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Legal news from Monday, January 18, 2010




Canada court sentences 'Toronto 18' terrorism conspirators
Steve Dotterer on January 18, 2010 2:15 PM ET

[JURIST] A judge of the Ontario Superior Court of Justice [court website] Monday sentenced two men previously convicted in connection with the failed "Toronto 18" [Toronto Star backgrounder] terrorist plot. Alleged plot leader Zakaria Amara was sentenced to life in prison, while Saad Gaya [JURIST commentary] was sentenced to a 12-year prison term. Amara and Gaya were two of 18 men arrested in 2006 in connection with a plan to destroy the Toronto Stock Exchange, an Ontario military base and offices of the Canadian spy agency.

Alleged co-conspirator Shareef Abdelhaleem [JURIST report] meanwhile pleaded not guilty to terrorism charges Monday. Abdelhaleem was the first adult to be tried among the "Toronto 18" originally arrested and charged under Section 83 [Canadian DOJ backgrounder] of the Anti-Terrorism Act [text], Canada's post-9/11 legislation. Five more members of the group face trial in March.






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Spain to take two Guantanamo Bay detainees
Dwyer Arce on January 18, 2010 1:13 PM ET

[JURIST] A Spanish foreign ministry official confirmed Monday that Spain will be accepting two detainees currently being held at Guantanamo Bay [JURIST news archive]. One of the detainees is said to be [AP report] of Yemeni origin, while the nationality of the other was not released. Spanish Foreign Minister Miguel Angel Moratinos [official profile] said [AP report] last week that an agreement between Spain and the US was close to completion in anticipation of the transfer. The detainees are expected to be transferred to Spain over the next few weeks. Spain is the most recent in a string of countries worldwide that have agreed to take in detainees from Guantanamo Bay, as the US administration attempts to empty the facility. Last month, Switzerland agreed [JURIST report] to take one Uzbek detainee, and has expressed willingness [JURIST report] to take two more. Also last month, 12 more detainees were transferred to their home governments, and detainees were transferred to Palau, Kuwait, and several European countries [JURIST reports].

The transfer to Spain comes at the request of the Obama administration, which initially requested [France 24 report] that Spain take as many as four detainees last June as part of the administration's plan to close the facility. Closure was initially due by January 22, 2010, but President Obama recently confirmed [NYT report] that this deadline would not be met. The administration has run into several hurdles in closing the prison, including opposition from members of Congress and the suspension of detainee transfers to Yemen [JURIST report]. In November, the Center for American Progress [advocacy website] issued a report [JURIST report] blaming missteps by the Obama administration for the delay.






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Myanmar top court hears latest Suu Kyi appeal
Steve Dotterer on January 18, 2010 12:58 PM ET

[JURIST] Arguments began Monday before Myanmar's Supreme Court in the latest appeal by Myanmar opposition leader Aung San Suu Kyi [BBC profile; JURIST news archive]. Suu Kyi's appeal contests an 18-month extension to her house arrest [JURIST report] that was imposed by a lower court in August. Suu Kyi's lawyer, Nyan Win, has stated that the extension to Suu Kyi's arrest is based on provisions of the now-defunct 1974 constitution. Suu Kyi's detention to her compound in Yangon will prohibit her from competing in this year's elections [BBC report] as a member of her National League for Democracy (NLD) [official website] party. The Supreme Court is expected to issue a ruling in Suu Kyi's case soon.

The timing of Suu Kyi's trial coincides with government action against US citizen Nyi Nyi Aung [Freedom Now profile], who was charged [JURIST report] in early January with forgery and violating Myanmar's foreign currency act. Suu Kyi's hearing date was scheduled the same day Aung was charged. The Myanmar Supreme Court agreed to hear Suu Kyi's case in December after an unsuccessful October appeal [JURIST report] to the Divisional Court in Rangoon. In addition to rejecting the appeal, the lower court ruled that Suu Kyi herself would be barred [JURIST report] from attending the proceedings. Suu Kyi, who has been in prison or under house arrest for 14 of the past 20 years, was found to have violated the military junta's state security laws after John Yettaw [JURIST report], an uninvited American, swam across a lake to her home in May 2009.






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Haiti confronts rising lawlessness after earthquake
Dwyer Arce on January 18, 2010 10:10 AM ET

[JURIST] Local police struggled to maintain law and order in Haiti while awaiting the deployment of more US troops on Monday, as looting and vigilantism rose among increasingly desperate and frustrated survivors of the earthquake that struck the country last week. The troops arriving Monday are part of a 5,700-strong US contingent expected to arrive [Telegraph report] by the end of the week to assist the 3,000 police and international peacekeepers deployed to secure the airport, port, and main buildings. Incidents of looting and violence have been on the rise [NYT report], and the reported lynching of one suspected looter along with shootings Sunday have led to an increase in the number of UN peacekeepers patrolling the streets. The country's legal system and government are largely non-operational [France 24 report] in the wake of the disaster. More than 100 US troops landed [New York Post report] in Haiti on Friday, distributing supplies to survivors. The UN Stabilization Mission in Haiti [official website] has said that up to 50% of buildings [statement, PDF] have been destroyed or damaged, including the presidential palace, the UN Mission headquarters, and the main prison, allowing nearly 4,000 inmates to escape [JURIST report].

On January 12, a 7.0 magnitude earthquake [USGS backgrounder] caused massive damage to property and infrastructure in Haiti. Haitian government officials estimate [Al Jazeera report] the death toll to be as high as 100,000 to 200,000. More than 70,000 bodies have been buried since the earthquake hit. Haitian nationals already present in the US on January 12 have been granted Temporary Protected Status [JURIST report] and will be allowed to continue living and working in the US for the next 18 months regardless of their immigration status.






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