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Legal news from Saturday, January 3, 2009




Controversial Kenya media bill signed into law
Christian Ehret on January 3, 2009 6:24 PM ET

[JURIST] Kenyan President Mwai Kibaki [official profile] on Friday signed a controversial media bill [press release] into law that gives power to a communication commission to regulate broadcasting with threats of fines or incarceration. The Communications Amendment Bill of 2008 [text, PDF] allows the minister of information to control aspects of broadcast content. Kibaki stated that his assent to the bill was based on the importance of Kenya's economic development and emphasized the importance of regulating all electronic transactions. Kibaki addressed concerns [Nation report] by saying "while press freedom is a cardinal pillar of democracy, it is a right that carries with it special duties and responsibilities." The original bill contains a portion passed by the Kenyan Parliament that would allow the shut-down of media outlets by declaring a state of emergency. Kibaki assured the public that the bill he signed did not contain such a clause.

The Media Owners Association (MOA) of Kenya has been outspoken [KBC report] on the passage of this bill. The MOA believes that the legislation will curtail freedoms that are important in maintaining the development of the nation. Press freedom has been a long-standing issue in Kenya. Last year Kibaki stressed the importance of a free press when he refused to sign [JURIST report] a bill that would have required journalists to disclose confidential sources.






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Canada military charges soldier with murder of Afghan citizen
Christian Ehret on January 3, 2009 5:23 PM ET

[JURIST] The Canadian Forces National Investigation Service (CFNIS) [official backgrounder] on Friday charged [press release] Captain Robert Semrau with second-degree murder in the killing of an Afghan citizen. Semrau is specifically charged under the National Defense Act [text] with shooting, with the intent to kill, an unarmed Afghan male in the Helmand province of Afghanistan in October. Semrau was stationed with the Operational Mentor and Liaison Team [Toronto Star report], which works with and trains the Afghan Army.

The facts of the case raise questions concerning the timeliness of the charges. According to human rights lawyer Paul Champ, the delay between the alleged conduct and the filed charges is the "biggest concern" [Canadian Press report]. Champ went on to compare the reporting delay with the reporting malfeasance by military police in the 1993 torture and murder of a Somalian teenager by the Canadian Airborne Regiment. Steven Staples of The Rideau Institute [advocacy website] agrees with Champ's comparison to the Somalian incident, saying "I think Canadians harbour a fear that as we get more drawn into Afghanistan that we could have a repeat of that terrible situation." Retired Colonel Chris Corrigan believes that the delay could simply be a result of a large number of other inquiries.






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Zimbabwe court denies release of human rights activists
Tarah Park on January 3, 2009 11:40 AM ET

[JURIST] A Zimbabwe judge ruled Friday that Zimbabwe Peace Project [advocacy materials] leader Jestina Mukoko [advocacy website; JURIST news archive] and 31 other activists charged [JURIST report] with plotting to overthrow President Robert Mugabe [BBC profile, JURIST news archive] must remain in jail over the weekend. High Court Judge Alphias Chitakunye denied a motion [AP report] for the activists' immediate release, and held that they must remain in custody until they appear in Magistrate Court on Monday. Opponents of Mugabe claim that the ruling is part of Mugabe's alleged recent crackdown against the pro-democracy movement in Zimbabwe. The ruling follows lower court rulings [JURIST report] denying bail for the advocacy leader and the other activists pending their appearance before the Zimbabwe Supreme Court.

Mukoko played a key role in monitoring and publicizing the wave of violence that hit the country before and after recent presidential elections and the run-off elections [JURIST reports] that followed. Mugabe and MDC leader Morgan Tsvangirai [BBC profile; JURIST news archive], have been disputing results of March elections for months. They signed a power-sharing agreement [JURIST report] in September, under which Mugabe would remain president, Tsvangirai would become prime minister, and each would have two deputies. The agreement has been weakened by ongoing violence and alleged human rights violations, with the MDC estimating that nearly 100 of its members have been killed since March, and more than 100 imprisoned [AFP report].






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Rights group accuses US of insufficient response to Gaza violence
Tarah Park on January 3, 2009 10:36 AM ET

[JURIST] Human rights group Amnesty International USA [advocacy website] on Friday accused the US of insufficiently responding to the Gaza crisis [press release] in a letter [text, PDF] sent to Secretary of State Condoleezza Rice [official Profile]. The letter claimed that the US response has been "lopsided," and urged Rice to push all parties to an immediate cease-fire:

Amnesty International USA is particularly dismayed at the lopsided response by the US government to the recent violence and its lackadaisical efforts to ameliorate the humanitarian crisis in Gaza. Amnesty International, as indeed other human rights and humanitarian organizations, is concerned about attacks directed at or resulting in harm to unarmed civilians. We expect the US government to share this concern for all unarmed civilians, be they Israeli or Palestinians, who are caught in this conflict, and we urge the US government to spare no effort to pressure all sides in the conflict to immediately cease indiscriminate or disproportionate attacks which cause civilians fatalities and casualties.
The rights group also pressured the US diplomat to end all US weapons transfers to Israel, and to investigate whether US weapons were used during the attacks.

Last week, Israel launched an attack [Guardian report] against the Hamas-ruled Gaza strip in response to Gaza's recent rocket attacks [AFP report] into Israel. Thus far, the air raids have killed more than 400 Palestinians. Human rights groups, the UN [UN statement, JURIST report], and protesters [Times UK report] across the world have condemned Israel for the attacks, calling them disproportionate and unwarranted as the Gaza attacks killed only 4 Israelis.





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