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Legal news from Monday, August 18, 2008




Sudan court gives death sentence to rebels convicted of Khartoum terrorist attack
Mike Rosen-Molina on August 18, 2008 1:32 PM ET

[JURIST] A Sudanese court on Monday sentenced eight Darfur rebels to death, including the half brother of Justice and Equality Movement (JEM) [organization website] leader Khalil Ibrahim. Abdul Aziz Ashur and others were found guilty on charges related to a May rebel attack on the Sudanese capital of Khartoum, in which at least 200 people died. In June, Sudanese security forces arrested more than 100 JEM members [HRW press release; JURIST report] in connection with the attack. Later that month, 39 accused Darfur [JURIST news archive] rebels appeared [JURIST report] before special courts to be tried under a 2001 anti-terrorism law. News.com has more.

Sudanese officials accuse [AP report] JEM members of terrorism, rebellion and conspiring against the constitution. In June, Human Rights Watch (HRW) released a report [text, PDF; HRW press release] detailing detainee abuse in the wake of the May 10 rebel attack. The report called on the Sudanese government to identify the prisoners detained in connection with the attack, and to release any detainees who have no connection to rebel activities. Since civil war broke out in the Darfur region in 2003, over 200,000 people have been killed and 2.5 million displaced. Reports by the UNHCHR and the International Committee for the Red Cross [official website] have documented numerous violations of human rights and international humanitarian law [JURIST reports] based on interviews with refugees, rebel groups, and agencies and authorities working in the region.






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ICC prosecutor tactics criticized by rights groups
Devin Montgomery on August 18, 2008 1:14 PM ET

Photo source or description
JURIST] The president of Human Rights Watch [official website], mediation advisors, and other NGO leaders have recently begun to more openly criticize prosecutorial and other judgments [The Guardian report] made by International Criminal Court (ICC) chief prosecutor Luis Moreno-Ocampo [official profile]. Moreno-Ocampo has already received sharp criticism from both the League of Arab States (LAS) and the African Union (AU) [official websites] for his decision to seek the arrest [JURIST report] of Sudanese President Omar al-Bashir [BBC profile, JURIST news archive] for genocide, crimes against humanity and war crimes. These international bodies assert that the indictment of a sitting head of state would set a dangerous and destabilizing precedent. New concerns reported Monday focus on Moreno-Ocampo's alleged employment misconduct and aggressive prosecutorial methods.  Critics reportedly believe the behavior could threaten the credibility of the court. Also Monday, al-Bashir appeared at an African economic conference held in Turkey [AP report], and some rights groups called on Turkey to support the ICC.

Earlier this month, Moreno-Ocampo criticized the Sudanese government's attempt to conduct its own probe [JURIST reports] into Darfur human rights violations. Sudan could potentially remove war crimes suspects like al-Bashir from the ICC's jurisdiction if its domestic courts employ safeguards to ensure accountability and respect for human rights, as outlined in Article 16 of the ICC's Rome Statute [PDF text]. The UN Security Council has repeatedly asked Sudan to comply with the investigation of al-Bashir [JURIST report], but Sudan has refused to do so, calling Moreno-Ocampo a "terrorist" [JURIST report] and suggesting that he should be removed from office. Before al-Bashir's indictment the Sudanese government had already rejected the ICC's jurisdiction and refused to surrender two previously-named war crimes suspects [JURIST report].



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Canada judge warns judiciary on politicized public inquiries
Devin Montgomery on August 18, 2008 12:05 PM ET

[JURIST] Richard Scott, head of the Canadian Judicial Council [official website] conduct committee [materials], warned on Sunday that judges should exercise caution in agreeing to head up extra-judicial public inquiries designed to address politically controversial issues. Scott, who is also the chief justice of the Manitoba Court of Appeal [official website], said that by straying too far from their normal duties as judges, members of the judiciary risked the appearance of being seen as partisan. Scott's comments come after the Federal Court of Canada [official website] ruled [JURIST report] in June that media comments by Quebec Justice John Gomery [CBC profile], who led the public inquiry into the sponsorship scandal [CBC backgrounder] involving the Liberal Party [party website] government of former prime minister Jean Chrétien [official profile], had demonstrated bias against Chrétien [judgment, PDF] and his chief of staff Jean Pelletier [judgment, PDF]. In October, another Manitoba judge is scheduled to lead a similar committee established to investigate money that former Conservative Party prime minister Brian Mulroney received without paying taxes [Globe and Mail report]. Canwest has more.

Gomery's first and second reports [text and materials], released in November 2005 and February 2006 [JURIST reports], outlined the results of his judicial commission of inquiry [official website] into the Canadian scandal and included recommendations for controlling prime-ministerial power. The investigation began after Liberal Party Prime Minister Paul Martin, Chretien's successor, acknowledged allegations [JURIST report] of money laundering and kickbacks and took full responsibility for the misuse of public funds. After the reports has been issued, Gomery criticized [JURIST report] the now ruling Conservative Party [party website] for ignoring his recommendations on limiting government corruption and abuse of power. In June 2007, a former Canadian advertising executive was sentenced to 42 months in prison [JURIST report] for misappropriating nearly $1.6 million in government funds as part of the scandal.






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Yemen parliament rejects electoral amendments
Mike Rosen-Molina on August 18, 2008 11:29 AM ET

[JURIST] The Yemeni Parliament [official website, in Arabic] on Monday voted against a bill which would have amended the country's electoral laws by restricting government officials from influencing the ballot. The bill would also have required electors to register in either their place of birth or residence rather than their place of work. Yemen's ruling General People's Congress (GPC) [party website] voted against the bill, while members of the main opposition party, Yemen Socialist Party (YSP) [Nationmaster backgrounder], boycotted Monday's vote as they pushed President Ali Abdullah Saleh [official website, in English] to release fellow party members detained since clashes with police in April. Eight senior YSP officials are currently being tried on charges of incitement and secession. AFP has more.

In April, demonstrations by students and southern Yemenis [AFP report] against alleged northern bias in government jobs turned violent as at least one man killed was killed in confrontations with police. Several YSP members were taken into custody, accused of inciting deadly unrest. YSP lawmakers have called for Saleh to order the release of all "political prisoners." In June, Yemen sentenced [JURIST report] 14 accused Zayidi Shi'ite [GlobalSecurity backgrounder] rebels, among them outspoken Yemeni journalist Abdel Karim al-Khaywani [advocacy profile], for their roles in an ongoing Shi'ite uprising. All but one of the rebels received prison sentences of up to ten years, with the last rebel receiving the death sentence for plotting attacks on Yemeni military bases. Yemeni authorities accuse Zayidi Shi'ite of trying to impose Shi'ite Islamic law [BBC backgrounder] on the country, but group members say they are only defending their community from a hostile government.






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Malaysia DNA bill and oath swearing intensify Anwar sodomy charges
Mike Rosen-Molina on August 18, 2008 10:50 AM ET

[JURIST] A bill introduced in the Malaysian parliament on Monday would require all criminal suspects to submit DNA samples, a measure that has been tied to to the ongoing investigation into sodomy charges [JURIST report] against opposition leader Anwar Ibrahim [BBC profile; JURIST news archive] since the government promised to table it last month [JURIST report]. Also on Monday, Malaysian Prime Minister Datuk Seri Abdullah Ahmad Badawi [official website] said that Anwar should decide whether to deny the allegations by swearing an oath, since on Friday the former aide accusing Anwar of sodomy swore on the Koran that his accusations were true. Earlier this month, Anwar pleaded not guilty to the charge of sodomy, which in Malaysia is punishable by 20 years in prison, regardless of consent. Anwar has said the accusations are part of a government campaign to upset his plans to run in an August 26 by-election, and he filed a lawsuit against his accuser [JURIST report] in late June. AP has more. The Star has additional coverage.

Malaysian authorities briefly arrested Anwar last month, less than a day after a warrant was issued for his arrest [JURIST reports]. Last week, Anwar released a medical report [PDF text; JURIST report] that he said refuted the sodomy allegations. Anwar was Malaysia's Deputy Prime Minister under former Prime Minister Mahathir bin Mohamad [BBC profile] until he was fired in 1998 following earlier sodomy charges of which he was initially convicted but later acquitted. He only recently reentered Malaysian politics following the expiration of a ten-year ban [JURIST report] against him for unrelated corruption charges. Last month the Federal Court of Malaysia ruled he could challenge the constitutionality [JURIST report] of his original dismissal from office.






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Senegal may drop charges against Chad ex-dictator Habre
Mike Rosen-Molina on August 18, 2008 10:08 AM ET

[JURIST] Senegal may drop charges against former Chadian dictator Hissene Habre [HRW materials; JURIST news archive] who was sentenced to death in absentia [JURIST report] in Chad on Friday, according to Monday media reports. Senegalese Justice Minister Madicke Niang said that Habre could not be tried twice on the same charges, although human rights activists argue that Habre's indictment in Chad for armed rebellion was different from the human rights abuse charges he faces in Senegal. Senegal has long been criticized for allegedly delaying Habre's trial, although it recently adopted constitutional amendments [JURIST report] to allow for his prosecution. BBC News has more. AFP has additional coverage.

Habre has been accused of involvement in the murder or torture of more than 40,000 political opponents during his rule from 1982 to 1990. Senegal courts have long refused to extradite Habre, despite Belgium's issuance of an international arrest warrant [JURIST reports] under its universal jurisdiction laws [HRW backgrounder]. Under growing international pressure to either try Habre locally or extradite him to Belgium, Senegalese President Abdoulaye Wade [official profile, in French; BBC profile] agreed in April 2006 to try him in Senegal and the Senegalese government later determined [JURIST report] he would face charges in a criminal court, rather than in front of a special tribunal. A Senegalese court dismissed a previous action against him in 2001 [HRW case backgrounder], claiming that it lacked jurisdiction over crimes committed elsewhere.






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Indonesia terrorism convicts not granted sentence reductions
Deirdre Jurand on August 18, 2008 9:33 AM ET

[JURIST] Indonesian prisoners who have been convicted of terrorism, drug offenses, illegal logging and corruption this year did not receive the sentence reductions that most of the prisoners traditionally receive on Indonesia's Independence Day [backgrounder], August 17. Indonesian officials previously said that sentence reductions were a constitutional right afforded to all criminals regardless of their crimes, as part of Indonesia's prisoner remission program conducted annually [Australian report] to mark the country's independence from Dutch colonial rule. Prisoners in good standing typically received a remission unless they were on death row or serving life sentences, but this year, increasing concerns over crime and the country's image as one of the most corrupt [rankings list; regional analysis, PDF] worldwide contributed to the change of policy. This Independence day, it is estimated that 55,000 prisoners received sentence reductions of up to six months, and another 5,700 were released. AP has more. The Jakarta Post has additional coverage.

For Independence Day in 2006, Indonesian authorities cut the sentences of 54,000 prisoners, including to 10 men involved in the 2002 Bali nightclub bombings. Those remissions sparked public outcries [AFP report], particularly in Australia. Nearly half of the victims of the 2002 nightclub bombings hailed from Australia. In June 2006, Australian Prime Minister John Howard [official website] denounced the release of an Indonesian Muslim cleric convicted on conspiracy charges in relation to the bombings. His sentence was reduced [JURIST reports] during the 2005 remission program.






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Musharraf resigning Pakistan presidency to avoid impeachment
Devin Montgomery on August 18, 2008 9:19 AM ET

[JURIST] Pakistani President Pervez Musharraf [official website; JURIST news archive] announced Monday he was resigning from office [press release] in order to avoid impeachment proceeding by the country's parliament. In a television address [ANI report], Musharraf denied any wrongdoing, but said that the proceedings alone would damage the country. Earlier on Monday, Pakistan People's Party (PPP) and Pakistan Muslim League - Nawaz (PML-N) [official websites] coalition leaders had said that they had finalized an impeachment charge sheet [News report] against Musharraf and were planning to bring it before parliament as early as Tuesday. Despite repeatedly denying [press release] rumors that he planned to step down, Musharraf began his address by citing improvements he said Pakistan had made under his leadership and concluded:

Impeachment and chargesheet is the right of the Parliament and I have the right to defend myself against these charges. I am confident that no charge can be proved against me. All my actions were for the good of the people and the country. All my major decisions were the consent of all concerned and all stake-holders, e.g. services, bureaucracy, civil society, etc. I am not at all worried about the Charge-Sheet because nothing can be proved. But the larger issue is what is it going to cost Pakistan - its economy, political and social order, honour and prestige of the highest office of the state. Such are the considerations upper-most in my mind.

Whether I'm impeached or not, the country's stability will be compromised. The office of the president will also be insulted. Pakistan is my love; now and always, my life is for Pakistan. I have defended and will continue to defend Pakistan. I want to be able to bring Pakistan out of the current crisis so I think perhaps should do something. But I also do not want to do something that may generate uncertainty in the country. I also want to save the Parliament from horse-trading. Even if the impeachment is defeated, the relations between the President's office and the coalition govt. will not heal. Institutions will be endangered. Therefore, with this situation in view and having consulted my legal and political advisors, I have decided to resign from my post.

I have decided to resign from the office of President and my resignation will be handed over to the Speaker of the National Assembly. I want the people to be the judges and let them decide my fate. I am a human being and may have committed follies.
There has been speculation that Musharraf may leave the country to avoid criminal prosecution, but opponents have criticized the possibility [IANS report] and US Secretary of State Condoleezza Rice said on Sunday that the US would not grant him asylum [Dawn report]. AFP has more. The News has local coverage.

Earlier this month, the coalition government said that it would push to impeach Musharraf because had given a "clear commitment" to step down from office after his party was defeated in parliamentary elections [JURIST reports], but subsequently refused to resign or go into exile, and because be had failed to follow through on a promise to ask parliament for a confidence vote.  In June, the PML-N called for Musharraf's impeachment [JURIST report] and released a "charge sheet" outlining misuse of presidential authority, including the dismissal of the country's superior court judges. Also in June, PML-N leader and former Pakistani Prime Minister Nawaz Sharif [JURIST news archive] called for Musharraf to be tried for treason [JURIST report], labeling him a traitor disloyal to Pakistan and saying he should be punished for the "damage" that he has done to the country in the years since he led a military coup [BBC backgrounder] and unseated Sharif in 1999.





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