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Legal news from Sunday, April 18, 2010




Iran journalist sentenced for propaganda against the revolution
Dwyer Arce on April 18, 2010 3:42 PM ET

[JURIST] A prominent Iranian journalist and filmmaker was sentenced on Sunday to three-and-a-half years in prison and 50 lashes for his activities after the disputed 2009 presidential elections [JURIST news archive]. Mohammad Nourizad was sentenced [Kaleme report, in Persian] by Judge Pyrbasy, the head of Islamic Revolutionary Court Branch 26 [GlobaLex backgrounder] for "distributing propaganda against the establishment of the Islamic Republic of Iran, and desecrating the image of thirty years of the Islamic establishment," and insulting the supreme leader, the president, the head of the judiciary, and Ayatollah Elmolhoda of the Assembly of Experts [official website, in Persian]. Nourizad was initially arrested [AP report] in November after writing an open letter to Supreme Leader Ayatollah Ali Khamenei [BBC profile], criticizing the Iranian government for its crackdown on protesters following the disputed presidential election, which resulted in more than 80 deaths. Nourizad was a writer for Kayhan [official website, in Persian], a publication under the direct supervision of the Khamenei, but Nourizad distanced himself [AFP report] from the paper following the election unrest.

In March, Iranian authorities jailed reform movement leader [JURIST report] Hossein Marashi after an appeals court upheld a one-year sentence for spreading propaganda against the Islamic republic. Marashi was a leading supporter of Mir Hossein Mousavi [BBC profile] who opposed President Mahmoud Ahmadinejad [BBC profile; JURIST news archive] in the disputed presidential election. The court also upheld [AFP report] a ban on Marashi from participating in party political activity for six years. Also in March, an Iranian appeals court upheld [JURIST report] the death sentence for a 20-year-old student who took part in anti-government protests in December. Mohammad Amin Valian was convicted of Moharebeh, which means waging war against God and is punishable by death under Iranian law. In February, a joint US-EU statement condemned [JURIST report] Iranian action against protesters and other critics of government policy. The Iranian government responded strongly to opposition following June's disputed elections, prompting additional criticism from rights groups and advocacy organizations.






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Bangladesh court convicts 57 more over border guard mutiny
Dwyer Arce on April 18, 2010 12:50 PM ET

[JURIST] A special tribunal in Bangladesh on Sunday convicted 57 members of the Bangladesh Rifles (BDR) [official website] on charges relating to their involvement in last year's border guard mutiny [BBC backgrounder; JURIST news archive]. BDR Special Court-3 in the southeast district of Feni sentenced [Daily Star report] those convicted to jail terms ranging from four months to seven years, and fined each BDT $100 (USD $1.45) for taking up arms and blocking a road during the 33-hour mutiny. Only five were acquitted. Civilian courts will hear more serious charges [BBC report] related to the mutiny, such as murder, arson, and rape, and may impose the death penalty on those found guilty. The sentences comprise the third [AP report] of dozens of cases against the several thousand alleged mutiny participants who are being tried throughout Bangladesh, and come two weeks after the sentencing of 29 BDR members [JURIST report] on similar charges.

The six Special Courts were established [Priyo report] shortly after the Bangladeshi Supreme Court [official website] recommended against [JURIST report] military court-martial trials for BDR members who took part in the mutiny. Dozens of BDR officers, including the force's commander, were killed and their bodies left in sewers and shallow graves during the mutiny, which was sparked by grievances over pay and conditions. President Zillur Rahman [official profile] asked for the court's opinion to determine whether the accused should be tried under the Army Act of 1952 [text] or whether they should face civilian trials. Prime Minister Sheikh Hasina [BBC profile] initially offered the mutineers amnesty as part of a deal negotiated to end the uprising, but the agreement was rescinded when the conduct of the mutineers was fully revealed.






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Germany considering legal action against Goldman Sachs: report
Steve Czajkowski on April 18, 2010 10:29 AM ET

[JURIST] The German government said Saturday that it is considering taking legal action against Goldman, Sachs & Co. [corporate website] for defrauding investors, according to a report [text, in German] by the German newspaper Welt am Sonntag. The announcement comes just a day after the US Securities and Exchange Commission (SEC) [official website] filed a civil suit [complaint, PDF; JURIST report] on alleging securities fraud against the bank. German government spokesperson Ulrich Wilheim said that the German Federal Financial Supervisory Authority (BaFin) [official website] will request information from the SEC to decide whether to file a suit. Britain has indicated that it may also pursue legal action [Bloomberg report] after it found out the scope of the allegations contained in the SEC lawsuit.

The SEC complaint, filed in the US District Court for the Southern District of New York [official website], alleges that Goldman made misleading statements and omissions to investors in early 2007 in violation of the Securities Act of 1933 [text, PDF] and Securities Exchange Act of 1934 [text, PDF]. Goldman's alleged conduct in marketing collateralized debt obligations (CDOs) [Investopedia backgrounder] to investors lies at the core of the controversy. Goldman responded [press release] to the allegations by denying all wrongdoing. The SEC is seeking "injunctive relief, disgorgement of profits, prejudgment interest, civil penalties and other appropriate and necessary equitable relief from both defendants," remedies considered appropriate in securities fraud cases.






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Kyrgyzstan interim government to try ousted president
Steve Czajkowski on April 18, 2010 9:53 AM ET

[JURIST] The Kyrgyzstan interim government announced Sunday that it will place ousted president Kurmanbek Bakiyev [BBC profile] on trial for killings that took place during the recent uprising [JURIST report] earlier this month and for abuse of power while in office. The interim government is also planning to try [VOA report] members of Bakiyev's family and administration on charges that include corruption and human rights violations. Despite the pledge to bring Bakiyev and his allies to justice, so far only Baktybek Kaliyev, Bakiyev's defense minister, has been arrested [AFP report]. It is believed that Bakiyev is currently in Kazakhstan, and interim officials have said they will seek extradition to bring him before their courts.

Last week, Kyrgyzstan interim leader Roza Otunbayeva [Telegraph profile] said that Bakiyev should stand trial [JURIST report] for the recent violence. The protests, prompted in part by a drastic increase in utility costs, led to at least 84 deaths [Reuters report] and many more injuries. Earlier this month, Otunbayeva launched the interim government [JURIST report] after the violence forced Bakiyev to flee the capital. The protests came just one week after UN Secretary-General Ban Ki-moon [official profile] urged Kyrgyzstan to protect all forms of human rights [JURIST report], including "free speech and freedom of the media."






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