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Legal news from Sunday, December 21, 2008




Argentina court suspends decision to release 'dirty war' suspects
Jaclyn Belczyk on December 21, 2008 8:49 PM ET

[JURIST] An Argentine court on Friday suspended its decision to release up to 20 suspects who are accused of committing human rights violations during the country's military dictatorship from 1976 to 1983, known as the "Dirty War" [GlobalSecurity backgrounder; JURIST news archive]. The court Thursday released the men pending bail [JURIST report], saying that the two-year legal deadline for holding them without a conviction had expired, but the prosecutor appealed the decision in the wake of outrage from human rights groups. The case will now go before the Supreme Court, and Human Rights Secretary Eduardo Luis Duhalde said that he will seek the impeachment of the judges [Buenos Aires Herald report] who ruled in favor of releasing the suspects. Among those to be released on bail were Alfredo Astiz [Trial Watch profile] and Jorge Acosta, who worked at the Naval Mechanics School (ESMA) [BBC backgrounder] where thousands were tortured and killed.

It is estimated that between 20,000 and 30,000 people were forcibly kidnapped or "disappeared" during the Argentine government's campaign against suspected dissidents during the country's "Dirty War." In 2005, Argentina's Supreme Court struck down amnesty laws [JURIST report] adopted in the 1980s to protect potential defendants, prompting the government to reopen hundreds of human rights cases. In March, Argentine politician and former police chief Luis Abelardo Patti was arrested for crimes allegedly committed during the period. In May, Juan Evaristo Puthod, a victim of the violent suppression, was kidnapped but later released [JURIST reports] before testifying in a third case. In July, an Argentine court sentenced former general Luciano Benjamin Menendez and four others to life in prison for the 1977 kidnapping, torture, and killing of four political dissidents during the "Dirty War," and in August, a court convicted Mendendez and another former general [JURIST reports] and sentenced them to life terms for kidnapping, torturing, and murdering Peronist politician Guillermo Vargas Aignasse in 1976 during the coup.






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Zimbabwe defies regional court, charges farmers resisting eviction
Jaclyn Belczyk on December 21, 2008 3:28 PM ET

[JURIST] Four white Zimbabwean farmers were charged Thursday with trespassing on state property for failing to vacate farms that were seized by the government. The charges are in defiance of a November ruling by the South African Development Community Tribunal [official website] that ordered Zimbabwe to halt [JURIST report] its controversial Land Reform Program [official website]. The tribunal held that the program's seizure of white-owned farms was racially motivated and therefore contrary to the Southern African Development Community (SADC) [official website] treaty [text, DOC], but government officials said that they would disregard the ruling [JURIST report], saying the program was justified because it corrected past racial disparities which had favored white farmers. Officials said the government would continue to operate the program and seize any remaining white-owned farms. The farmers could face up to two years in jail [Bloomberg report] if convicted. A hearing is set for January 5.

Zimbabwean President Robert Mugabe [BBC profile; JURIST news archive] has been harshly criticized [Guardian report] for his farm program, which since 2000 has sought to redistribute white-owned land among the nation's indigenous farmers. In February 2006, Lands Minister Didymus Mutasa [government profile] said that, following controversial constitutional reforms, there are no longer any white farmers operating legally in Zimbabwe [JURIST report]. Many observers attribute Zimbabwe's disastrous economic circumstances - including an inflation rate exceeding 231,000,000 percent [Guardian report] - to the policy, under which previously productive farms have become barren under new inexperienced owners.






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Iraq parliament rejects troop withdrawal agreement for non-US forces
Eric Firkel on December 21, 2008 10:25 AM ET

[JURIST] The Iraqi parliament [official website] Saturday voted down a status of forces draft law which would have permitted 6,000 troops from the United Kingdom, Australia, Romania, El Salvador, and Estonia to remain in the country after the current UN mandate [UN press release] authorizing the multi-national force in Iraq expires on December 31, 2008. Iraqi members of parliament voted 80 to 68 to defeat the bill [BBC report], which was approved by the cabinet [JURIST report] last week. The bill was sent back to the cabinet for amendment, and a second vote is expected early next week. The UK Ministry of Defence [official website], which oversees 4,100 troops in Iraq, said that it will work with the government of Iraq [The Independent report] to come up with "other options" to ensure the legality of their continued military operations in Iraq. Other options could include bi-lateral agreements between Iraq and coalition countries.

Earlier this month, the Iraqi presidential council approved [JURIST report] a Status of Forces Agreement (SOFA) [text, PDF; CFR backgrounder] that sets a 2011 deadline for the withdraw of US troops but also approved an additional law calling for a national referendum on the pact in July 2009. The approval of the council, comprising President Jalal Talabani [BBC profile] and two vice presidents, was the final step required before the SOFA can go into effect on January 1, 2009, a day after the current UN Mandate authorizing the US presence in Iraq expires. The SOFA was approved by the Iraq cabinet and the Iraq parliament [JURIST reports] in November. In addition to the official deadlines for troop withdraw, it gives Iraqi courts limited jurisdiction over American military personnel and eliminates immunity [JURIST reports] for US defense contractors working within Iraq.






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Iraq judge orders investigation into alleged beating of shoe-throwing journalist
Eric Firkel on December 21, 2008 9:11 AM ET

[JURIST] Iraqi judge Dhia Al Kinani Friday announced an investigation into the alleged beating of Iraqi journalist Muntazer al-Zaidi. Al-Zaidi was allegedly beaten after throwing his shoes at US President George W. Bush [official website] on December 14 during a joint press conference with Iraqi Prime Minister Nouri al-Maliki [BBC profile] where the two leaders discussed the signing of the Status of Forces Agreement (SOFA) [text, PDF; CFR backgrounder]. Al-Zaidi is charged with offending the head of a foreign state and could face up to seven years in prison. He appeared before a judge last week behind closed doors, leading some to believe that he was beaten [Telegraph report] while in custody. Since the incident, al-Zaidi has been wildly popular throughout the Arab world. Despite public pressure to release the journalist, it is unlikely he will be released without trial [TIME report].

Al-Zaidi has allegedly suffered brutality first hand in Iraq having been kidnapped and released by Shiite militiamen in 2007 [Washington Post report]. He threw his shoes just after Bush finished his remarks celebrating the SOFA and expressing solidarity with the Iraqi government. The SOFA sets a 2011 deadline for the withdrawal of US troops. It was approved by the Iraqi presidential council [JURIST report] earlier this month and will go into effect on January 1, 2009, a day after the current UN Mandate authorizing the US presence in Iraq expires. In addition to the official deadlines for troop withdrawal, the SOFA gives Iraqi courts limited jurisdiction [JURIST report] over American military personnel and eliminates immunity [JURIST report] for US defense contractors working within Iraq.

~12/22/08 - Al-Zaidi's trial is set to begin on December 31.






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