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Legal news from Tuesday, November 20, 2012




UN concerned over human rights violations in eastern DRC
Cynthia Miley on November 20, 2012 2:51 PM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] expressed concern [press release] Tuesday for the civilians in eastern Democratic Republic of the Congo (DRC) [BBC backgrounder; JURIST news archive] who are caught in continued fighting between the Armed Forces of the Democratic Republic of Congo (FARDC) and the 23 March Movement (M23). Pillay stated that M23, advancing through the DRC, has recently committed many human rights violations, including wounding and abducting civilians, looting and destroying property and threatening journalists. Pillay also expressed concern about looting and the destruction of property by the FARDC and urged that all parties take precautions [press release] to protect civilians. The fighting has also harmed humanitarian aid efforts to 60,000 displaced persons in the region. Estimates place the number of DRC refugees in neighboring countries at 463,000 and 2.4 million internally displaced persons in the DRC itself.

The violence and unrest in the eastern part of the DRC has been a focus of the international community. In an emergency meeting on Saturday, the UN Security Council [official website] condemned [JURIST report] a series of guerrilla attacks by M23 rebel group in the DRC. The condemnation followed a recent attack by the group in the eastern region of the DRC as they tried to advance to Goma. Last week, a UN rights body released a report [JURIST report] that confirmed the arbitrary executions of at least 264 civilians. Last month Ugandan officials denied [JURIST report] UN Security Council allegations that Uganda had helped assisting M23 rebels with troops and supplies in the DRC. Similarly in August, the International Criminal Court (ICC) [official website] received requests [JURIST report] to investigate Rwandan President Paul Kagame [official profile] for allegedly backing armed rebels in the DRC. In the same month, the UN Security Council reiterated their condemnation [JURIST report] of M23, demanding foreign entities cease aid to the rebel group.




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Four California men charged with terrorist plot
Blake Lynch on November 20, 2012 1:58 PM ET

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[JURIST] A spokesperson from the FBI (FBI) [official website] announced Monday that four Southern California men were charged [complaint, PDF; press release] with terrorism-related offenses and plotting to join al Qaeda. The criminal charges were brought in the US District Court for the Central District of California [official website] for "conspiring to provide material support and resources to terrorists." The allegations include "conspiracy to kidnap, maim or injure persons or damage property in a foreign country, killing and attempting to kill officers and employees of the United States, killing nationals of the United States, conspiracy to use a weapon of mass destruction outside the Unites States, and bombing places of public use and government facilities." The plot began in 2010 when alleged instigator Sohiel Omar Kabir introduced Ralph Deleon, Miguel Alejandro Santana Virdales, and Arifeen David Gojali to extremist Islam and "violent jihad." Confidential FBI sources were used to infiltrate the group and receive information regarding their plans. Kabir is alleged to have arranged meetings in Afghanistan with fellow jihadists, and the three men devised a series of plans to be executed in mid-November including meeting Kabir overseas. Kabir was arrested in Afghanistan. Santana, Gojali, and Deloen were taken into custody on Friday by authorities in cooperation with the Joint Terrorism Task Force [official website]. The investigation is ongoing, and if convicted the four could face up to 15 years in federal prison.

This is not the first case dealing with alleged al Qaeda operatives with strong US connections. In October the US District Court for the Western District of Washington sentenced Ahmed Ressam [JURIST report], an al Qaeda trained terrorist convicted of plotting to bomb Los Angeles International Airport on New Year's Eve 1999. Also in October an Iraqi court sentenced an American citizen to life in prison for funding terrorist activities in Iraq and aiding al Qaeda [JURIST report]. In June Wesam El-Hanafi pleaded guilty [JURIST report] before the US District Court for the Southern District of New York of providing material support to al Qaeda. In 2008 Jaber Elbaneh, a Yemeni-American, was charged for alleged participation in acts of international terrorism including involvement with al Qaeda [JURIST report].




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Retrial ordered for Kosovo politician accused of war crimes
Cynthia Miley on November 20, 2012 1:51 PM ET

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[JURIST] The Kosovo Supreme Court on Tuesday ordered a retrial [press release] against Kosovo politician and parliamentarian Fatmir Limaj [JURIST news archive] and three other co-defendants on charges of war crimes allegedly committed during the 1998-99 Kosovo war with Serbia [BBC backgrounder; JURIST news archive]. Limaj allegedly ordered the torture and killings of Serbian detainees in 1999. The Supreme Court panel consisted of three European Union Rule of Law Mission in Kosovo (EULEX) [official website] judges and two local judges and was presided by a EULEX judge. Limaj was originally tried in 2011 and was acquitted [JURIST reports] in May. Much of the prosecution's case relied upon the testimony of a former member of the Kosovo Liberation Army (KLA), who was found hanged in September in an apparent suicide. The panel ruled that the former KLA member's testimony would be admissible on retrial.

EULEX has been investigating war crimes [JURIST report] since December 2008. An influential figure in the ruling Democratic Party of Kosovo [official website, in Albanian], Limaj was excluded from a cabinet position following international pressure not to include corrupt officials but was elected into the Kosovo parliament. Limaj is an ex-member of the KLA and is viewed as a liberator by many ethnic Albanians. In 2005, Limaj was acquitted of similar charges by a war crimes tribunal in The Hague because of insufficient evidence. An EU judge in September 2011 placed Limaj under house arrest after EULEX charged 10 former members of the KLA [JURIST reports], including Limaj, with war crimes for their actions during the 1998-1999 war in Kosovo.




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Children being detained, tortured in Egypt: HRW
Sung Un Kim on November 20, 2012 1:48 PM ET

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[JURIST] Children participating in protests during the Egyptian Revolution [JURIST backgrounder] have been subject to police detention and torture, according to a recent finding [press release] released by Human Rights Watch (HRW) [advocacy website] Tuesday. The findings were based on numerous interviews of detained children, their families and lawyers. HRW condemned the situation in Egypt for violating national and international laws that require children to be separated from adults during different stages of legal proceedings. It was discovered that most of the arrested children were detained alongside adults and were subject to trials in adult courts rather than the juvenile justice system. HRW says officials also have failed to respect families' right to visit and have given incorrect information about the children's location. Children were reportedly questioned before they were appointed counsel, violating numerous national and international laws. The report claims that 20 percent of all arrested person during five protests were children under age of 18. HRW also noted that although Egyptian President Mohammed Morsi [BBC profile; JURIST news archive] issued a decree [JURIST report] last month which would end the prosecution of children, it only extended to those arrested before the end of June, excluding children who were arrested during the September protests. HRW says that at least 136 children were arrested during those protests.

There have been several controversial trials since the end of the Egyptian revolution. At the end of September Egyptian Defence Minister General Abdel-Fattah El-Sisi ordered a reduced sentence [JURIST report] for a group of military officers who took part in opposition protests in April 2011. There were 22 officers, known as the April 8 Officers, arrested for their participation in protests in support of the revolution and against the Supreme Council of the Armed Forces (SCAF) [Al Jazeera archive] and against retired Field Marshal Hussein Tantawi Soliman. Also in September, an Egyptian court upheld the death sentences for 14 Islamists while another court sentenced [JURIST reports] former prime minister Ahmed Nazif to three years for corruption. In August the former secretary for Mubarak's political party, Safwat El-Sherif, was referred to a criminal court [JURIST report] on corruption charges. He was accused of having abused his office by obtaining real estate at discounted prices and illegally obtaining $49.2 million.




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UN rights chief urges Israel to avoid civilian targets
Samuel Franklin on November 20, 2012 12:35 PM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] on Tuesday pressured [press release] Israel to avoid strikes on civilian structures in Gaza [JURIST news archive]. Pillay expressed acute concern over the surge in the number of Palestinian civilians killed and injured over the past 48 hours as a result of Israeli military action. As to whether any of these attacks constitute war crimes, the High Commissioner emphasized that it would depend on the specific circumstances, particularly a given party's effort to distinguish between combatants and civilians, precautions to avoid civilian casualties, and refraining from launching an attack when it is expected to cause excessive loss of civilian life in relation to the anticipated military advantage. In response [Reuters report] to the rising civilian death toll and the dozens of Gazan schools and religious sites damaged by the bombings, UNICEF [official website] said that children in Gaza were suffering from severe psycho-social distress that refrain them from sleeping, going out in public and engaging in social activities.

Last week Egyptian President Mohammed Morsi [BBC profile; JURIST news archive] announced that peace talks were progressing toward a ceasefire in the recent escalation of violence in Gaza and Southern Israel, and reports Tuesday indicated that an agreement is close at hand. The ceasefire discussions between Morsi, the Quatari emir, Turkish Prime Minister Tayyip Erdogan [official profile, in Turkish] and former Hamas leader Khaled Meshaal came a day after Pillay urged [JURIST report] a cessation of the continued indiscriminate attacks and targeting of civilians. In Israel, rocket fire from Gaza has resulted in three deaths as well as many counts of civilian injury and damage to civilian property. In August Amnesty International [advocacy website] called on Israel [JURIST report] to investigate its treatment of Palestinian detainees, alleging that two had been mistreated. In June the UN also urged Israel to end its blockade [JURIST report] of the Gaza Strip, alleging that it was violating international law.




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Pakistan court drops blasphemy charges against Christian girl
Sarah Posner on November 20, 2012 11:02 AM ET

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[JURIST] A Pakistani court on Tuesday ordered police to drop blasphemy charges against a 14-year-old girl, which had sparked international concern over the use of the country's controversial law. The girl was charged [Bloomberg report] under Pakistan's blasphemy law for allegedly burning pages for a Koran. She was released on bail in September after an Iman was charged for allegedly framing the young girl. The judge explained that no one had seen the girl burning the Koran. Pakistan passed a blasphemy law in 1987, which outlaws insulting either the Koran or the Prophet Muhammad. A violation of this law is punishable by imprisonment and even death. No one has been executed under this law so far. This case has sparked criticism both within Pakistan and around the world that the blasphemy law is being used to suppress Pakistan's Christian minority population.

Blasphemy laws [JURIST news archive] in Pakistan carry penalties [JURIST report] ranging from a fine to capital punishment. In August, Pakistani President Asif Ali Zardari said that the country's blasphemy laws would not be misused to persecute religious beliefs. Zardari's comments came after the young girl's arrest. Police said after the girl's arrest that she may have Down syndrome. Blasphemy laws are currently in effect in several countries around the world. In July the US Department of State released [JURIST report] its annual International Religious Freedom Report, documenting threats to religious freedom throughout the world. The report documents current international threats to religious freedom—particularly laws that punish religious traditions and blasphemy laws that are often used to punish religious tolerance.




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Former Croatia PM sentenced to 10 years for corruption
Sarah Posner on November 20, 2012 10:23 AM ET

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[JURIST] A Croatian court sentenced former prime minister Ivo Sanader [JURIST news archive] to 10 years in prison on Tuesday for corruption and war profiteering. Judge Ivan Turudic found Sanader guilty [AFP report] beyond a reasonable doubt and also ordered the former PM to pay a fine of €611,000 to Croatia. Sanader was charged with taking €10 million (USD $12.7 million) in bribes from the Hungarian energy company, MOL [corporate website], and for profiting from Croatia's war against the Serbs from 1991-1995. During the time these allegations took place, Sanader was serving as the deputy foreign minister for Croatia. Prosecutes sought the maximum 15-year sentence for the charges against Sanader, who denied all the allegations against him, criticizing charges as politically motivated. This judgment makes Sanader the highest ranking official to be convicted of corruption charges since the country gained independence in 1991.

In September, Croatian prosecutors announced that they charged Sanader [JURIST report] with embezzlement relating to a real estate deal that took place during his time in office. Sanader was accused of using government funds to purchase a building in the capital city of Zagreb at an inflated price and stealing the surplus. Sanader and three associates, including former Farming Minister Petar Cobankovic, allegedly embezzled the funds in excess of the state-owned building's market value, with Sanader himself pocketing approximately €2.3 million (USD $2.8 million). Croatia is close to achieving membership in the EU, and Kosor hopes Sanader's trial will help ease pressure from Brussels for Croatia to sort out corruption and speed investigations. Sanader's trial is the first criminal proceeding prompted by EU pressure for Croatia to crack down on corruption. The trial was postponed [JURIST report] in October 2011 for health reasons. Sanader pleaded not guilty [JURIST report] last November.




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Russia activists to appeal NGO law to Europe rights court
Sarah Paulsworth on November 20, 2012 10:05 AM ET

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[JURIST] Russia's new NGO law [materials, in Russian] went into effect on Tuesday, and activists have vowed to challenge it. The law requires Russian NGOs financed from abroad and involved in political activity to be registered as foreign agents [RAPSI report]. Some activists are already in the process of appealing [Reuters report] to the European Court of Human Rights (ECHR) [official website] over the law. According to Mikhail Fedotov, the head of Russian Presidential Council for Human Rights [official website, in Russian], the law contains errors [RT report] and must be amended. The new law entails fines of over USD $15,000 for organizations that fail to comply with the law. The word "foreign agent" in Russia is nearly synonymous with the word "spy" and many observers believe the law is intended to discredit [RIA Novosti report] the work that NGOs do in Russia. To date not a single NGO in Russia has registered as a "foreign agent."

In August, Executive Director of Greenpeace International Kumi Naidoo called on Russian President Vladimir Putin to refrain from implementing [JURIST report] the new law. Greenpeace International is not alone in its views of Russia's new "foreign agents" law. In July the US State Department [official website] claimed [Reuters report] it had "deep concern" about the new bill, but was likewise reminded by Moscow that such an issue involves domestic rather than international policy. Russia's Federal Council [official website], the upper house of parliament, approved the bill [JURIST report] in July much to the dismay of Putin's critics, who consider the bill an effort to curb free speech [RFE/RL report] and the right to assemble. Additionally, UN High Commissioner for Human Rights Navi Pillay [official profile] has stated [Reuters report] that Putin's recent regime is regressing into a more restrictive, Soviet-style type of government where freedoms are not recognized. The legislation was approved [JURIST report] by the State Duma [official website, in Russian], the lower house of parliament, only a few days prior. Three UN experts urged Russia to reject the bill [JURIST report] prior to its passage.




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Senior UN official calls for multi-dimensional approach to fighting maritime piracy
Sarah Paulsworth on November 20, 2012 9:20 AM ET

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[JURIST] UN Deputy Secretary-General Jan Eliasson [official profile] on Monday stressed the need to address the causes of maritime piracy [statement] with a "multi-dimensional approach" [press release]. Addressing the UN Security Council, Eliasson noted three areas of concern that warrant immediate action: 1) better coordination, information-sharing and trust-building among countries and agencies involved in counter-piracy operations; 2) stronger capacity to prosecute piracy cases and imprison those convicted in accordance with international human rights standards; and 3) the establishment of a framework governing the use of privately contracted armed security personnel on board vessels. According to the International Maritime Organization [official website], there were 291 attacks against ships in the first 10 months of 2012, and pirates are still holding 293 seafarers hostage. This marks the first time the UN Security Council has debated the issue of maritime piracy.

Last month the Hanseatic Higher Regional Court of Hamburg issued sentences [JURIST report] for 10 Somalis who were involved in the hijacking the German freighter MS Taipan off the coast of Somalia two years ago. Also in October an appeals court in Kenya concluded that Kenyan courts have jurisdiction [JURIST report] to try international piracy suspects. In July the International Chamber of Commerce International Maritime Bureau (IMB) [official website] reported that the number of global pirate attacks fell sharply [JURIST report] in the first half of 2012, the IMB Piracy Reporting Centre [official website] having received reports [materials] of 177 incidents in the first six months of this year, compared to 266 incidents for the same period in 2011. In May a United Arab Emirates court sentenced 10 Somali pirates [JURIST report] to 25 years in prison. Also that month six accused Somali pirates went on trial [JURIST report] in a Paris court in connection with the 2008 hijacking of the cruise ship Le Ponant in the Gulf of Aden.The US government in March handed over [JURIST report] 15 suspected Somali pirates it captured in January to the Republic of Seychelles for prosecution. Last year the UN Security Council adopted a resolution encouraging states to criminalize and punish piracy after maritime piracy hit an all time high [JURIST report] in 2010. The UN has also donated $9.3 million to fund piracy courts [JURIST report] in Kenya and the Seychelles, the only two nations with such unique judicial bodies.




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