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Legal news from Saturday, December 5, 2009




Philippines president makes first martial law declaration since 1986 Marcos fall
Daniel Makosky on December 5, 2009 10:40 AM ET

[JURIST] Philippines President Gloria Macapagal-Arroyo [official website; BBC profile] issued Proclamation 1959 [text, PDF] on Friday, imposing martial law and suspending habeas corpus in the province of Maguindanao, the first presidential imposition of martial law in the country since Ferdinand Marcos’ fall in 1986. The move, announced [press release] Saturday, is a result of instability in the province following a politically motivated attack that left 57 dead last month. The martial law proclamation stated that

[T]he condition of peace and order in the province of Maguindanao has deteriorated to the extent that the local judicial system and other government mechanisms in the province are not functioning, thus endangering public safety.
The country’s constitution [text] allows the declaration of martial law and suspension of habeas corpus for a period of 60 days in the event of a rebellion if necessary to preserve public safety. The latter measure applies only to those connected to the uprising, and individuals must be charged within three days of their arrest. Arroyo is required to submit the order for congressional authorization within 48 hours, after which a simple majority is required for approval.

Government authorities on Friday arrested several suspects [BBC report] in connection with the attack, including Maguindanao Governor Andal Ampatuan Sr., and subsequently discovered an “arsenal of weapons” buried nearby. Military officials believed that rebels loyal to the Ampatuan family intended to launch a rebellion. The family is suspected of ordering the November 23 attack [AFP report] against political rival Esmael Mangudadatu, who was travelling with family, aides and journalists to file as a candidate in an upcoming gubernatorial election.





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Guatemala ex-colonel sentenced to prison for enforced disappearances in civil war
Zach Zagger on December 5, 2009 9:17 AM ET

[JURIST] A retired Guatemalan colonel has been sentenced to 53 years in prison for his role in the disappearance of eight indigenous Guatemalans during the 36-year Guatemalan civil war [GlobalSecurity backgrounder]. A three-judge court Thursday found Col. Marco Antonio Sanchez and three of his subordinates, Jose Domingo Rios, Gabriel Maldonado Alvarez Ramos and Solomon Rivers, guilty of enforced disappearance [Prensa Libre report, in Spanish]. On October 19, 1981, eight people from the village El Jute, in the province of Chiquimula, were seized by soldiers and taken to a military base in Zacapa. They were never heard from again. The convictions are the first [Guatemalan Times report] in Guatemala [JURIST news archive] against high ranking military officials for human rights violations during the civil war. Guatemalan President Alvaro Colom, in a speech to young people, praised the convictions [press release, in Spanish] as a "landmark" decision and said it was evidence the country is changing both socially and politically.

Sanchez's conviction is not the first in Guatemala for enforced disappearance. In September, Guatemalan paramilitary Felipe Cusanero was convicted [JURIST report] and sentenced to 150 years in prison for the enforced disappearance of six indigenous persons during the civil war between the years of 1982 and 1984. Cusanero's trial, which began [JURIST report] in 2008, was the first time a defendant was tried for enforced disappearance in Guatemala. The country's handling of past human rights violations has garnered support from the US. The US State Department (DOS) [official website], praised [JURIST report] Guatemala for its efforts to investigate past human rights abuses in its 2008 Country Reports on Human Rights Practices [DOS materials].






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