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Legal news from Monday, December 28, 2009




Vietnam court sentences pro-democracy advocate for subversion
Devin Montgomery on December 28, 2009 2:54 PM ET

[JURIST] A Vietnamese court on Monday sentenced pro-democracy dissident Tran Anh Kim to five and a half years in prison for subversion under Article 79 [text] of the Vietnamese penal code. During a four-hour trial Kim admitted being to member of the banned groups Democracy Party of Vietnam and Bloc 8406 [group manifesto, PDF]. He could have faced the death penalty for the crime, but was given leniency [AFP report] due to a history of military service. Kim is one of five dissidents arrested in June and July by Vietnam's communist government. The remaining suspects, including prominent Vietnamese pro-democracy lawyer Le Cong Dinh [HRW release], are expected to go on trial [BBC report] on January 20.

Dinh was charged [JURIST report] with "colluding with foreign reactionaries to sabotage the Vietnamese State," in violation of Article 88 [text] of the Vietnamese penal code, for the alleged distribution of anti-government documents. He was also disbarred [JURIST report] following his arrest. Earlier this year, two Vietnamese newspaper editors were dismissed from their jobs for protesting the arrests of two journalists [JURIST reports] who reported on government corruption. The arrested reporters, who were accused of 'abusing freedom and democracy,' were sentenced to two years of prison and "re-education" for reporting on the so-called PMU 18 corruption scandal [JURIST reports].






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Obama outlines measures taken following attempted Detroit plane bombing
Haley Wojdowski on December 28, 2009 1:58 PM ET

[JURIST] US President Barack Obama on Monday announced steps [transcript] the federal government is taking to address air travel security following the Friday attempt by Umar Farouk Abdulmutallab to detonate an explosive device on Northwest Airlines Flight 253. He said that as soon as the attempted attack was discovered, officials increased screening requirements and increased the number of air marshals aboard flights. He also confirmed that he had on Sunday ordered the review [NYT report] of how the US no-fly list [JURIST news archive] is managed as well as screening and other security procedures:

I've ordered two important reviews, because it's absolutely critical that we learn from this incident and take the necessary measures to prevent future acts of terrorism.

The first review involves our watch list system, which our government has had in place for many years to identify known and suspected terrorists so that we can prevent their entry into the United States. Apparently the suspect in the Christmas incident was in this system, but not on a watch list, such as the so-called no-fly list. So I have ordered a thorough review, not only of how information related to the subject was handled, but of the overall watch list system and how it can be strengthened.

The second review will examine all screening policies, technologies and procedures related to air travel. We need to determine just how the suspect was able to bring dangerous explosives aboard an aircraft and what additional steps we can take to thwart future attacks.
Earlier on Monday, Secretary of Homeland Security Janet Napolitano [official profile] aknowledged [NBC interview, video] that Abdulmutallab had been listed on the Terrorist Identities Datamart Environment (Tide) list [fact sheet] and conceded that “our system did not work in this instance, and no one is happy or satisfied with that." Abdulmutallab’s Monday hearing in front of a federal judge in Detroit has been postponed without explanation.

US authorities on Saturday filed charges [press release; JURIST report] against Abdulmutallab, a Nigerian national, for allegedly attempting to set off an explosive device on an airplane bound from Amsterdam to Detroit on Friday. Abdulmutallab is charged with willfully attempting to destroy an aircraft or aircraft facilities in violation of 18 USC § 32 [text]. Earlier this year, twelve men were charged and three sentenced to life in prison [JURIST reports] in connection with a plot to blow up transatlantic planes leaving a London airport using liquid explosives. Richard Reid and Saajid Badat [GlobalSecurity profiles] were convicted [JURIST report] in 2005 and 2003 respectively after Reid attempted to blow up an American Airlines flight in 2001 using an explosive device concealed in his shoe.





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DOJ investigating financier Stanford connections to legislators: report
Devin Montgomery on December 28, 2009 1:24 PM ET

[JURIST] The US Department of Justice [official website] has begun investigating political donations and other connections between billionaire financier Allen Stanford [BBC profile; JURIST news archive], accused of defrauding investors [indictment, PDF; JURIST report] out of $7 billion, and US lawmakers, according to a Sunday report [text] by the Miami Herald. Stanford donated over $2.3 million to lawmakers' campaigns and spent over $5 million in lobbying efforts while allegedly carrying out the fraud. According to the report, investigators have recovered emails between Stanford and several legislators and are investigating whether Stanford used the money to gain unlawful favors. It is speculated that legislation that Stanford successfully lobbied against would have likely exposed his use of offshore accounts to conduct his alleged scheme. Stanford's trial is set to begin in January 2011.

Last week, a federal judge denied a motion [Reuters report] by Stanford's lawyers seeking his release on bail on the basis of mental health concerns. Stanford has denied the charges [JURIST report] against him and was originally set to be released on $500,000 bail until prosecutors successfully appealed the decision. Through three of his investment companies, Stanford allegedly violated the Securities Act of 1933, the Securities Exchange Act of 1934 and the Investment Company Act of 1940 [texts]. He was originally charged [complaint, PDF; JURIST report] in February with running a fraudulent investment scheme by selling certificates of deposit on the promise of improbably high interest rates.






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Philippines prosecutors begin rebellion trial
Devin Montgomery on December 28, 2009 12:19 PM ET

[JURIST] The Philippine Department of Justice (PDOJ) [official website] on Monday began the trial of over 600 people charged with rebellion for allegedly interfering with government operations following the November killings [PDOJ release] of 57 in the country's semi-autonomous province of Maguindanao. All but five of the accused missed a Monday deadline [Manila Standard Today report] to respond to the charges against them, and fewer than 40 of the suspects have been detained by police. If convicted, those charged could face as much as life in prison. Prosecutors also resumed Monday [Inquirer report] the trial of members of the influential Ampatuan family, who are charged with leading the politically-motivated killings.

Following the killings, Philippine President Gloria Macapagal-Arroyo [official website] imposed martial law [JURIST report] and suspended habeas corpus in the province. She later lifted the conditions, following international pressure and domestic legal challenges [JURIST reports].






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