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Legal news from Tuesday, September 14, 2010




Europe rights court rules Turkey failed to protect murdered journalist
JURIST Staff on September 14, 2010 4:55 PM ET

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[JURIST] The European Court of Human Rights (ECHR) [official website] ruled [judgment, in French; press release] Tuesday that Turkey failed to protect the life of well-known Turkish-Armenian writer and journalist Hrant Dink [BBC obituary; JURIST news archive], failed to adequately investigate his murder and infringed on his right of freedom of expression. The court ordered Turkey to pay €100,000 to Dink's wife and three children and €5,000 euros to his brother Hosref, as well as €28,595 for costs and expenses. Dink, editor of the newspaper Agos [media website], was shot and killed [JURIST report] in Istanbul in January 2007. In Tuesday's decision, the court noted that law enforcement officials in both Trabzon and Istanbul, Turkey, and the Trabzon gendarmerie, had been informed of the likelihood of an assassination attempt and even of the identity of the suspected instigators, but failed to act with information, thus depriving Dink of his right to life as envisaged in Article 2 of the European Convention on Human Rights [text, PDF]. The court also held that the investigation into Dink's murder was substandard, violating both Article 2 and Article 13—the right to an effective remedy. Finally, the court considered issues related to litigation against Dink prior to his death stemming from comments he made about the killing of Armenians by the Ottoman Empire in the early twentieth century. Here the court found a violation of the Article 10 right to freedom of expression, noting that a state must not just refrain from interfering in an individual's freedom of expression, but is also under a "positive obligation" to protect that person's right to freedom of expression from attack, even by private individuals.

Prior to his death, Dink was tried and then put on retrial [JURIST report] for "insulting Turkishness" by writing about the killing of Armenians during the Ottoman Empire. Dink's son Arat was convicted [JURIST report] of insulting Turkishness in October 2007 after he attempted to republish remarks made by his father before his murder. The prohibition against insulting Turkish identity is found in Article 301 [AI backgrounder; JURIST news archive] of Turkey's penal code [text, in Turkish]. The trial of suspects allegedly involved in Dink's murder began [JURIST reports] in July 2007.




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France senate approves burqa ban
Sarah Miley on September 14, 2010 2:08 PM ET

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[JURIST] The French Senate [official website, in French] on Tuesday voted 246 to 1 [press release, in French] to approve a bill [materials, in French] that would make it illegal to wear the Islamic burqa [JURIST news archive] or other full face veils in public. Under the legislation, women who wear the veil can be required by police to show their face, and, if they refuse, they can be forced to attend citizenship classes or be charged a USD $185 fine. The proposed legislation would also make it a crime to force a woman to cover her face, with a penalty of one year in prison and a fine of USD $18,555. The bill was approved [JURIST report] by the National Assembly [official website, in French] in July. The legislation will now be handed over to the the Constitutional Council [official website], which will have one month to confirm the law's legality. Those that oppose the legislation, such as Amnesty International (AI) [advocacy website], may still challenge the law [BBC report] in the European Court of Human Rights in Strasbourg, which has the ability to render a binding opinion on France.

Legislation banning the use of Islamic burqas has been a point of contention recently in many countries. Last month, Austria's conservative Freedom Party [official website, in German] called for a special vote [JURIST report] on whether to ban face veils and the construction of minarets, two of the most visible symbols of the Islamic faith. In July, Spain's lower house of parliament rejected a proposal [JURIST report] to ban the burqa and other full face veils by a vote of 183 to 162 with 2 abstaining. Also in July, UK Immigration Minister Damian Green [official profile] indicated in an interview that Britain's coalition government would not seek or support a British law banning the wearing of the Islamic burqa or other face coverings in public. Green stated that banning the burqa would not be consistent with British society, where mutual respect for differences among cultures is important.




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Blagojevich asks judge to override false statements conviction
Sarah Miley on September 14, 2010 1:38 PM ET

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[JURIST] Lawyers for former Illinois governor Rod Blagojevich [JURIST news archive] filed a motion Monday in the US District Court for the Northern District of Illinois [official website] asking the judge to throw out the sole conviction returned by the jury during his corruption trial last month. Blagojevich was found guilty [JURIST report] of making false statements to the FBI, but the jury remained deadlocked on the 23 additional charges. The motion stated that the government failed to meet its required burden of proof and that cross-examinations by the defense were plagued by "obstructionist" objections [Chicago Tribune report], which the court continuously sustained. Blagojevich's lawyers also noted that the judge could opt to set aside the verdict [AP report] and set a new trial for the former governor. The charges on which the jury was deadlocked included attempting to sell the Senate seat vacated by US President Barack Obama, making appointments based on anticipated campaign contributions and taking kickbacks from a number of companies.

In June, a federal judge denied a request [JURIST report] to delay the Blagojevich trial in order for his defense lawyers to review a decision by the US Supreme Court [official website] limiting the scope of the federal honest services fraud statute [18 USC § 1346 text]. Zagel held that the trial delay was unnecessary because the Supreme Court's decision in Skilling v. United States [Cornell LII backgrounder; JURIST report] was unlikely to affect Blagojevich's case. In April, the prosecution was ordered [JURIST report] to release a 91-page government proffer outlining evidence in its case against Blagojevich. In March, Blagojevich pleaded not guilty [JURIST report] to eight amended corruption charges. In January 2009, the Illinois State Senate voted unanimously [JURIST report] to convict Blagojevich of abuse of power and remove him from office. Blagojevich and his former chief of staff John Harris were initially arrested [JURIST report] in December 2008.




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Malawi ex-president Muluzi pleads not guilty to corruption, theft
Jay Carmella on September 14, 2010 11:34 AM ET

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[JURIST] Former president of Malawi Bakili Muluzi [BBC profile; JURIST news archive] pleaded not guilty Tuesday to charges of corruption and theft in the Malawi High Court [Britannica backgrounder]. Muluzi, who stepped down as president in 2004 following two five-year terms in office, is accused [Nyasa Times report] of 12 counts of corruption involving a person employed in public office for allegedly stealing 1.7 billion Malawi kwacha (USD $12 million). The money was donated to Malawi as aid from several countries, including Taiwan, Morocco and Libya. Muluzi contends that the charges are politically motivated by President Bingu wa Mutharika [BBC profile; JURIST news archive]. The trial, which has been repeated delayed because of Muluzi's health issues, is scheduled [Nyasa Times report] to begin on December 8.

Muluzi was arrested [JURIST report] in 2006 and originally charged with 42 counts of corruption, fraud and theft by the Malawi Anti-Corruption Bureau (ACB) [official website]. In May 2009, a court barred [JURIST report] Muluzi from participating in the upcoming presidential election. The court held that the Malawi Constitution [text] prohibits Muluzi from running for office after serving two consecutive five-year terms. In January 2009, the Supreme Court of Appeal struck down [JURIST report] an injunction that had stalled the investigation into the alleged theft. Mutharika has demonstrated his desire to see Muluzi punished for the alleged corruption. In August 2006, Mutharika called for the resignation of the Director of Public Prosecutions after he dropped [JURIST reports] the corruption charges against Muluzi on the eve of his original trial.




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UN report urges heightened regulation of US military contractors
Andrea Bottorff on September 14, 2010 11:08 AM ET

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[JURIST] A report presented Tuesday by the UN Working Group on the Use of Mercenaries [official website] urges the US to increase regulation of military contractors [text, PDF] employed worldwide, citing alleged human rights abuses and the contractors' lack of transparency and accountability. The UN Working Group met with US officials last summer to discuss the actions of US private military and security companies (PMSCs) and to make recommendations on its findings. The report proposes that the US amend the Military Extraterritorial Jurisdiction Act [text] to extend the country's criminal jurisdiction to PMSCs abroad, eliminate judicial immunity for PMSCs, pursue investigations into possible human rights abuses and enact the Stop Outsourcing Security (SOS) Act [materials] currently before Congress, which would gradually discontinue the use of PMSCs. According to the report, the predominately American PMSC industry generates up to $100 billion per year, constitutes about half of the US military forces sent to Iraq and Afghanistan and needs continued reform:
In the last few years, and largely in reaction to incidents involving PMSCs, the Government of the United States and Congress adopted various measures increasing the Government oversight over PMSCs and expanding and clarifying jurisdiction over offences committed by private militaries and security personnel operating abroad. The Working Group welcomes the adoption of these measures, which have improved the situation, but notes that much remains to be done to ensure effective oversight, accountability and legal remedy when human rights violations occur.
The American Civil Liberties Union (ACLU) [advocacy website], which testified during the UN Working Group's investigation, supported the recommendations and urged the Obama administration to pursue justice for victims [press release] of human rights violations committed by PMSCs.

The US has begun to place tighter restrictions on PMSCs employed in international conflicts. Last month, a judge for the US District Court for the District of Maryland [official website] denied a motion to dismiss [JURIST report] a lawsuit filed by a group of former Iraqi detainees against US military contractors. The lawsuit, Al-Quraishi v. Nakhla [case materials], filed in June 2008 [JURIST report], alleges that PMSC L-3 Services, Inc. [corporate website] violated US and international law by directing and participating in abuses at Abu Ghraib [JURIST news archive] and other Iraqi prisons. The defendants in the case had moved for dismissal in November 2008, claiming immunity under the laws of war and sovereign immunity, but Judge Peter Messitte rejected their claims and allowed the case to continue to discovery. In April, a federal grand jury indicted [press release] five former Blackwater [JURIST news archive] executives on charges [JURIST report] of weapons violations and lying to criminal investigators. In February, the New York Times reported that the Department of Justice [official website] is investigating [JURIST report] Blackwater, now known as Xe, to determine whether the company bribed the Iraqi government to allow it to continue operating in Iraq following 2007 shootings that killed 17 innocent Iraqi civilians [JURIST report].




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Poland ex-PM denies knowledge of CIA secret prison
Hillary Stemple on September 14, 2010 10:41 AM ET

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[JURIST] Former Polish prime minister Leszek Miller on Tuesday denied any knowledge of a secret CIA prison [JURIST news archive] in Poland. Miller's denial came after a former CIA agent confirmed that the agency tortured [Spiegel report] alleged USS Cole bomber Abd al-Rahim al-Nashiri [NYT profile] in 2002 at a secret prison in Poland. According to the agent, al-Nashiri was stripped naked and hooded before a gun and a drill were held close to his head. In addition to denying the existence of the prisons, Miller also stated that he believes claims of the prisons will jeopardize the safety of Polish citizens [Polskie Radio report] and members of the military currently serving in Afghanistan. Former Polish president Aleksander Kwasniewski has also denied the existence of the prisons. Both he and Miller maintain that they will not discuss the allegations of torture until the completion of an investigation into Poland's role in the US prisoner rendition [JURIST news archive] program.

In September 2008, the Polish government launched an investigation [JURIST report] into the allegations of a CIA-operated secret prison in the country. Allegations against Poland came in a June 2007 report [text; JURIST report] to the Council of Europe [official website] by Swiss Senator Dick Marty. The report concluded that numerous European governments had cooperated with the CIA program. In February 2007, the European Parliament condemned more than a dozen European states [JURIST report] for their roles in the program. Several nations have been accused of obstructing European probes into the secret prison allegations, including Poland [JURIST report], which allegedly housed the largest CIA detention facility in Europe [JURIST report].




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EU threatens legal action against France for Roma deportation
Carrie Schimizzi on September 14, 2010 9:21 AM ET

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[JURIST] The EU Commissioner for Justice, Fundamental Rights and Citizenship Viviane Reding [official profile] on Tuesday threatened legal action [press release] against France for its deportation of Roma [JURIST news archive], calling the initiative "a disgrace." Reding's statement, which came one day after French media leaked [Le Canard Social report, in French] an interior ministry circular document directing a priority of clearing Roma from illegal camps, criticizes France's discrimination against the Roma and insists that the systematic deportation of the ethnic group is "in violation of EU law." Reding stressed that the European Commission (EC) [official website] has been following the situation in France very closely. Reding said she was "appalled" by the contradicting statements made by French ministers Eric Besson and Pierre Lellouche, who previously assured [French Embassy report] the EC that specific ethnic groups had not been targeted:
I can only express my deepest regrets that the political assurances given by two French ministers officially mandated to discuss this matter with the European Commission are now openly contradicted by an administrative circular issued by the same government. Let me be very clear: Discrimination on the basis of ethnic origin or race has no place in Europe. It is incompatible with the values on which the European Union is founded. National authorities who discriminate ethnic groups in the application of EU law are also violating the EU Charter of Fundamental Rights, which all Member States, including France, have signed up to.
In response to Reding's statements, French Foreign Ministry [official website] spokesperson Bernard Valero expressed [AP report] his "astonishment" at the accusations. Reding says that the next step for the European Commission will be legal sanctions against France, including infringement proceedings for a discriminatory application of the Free Movement Directive [text, PDF]. Formal legal proceedings are expected in the coming weeks.

France has defended its handling of the Roma [Telegraph report], saying only few cases result in forced deportation and that France was helping those displaced reintegrate into their countries of origin. In August, the UN Committee on the Elimination of Racial Discrimination (CERD) [official website] concluded its 77th session by expressing concern [JURIST report] with the discrimination faced by Roma migrants in numerous European countries, focusing on France's recent expulsion policy. Also in August, the EU Parliamentary Group of the Progressive Alliance of Socialists & Democrats accused France of violating EU law [JURIST report] with its expulsion policy. In July, French President Nicolas Sarkozy [official website, in French] ordered measures against illegal Roma communities in France and announced legislation [JURIST report] that would make deportation easier. At the time, the French government aimed to dismantle half of illegal Roma camps within three months and to immediately deport all those found to have broken the law.




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Accused plane bomber fires lawyers, inquires about possible guilty plea
Hillary Stemple on September 14, 2010 8:39 AM ET

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[JURIST] Nigerian national Umar Farouk Abdulmutallab [BBC profile; JURIST news archive], accused of attempting to set off an explosive device on a flight last December, fired his lawyer on Monday and inquired about the process for pleading guilty. Abdulmutallab indicated to the US District Court for the Eastern District of Michigan that he did not believe his lawyers were serving his best interest [Reuters report] and that he would prefer to represent himself. Federal Judge Nancy Edmunds cautioned Abdulmutallab about proceeding without representation and questioned him for approximately 30 minutes regarding his knowledge of the law and criminal procedure. She ultimately allowed Abdulmutallab to dismiss his court-appointed lawyers, although she indicated that she believed the decision was not wise. Edmunds appointed a lawyer to act as an adviser [CNN report] to Abdulmutallab and told him that the lawyer would be able to advise him regarding the proper procedure for pleading guilty. Proceedings in the case are scheduled to resume October 14.

Abdulmutallab faces multiply charges relating to the attempted bombing. In January, he pleaded not guilty after being indicted [JURIST reports] on six counts for allegedly attempting to set off an explosive device on Northwest Airlines Flight 253 bound from Amsterdam to Detroit. The charges [JURIST report], filed in December, include attempted use of a weapon of mass destruction, attempted murder within the special aircraft jurisdiction of the US, willful attempt to destroy or wreck an aircraft, willfully placing a destructive device on an aircraft, use of a firearm/destructive device during and in relation to a crime of violence, and possession of a firearm/destructive device in furtherance of a crime of violence.




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UN rights chief chides world powers over human rights records
Hillary Stemple on September 14, 2010 7:29 AM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official website] on Monday opened the fifteenth session of the UN Human Rights Council (UNHRC) [official website] by addressing human rights violations [statement] in countries including the US, France, China and Russia. Pillay began her remarks by noting the current condition of human suffering caused by natural disasters, violence and attacks on individuals and by reiterating the need for protection of human rights in both emergencies and on an ongoing basis. She stressed the importance of human rights groups, social activists and journalists in calling attention to rights violations and the danger these groups face as a result of their work. Pillay specifically addressed human rights in China [JURIST news archive] and the decrease in social activism due to recently implemented laws. She also addressed Russia's lack of progress in bringing perpetrators of violence against journalists and rights workers to justice. In a statement addressed toward the US, Pillay noted that countries must be allowed to protect their citizens from terrorist threats, but that "anti-terrorism measures should never imperil human rights and due process." Pillay also chided the approval of new French policies toward the Roma migrants [JURIST news archive], stating that the measures would "only exacerbate the stigmatisation of Roma and the extreme poverty and exclusion in which they lived."

Last month, the UN Committee on the Elimination of Racial Discrimination (CERD) [official website] concluded its 77th session by expressing concern [text; JURIST report] with the discrimination faced by Roma migrants, specifically the French exclusion policy. Also last month, the EU Parliamentary Group of the Progressive Alliance of Socialists & Democrats accused France of violating EU law [JURIST report] with its expulsion policy. In July, French President Nicolas Sarkozy [official website, in French] ordered measures against illegal Roma communities in France and announced legislation [JURIST report] that would make deportation easier. At the time, the French government aimed to dismantle half of illegal Roma camps within three months and to immediately deport all those found to have broken the law.




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