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Legal news from Friday, February 22, 2008 |
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Belarus releases newspaper editor jailed for reprinting Muhammad cartoons
Steve Czajkowski on February 22, 2008 4:36 PM ET

[JURIST] The Supreme Court of Belarus Friday ordered a former newspaper editor who had been had been sentenced [JURIST report] to three years in prison for reprinting cartoons depicting the prophet Muhammad [JURIST news archive] to be released, his lawyer said. Alexander Sdvizhkov, former deputy editor of Belarus newspaper Zhoda, had been convicted of inciting religious hatred, but was released Friday after the court reduced his sentence to three months, which he has already served.
The move has been interpreted as an attempt to improve relations with the West. Belarus President Alexander Lukashenko [official website; BBC profile] has recently sought to improve his country's ties with western nations, but the US and the European Union have imposed sanctions on Belarus pending the release of all political prisoners. After Sdvizhkov's release, two other high-profile political prisoners remain in custody, including Alexander Kozulin [CFR profile and interview], who was sentenced [JURIST report] to prison for leading unauthorized protests after challenging Lukashenko for the presidency in 2006. AP has more.


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DOJ investigating CIA waterboarding authorization
Eric Firkel on February 22, 2008 2:56 PM ET

[JURIST] The US Department of Justice (DOJ) [official website] has launched an internal probe [press release] into whether top department officials improperly approved the CIA's use of waterboarding [JURIST news archive], according to documents released Friday. The DOJ Office of Professional Responsibility investigation, which a DOJ spokesperson said has been ongoing for years, is part of a larger inquiry into the Bybee memo [PDF text, PBS backgrounder], a controversial document in which the Department of Justice's Office of Legal Counsel defined torture as physical pain equivalent in "intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily functions, or even death." The Bybee memo was disavowed [JURIST report] by the White House in 2004.
Earlier this month, CIA Director Michael Hayden [official profile] told the US House Intelligence Committee that he had officially prohibited CIA agents from using waterboarding in 2006, but that the technique has not been used in almost five years. Hayden suggested that a recent Supreme Court decision on the status of detainees [JURIST report] and new laws passed since the 2002 and 2003 waterboarding incidents had made the practice illegal, in contrast to White House statements [JURIST report] earlier this month that defended the legality of the technique. AP has more.


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UK Enron bankers sentenced to 3 years in prison for wire fraud
Jaime Jansen on February 22, 2008 1:00 PM ET

[JURIST] David Bermingham, one of three British bankers known as the NatWest Three [JURIST news archive] was sentenced to over three years in prison Friday after pleading guilty [JURIST report] in November to one count of wire fraud. Bermingham, along with Giles Darby and Gary Mulgrew, was indicted on seven counts of wire fraud [indictment, PDF] for entering into a secret agreement with former Enron Chief Financial Officer Andrew Fastow [Houston Chronicle profile] to defraud National Westminster Bank of $19 million while keeping $7 million for themselves. Under the terms of their plea deal, the three agreed to each serve a 37-month sentence, repay the $7.3 million they are believed to have fraudulently earned from the deal, and subject himself to a civil suit in Britain brought by the bankers' former employer. Darby and Mulgrew are due to be sentenced later Friday. Reuters has more. The Guardian has additional coverage.
The three were extradited to the US pursuant to an extradition treaty that subsequently came under heavy criticism [JURIST reports] in the UK Parliament as "lopsided." The 2003 US-UK Extradition Treaty [PDF text; Statewatch backgrounder], incorporated into UK law through the Extradition Act [text], requires only a showing of prima facie evidence by the requesting country, a lower evidentiary standard than probable cause.
2:38 PM ET - All three bankers have now been sentenced to 37 months in prison. The Houston Chronicle has more.


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Sierra Leone war crimes court upholds prison sentences for AFRC junta leaders
Jaime Jansen on February 22, 2008 11:24 AM ET

[JURIST] The appeals chamber of the UN-backed Special Court for Sierra Leone [official website] on Friday upheld the sentences [press release, PDF] of three former leaders of the Armed Forces Revolutionary Council [MIPT backgrounder; SCSL case materials] who were convicted of crimes against humanity. In July 2007, the court sentenced [JURIST report] Brima Bazzy Kamara to 45 years in prison, while Alex Tamba Brima and Santigie Borbor Kanu [TrialWatch profiles] were each sentenced to 50 years after being convicted of crimes committed while leading the militia that took over Sierra Leone's government in 1997.
The three men were convicted [JURIST report] in June 2007 of crimes against humanity including collective punishments, murder, rape, conscripting or enlisting child soldiers, enslavement, and pillage. The verdict, which came more than two years after the trial started [JURIST report], was the first ever conviction on the recruitment and use of child soldiers by an international tribunal. Reuters has more.
3/4/08 - The full text of the appeals judgment [part 1, PDF; part 2, PDF] has now been made available by the court. A summary [PDF text] is also available.


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Latest cluster bomb treaty conference ends without deal on binding ban
Jaime Jansen on February 22, 2008 10:10 AM ET

[JURIST] Delegates failed to agree on a binding treaty banning cluster bombs [ICRC materials; JURIST news archive] by the end of a five-day conference organized by Cluster Munitions Coalition (CMC) [advocacy website] in New Zealand Friday, but have agreed to continue negotiations at a May conference in Dublin. By Friday, conference organizers said that 82 countries had signed the so-called Wellington Declaration [PDF text], acknowledging that cluster bombs should be banned and pledging to continue talks toward that end. Cluster bomb opponents hope that the Wellington Declaration could lead to a binding ban at the Dublin conference, even if the leading producers of cluster munitions - the US, Russia and China - do not join the pact. A week-long meeting of parties to the Convention on Certain Conventional Weapons [PDF text] last November similarly concluded [JURIST report] without delegates reaching an agreement on a legally binding ban on cluster munitions. AFP has more. AP has additional coverage.
Cluster munitions have been used by at least 23 countries; at least 34 nations have produced more than 200 different types of cluster munitions. In June, the US said it will not support a cluster munitions ban [JURIST report] but that it is open to negotiations to reduce the humanitarian impact by requiring the increased reliability, accuracy and visibility of unexploded munitions. Last February, 46 of 49 countries participating in the two-day Oslo Conference on Cluster Munitions agreed to an action plan to develop a new international treaty [press release] to ban the use of cluster munitions by 2008. Romania, Poland and Japan refused to sign the Oslo Declaration [PDF text]. The United States, Russia, Israel, and China chose not to attend the conference. Cluster munitions are considered by many to be inaccurate weapons designed to spread damage indiscriminately and could therefore be considered illegal [CMC backgrounder] under multiple provisions of Protocol I [text] of the Geneva Conventions [ICRC materials].


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Bush campaigner acquitted in New Hampshire phone jamming case
Jaime Jansen on February 22, 2008 8:07 AM ET

[JURIST] James Tobin [SourceWatch profile], President Bush's 2004 campaign chairman for New England, was acquitted [opinion, PDF] Thursday of federal telephone harassment charges for his alleged role in a 2002 phone-jamming scheme. In his ruling Thursday, US District Judge Steven McAuliffe said he was "constrained" by an earlier appeals court ruling [text; JURIST report] overturning Tobin's previous conviction. Tobin was convicted and sentenced to 10 months' imprisonment [JURIST report] in 2006 for his involvement in jamming phone lines to block Democratic voting drives [JURIST report] during the 2002 Senate election in New Hampshire, but the US Court of Appeals for the First Circuit remanded the case to the district court because no intent to harass was alleged, proved, or disputed by the parties. Tobin has maintained his innocence throughout the case, claiming to have no knowledge of the 800 hang-up phone calls that were placed to interfere with Democratic get-out-the-vote campaigns. Republican candidate Sen. John Sununu (R-NH) [official website] won the 2002 Senate election by less than five percentage points. AP has more. The Union Leader has local coverage.
Allen Raymond, former president of Republican consulting group GOP Marketplace, received a five month sentence, and Chuck McGee, the former executive director of the New Hampshire Republican Party was sentenced to seven months in prison and $2,000 in fines [JURIST reports] in 2005 in connection with the scheme. McGee admitted that he paid a Virginia telemarketing company more than $15,000 to jam Democratic Party phone lines with computer-generated calls. In 2006, Shaun Hansen, former owner of the telemarketing firm Mylo Enterprises Inc., pleaded guilty [JURIST report] to two federal counts of conspiracy to commit interstate telephone harassment. A civil lawsuit brought by the New Hampshire Democratic Party against the New Hampshire Republican State Committee was settled [JURIST reports] in 2006 for $135,000.


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