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Legal news from Monday, December 5, 2005 |
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UN questioning in Hariri probe begins amid allegations of manipulation
Alexandria Samuel on December 5, 2005 4:09 PM ET

[JURIST] UN investigators began questioning five Syrian officials in Damascus Monday as part of their ongoing investigation of the assassination of former Lebanese premier Rafik al-Hariri [JURIST news archive]. Syrian President Bashar al-Assad agreed to the questioning in late November [JURIST report], with the hope that it would correct numerous alleged errors in the UN probe that led to a October interim report [text] suggesting the assassination could not have occurred without Syrian involvement. In recent weeks, Hosam Taher Hosam, a Syrian eyewitness interviewed by UN investigators, recanted his testimony [JURIST report] and alleged that he was bribed by Hariri's son to provide evidence to implicate Syrian involvement. A spokesman for Hariri called Hosam's claims "baseless", and Hariri's son has accused Syrian officials of attempting to manipulate the investigation [Reuters report]. Officials close to the investigation have not revealed the names of the Syrian officials, but multiple news reports indicate that the group includes Rustom Ghazale, former head of military intelligence in Lebanon, and two of his deputies, Jamee Jamee and Samih Kashami. Questioning is expected to end Thursday. AFP has more.


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Former Saddam prime minister dies in US custody
Tom Henry on December 5, 2005 2:31 PM ET

[JURIST] The US military on Monday issued a statement acknowledging the death of a detainee, later revealed to be former Iraqi Prime Minister Mohammed Hamza al-Zubaidi [GlobalSecurity.org profile]. The statement said Zubaidi, one of Saddam Hussein's top deputies after the first Gulf War, died in US custody last week. Al-Zubaidi is generally considered responsible for the violent suppression of Shia uprisings in the south of the country after the first Gulf War, and directed the destruction of the southern marshes, home of the so-called Marsh Arbsm, between 1992 and 1998. Earlier Monday a half-brother of Saddam Hussein, Barzan Ibrahim al-Tikriti, revealed that Zubaidi was the detainee who had died during a courtroom complaint at the Saddam trial [JURIST archive] during which he also criticizing the general medical care provided to detainees. The cause of Zubaidi's death is unclear and it is unknown where he was being held prior to receiving medical attention, although it may have been at the Camp Cropper [Wikipedia backgrounder] facility near Baghdad airport housing other high-value Iraqi detainees. Reuters has more.


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Georgian Republic begins trial of would-be Bush assassin
Brandon Smith on December 5, 2005 1:31 PM ET

[JURIST] The trial of Vladimir Arutunyan [Wikipedia profile], the Georgian man who attempted to assassinate US President George W. Bush with a grenade when Bush was visiting the former Soviet state earlier this year, began Monday. Arutunyan is accused of throwing a grenade at Bush while the president was addressing a crowd in the main square of the Tbilisi. The grenade malfunctioned, but would have exploded within 50 meters of the president. Arutunyan, who confessed but later recanted, faces life imprisonment for charges of plotting a terrorist attack, illegal purchase and storing of arms, and attempted murder. In September, Arutunyan was indicted by a US federal grand jury [DOJ press release; JURIST report] for attempting to kill Bush and possessing a firearm during a violent crime, but US Justice Department officials have said they will wait until Arutunyan's trial in Georgia is completed before deciding whether to seek his extradition. Reuters has more.


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UPDATE ~ First live witness takes stand in Saddam trial
Brandon Smith on December 5, 2005 12:41 PM ET

[JURIST] Following a brief recess prompted by a defense team walkout [JURIST report] and an emotional outburst from Saddam Hussein, the trial of the former Iraqi dictator and seven co-defendants resumed Monday afternoon with the testimony of Ahmed Hassan Mohammed [BBC report], an eyewitness to the 1982 Dujail torture and murders [JURIST report] for which the defendants are charged. Mohammed took the stand for the prosecution and detailed the killing of 148 people in Dujail in 1982, saying that the Iraqi forces used a mincing machine on live bodies and killed one of his friends by breaking his limbs and shooting his feet and calling the events "doomsday." Following Mohammed's testimony, Hussein interrupted the court, and said that he was not afraid of execution [AP report] and said that he believed there was pressure on the court and witnesses. Hussein and his co-defendants are charged with murder, torture, forced expulsions and illegal imprisonment stemming from the 1982 massacre. If convicted, all could face the death penalty. Mohammed is the first witness to take the stand in open court, but judges and lawyers have already heard testimony from Waddah al-Sheikh [JURIST report; AP transcript], a former intelligence officer who investigated the assassination attempt on Hussein that allegedly led to the Dujail massacre. Al-Sheikh provided testimony from his hospital bed before dying of cancer; a videotape was played during a court session last week [JURIST report]. BBC News has more.
Previously in JURIST's Paper Chase...


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Rice defends rendition practices prior to European trip
Lisl Brunner on December 5, 2005 9:59 AM ET

[JURIST] In official remarks [transcript] prior to her departure for Europe Monday, US Secretary of State Condoleezza Rice said that the US government's efforts to protect its citizens have been "misunderstood." Noting European officials' concerns about the CIA's use of extraordinary rendition [Wikipedia backgrounder], Rice asserted that the US government has used rendition for decades when traditional extradition was not a viable option. The US has always acted in accordance with international law and treaty obligations, Rice stated, because "The United States does not authorize or condone torture of detainees." A UK parliamentary group is calling for investigations [JURIST report] into whether the British government violated international law by assisting alleged CIA rendition flights landing in the UK, and officials in Germany, Spain and Italy [JURIST reports] have conducted investigations. During her European tour, Rice will address officials at the EU headquarters in Brussels and meet with leaders in Germany, Romania and Ukraine. Rice's comments come as Amnesty International [advocacy website] condemned the US refusal to confirm or deny allegations that the CIA has operated covert prisons in Eastern Europe [JURIST report]. Amnesty says the US is mocking international law [Reuters report] and is calling for a transparent probe into the prison allegations, which Rice did not address in her speech. The Washington Post has more.


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War criminals seeking safe haven in Australia, ex-UN prosecutor says
Kate Heneroty on December 5, 2005 9:37 AM ET

[JURIST] Former ICTY deputy prosecutor Graham Blewitt said Monday that Australia has become a safe haven for war criminals avoiding prosecution [ABC Radio interview, recorded audio]. Despite confessing to immigration officials about committing acts of torture, murder and rape, more than 30 suspected war criminals have been granted temporary residency in Australia by the Australian Immigration Department [official website]. Included in the list is a former bodyguard and family member of Saddam Hussein, Oday Adnan Al Tekriti [AFP report]. Tekriti, who was originally denied a visa because customs officials believed he was involved with crimes against humanity, was later granted temporary residency and has since married an Australian citizen, strengthening his claims for residency. Over the last ten years, war criminals from Afghanistan, Algeria, Bangladesh, India, Iraq, Lebanon, Myanmar, Nepal, Sri Lanka, Sierra Leone, Turkey and the former Yugoslavia, have been allowed to live in Australia until their lengthy appeal process was complete. The Sydney Morning Herald has local coverage. AFP has more.


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Myanmar reopens constitution talks
Sara R. Parsowith on December 5, 2005 7:47 AM ET

[JURIST] The ruling military junta in Myanmar [CIA backgrounder] on Monday reopened its constitutional-drafting convention, which has been held intermittently since 1993, in the first step in a seven-stage road map aimed at unification, democracy and free elections. The session could last as long as two months, though it is seen as unlikely that a final draft will result from the meeting. Critics see the convention as a ploy to enable the junta to stay in power, while the main opposition party, the National League for Democracy (NLD) [party website] is not participating. Although the NLD won a landslide victory in general elections in 1990, the military refused to hand over power, saying that the country first needed a new constitution. NLD's pro-democracy leader Aung San Suu Kyi [advocacy website; BBC profile], who remains detained under a recently-extended house arrest [JURIST report], has been banned from attending the convention, despite UN's call for "all the different groups of Myanmar's landscape" to be allowed to participate. The NLD said it will boycott the event. Myanmar's military government is currently detaining over 1,100 political prisoners [JURIST report] and the UN recently agreed to a US request to discuss the human rights violations in Myanmar [JURIST report] for the first time. AP has more.


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