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Legal news from Friday, November 23, 2012




Stronger protection for witnesses of 2009 Philippines massacre is necessary: AI
Samuel Franklin on November 23, 2012 3:28 PM ET

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[JURIST] Amnesty International (AI) [advocacy website] urged [press release] Philippine authorities on Friday to put a stop to the killings of Maguindanao massacre witnesses and their families. Marking the third anniversary of the infamous mass murder of journalists, AI's Deputy Asia-Pacific Director Polly Truscott remarked that as witnesses and the families of victims have become engulfed by a long and tenuous legal battle, "some are also living with the very real threat of death." According to Philippine police reports, three relatives of witnesses were killed this year alone. Additionally, a number of different witnesses who have come forward announcing their willingness to testify in court have been killed over the course of the last three years. The violence that continues throughout the Philippines stems from the November 2009 killing of 57 people, including 32 journalists, by an armed group of Andal Ampatuan loyalists [CSM backgrounder] who overtook a campaign envoy affiliated with Ampatuan's political rival Esmael Mangudadatu.

Litigation surrounding the Maguindanao massacre has been a source of contentious debate. Earlier this month, the Philippines high court had overturned [JURIST report] their year-old decision to allow for a live broadcast of the trial, a rescission that was opposed by Philippines President Benigno S. Aquino III on the grounds that it could impede the transparency of the trial. In June 2011, the court also decided [JURIST report] to freeze $23 million in assets belonging to massacre suspects. According to the Committee to Protect Journalists (CPJ) [official website], the Maguindanao massacre is the single deadliest event for the press [CPJ report] since the CPJ began keeping records of journalists deaths in 1992. In the last twenty years, at least 72 journalists have been killed for their work in the Philippines, making it the second deadliest country in the world for journalists behind Iraq.




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Argentina to appeal US federal appeals court order to pay $1.33 billion to investors
Peter Snyder on November 23, 2012 2:52 PM ET

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[JURIST] The Economic and Finance Minister of Argentina [official website, in Spanish], Hernán Lorenzino [official bio, in Spanish], held a press conference [press release, PDF, in Spanish] on Thursday indicating Argentina's intent to appeal a US judge's ruling ordering it to pay $1.33 billion to bondholders. District Judge Thomas Griesa for the US District Court for the Southern District of New York [official website] in his decision stated that "Argentina must pay the debts it owes" [Bloomberg report]. Lorenzino, in response to the ruling, stated during the press conference that the ruling was unfair and that Argentina will seek any and all methods to protect the country's interest. In addition, Lorenzino indicated that Argentina will appeal the ruling to the US Supreme Court if necessary and is willing to resort to any international body available.

In October, the US Court of Appeals for the Second Circuit [official website] ruled [JURIST report] that Argentina must pay $1.33 billion to bondholders when it repays its debts stemming from an economic collapse in 2001. The Second Circuit affirmed a district court ruling that Argentina breached a promise when it prioritized paying holders of its restructured debt over the bondholders who held its defaulted debt. In August the Second Circuit rejected [JURIST report] Argentina's attempt to prevent bondholders from acquiring bank documents regarding the country's assets outside US territory, declaring that sovereign immunity was not an acceptable defense in this case. In September 2011 the US District Court for the Southern District of New York ruled [JURIST report] that Argentina had to comply with subpoenas requested by NML Capital Ltd. [corporate website], one of the bondholders of Argentina's debts, for the collection of five money judgments totaling about $1.6 billion.




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ICC charges wife of Ivory Coast's ex-president
Sarah Paulsworth on November 23, 2012 11:45 AM ET

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[JURIST] The International Criminal Court (ICC) [official website] on Thursday unsealed [ICC press release] an arrest warrant [text, PDF] for Simone Gbagbo, the wife of former Ivory Coast President Laurent Gbagbo [BBC profile; JURIST news archive]. Pursuant to the warrant, Simone Gbagbo is accused of committing crimes against humanity during Ivory Coast’s post-election crisis in 2010 - 2011. She is accused of planning and implementing a plan that involved murder, sexual violence, other inhumane acts and persecution in collaboration with her husband and other government officials. According to the arrest warrant:
Although not elected, Ms Gbagbo acted as an alter ego for her husband, exercising the power to make State decisions. Ms Gbagbo was also close to other members of Mr Gbagbo's inner circle who were involved in the implementation of the Common Plan. Moreover, at meetings or public gatherings during the post-election crisis, Ms Gbagbo expressed her support for the Common Plan, and instructed the pro-Gbagbo forces to commit crimes against individuals who posed a threat to her husband's power.
This is the first time [AP report] in the ICC's history that it has charged a female.

The violence that followed the 2010 election claimed approximately 3,000 lives. Gbagbo's rival President Alassane Ouattara [BBC profile; JURIST news archive] was declared the winner of the 2010 election and is now president. At the beginning of this month, Pre-Trial Chamber I of the ICC found Laurent Gbagbo fit to stand trial [JURIST report]. In October, the ICC denied Gbagbo's motion asking the court for allowance to leave [JURIST 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. The court denied Gbagbo's leave request upon a determination that he posed a flight risk. In August the ICC dismissed a jurisdiction challenge [JURIST report] by Gbagbo, ruling that the court has the authority to hear the case. 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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Egypt president vastly expands powers prompting protests
Sarah Paulsworth on November 23, 2012 10:14 AM ET

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[JURIST] Egypt's incumbent president Mohammed Morsi [BBC profile; JURIST news archive] issued a decree on Thursday vastly expanding his powers. Pursuant to the decree, Morsi's decisions are not subject to judicial review and he can reopen trials for officials from the government of deposed president Hosni Mubarak [BBC profile; JURIST news archive]. The decree also dismissed [Aljazeera report] Egypt's prosecutor general, Abdel Majid Mahmoud. On Friday protests [BBC report] broke out in Cairo and several other cities throughout the country as a result of the decree. In Tahrir Square, thousands of protesters chanted "Mursi is Mubarak... revolution everywhere." In Geneva, Rupert Colville, the spokesperson for U.N. Human Rights Commissioner Navi Pillay, said Morsi's decree raises serious human rights concerns [Reuters report].

At the end of October, Egyptian Prosecutor-General Abdel Maguid Mahmoud ordered an investigation [JURIST report] into allegations of forgery during the recent presidential elections. The order came after former Egyptian prime minister Ahmed Shafiq alleged that ballots were forged and votes were bought by Morsi. Shafiq is one of the many former politicians under Mubarak's regime who are facing corruption charges. 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. In July an Egyptian court rejected pleas to release [JURIST report] Mubarak's two sons while they await trial. Gamal and Alaa Mubarak, along with seven others, were charged [JURIST report] with stock market fraud and using unfair trading practices and illegally manipulating the market. In June Hosni Mubarak was sentenced to life [JURIST report] after an Egyptian court found him guilty of complicity to kill protesters during the Arab Spring protests [JURIST backgrounder]. During the protests that resulted in the overturning of Mubarak's 30-year regime, Mubarak ordered government officials to use gunfire and other violent measures to subdue protesters, causing more than 840 deaths [JURIST report]. Mubarak's trial ended [JURIST report] in February with the chief prosecutor asking the court in his closing remarks to issue a death sentence against the former ruler.




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