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Legal news from Sunday, September 13, 2009




Iran judicial panel rejects rape charges made by detained protestors
Steve Czajkowski on September 13, 2009 2:10 PM ET

[JURIST] A panel of Iranian judiciary members has dismissed claims made by pro-reform presidential candidate Mehdi Karroubi [NYT profile] that detainees arrested following the disputed June 12 presidential election [JURIST news archive] were sexually assaulted, according to a state media report [text] Saturday. The panel, made up of Iranian Prosecutor General Gholam-Hossein Mohseni-Eje'i, Judiciary Adviser Ali Khalafi, and Deputy Judiciary Chief Ebrahim Raeesi, found that there was no evidence to support Karoubi's allegations of rape and sexual harassment and that the claims were politically motivated. The panel also called for the arrest [AP report] of those spreading false allegations, which is seen as referring to Karroubi. On Tuesday, the Iranian government is said to have shut down the office of Karroubi's National Confidence Party [party website, in Arabic], which had been taking testimony about abuse from released prisoners. Also on Saturday, Iran's Supreme National Security Council banned newspapers from reporting [NYT report] on Karroubi or fellow opposition candidate Mir Hossein Mousavi [BBC profile; JURIST news archive].

In August, Ahmadinejad called [JURIST report] for the prosecution of opposition leaders who allegedly conspired to orchestrate widespread protests after the presidential election. Human rights groups have accused [JURIST report] the Iranian government of using the protests to "engage in what appears to be a major purge of reform-oriented individuals."






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Argentina president introduces bill to decriminalize libel and slander
Amelia Mathias on September 13, 2009 1:26 PM ET

[JURIST] Argentine President Cristina Fernandez de Kirchner [BBC profile] proposed a new bill [speech transcript, in Spanish] Friday that would erase libel and slander as crimes, part of a broader plan to change the way Argentina's telecommunications businesses are run. Opponents of that bill argue that its provisions, particularly those opening up cable television services to telephone companies, are aimed at helping companies sympathetic [Buenos Aires Herald report] to Kirchner. The media bill would also stop anti-competitiveness and create a new agency to govern appropriate content.

Kirchner made her announcement at a ceremony marking the 30th anniversary of the arrival in Argentina of members of the Inter-American Commission on Human Rights.






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New US guidelines for Afghan prison will allow prisoners to challenge detention
Steve Czajkowski on September 13, 2009 10:02 AM ET

[JURIST] The Obama administration is preparing to issue new guidelines for the US detention facility at Bagram Air Base [JURIST news archive; GlobalSecurity backgrounder] in Afghanistan that would allow detainees to oppose their indefinite incarceration, according to media reports Sunday. The guidelines [NYT report] are expected to affect all of the approximately 600 prisoners by providing members of the US military who would be able to gather classified evidence and question witnesses on behalf of any detainee challenging their detention. The military officials would not be lawyers, but they are expected to give detainees, some of whom have been held for over five years without charges, better representation before military-appointed review boards. The changes come amidst ongoing protests [JURIST report] by prisoners. Hundreds of Bagram detainees have been refusing shower and exercise time and have ceased participation in a family visits and teleconferences program set up by the International Committee of the Red Cross (ICRC) [advocacy website].

In July, a US military study commissioned after a critical January report by the UN Assistance Mission in Afghanistan [official website] recommended [JURIST report] a complete overhaul of both the US-run and Afghan-run prisons in Afghanistan. Maj. Gen. Douglas Stone, former deputy commanding general for detainee operations for the Multi National Force–Iraq [official website], recommended separating extremists from the rest of the prison population to avoid militant recruiting within prisons, as well as improving training for Afghan guards, prosecutors and judges. Extremists would be housed in a separate facility, partially financed by the US, and the remaining detainees would be provided with vocational training. Officials have reported that some of Stone's recommendations are already being implemented in a new facility scheduled to open this fall that will house about 600 detainees.






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