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Legal news from Monday, August 9, 2010 |
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Thailand court opens trial against ruling party
Dwyer Arce on August 9, 2010 3:10 PM ET

[JURIST] The Constitutional Court of Thailand [GlobaLex backgrounder] on Monday conducted the first hearing in the electoral fraud trial of the ruling Democrat Party [party website, in Thai]. The case, brought in June [JURIST report] by the Election Commission of Thailand [official website], could result in the dissolution of the party and the exclusion of its leaders, including current Prime Minister Abhisit Vejjajiva [official website, in Thai; BBC profile], from politics for five years. The commission alleges the party violated [Bangkok Post report] the Political Party Act [LoC backgrounder] by misusing 29 million baht (USD $907,000) of public campaign funds by over-reporting expenses for campaign purchases during the 2005 election. The court heard the testimony of two members of the Department of Special Investigation and Puea Thai Party [party website, in Thai] MP Kiatisak Menasawat at the opening of the trial and is expected to call a total of 15 witnesses. The next hearing in the case is scheduled for August 23, and the court is expected to hand down its decision in October. The Democrat Party is also being investigated [AP report] in relation to unreported corporate donations of 258 million baht (USD $8.1 million).
In April, the Election Commission called for the dissolution of the ruling party for failing to report donations and alleged misuse of those donations. The commission's decision came amid some of the deadliest political clashes Thailand has experienced in nearly two decades, as Thai protesters, known as red shirts [BBC backgrounder; JURIST news archive], called for new elections and Vejjajiva's resignation. Thailand's chief of the army, General Anupong Paojinda, has given his support [Bangkok News report] to the opposition's call for new elections in a hope that dissolution will provide an end to the current standoff between the Abhisit government and the opposition. In 2008, former prime minister Samak Sundaravej [BBC profile] and his cabinet were ousted following a guilty verdict [JURIST report] from the Constitutional Court on the charge that Samak violated the constitution when he accepted payment for his appearance on a television cooking program.


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BP, DOJ complete negotiations on $20 billion oil spill victim fund
Daniel Richey on August 9, 2010 2:49 PM ET

[JURIST] British Petroleum (BP) [corporate website] and the US Department of Justice (DOJ) [official website] on Monday announced [DOJ press release; BP press release] the completion of negotiations over the implementation of a $20 billion fund [JURIST report] to aid victims of the Deepwater Horizon oil spill [BBC backgrounder; JURIST news archive] in the Gulf of Mexico. The White House has tapped Washington lawyer and special master for compensation Kenneth Feinberg [WP profile] to manage claims from the fund. BP has appointed two trustees to administer the fund, former US district judge for the Southern District of New York [official website] John Martin and Washington University Law School [academic website] dean Kent Syverud [official profile]. Associate Attorney General Tom Perrelli stressed that, while the deal is an important first step to compensating victims of the spill, much work has yet to be done:We are pleased that BP made an initial contribution and has taken an important step toward honoring its commitment to the President and the residents and business owners in the Gulf region. We have made clear that the company still needs to ensure that the necessary funds will be available if something happens to the subsidiary that established the trust and we look forward to completion of an appropriate security arrangement in the near future. At the completion of the deal, BP made a $3 billion initial deposit into the fund, with another $2 billion planned for the fourth fiscal quarter of 2010.
Numerous lawsuits are pending against BP in connection with the Deepwater Horizon spill. In July, a class-action lawsuit [complaint, PDF; JURIST report] was filed against the company in a Louisiana state court alleging that the its negligent actions led to the spill and that BP was further negligent in its oversight of the cleanup effort, resulting in volunteers falling ill due to inadequate protective equipment. In June, two lawsuits were filed against BP [JURIST report] alleging violations of the Racketeer Influenced Corrupt Organizations (RICO) [18 USC § 1961 et seq.] statute. The lawsuits allege that BP purposefully defrauded the American public in order to increase company profits. Also in June, Attorney General Eric Holder [official website] announced that the DOJ is reviewing whether any civil or criminal laws were violated [JURIST report] by BP resulting in the oil spill. Holder cited several statutes being examined by government lawyers, including the Clean Water Act and the Oil Pollution Act of 1990 [materials]. In May, DC-based consumer advocacy organization Food and Water Watch (FWW) [advocacy website] filed suit [JURIST report] in a US district court against the US Department of Interior (DOI) and the Minerals Management Service (MMS) [official websites] for an injunction to halt drilling at BP's Atlantis facility, another Gulf of Mexico site.


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Iran court sentences Baha'i community leaders for espionage
Dwyer Arce on August 9, 2010 1:03 PM ET

[JURIST] An Iranian court on Sunday sentenced seven Baha'i leaders [case backgrounder] to 20-year prison terms on charges of espionage. The seven were convicted of espionage [AFP report], propaganda activities against the Islamic order, the establishment of an illegal administration and cooperation with Israel. All seven have denied the charges and have appealed the decision. The seven, all members of a national coordination committee for the Baha'i [religious website] community in Iran, were arrested in 2008. Their arrest and subsequent trial prompted international criticism and calls for their release from the US government, UN rights bodies [statements] and governments worldwide. There are 300,000 Baha'i living in Iran, comprising Iran's largest non-Muslim minority. There are an estimated seven million members worldwide. The religion is considered heretical by the Iranian government, and the Baha'i have also faced legal restrictions on their activities in Egypt since the 1960s.
In October, the US State Department [official website] released its annual Report on International Religious Freedom [JURIST report], criticizing the Iranian government's treatment of the Baha'i community. The report found that Baha'i face arbitrary arrest and prolonged detention and have been targeted by negative campaigns in government-run media. The report also noted that, because the Baha'i are not one of the religious groups recognized by the Iranian Constitution [text], they are not free to practice their beliefs and are prohibited from holding any position in the government or military. According to the report, the Baha'i are considered apostates and often face charges of cooperation with Israel because the Baha'i world headquarters are located in Haifa.


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Maldives AG resigns as parliament refuses to seat Supreme Court
Daniel Richey on August 9, 2010 11:44 AM ET

[JURIST] Maldavian Attorney General Husnu Al-Suood [official website] resigned [press release] Sunday after the People's Maljis [official website] failed to approve legislation to make the fledgling democracy's interim Supreme Court [official website] permanent. In his resignation letter, Al-Suood accused the opposition-controlled legislature of having "deliberately not attended to its duties," making it impossible for the Attorney General's Office to function. Maldavian President Mohamed Nasheed [official profile] responded Sunday by issuing a decree creating a substitute interim body to fulfill the basic administrative duties of the Supreme Court. Press Secretary Mohamed Zuhair chastised the legislative opposition for its failure to permanently institute the court:The Majlis failed to get its work done on time. This left the President with two options: allow the country to have no Supreme Court at all, or issue a decree so at least the administrative functions of the Supreme Court can continue. The President chose the latter option. We hope Majlis members will hurry up and pass the required legislation so the court can function as envisaged under the Constitution. On Monday, the nation's high Civil Court ruled [Miadhu report] that the interim Supreme Court cannot be disbanded before the establishment of a permanent Supreme Court and called on the Maldives National Defense Force [official website] to turn over the courthouse keys.
The Indian Ocean archipelago nation has continued to descend into legislative crisis since embracing Western-style democracy and ratifying a new constitution [JURIST report] in late 2008. Nasheed defeated longtime political opponent Maumoon Abdul Gayoom, who had jailed him numerous times during his 30-year rule. However, Nasheed's ruling Maldavian Democratic Party holds only 32 of 77 seats in the parliament, while the opposition Dhivehi Raithunge Party [party websites] holds 36. Opposition legislators have stonewalled the ruling party's entire legislative agenda, leaving certain crucial provisions of the new constitutional system unestablished. The gridlock became so disruptive in June that Nasheed's entire cabinet resigned [BBC report]. Replacement appointments have been made, but have yet to be ratified by the parliament. The Maldives Constitution [text, PDF] provides for multi-party elections, an independent judiciary and a more powerful legislature. It also enumerates fundamental rights of citizens and establishes several special commissions on issues relating to human rights and corruption. The new constitution was drafted in response to international criticism [AI report, PDF] of 2003 government actions against protesters of prison conditions in the country.


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Australia racial discrimination violates international obligations: report
Dwyer Arce on August 9, 2010 10:31 AM ET

[JURIST] Amnesty International Australia (AIA) [advocacy website] on Monday criticized the Australian government [report, PDF; press release] for not taking greater measures to eliminate racial discrimination, violating its obligations under international law. The charges were made in a report to the UN Committee on the Elimination of Racial Discrimination [official website], the body that oversees the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination [text]. According to AIA, ongoing policies and initiatives by the Australian government violate the Convention and the UN Declaration on the Rights of Indigenous Peoples [text], which was endorsed by Australia last year [JURIST report]. AIA noted that the government had still not implemented legal reforms creating rights against discrimination. The rights organization cited several provisions of the Australian Constitution [text], which it claims violate Australian obligations under international law, including those allowing for Australian states to disenfranchise entire racial groups and empowering the national parliament to legislate along racial lines. According to AIA, Australian policies toward asylum seekers and refugees also violate its treaty commitments by discriminating based on national origin and allowing for the indefinite detention of undocumented and stateless persons. AIA also pointed to the continuing discrimination against indigenous peoples in its report, finding the Northern Territory National Emergency Response Act (NTER) [text, PDF] to be the most pressing discriminatory policy, interfering with almost every aspect of indigenous life. AIA explained:[T]he Government ... must reinstate full legal protections against racial discrimination. It must also put an end to any intervention measure that does not comply with the Convention. Refusing to process visa applications from asylum seekers fleeing oppression in war-torn Afghanistan is completely unacceptable. The discrimination within these procedures must be eliminated. It's up to all of our political leaders to make sure their policies comply with the Convention on the Elimination of Racial Discrimination. AIA also found several positive steps taken in recent years by the Australian government. These include an official apology to indigenous victims of the Stolen Generation [TIME backgrounder] and initiatives to increase indigenous health and life expectancy.
In June, the Australian government reinstated its Racial Discrimination Act (RDA) [JURIST report] in the Northern Territory. The discrimination laws were suspended by the NTER in 2007 in order to allow governmental authorities to regulate how welfare money was spent by the indigenous people of the country. Under NTER, regulators were able to intervene in indigenous areas by setting aside a portion of the welfare benefits received for rent, food and medical care in order to prevent the designated money from being spent on alcohol. The reinstatement of the RDA allows the regulation of welfare payments to remain in place, but the regulations will be applied to both indigenous and non-indigenous citizens living in the Northern Territory. The discriminatory nature of the NTER has been widely criticized. In March, UN special rapporteur James Anaya condemned the law [press release], calling it problematic from a human rights point of view.


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Israel complied with international law in flotilla raid: PM
Dwyer Arce on August 9, 2010 8:45 AM ET

[JURIST] Israeli Prime Minister Benjamin Netanyahu [official website; BBC profile] testified Monday that Israel did not violate international law [transcript] during the May flotilla incident [JURIST news archive], in which Israeli forces raided several Turkish ships bound for the blockaded Gaza Strip [BBC backgrounder]. His testimony was the first heard before the Turkel Commission, a civilian investigatory commission created by the Israeli government [JURIST report] in June. During his testimony, Netanyahu expressed confidence that the commission would find Israeli actions to be in compliance with international law and explained the Israeli response to the flotilla in the context of the ongoing conflict between Israel and Hamas [GlobalSecurity backgrounder]. Netanyahu continued to accuse Hamas of "at least four war crimes: inciting to genocide; systematically and intentionally firing on civilians; using civilians as human shields; and preventing visits by the Red Cross to kidnapped IDF soldier, Gilad Shalit." Netanyahu urged the commission to consider Hamas' war crimes in its investigation:These are not merely past crimes. They are being committed today as well, and I hope this Commission will deem it appropriate to emphasize these points in its report. I ask this only because other commissions, which claimed that the question of human rights and international law were so dear to their hearts, for some reason almost entirely ignored these central issues. I am convinced that a credible investigation like yours - independent, transparent, impartial and responsiblewill certainly not ignore them. Additionally, he stated that the humanitarian crisis of Gaza was a fiction perpetuated by Hamas. A crisis had been avoided by the policies of his government: "There was no hunger in Gaza and there was no lack of medicines or other essential items," Netanyahu explained.
In June, Netanyahu appointed former Israeli Supreme Court justice Yakov Turkel to head an internal probe, approved by the Israeli cabinet that month. The Israeli government has agreed to cooperate with the international commission appointed by UN Secretary-General Ban Ki-moon [official website] last week. The panel will consist of four members, including former New Zealand premier Geoffrey Palmer [official profile], former Colombian president Alvaro Uribe [BBC profile] and two other members, one appointed by Israel and the other by Turkey. Ban described the panel as "unprecedented," and stated his hope that the "agreement will impact positively on the relationship between Turkey and Israel as well as the overall situation in the Middle East." Earlier this month, an Israeli military probe found insufficient intelligence and planning [JURIST report] in the raid in a report, but also concluded that no punishments were necessary. Israeli forces raided six ships attempting to deliver more than 10,000 tons of aid to Gaza in May. The raid left numerous wounded and resulted in the deaths of nine pro-Palestine activistseight Turks and one American.


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