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Legal news from Tuesday, January 22, 2013 |
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Philippines takes South China Sea dispute to UN tribunal
Peter Snyder on January 22, 2013 11:19 AM ET

[JURIST] The Philippines on Tuesday notified China that it is seeking international arbitration [press release] to declare Chinese claims to the majority of the South China Sea illegal and invalid. Philippines Foreign Secretary Albert del Rosario [official website] stated in a press conference the country's intent to bring China before an Arbitral Tribunal under Article 287 and Annex VII of the 1982 UN Convention on the Law of the Sea (UNCLOS) [text]. In his statement, Rosario noted:The Philippines has exhausted almost all political and diplomatic avenues for a peaceful negotiated settlement of its maritime dispute with China. On numerous occasions, dating back to 1995, the Philippines has been exchanging views with China to peacefully settle these disputes. To this day, a solution is still elusive. We hope that the Arbitral Proceedings shall bring this dispute to a durable solution. The Philippines hopes arbitration will bring China in line with UNCLOS, as well as force it to desist from hostile activities that violate the rights of the Philippines to have sovereignty in their own territorial domains. The Notification and Statement of Claims [text, PDF] filed by the Philippines notes Chinese escalation in interference with Philippines maritime rights. It cites China's July decision [NYT report] to place the entire disputed maritime region under the authority of the Chinese province of Hainan and its passage of a law requiring foreign vessels to obtain Chinese permission before entering the disputed region.
China claims nearly the entire 3.5 million square-kilometer South China Sea, a region believed to be rich in oil and minerals. China has come into territorial conflict over the region in the past not only with the Philippines [JURIST comment], but also with Vietnam, Malaysia, Brunei and Taiwan. The Philippines and China were involved in a two month stand-off [Al Jazeera report] that started last April around the Scarborough Shoal, a small cluster of uninhabitable islands 220km off the coast of the Philippines which, according to international maritime law, fall into the Philippines' economic zone. The standoff was triggered when Chinese vessels blocked the Philippine navy from arresting Chinese fishermen for alleged illegal fishing activities within the Philippines' exclusive economic zones.


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UN report details abuse, torture of Afghanistan detainees
Dan Taglioli on January 22, 2013 11:11 AM ET

[JURIST] Prisoners in some Afghan-run detention facilities are still being beaten and tortured, according to an annual report [text, PDF] released Sunday by the UN Assistance Mission in Afghanistan (UNAMA) [official website]. UNAMA interviewed 635 conflict-related detainees in detention facilities across Afghanistan, finding that more than half of those interviewed had experienced maltreatment and torture [UN News Centre report]. Fourteen different methods of torture were described, including prolonged and severe beatings with cables, pipes, hoses or wooden sticks, and suspension from the ceiling by the wrists or from chains attached to the wall so that the victim's toes barely touch the ground or he is completely suspended in the air for lengthy periods. Detainees were also threatened with sexual violence or execution. Where torture occurred, it generally took the form of abusive interrogation techniques by Afghan officials seeking information or a confession:UNAMA found sufficiently credible and reliable evidence that more than half of 635 detainees interviewed (326 detainees) experienced torture and ill-treatment in numerous facilities of the Afghan National Police (ANP), National Directorate of Security (NDS), Afghan National Army (ANA) and Afghan Local Police (ALP) between October 2011 and October 2012. This finding is similar to UNAMA's findings for October 2010-11 which determined that almost half of the detainees interviewed who had been held in NDS facilities and one third of detainees interviewed who had been held in ANP facilities experienced torture or ill-treatment at the hands of ANP or NDS officials. UNAMA also noted that while both the NDS and the Ministry of Interior have stated that they investigated allegations of ill-treatment, it is unclear whether any of these internal probes resulted in the prosecution or loss of jobs of Afghan officials for involvement in torturing detainees or for having failed to prevent torture.
UNAMA released the first report on detainee torture [JURIST report] in October 2011, detailing findings similar to those in the report released this week. Last month UNAMA released another report detailing the implementation of the Law of Elimination of Violence against Women (EVAW law) [text, PDF] enacted in August 2009, finding that women in Afghanistan still face abuse [JURIST report] at the hands of men despite progress in the implementation of a law to protect women's rights. In November Human Rights Watch [advocacy website] urged the Afghan government to institute a moratorium on further executions [JURIST report] after eight men were hanged, marking an end of Afghanistan's four-year virtual moratorium on the death penalty.


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Sri Lanka lawmakers approve bill expanding police power
Samuel Franklin on January 22, 2013 10:42 AM ET

[JURIST] The Sri Lankan Parliament [official website] on Tuesday voted 110-33 [press release] in favor of legislation extending the detention time for suspects arrested by police from 24 to 48 hours. Under the newly-amended law, titled, "Code of Criminal Procedure (Special Provisions) Bill," police may detain and question a person who has been arrested without a warrant for 48 hours [Colombo Page report] before producing the suspect in court. According to Cabinet Minister of Environment Anura Yapa, who also serves as a Member of Parliament, the legislation is meant to assist [AP report] in the fight against organized crime. However, many activists, including protesters demonstrating against the new law in the country's capital city of Colombo, see the extension of police power as a legalized means of suppressing dissident views amongst citizens.
The controversial new law comes on the heels of the impeachment and removal of Sri Lanka's Chief Justice Shirani Bandaranayake [JURIST news archive]. Last week Sri Lankan President Mahinda Rajapaksa [official profile] signed the order to remove Bandaranayake from office after the parliament voted in an overwhelming majority favoring impeachment [JURIST reports]. Bandaranayake had been found guilty of three charges [JURIST report] of misconduct, including conflict of interest, failure to declare assets in official reports and bias in handling a case against her husband. Described by the UN [JURIST report] as a "calamitous setback for the rule of law in Sri Lanka," political shakeups throughout the country have proven to be a source of domestic and international criticism.


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Charles Taylor begins appeal of war crimes convictions
Dan Taglioli on January 22, 2013 10:18 AM ET

[JURIST] Former Liberian president Charles Taylor [BBC profile; JURIST news archive] on Tuesday began his appeal in The Hague against his conviction and 50-year sentence for war crimes committed during the civil war in Sierra Leone [JURIST news archive]. Taylor's 42-point appeal [AFP report] states that the the UN-backed Special Court for Sierra Leone (SCSL) [official website] made "systematic errors" in evaluating evidence and relied on hearsay testimony of the 94 prosecution witnesses as the basis for its fact-finding. The former leader was sentenced to 50 years in prison in May after he was convicted [JURIST reports] of war crimes a month earlier. He was accused of planning as well as aiding and abetting crimes committed by rebel forces in exchange for diamonds during the civil war, including acts of terrorism, murder, rape, sexual slavery, conscripting or enlisting children into armed forces, enslavement and pillage. Specifically Taylor was convicted of 11 counts for arming Sierra Leone's rebels in return for "blood diamonds" during the war. On appeal the prosecution is asking the court to overturn Taylor's acquittal on charges that he actively issued orders to the rebels, and increase Taylor's sentence [BBC report] to 80 years. At the original sentencing hearing Taylor claimed [JURIST report] he had "sadness and deepest sympathy for the atrocities and crimes suffered in Sierra Leone" but that he was not responsible for actions taken by rebel forces during the decade-long civil war that claimed 120,000 lives.
In October JURIST Columnist Charles Jalloh [university profile] of the University of Pittsburgh School of Law examined allegations [JURIST op-ed] made by Alternate Judge El Hadji Malick Sow at the end of Charles Taylor's trial, arguing for the establishment of an independent fact-finding commission to promote transparency and public confidence in the SCSL. In June Kenneth Gallant of the University of Arkansas at Little Rock William H. Bowen School of Law wrote that Taylor's sentencing should have included the provision of reparations for his victims [JURIST op-ed] and that the prosecution ought to raise that issue on appeal. In February Taylor's lawyers asked that the SCSL reopen the case [JURIST report] in light of new evidence, including a report by the UN Panel of Experts on Liberia. His lawyers claimed that the new evidence demonstrated that Taylor was not instrumental in the war crimes committed by rebel forces, but the court declined to reopen the case. The SCSL heard closing arguments [JURIST report] in March 2011. Taylor denied all the charges [JURIST report] against him. His defense lawyers opened their case [JURIST report] in July 2009 and have claimed that he could not have commanded rebel forces in Sierra Leone while acting as the president of Liberia.


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