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Legal news from Tuesday, May 18, 2010




Federal judge orders release of three Michigan militia suspects
Hillary Stemple on May 18, 2010 3:13 PM ET

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[JURIST] A federal judge on Tuesday ordered the release of three individuals accused of crimes committed as part of the "Christian warrior" militia called Hutaree [militia website; CNN backgrounder]. Judge Victoria Roberts of the US District Court for the Eastern District of Michigan [official website] ordered the release of the suspects, two men and one woman, after federal prosecutors withdrew their objections. Roberts originally granted bail [JURIST report] to all nine militia suspects, but the US Court of Appeals for the Sixth Circuit [official website] granted an emergency stay [JURIST report] blocking their release. The appeal on the release of the other six members is still pending. The nine members have been indicted [JURIST report] on charges of seditious conspiracy, attempted use of weapons of mass destruction, teaching the use of explosive materials, and possessing a firearm during a crime of violence in connection with a plan to kill Michigan law enforcement officers. The suspects being released will be monitored electronically and their freedom of movement will be severely restricted.

Militia groups such as the Hutaree are reportedly on the rise in the US. A recent report by the Simon Wiesenthal Center [advocacy website] suggests that a lack of regulation on the Internet [JURIST report] is fueling this increased prevalence. A report by the Southern Poverty Law Center (SPLC) [advocacy website; JURIST comment], released last year, noted that these groups are making a comeback [JURIST report] after declining in number for several years. The SPLC said that such groups are generally anti-tax, anti-immigration, and increasingly racially motivated since the election of the country's first African-American president, Barack Obama. The SPLC also warned that these groups could soon pose a security risk to the country, quoting one official as saying "[a]ll it's lacking is a spark. I think it's only a matter of time before you see threats and violence."

5/19/10: A fourth militia member was released [AP report] Wednesday.




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UK to review rights act after terror suspects avoid deportation
Sarah Miley on May 18, 2010 3:09 PM ET

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[JURIST] The UK coalition government will review the country's Human Rights Act [BBC backgrounder] after two Pakistani terror suspects successfully avoided deportation by the Special Immigration Appeals Commission [official website] due to concerns for their safety. The commission identified both Abid Naseer and Ahmed Faraz Khan as terrorism suspects but concluded that it was not possible for them to be deported to Pakistan, where terrorism suspects face torture or death.The Human Rights Act was created in 1988 to encompass the fundamental rights in the European Convention of Human Rights [text]. Policymakers hope that, by reviewing the act, they can develop a plan of action for ensuring deportees would be treated properly upon returning to their native countries. Since the act does not allow the two suspects to be detained without trial, the two men will most likely be subjected to control orders that would restrict their movement and require them to be under constant watch. Naseer and Khan were two of 10 Pakistani men captured last year in connection with a terrorism plot targeting Manchester and Liverpool.

The Human Rights Act has been a point of contention between liberal and conservative groups in the UK. In 2006, then-prime minister Tony Blair called for an amendment to the act to allow the government greater discretion to protect public safety, while conservative leaders called for the act to be repealed [JURIST reports]. Human Rights Watch [official website] urged the new UK government to continue its support of the act last week in addition to a request for the government to set up a judiciary inquiry [JURIST report] on torture [JURIST news archive] allegations. The rights group claimed that allegations of complicity in the torture of terrorism suspects have badly damaged the nation's reputation and that steps need to be taken to restore the nation's reputation as "a nation that respects human rights."




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Rights group claims Sri Lanka government committed war crimes
Sarah Miley on May 18, 2010 1:59 PM ET

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[JURIST] The International Crisis Group (ICG) [official website] on Monday accused Sri Lankan security forces of war crimes [report text] during the last months of the Sri Lankan civil war [JURIST news archive]. The ICG claims that the violence of the 30-year civil war, which ended one year ago this month, escalated in January 2009 leaving thousands more dead than projected by the UN:
The Sri Lankan security forces and the Liberation Tigers of Tamil Eelam (LTTE) repeatedly violated international humanitarian law during the last five months of their 30-year civil war. Although both sides committed atrocities throughout the many years of conflict, the scale and nature of violations particularly worsened from January 2009 to the government’s declaration of victory in May. Evidence gathered by the International Crisis Group suggests that these months saw tens of thousands of Tamil civilian men, women, children and the elderly killed, countless more wounded, and hundreds of thousands deprived of adequate food and medical care, resulting in more deaths. This evidence also provides reasonable grounds to believe the Sri Lankan security forces committed war crimes with top government and military leaders potentially responsible. There is evidence of war crimes committed by the LTTE and its leaders as well, but most of them were killed and will never face justice.
The ICG went on to state that it had acquired enough evidence supporting allegations of shelling civilians, hospitals, and environmental facilities to warrant a independent inquiry by the UN on war crimes in Sri Lanka during the law months of the civil war. The Sri Lanka government denies these allegations and claims that no civilians were killed during the final months of the war. The UN has yet to comment on the report.

In March, UN Secretary-General Ban Ki-moon [official profile] reaffirmed his plan to set up a UN panel [JURIST report] to investigate allegations of human rights violations during the civil war. Earlier that month, Sri Lankan President Mahinda Rajapaksa [official profile] rejected [press release; JURIST report] Ban's plan to appoint a panel of experts to look into alleged rights abuses in the island nation's civil war, saying it "is totally uncalled for and unwarranted." The ICG report gives further validations to an independent UN inquiry into Sri Lankan war crimes. Sri Lanka has faced numerous allegations of human rights violations originating from incidents that took place during the final months of the civil war by both the government and the rebel Liberation Tigers of Tamil Eelam (LTTE) [JURIST news archive].




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Pakistan president pardons interior minister on corruption charges
Hillary Stemple on May 18, 2010 1:49 PM ET

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[JURIST] Pakistani President Asif Ali Zardari [official website] on Tuesday pardoned Interior Minister Rehman Malik [official profile], convicted on corruption charges in 2004. Zardari issued the pardon after the Lahore High Court refused to throw out Malik's 2004 conviction. Malik was not present in Pakistan when he was convicted and sentenced to serve three years in prison. Last December, a Pakistani court issued an arrest warrant [JURIST report] for Malik related to the corruption charges after the Supreme Court [official website] struck down an amnesty order [JURIST report] that would have granted him immunity. The Supreme Court ruled [order, PDF] that the National Reconciliation Ordinance (NRO) [text], which granted immunity to Zardari and 8,000 other government officials, was unconstitutional. Zardari's pardon of Malik is seen as an example of the tension [BBC report] existing between the executive and judicial branches within Pakistan.

The court began hearing [JURIST report] the legal challenge to the NRO late last year. The NRO was signed [JURIST report] by former Pakistani president Pervez Musharraf [BBC profile; JURIST news archive] in 2007 as part of a power-sharing accord allowing former Pakistani prime minister Benazir Bhutto [BBC profile] to return to the country despite corruption charges [JURIST report] she had faced. The ordinance also applies to similar charges against politicians who were charged but not convicted of corruption between 1988 and 1999.




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Yemen court sentences 6 Somali pirates to death
Sarah Miley on May 18, 2010 12:35 PM ET

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[JURIST] Yemen's Ministry of Defense [official website, in Arabic] announced Tuesday that a Yemeni court has sentenced six Somali pirates [JURIST news archive] to death and six additional pirates to 10-year jail sentences for the hijacking of a Yemeni oil tanker in April 2009. The convicted pirates must collectively pay 2 million Yemen riyals in compensatory damages to the Aden Refinery [corporate website, in Arabic], which owned the tanker. The refinery will be required to give a portion of the damages to the families of the two Yemeni crewman killed in the hijacking. Defense lawyers have appealed the verdict.

The international community is supporting actions taken against piracy. The UN Office on Drugs and Crime (UNODC) [office website] announced on Wednesday that the island nation of Seychelles will create a UN-supported center [JURIST report] to prosecute suspected pirates. The center will accept and try pirates captured by the European Union Naval Force Somalia (EU NAVFOR) [official website] off the coast of Somalia and surrounding areas. This will be the second such court established for the prosecution of pirates, following only Kenya. Last month, the UN Security Council approved a resolution [JURIST report] calling on member states to criminalize piracy under their domestic laws and urging Secretary-General Ban Ki-moon [official website] to consider an international tribunal for prosecuting piracy. The Security Council resolution came the same week the UN announced that a trust fund established to combat piracy will be funding five projects [UN News Centre report] aimed at piracy committed in the waters around Somalia.




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China court convicts billionare of insider trading
Hillary Stemple on May 18, 2010 12:19 PM ET

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[JURIST] A Chinese court on Tuesday convicted Huang Guangyu, formerly China's richest man [Hurun report], of illegal business dealings, insider trading, and corporate bribery. Huang was previously the chairman of Pengrun Investments and founder of subsidiary GOME Electrical Appliances [corporate website], both publicly traded on the Shanghai and Hong Kong stock exchanges. The court sentenced Huang to 14 years in prison, fined him 600 million yuan (88.23 million USD), and ordered him to turn over valuable assets. Huang was charged [JURIST report] in February by the Supreme People's Procuratorate [official website, in Chinese], almost 15 months after he was initially placed under detention. His case has been the subject of intense media coverage in China involving allegations of bribery [Xinhua reports] to high-level Shanghai police among others.

Huang's conviction is part of a wider campaign in China to crack down on corruption, which is seen by many as a threat [CE report] to China's future stability. On Monday, an appeals court upheld the conviction [JURIST report] of three mining employees for stealing commercial secrets. In February, the president of the Supreme People's Court (SPC) [official website, in Chinese] called for increased efforts [JURIST report] to fight corruption among the judiciary. The president's statement came just two weeks after former SPC vice president Huang Songyou was convicted [JURIST report] on bribery and embezzlement charges. In January, the Communist Party of China [GlobalSecurity backgrounder] announced [JURIST report] increased oversight of the families of government officials to control corruption.




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UN official stresses need for international efforts in fighting organized crime
Hillary Stemple on May 18, 2010 11:38 AM ET

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[JURIST] Executive Director of the UN Office on Drugs and Crime (UNODC) [official website] Antonio Maria Costa on Monday opened a UN conference on international crime prevention by warning of the inadequacies of the current international crime control system. Costa indicated that organized crime is gaining economic strength [press release] and that countries must find ways to disrupt the international criminal market. In particular, Costa warned about the inadequacies of dealing with new threats against the environment, identity theft, and Internet crimes as well as the traditional threats of piracy, kidnapping, and slavery. Members of the conference were also urged to utilize the UN Convention against Transnational Organized Crime [materials] protocol adopted in 2000 as an important mechanism in crime prevention.

Costa's statements come two months after the EU released a report [JURIST report] detailing organized crime in Bulgaria and Romania and the steps the countries must take to gain full rights under the EU. That assessment echoed statements made in previous progress reports [materials; JURIST report]. In January 2007, Bulgaria and Romania officially joined the EU [JURIST report] following six years of accession negotiations. Both countries have been required to comply with a series of benchmarks; failing to do so could result in EU intervention and the potential loss of economic aid under Articles 36-38 of the Act of Accession [text], which lays out safeguard mechanisms [EC backgrounder] in the event of problems posing a threat to the functioning of the EU.




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Federal lawsuit seeks to stop drilling at BP Gulf platform
Sarah Miley on May 18, 2010 11:37 AM ET

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[JURIST] DC-based consumer advocacy organization Food and Water Watch (FWW) [advocacy website] filed suit [complaint, PDF] in a US district court Monday against the US Department of Interior (DOI) and the Minerals Management Service (MMS) [official websites] for an injunction to halt drilling at the BP Atlantis Facility [corporate website] in the Gulf of Mexico. FWW joined suit with Kenneth Abbott, a former safety contract engineer for BP, claiming that DOI and MMS allowed BP to operate the Atlantis Facility without documented, approved final engineering drawings considered critical to safe operation. FWW and Abbot hold that although federal law requires 100 percent engineer approved "as built" drawings for most platform systems, less then 10 percent of BP's Atlantis Facility drawings had met these specifications. The complaint, filed in the US District Court for the Southern District of Texas [official website], lists several attempts by both FWW and Abbott to address this safety issues with the DOI and MMS, but no action was taken by either government organization to compel BP to produce the requisite drawings.
The gravity of BP's conduct has and will continue to have long lasting effect on the environment and public health, and DOI and MMS's failure to enforce its regulations against BP has only accelerated the time to another BP catastrophe. Accordingly, it is necessary that DOI and MMS be enjoined to temporarily prohibit production at the BP Atlantis Facility in order to protect and prevent further catastrophic destruction, and to further ensure the its regulations are enforced. ... [U]nless relief is granted by this Court, a catastrophe is certain to occur at the [facility], which will undoubtedly cause unprecedented, irreparable damages to the environment in and surround the Gulf of Mexico and the general public health.
BP has repeatedly claimed that it has worked with the DOI and MMS to meet the specifications required for the Atlantis Facility, but the allegations against them raise more doubts on how well federal regulators, especially MMS, have been inspecting BP facilities in the wake of the Deepwater Horizon explosion [BBC backgrounder] last month. In response, the Obama administration asked DOI Secretary Kenneth Salazar [official profile] to conduct a "top-to-bottom" reform of the MMS [speech text] and ordered immediate inspections of all deep water operations in the Gulf. Salazar and other federal officials will be questioned on Tuesday by Senate committees on the efficacy of actions taken to prevent the April oil spill.

On Monday, Homeland Security Secretary Janet Napolitano [official profile] defended [testimony] the federal government's "all-hands-on-deck" response to the oil spill before the Senate Committee on Homeland Security and Governmental Affairs [official website], stating that the government lacked the resources and expertise to deal with a spill of this magnitude, and must therefore depend on the response of BP to resolve the subsea oil spill. President Barack Obama has announced that he is forming a presidential commission [AP report] to investigate the cause of the Deepwater Horizon explosion, and will be similar to the ones that investigated the Challenger explosion and the nuclear disaster on Three Mile Island. Also on Monday, the Senate Committee on Environment and Public Works [official website] asked US Attorney General Eric Holder to open an investigation [press release] into potential violations of civil and criminal laws related to the BP oil spill. The Deepwater Horizon oil spill was a result of an oil well blowout that the caused an explosion 5,000 feet below the surface of the Gulf. Eleven platform workers are missing and presumed dead, and 17 others were injured. The amount of oil spilled into the Gulf is part of an ongoing debate [NPR report] and has ranged from 5,000 to 100,000 barrels of crude oil per day. The resulting oil slick has covered at least 2,500 square miles. The White House is keeping a daily chronology of events [text].




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Portugal president ratifies same-sex marriage law
Hillary Stemple on May 18, 2010 10:12 AM ET

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[JURIST] Portuguese President Anibal Cavaco Silva [official website, in Portuguese] on Monday signed a bill that legalizes same-sex marriage [JURIST news archive] but stops short of allowing same-sex couples to adopt. The bill was approved [JURIST report] by the Portuguese Parliament [official website, in Portuguese] in January and found to be constitutional [text, in Portuguese] by the Constitutional Court [official website, in Portuguese] last month. Silva indicated he was unhappy with the manner in which the bill was passed but that he was signing the law so parliament could move on to other matters. He also indicated that he could have chosen to veto the bill, stating [press release, in Portuguese]:
The Parliamentary bill which allows marriage between persons of the same gender was submitted by me to the Constitutional Court for preventive investigation, and considered by this body as not unconstitutional. This, however, would not prevent the possibility of the President of the Republic using the vetoing power conferred upon him by the Constitution and return it to Parliament. However, regard should be given to the practical effects of such a decision and take into due account the superior national interest, in the face of the dramatic situation of the Country. As such, I believe that I should not contribute towards the unnecessary dragging out of this debate, which would only accentuate divisions among the Portuguese and stray the attention of politicians from the resolution of the issues which so grievously affect people's lives.
Same-sex marriage is now recognized by six countries in Europe including Belgium, the Netherlands, Spain, Sweden, and Norway [JURIST reports], while several other countries including the UK, France, and Germany recognize civil unions between same-sex partners.

Many countries are currently debating the issue of same-sex marriage, with varying results. Earlier this month, Argentina's lower house approved a bill [JURIST report] that would legalize same-sex marriage and allow same-sex couples to adopt. Last month, Italy's Constitutional Court rejected a challenge [JURIST report] to the constitutionality of the country's ban on same-sex marriage. In the US, individual states determine marital rights for same-sex couples. Same-sex marriage is currently legal in Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, and Washington DC [JURIST reports]. Same-sex civil unions are currently recognized in Washington, New Jersey, Oregon, and Nevada [JURIST reports].




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UN rights chief urges peaceful resolution to Thailand conflict
Jaclyn Belczyk on May 18, 2010 9:27 AM ET

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[JURIST] UN High Commissioner for Human Rights [official website] Navi Pillay [official profile] on Monday urged both the Thai government and anti-government protesters to seek a peaceful resolution [press release] to the current conflict [JURIST news archive]. Expressing deep concern at the escalating violence that has left dozens dead and many more injured, Pillay called on both sides to avoid further clashes and seek a diplomatic solution. Pillay called on the government to use force only in accordance with international human rights standards, warning that the situation could easily get out of hand:
To prevent further loss of life, I appeal to the protestors to step back from the brink, and the security forces to exercise maximum restraint in line with the instructions given by the Government. Ultimately, this situation can only be resolved by negotiation. I urge leaders to set aside pride and politics for the sake of the people of Thailand.
Pillay also noted that Thai Prime Minister Abhisit Vejjajiva [official website; BBC profile] has agreed to set up an independent fact-finding mission to inquire into the recent violence, stressing that the investigation should be impartial and thorough.

Last week, a Thai court sentenced 27 protesters [JURIST report] to six months in prison. The accused are members of the United Front for Democracy Against Dictatorship [party website, in Thai], also known as red shirts [BBC backgrounder], who support ousted [JURIST report] prime minister Thaksin Shinawatra [BBC profile; JURIST news archive]. Last month, Thailand's pro-government People's Alliance for Democracy Network [party website, in Thai; BBC backgrounder], known as yellow shirts, called for a declaration of martial law [JURIST report] to quell the anti-government movement spearheaded by the red shirts. Earlier in April, Vejjajiva announced that he was prepared to negotiate [JURIST report] with red shirt protesters once they cease their illegal conduct. Because of the mounting violence, Abhisit has imposed a state of emergency [JURIST report] in Bangkok and neighboring provinces.




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Haiti court convicts US missionary in orphan smuggling case
Sarah Miley on May 18, 2010 7:37 AM ET

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[JURIST] A Haitian court on Monday convicted US missionary Laura Silsby of attempting to illegally smuggle 33 Haitian children to the US through the Dominican Republic in the wake of the January 12 earthquake [JURIST news archive]. Silsby was found guilty of irregular travel [JURIST report] and sentenced to time served during judicial proceedings. At the opening of trial proceedings on Thursday, Haitian prosecutors claimed that Silsby knew she was breaking the law [AP report] when she attempted to take the children into the Dominican Republic and requested a six-month prison term [JURIST report]. The court agreed with the prosecution's allegations, but denied the request for additional prison time. Silsby has been released and is now permitted to leave the country and return home to Idaho.

Silsby was the only one to face trial of a group of 10 missionaries affiliated with the Central Valley Baptist Church [church website] of Idaho and the New Life Children's Refuge Charity [BBC profile] who were arrested [JURIST report] in January. A Haitian judge ordered the release of eight missionaries in February and then ordered the release of a ninth [JURIST reports] in March. The 7.0 magnitude earthquake caused massive damage to property and infrastructure in Haiti, and the death toll has been estimated at 230,000.




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