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Legal news from Friday, January 18, 2013 |
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UN report: Mali turmoil has led to human rights violations
Addison Morris on January 18, 2013 1:45 PM ET

[JURIST] The UN Office of the High Commissioner for Human Rights (OHCHR) [official website] released a November 2012 report [text, PDF, in French] on Friday, stating [press brief] the crisis in Mali [CIA backgrounder, JURIST news archive] has led to human rights violations including rape, summary executions, and extra-judicial killings. According to the report, violations also include stoning, amputation, the recruitment of child soldiers, and forced marriage and gang rape of girls as young as 12. The current situation, says spokesperson Rupert Colville, "is linked to long-standing and unresolved issues" taking place within the country. The OHCHR report called on "all parties to abide by international human rights and humanitarian law standards," asking for the "initiation of a reconciliation process to address current human rights challenges as well as long-standing unresolved issues," and urging the Malian army and its supporters "to take extreme care not to carry out further reprisals as and when they retake territory in the North."
Violence in Mali has drawn much international attention for potential human rights abuses. International Criminal Court (ICC) [official website] Chief Prosecutor Fatou Bensouda announced earlier this week that her office has officially launched an investigation [JURIST report] into possible war crimes committed in Mali. Last week the interim president declared a state of emergency [JURIST report]. The prime minister of Mali, Cheick Modibo Diarra, was forced to resign [JURIST report] in December on state television after junta soldiers arrested him for attempting to leave the country in light of the ongoing humanitarian crisis threatening the nation. In September, Human Rights Watch [advocacy website] reported that three armed Islamist groups in northern Mali are abusing the local population and recruiting child soldiers [JURIST report]. Earlier that month UN High Commissioner for Human Rights Navi Pillay [official profile] condemned [JURIST report] human rights violations in Mali and called for international action to address the problems. In August officials from the ICC were in Mali investigating [JURIST report] whether the same two Islamic groups had committed war crimes in Mali.


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Italy court rejects Berlusconi's request to suspend trial until after election
Alison Sacriponte on January 18, 2013 12:37 PM ET

[JURIST] Judges for the Second Court of Appeals of Milan [official website, in Italian] on Friday rejected a request by the lawyers of former Italian prime minister Silvio Berulsconi [BBC profiles, JURIST news archive] to suspend his appellate proceedings until after Italy's general elections in late February. Berlusconi was found guilty [judgement, PDF, in Italian] and sentenced [JURIST report] in October on charges of tax fraud for irregularities regarding the purchase of broadcasting rights by his private company Mediaset [corporate website, in Italian]. Berlusconi's lawyers proposed a suspension due to the fact that as a known political party chairman, Berlusconi is engaged with the campaign election. Judges stated the request was generic and the appeal process will not affect the campaign [Reuters report] nor present an impediment to his appearing in court. Berlusconi was sentenced to a one-year prison term, banned from political office and ordered to pay 10 million euro in damages. However, his sentence will not take effect [BBC news report] until all of his appeals are exhausted. Two other trials for additional charges are also pending for Berlusconi.
In addition to the tax fraud trial, the former prime minister, who stepped down last November, also faces charges of publicly releasing private wiretaps, embezzlement and paying for sex with an underage prostitute [JURIST reports]. In January 2011 the Italian Constitutional Court held hearings and subsequently struck down [JURIST reports] portions of an immunity law backed by Berlusconi granting public officials temporary amnesty from any charges while in office. Despite numerous trials, Berlusconi has never served prison time due to successful appeals or cases running past the statute of limitations.


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US military judge denies defense motions in 9/11, USS Cole trials
Benjamin Minegar on January 18, 2013 12:22 PM ET

[JURIST] The chief US military judge at Guantanamo Bay [JURIST backgrounder] on Thursday denied defense motions filed in both the 9/11 military commission trial and the 2000 USS Cole [Navy backgrounder] bombing trial. Defense counsel for accused 9/11 [JURIST backgrounder] conspirators, including Khalid Shaikh Mohammed [JURIST news archive], filed a motion requesting that the court find that the US constitution was "presumed to apply" in the proceedings, and that the prosecution must bear the burden of proving that any particular provision did not apply. Colonel James Pohl ruled [order, PDF] that the request presented a nonjusticiable issue because the Commission cannot rule on hypothetical legal questions that do not aver "real and substantial controversy admitting of specific relief" relating to actual historical fact. In a separate case, counsel for accused USS Cole bomber, Abd al-Rahim al-Nashiri [JURIST news archive] filed a motion to dismiss alleged violations of the Military Commissions Act [text, PDF] in August 2012 on grounds that the bombing occurred "prior to the commencement of hostilities" between the US and al Qaeda [JURIST news archive]. Pohl denied the motion [order, PDF] and found that US political branches have made determinations that such hostilities did exist prior to 9/11 and that these determinations are owed judicial deference to the extent that they present questions of law. However, the factual burden required to prove whether or not hostilities coincided with the USS Cole bombing is to remain with the prosecution. The prosecution is seeking the death penalty for all five accused 9/11 conspirators, and alleged USS Cole bomber, Abd al-Rahim al-Nashiri.
Controversy continues to surround Guantanamo military trials. Last month a federal judge affirmed the denial of a habeas petition [JURIST report] for a Guantanamo detainee. Earlier that month a US military judge upheld [JURIST report] a request to censor 9/11 conspirators' testimony. In September a judge for the US District Court for the District of Columbia rejected [JURIST report] new restrictions on lawyers representing Guantanamo Bay detainees who have had their habeas corpus challenges denied or dismissed. The Department of Defense announced in 2011 that it had sworn charges against the five men [JURIST report] accused in the 9/11 attacks. In April 2011 US Attorney General Eric Holder announced that Khalid Sheikh Mohammed and the four others would be tried by a military commission [JURIST report] after the Obama administration abandoned attempts to have the 9/11 suspects tried in civilian courts. Controversy has also surrounded the USS Cole trial. In October, al-Nashiri boycotted his pretrial hearing [JURIST report] at the Guantanamo Bay facility. In September Military Judge James Pohl ruled [JURIST report] that he did not have the authority to allow media to broadcast al-Nashiri's trial. In February Pohl ruled [JURIST report] in al-Nashiri's case that attorney-client mail that was inspected at Guantanamo Bay can not be released by the Pentagon. Days before that ruling defense lawyers in the case of another Guantanamo detainee filed a suit [JURIST report] challenging the order for officials to read all legal correspondence for suspected 9/11 conspirators.


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UN rights chief criticizes impeachment of Sri Lanka chief justice
Samuel Franklin on January 18, 2013 11:50 AM ET

[JURIST] A spokesperson for the UN High Commissioner for Human Rights Navi Pillay [official profile] expressed concern [press release] on Friday over the impeachment and removal of Sri Lanka's Chief Justice Shirani Bandaranayake [JURIST news archive]. In a statement, the official criticized the actions of the lawmakers against Bandaranayake, calling the situation a "gross interference in the independence of the judiciary and a calamitous setback for the rule of law in Sri Lanka." He also expressed concern about the legality of the removal of the chief justice after the Supreme Court ruled [JURIST report] that Parliament did not have the authority to impeach a chief justice. The statement also voiced doubts about the judicial independence of Bandaranayake's replacement [JURIST report], a former attorney general for the Sri Lankan government.
Sri Lankan President Mahinda Rajapaksa [official profile] signed the order to remove Bandaranayake from office on Sunday after the Sri Lankan parliament voted in an overwhelming majority to impeach the chief justice [JURIST reports] last week. Earlier this month, the UN expressed concern [JURIST report] over the chief justice's impeachment proceedings, saying they were "extremely politicized and characterized by lack of transparency, lack of clarity in the proceedings, as well as lack of respect for the fundamental guarantees of due process and fair trial." In December, Bandaranayake appealed a guilty verdict [JURIST reports] made against her earlier that month by a parliamentary committee on three charges of misconduct. The charges she was found guilty of dealt with conflict of interest, claiming of assets for tax assessment purposes and bias in handling a case against her husband.


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Bahrain court releases human rights activist on bail pending trial
Max Slater on January 18, 2013 10:22 AM ET

[JURIST] A court in Bahrain on Thursday released [AI press release] human rights activist Sayed Yousif Al-Muhafda [official Twitter] on bail pending trial for charges of spreading false news to harm security, according to Amnesty International (AI) [advocacy website]. Al-Muhafda, the acting deputy head of the Bahrain Center for Human Rights (BCHR) [advocacy website], was arrested in November [JURIST report] during an unauthorized protest. After being released without charge, Al-Muhafda was arrested again in December during a clash between protesters and the government in Manama, Bahrain's capital. In its press release, AI declared that Al-Muhafda was likely arrested because of his advocacy for human rights and proclaimed that he has freedom of expression rights under international law that Bahrain's government must not violate:The 1998 UN Declaration on Human Rights Defenders expressly reaffirms the right to freedom of expression guaranteed under the International Covenant on Civil and Political Rights (ICCPR), by which human rights defenders have the right to freely publish, impart or disseminate to others views, information and knowledge on all human rights and to draw public attention to their observance, both in law and in practice. Al-Muhafda is scheduled to appear in court on January 29 when witnesses are expected to testify.
Bahrain [JURIST news archive] has faced international scrutiny recently regarding its treatment of political prisoners. Last week the highest Bahraini appellate court upheld the convictions [JURIST report] of 13 prominent pro-democracy protestors convicted by military tribunal in 2011 on charges of plotting to overthrow the monarchy. In December Bahrain's High Criminal Court of Appeals commuted death sentences [JURIST report] for two protesters, instead sentencing them to life imprisonment. Earlier in December the prison sentence for outspoken Bahraini rights activist Nabeel Rajab was reduced by one year [JURIST report]. In November AI released a brief [JURIST report] detailing how Bahrain had failed to meet its obligations and promises to ensure respect for human rights and prevent further torture within the country. In October the Bahrain appeals court upheld verdicts against two teachers [JURIST report] for organizing a teacher's strike to support anti-government protests. Earlier in October the Bahrain Court of Cassation upheld jail sentences [JURIST report] issued to nine medics convicted for their involvement in Bahrain's pro-democracy uprising in February and March of 2011.


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