 |
|

Legal news from Thursday, May 20, 2010 |
 |
|


ICC prosecutors investigating 2009 military violence in Guinea
Sarah Miley on May 20, 2010 3:45 PM ET

[JURIST] The International Criminal Court (ICC) [official website] on Wednesday sent a delegation [press release] from the Office of the Prosecutor (OTP) [official website] to Guinea to further investigate the killing of more than 150 pro-democracy protesters in Conakry in September 2009. The purpose of the visit is to consult with judicial authorities and gather additional information on the military violence [BBC backgrounder] waged against pro-democracy opposition groups that rallied against Guinean dictator Moussa Dadis Camara [BBC profile]. An assassination attempt on Camara two months later eventually drove him into exile. The current trip is a follow up investigation to the initial mission [JURIST report] carried out by Deputy Prosecutor Fatou Bensouda [official profile] in February. Guinea has been a party to the Rome Statute [text], which created the ICC, since 2003. The statute allows the ICC to adjudicate genocide, war crimes, and crimes against humanity, but the court only acts if the member state is unable or unwilling to try those accused of committing serious crimes.
At the conclusion of Bensouda's initial trip in February, she determined that the ICC would work with the Guinean legal system [AFP report] to prosecute the offenders. Meanwhile, Guinean Prime Minister Jean Marie Dore [NYT profile] said that his country's legal system would have great difficulty [BBC report] prosecuting the crimes due to the lack of an impartial judicial system. Earlier that month, a commission created by Guinea's junta announced that former Guinean junta aide Lieutenant Aboubacar Cherif "Toumba" Diakite is the sole government official to blame for the massacre [JURIST report]. The commission's conclusion contradicts a UN report [JURIST report] that blamed Camara, Minister for Special Services Moussa Tiegboro Camara, and Toumba for the September 28 slayings. In October, the ICC placed the Guinean military under preliminary investigation for human rights violations related to the Conakry incident, and the UN and Guinea both announced they were creating commissions to investigate [JURIST reports] the killings.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Honduras drops suit against Brazil for sheltering ousted president Zelaya
Hillary Stemple on May 20, 2010 2:56 PM ET

[JURIST] The International Court of Justice (ICJ) [official website] announced Wednesday that Honduras has dropped proceedings against Brazil [press release, PDF] relating to the June 2009 coup [JURIST report] in Honduras. The Honduran interim government began the proceedings [press release, PDF] last October in response to the sheltering of former Honduran president Manuel Zelaya [BBC profile; JURIST news archive] in the Brazilian embassy during the coup. The ICJ was informed earlier this month that the charges were being withdrawn, and the order was granted [text, PDF] last week.
Earlier this month, a Honduran truth and reconciliation commission [JURIST report] was tasked with understanding what happened before, during, and after the coup and making recommendations for the future. In January, Honduran President Porfirio Lobo [NYT profile] granted amnesty to both Zelaya and military leaders accused of participation in the coup. Also in January, the Honduran Supreme Court [official website, in Spanish] exonerated six military leaders [JURIST report] accused of abuse of power for their alleged role in the coup. In December, the Honduran Congress voted 111-14 not to reinstate [JURIST report] Zelaya. His ouster was the result of a judicial order [press release, in Spanish] that asserted Zelaya had broken Honduran law by attempting to conduct a controversial referendum on constitutional reform [JURIST report], contrary to a Supreme Court ruling.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

UK electoral commission calls for revision of voting law
Sarah Miley on May 20, 2010 2:44 PM ET

[JURIST] The UK Electoral Commission [official website] called Thursday for revisions to the voting laws [report, PDF; press release] after 1,200 voters were unable to cast ballots in the May elections even though they had arrived at the polling station before closing. The report found that local authorities allocated too many voters to certain polling stations and provided many locations with inadequate staffing. The commission stated that in addition to several administrative changes that must occur, the UK election laws should be revised to allow voters who are queued when polls close to cast their ballots. Electoral Commission Chair Jenny Watson expressed her concern with the findings:Our review found that some people who arrived before polls closed were unable to vote because Returning Officers did not have discretion to let them vote after 10pm. We are calling for urgent changes to electoral law so that any elector who is entitled to vote and who is queuing at a polling station at the close of poll will be allowed to vote. However, Returning Officers in the areas affected did not properly plan for, or react to, polling day problems. That is unacceptable. People in these areas were badly let down and have every right to be angry. Poll access and voting problems were reported in Sheffield, Manchester, Liverpool, Birmingham, Newcastle, and various parts of London.
Parliamentary elections have been a target for reform in the UK for many years. In February, former UK prime minister Gordon Brown on Tuesday proposed a referendum [JURIST report] to reform the nation's election system. Brown has proposed an alternative voting system in which voters would rank candidates in order of preference. In February 2009, legislation was proposed [JURIST report] that would allow the removal of members of the House of Lords [official website] for improper behavior. In 2007, then-UK prime minister Tony Blair pushed [JURIST report] for a half-elected, half-appointed House of Lords that removed all but 92 House members who still inherit their parliamentary seats. Proposals were initiated in 2006, with the release of a document by a cross-party working group on Lords' reform that hinted at a half-elected, half-appointed House with 450 Lords sitting in the chamber. In 2003, cabinet members rejected [BBC report] five different reform initiatives that varied from an entirely elected to entirely appointed House of Lords.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

France authorities arrest suspected Basque separatist leader
Sarah Miley on May 20, 2010 12:44 PM ET

[JURIST] Four suspected members of armed Basque separatist group ETA [BBC backgrounder; JURIST news archive] were arrested [press release, in Spanish] Thursday in France, including suspected ETA leader Mikel Kabikoitz Carrera Sarobe. The officers raided a residential block of the French city of Bayonne and arrested Sarobe along with two Spanish accomplices. Sarobe, a Spanish national, is alleged to be the military commander of the ETA and is the most wanted criminal in Spain, according to the Department of Interior [official website, in Spanish]. One detained accomplice was identified as Arkaitz Aguirregabiria del Barrio, who is deemed to be ETA's second in command and is wanted in France for the shooting of a police officer in March. ETA is listed as a banned terrorist group by the European Union and has been held responsible for more than 800 deaths over the past 40 years.
Spain and France have both made great strides recently in its attempts to limit ETA influence. In March, French prosecutors filed preliminary terrorism charges [JURIST report] against a suspected former leader of the ETA, along with two other people who are believed to be senior members of the group. A judicial source said that the charges against the alleged ETA members stem from preparations to commit a terrorist act, including theft, forgery, and illegal arms charges. That same month, the Spanish National Court sentenced [JURIST report] former Basque separatist party leader Arnaldo Otegi to two years in prison for promoting terrorism in a speech he gave. In January, Spanish judge Fernando Grande-Marlaska ruled [JURIST report] that ETA had tried three times to assassinate former Spanish prime minister Jose Maria Aznar in 2001 but had failed. Grande-Marlaska detailed the three assassination attempts [El Pais report, in Spanish] as part of a description of the alleged crimes of ETA leader Pedro Maria Olano Zabala, who was arrested in the Basque region earlier that month.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

UK government to reconsider US extradition of alleged hacker
Hillary Stemple on May 20, 2010 12:30 PM ET

[JURIST] A member of the newly formed UK coalition government indicated Thursday that the extradition of alleged hacker Gary McKinnon [BBC profile; advocacy website] to the US will be delayed. Home Secretary Theresa May [official profile] considered an adjournment request from McKinnon's legal team and agreed to delay [press release] a scheduled judicial review in order to determine if he is medically fit for extradition. McKinnon was arrested by British police in 2002 and indicted [text, PDF] by US authorities later that year on charges of hacking NASA, Department of Defense, Air Force, Army, and Navy computers in violation of US computer laws [18 USC s. 1030 text]. The British government granted the 2005 US extradition request, but McKinnon's lawyer appealed, alleging that US authorities had told McKinnon that if he did not plead guilty to the charges, he could be sentenced to life in prison since each of the seven counts against him is punishable by up to 10 years of imprisonment and a $250,000 fine [indictment press release]. McKinnon, who has Asperger's syndrome, lost an appeal [JURIST report] to the UK High Court in London last July. May has indicated [Times Online report] she will carefully consider the UK's extradition treaty with the US as well as McKinnon's medical history before she determines if the extradition order should stand.
The UK's new coalition government has shown a willingness to reexamine existing legislation. On Tuesday, the government announced they will review [JURIST report] 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 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 [advocacy 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."


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

US military launches investigation into Afghanistan civilian deaths
Sarah Miley on May 20, 2010 11:30 AM ET

[JURIST] The US Department of Defense [official website] announced [press release] on Thursday that US Forces-Afghanistan has launched an investigation into allegations that a "small number" of soldiers are responsible for the unlawful deaths of three civilians in Afghanistan. The Army's Criminal Investigation Command [official website] began the investigation earlier this month after receiving credible information from the soldiers' unit. No charges have yet been filed against the soldiers suspected in the unlawful deaths, but one soldier has been placed in "pre-trial confinement." The probe also includes investigation into allegations of illegal drug use, assault and conspiracy.
Collateral damage has been a major issue in both the Afghanistan and Iraq [JURIST news archives] wars. Last month, a military appeals court reversed the conviction [JURIST report] of US Marine Sgt. Lawrence Hutchins III for the 2006 killing of an Iraqi civilian, citing lack of a fair trial. Hutchins was serving an 11-year sentence, reduced from 15 years [JURIST report], for his role in the April 2006 kidnapping and murder of Iraqi civilian Hashim Ibrahim Awad in Hamdania [USMC materials; JURIST news archive]. He was convicted [JURIST report] in 2007 of murder, conspiracy to commit murder, making a false official statement, and larceny. Six Marines pleaded guilty [JURIST report] to charges related to their roles in the incident, which involved Awad being removed from his residence and killed, then arranged with a shovel and firearm to appear as if he were planting an improvised explosive device.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Australia state lawmakers defeat bill to ban burqa
Hillary Stemple on May 20, 2010 11:28 AM ET

[JURIST] The Legislative Council of the Parliament of New South Wales [official website] on Thursday voted 26-3 to end further debate [minutes, PDF] on a bill to ban the wearing of the burqa [JURIST news archive] and other face veils in public. The bill [materials], proposed by Christian Democrat Fred Nile [official profile], would have banned the wearing of the burqa in Australia's most populous state. Nile insisted the bill was aimed at protecting [AAP report] women's rights and improving security. Opponents, however, contended the bill would stigmatize Muslims and argued that the issue is not one of great importance. The bill's introduction came after a national debate on the issue following comments made by a conservative national senator [AFP report] calling for a national ban on the burqa.
Many jurisdictions are currently considering legislation that would ban the burqa. On Wednesday, the French Cabinet approved legislation [JURIST report] that would ban the wearing of the burqa or other face veils in public. On Tuesday, hearings began [CBC report] in Quebec's legislature on a bill introduced in March that would ban women from wearing full face veils from public services. Earlier this month, European Parliament [official website] Vice President Silvana Koch-Mehrin [official website, in German] expressed her support for a continent-wide burqa ban [JURIST report]. In April, the Belgian House of Representatives voted 136-0 to approve [JURIST report] a bill that would ban the burqa and other full face veils in public.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

US lawmakers release list of top copyright violators for 2010
Hillary Stemple on May 20, 2010 10:26 AM ET

[JURIST] The Congressional International Anti-Piracy Caucus [official website] on Wednesday released the 2010 International Piracy Watch List [text, PDF] naming China, Russia, Canada, Spain, and Mexico as the worst countries for protecting copyrighted information. The bipartisan caucus also released a list of the top websites hosted overseas [text, PDF] providing unauthorized access to copyrighted material. The report stressed the risk posed to the US economy [press release, PDF] when intellectual property is not protected. Committee co-chair, Senator Sheldon Whitehouse (D-RI) [official website], stated:International piracy of American intellectual property weakens a segment of our economy that long has supported innovation and great American jobs. Congress must work on a bipartisan basis to protect the creative industries and the jobs they support. The United States has been on the losing end of the largest theft of intellectual property in history. This must be stopped, and soon. The report also lists specific steps each country needs to take to ensure protection of intellectual property including increasing liability under the laws of the individual countries and implementing effective border measures to protect against illegal international distribution of copyrighted materials.
Earlier this month, the Office of the US Trade Representative (USTR) [official website] placed Russia, China, and Canada [JURIST report] on its Priority Watch List [text, PDF] of 12 countries that are not adequately protecting intellectual property rights [press release]. In March, the Canadian government pledged to strengthen copyright laws [JURIST report]. Last year, the USTR placed Canada on its priority watch list [JURIST report] for the first time. In January 2009, a dispute settlement panel of the World Trade Organization (WTO) [official website] found for the US [JURIST report] that large parts of China's intellectual property scheme are inconsistent with its obligations under several international treaties, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) [text].


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

UN SG calls for global ban on cell phone use while driving
Sarah Miley on May 20, 2010 10:08 AM ET

[JURIST] UN Secretary-General Ban Ki-moon [official website] on Wednesday banned all UN employees [UN News Centre report] from using cellular devices while driving in an effort to take the prohibition against cell phone use global. Ban is teaming up with US Secretary of Transportation Ray LaHood, US Ambassador Susan Rice [official profiles], and Jennifer Smith, president and co-founder of a national advocacy group, FocusDriven [advocacy website], to launch a global campaign to improve road safety by ending habits that distract the attention of drivers. Ban addressed reporters in New York, highlighting the danger [remarks] associated with the practice.Every year, more than 1.2 million people die on the roads around the world, and as many as 50 million others are injured. ... Studies indicate that using a mobile phone increases the risk of a crash by about 4 times. And yet in some countries up to 90 percent of people use mobile phones while driving. We must instil [sic] a culture of road safety. A culture in which driving while distracted - on the phone, or text messaging - is unacceptable. ... I want every driver in the world to get the message: Texting while driving kills. No SMS is worth SOS. The United Nations is leading by example. That is why I am issuing an administrative instruction aimed at promoting road safety, saving lives and prohibiting all drivers of UN vehicles from texting while driving. I thank the leaders here for being a driving force for road safety. Together, we have a message to all drivers of the world: Don't let using a mobile for a few seconds make you or others immobile for life. In March, the UN General Assembly [official website] proclaimed the period from 2011 to 2020 as the Decade of Action for Road Safety [press release] to encourage global efforts to halt or reverse the increasing trend in road traffic deaths and injuries around the world.
Several countries have been enacting cell phone use bans while operating motor vehicles in response to the increase in cell phone related accidents. In October, Ontario enacted a law banning the use of handheld devices [JURIST report] while driving, outlawing text messaging and talking on a cell phone while behind the wheel. Ontario joins other jurisdictions in Canada and the US to pass similar bans including Quebec, Nova Scotia, Newfoundland, Labrador, California, and New York. Earlier this October, US President Barack Obama signed [JURIST report] an executive order [text] making it illegal for federal employees or government contractors to use text messaging while driving. Despite numerous studies showing that drivers using handheld phones are more likely to get into a crash or near crash, some have criticized bans on using technology while driving. Dave McCurdy, CEO of the Auto Alliance [advocacy website], an automobile industry advocacy group, cautioned [Huffington Post op-ed] that increasing restrictions on technology use in automobiles may cross a threshold and hinder more than help. But the Auto Alliance's official position [press release] supports legislation that bans text messaging while driving.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|
| For more legal news check the Paper Chase Archive...
|
|
|