic nation, has some of the most restrictive [NYT report] abortion laws in Europe. The Irish Constitution [text] recognizes a right to life for the unborn as fundamental from the moment of conception and only permits abortions when a pregnancy jeopardizes the mother's own right to life. The subjective nature of the standard has caused confusion for many doctors and patients, and many hospitals have adopted very conservative policies in an effort to not run afoul of the law. According to Gilmore, Ireland needs to "provide clarity for medical professionals who must make judgment calls on these matters in the real-life situation of a hospital, and must hear the concerns they have about making a decision that may expose them to action if some person disagrees with it." Ireland's Health Service Executive (HSE) [official website] released a statement [text] on Wednesday extending its sympathies to Halappanavar's family and confirming a review of her death by the National Incident Management Team (NIMT) was forthcoming.
The death of Halappanavar is the latest controversy surrounding Ireland's abortion laws, and abortion remains a highly divisive [NYT report] issue in Ireland. On Tuesday, the Irish Department of Health received an expert group report [Irish Examiner report] on how Ireland should deal with its abortion laws. The report was commissioned after a 2010 ruling [JURIST report] by the European Court of Human Rights [official website], which stated that Ireland failed to provide "effective and adequate procedures" to allow women to exercise their right to a lawful abortion and that the country's legal situation [BBC backgrounder] constituted a "chilling factor" for both women and doctors. The ruling came after a woman suffered complications when she had to travel from the Irish Republic to the UK in 2005 to seek an abortion.


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Pennsylvania judges challenge mandatory retirement
Julie Deisher on November 15, 2012 10:38 AM ET

[JURIST] Six Pennsylvania judges filed suit [complaint, PDF] challenging a section of the state constitution [text] which requires all justices and judges of Pennsylvania to retire at the end of the calendar year in which they reach the age of 70. The plaintiffs argue that this requirement is in violation of the equal protection and due process clauses of the Fourteenth Amendment [text]. In the complaint, the plaintiffs explained:The mandatory retirement provision (i) is not rationally related to furthering a legitimate state interest, (ii) does not further an important government interest in a way that is substantially related to that interest, and/or (iii) is not narrowly tailored and/or the least restrictive means to furthering a compelling government interest. The mandatory retirement provision of the Pennsylvania Constitution discriminates against persons aged seventy and older, and thus violates Plaintiff's equal protection rights under the Fourteenth Amendment to the United States Constitution. The complaint asks the court to find the constitutional provision unenforceable and to restore the position of Pennsylvania Senior Judge Benjamin Lerner.
The US Supreme Court has previously considered the merits of a challenge to mandatory retirement provisions of a state constitution. In Gregory v. Ashcroft [opinion], Missouri state court judges challenged a mandatory retirement provision in the state constitution, but the Supreme Court held that the provision did not violate equal protection. Mandatory retirement laws have been considered in European courts of law as well. Earlier this month the European Court of Justice (ECJ) [official site] struck down [JURIST report] a law which would have lowered the mandatory retirement age for judges in Hungary from 70 to 62, stating the law was not proportionate to the objectives Hungary was pursing. In 2009 the ECJ ruled that the UK's mandatory retirement laws were not discriminatory [JURIST report], stating age-based classifications are justifiable in some circumstances. The ECJ also ruled in 2007 that the EU's mandatory retirement policies [JURIST report] did not violate the prohibition against age discrimination if the policy is intended to further the legitimate public interest of increasing employment and the retirees are provided with full pensions.


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UN SG urges nations to enforce ICC decisions
Max Slater on November 15, 2012 10:03 AM ET

[JURIST] UN Secretary-General Ban Ki-moon [official website] on Wednesday urged [statement] nations around the globe to carry out the rulings made by the International Criminal Court (ICC) [official website; JURIST backgrounder]. Speaking before 500 high-level officials at a ceremony for the tenth anniversary of the ICC, Ban praised the court for bringing perpetrators of human rights abuses to justice. However, Ban also emphasized that for the ICC to be effective, governments need to cooperate with the court to make sure its decisions are carried out:As we celebrate the Court's significant accomplishments, we must also acknowledge that there are still many forces that seek to undermine the edifice we have all striven so hard to create. ... This is why it is important to ensure that governments are committed to doing what it takes to enable the Court to carry out its workfrom capturing and transferring to the Court those who are the subject of arrest warrants to supporting the Court's proceedings by making information and evidence available to the Prosecutor, the Defence and the legal representatives of victims. The ICC is currently investigating conflicts in seven nations [UN News Centre report]: Central African Republic, Ivory Coast, the Darfur region of western Sudan, the Democratic Republic of the Congo (DRC), Kenya, Libya and Uganda.
Earlier this week Human Rights Watch [advocacy website] urged the ICC [JURIST report] to increase its efforts to bring war criminals to justice. The ICC recorded its first conviction in March 2012 in a case that not only sent Congolese militia leader Thomas Lubanga Dyilo [JURIST report] to prison for his use of child soldiers, but also helped the court establish its guiding principles for providing reparations to victims. However, to the dismay of many, individuals such as Joseph Kony [JURIST news archive] of Uganda's Lord's Resistance Army and Congolese rebel leader Bosco Ntaganda [JURIST report] remain at large.


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UN finds it failed to meet responsibilities after Sri Lanka war
Jaimie Cremeans on November 15, 2012 9:36 AM ET

[JURIST] A UN internal review panel (IRP) released a report [text, PDF; press release] on Wednesday stating that the UN failed to meet its responsibilities at the end of and in the aftermath of the Sri Lanka war which ended in 2009. The report raises many concerns regarding the UN's response to certain situations, including failure to meet the needs of civilians toward the end of the war. The report has been made public despite its criticism of the UN due to a desire for transparency by Secretary-General Ban Ki-moon [official website], who originally created the IRP. Ban said the UN is committed to improvement and learning from the report:Our obligation to all humanity is to overcome our setbacks, learn from our mistakes, strengthen our responses, and act meaningfully and effectively for the future. These principles and objectives drove me to establish the Panel and they will guide us as we take forward its outcomes. The UN still faces challenges in Sri Lanka, as approximately 20,000 people have been killed since protests against the country's president began less than two years ago.
Despite the UN's admitted failed responses, the UN has urged Sri Lanka to improve its response to alleged war crimes since the end of the war. In July the country said it may take up to five years [JURIST report] to prosecute people accused of war crimes. In March the UN adopted a resolution [JURIST report], which was rejected by Syria, threatening retribution if the country did not domestically investigate and cooperate with UN investigations of war crimes committed. The same day that Sri Lanka rejected the resolution, the UN urged the country to investigate its war crimes despite a Sri Lanka commission's release of a report last year that military officials did not intentionally target civilians [JURIST reports].


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HRW: Colombia women facing obstacles to health care, legal remedies
Jaimie Cremeans on November 15, 2012 8:08 AM ET

[JURIST] Women displaced by conflict in Colombia are facing rape and domestic violence as well as obstacles in obtaining health care, protection and legal remedies, Human Rights Watch (HRW) [advocacy website] said in a report [text, PDF; press release] released Wednesday. The report states that the four million women who have been forced out of their homes due to armed conflicts in the country are not adequately protected by Colombia laws and law enforcement. It claims that 37 percent of women in the country reported domestic violence in 2010, but for women who have been displaced the figure is higher, possibly up to 50 percent. HRW points out that even though the Colombian government has made progress in recent years enacting legislation to protect violence against women, the legal framework is often "not properly applied" and women are not receiving medical help or legal justice. HRW recommended that the president and legislative bodies of the country continue to implement laws aimed at providing more protections for women, and that agencies expand training and oversight of application of these laws and establish clear-cut "zero tolerance" policies to increase effectiveness of the legislation.
Human rights groups have urged Colombia to improve numerous human rights situations in the country over the past few years, including putting an end to the country's internal conflict. Last month, the UN urged the country to reconsider proposed constitutional amendments [JURIST report] that would make it more difficult to administer justice for alleged human rights abuse victims. In February, the UN also documented numerous sexual violence cases [JURIST report] arising from the country's conflicts. Last year, the UN called for Colombia to end the violence following an announcement by the Revolutionary Armed Forces of Colombia [GlobalSecurity backgrounder] that it would release several hostages, believing that this action may be a sign that peace was within reach.


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