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Legal news from Wednesday, September 15, 2010 |
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Federal judges approve pilot project to televise civil trials
Sarah Miley on September 15, 2010 12:12 PM ET

[JURIST] US federal judges reached an agreement Tuesday on a pilot project allowing certain civil trials to be televised [press release]. Federal appellate judge David Sentelle [official profile] said that, while the details still needed to be worked out, the judges agreed that the faces of jurors and witnesses will not be recorded and that either party to the suit can opt out of the trial being televised. The Judicial Conference [official website], the principle policy-making institution for the federal courts, decided to commence the project after the US Supreme Court [official website] denied a request [JURIST report] by California district judge Vaughn Walker to have cameras record the trial that overturned Proposition 8, the California ban on same-sex marriage [JURIST news archives]. Sentelle stated that, even if the project was up and running during the trial, it would not have been televised since defenders of the ban refused cameras in the court room. A similar pilot project was initiated in the early 1990s and received welcoming reviews from many judges, but the Judicial Conference reinstated its ban on televised proceedings in 1994.
The Supreme Court ruled 5-4 in January that the Proposition 8 trial could not be broadcast on YouTube [website] because the district court did not follow proper procedure when enacting a rule permitting the broadcast. In staying the broadcast, the court ruled that there was a significant likelihood that the district court had not allowed enough time for the public to comment between proposing and enacting the rule, which ended a ban on recording court proceedings in certain cases. The court also found that the high-profile nature of the trial might intimidate witnesses and cause irreparable harm if the rule were not stayed. The Supreme Court itself has a longstanding ban on the use of cameras, but began releasing audio tapes of the proceedings after the Bush v. Gore [text] decision in 2000. Last month, Senator Arlen Specter (D-PA) [official website], who has long advocated televised Supreme Court proceedings, pledged a floor vote [Post-Gazette report] on the issue before he leaves office at the end of this term.


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France court rejects Rwanda extradition request for war crimes suspect
Daniel Makosky on September 15, 2010 10:10 AM ET

[JURIST] A French court on Wednesday declined to extradite Dr. Eugene Rwamucyo [personal website, in French] to Rwanda to face charges for his alleged involvement in the 1994 Rwandan genocide [BBC backgrounder; JURIST news archive]. The court also granted his release [AFP report]. The ruling is due to suspicions that Rwamucyo would not receive a fair trial in Rwanda, and is consistent with France's handling of previous Rwandan extradition requests. Rwamucyo was arrested in May by French authorities acting on an international warrant [INTERPOL warrant], which his family claimed was politically motivated [press release].
French authorities also arrested [JURIST report] the widow of assassinated Rwandan president Juvenal Habyarimana [Britannica profile], Agathe Habyarimana, in March on suspicions of complicity in genocide. That arrest came only days after French President Nicolas Sarkozy [official profile; JURIST news archive] visited Rwanda and said that he would cooperate [JURIST report] in finding those accused of genocide. Rwanda continues to try those involved in the genocide, as does the International Criminal Tribunal for Rwanda (ICTR) [official website; JURIST news archive]. The ICTR was established for the prosecution of high-level officials responsible for genocide and other serious violations of international humanitarian law during the Rwandan genocide. As of May 2009, it has rendered judgments or has trials underway [completion strategy report, PDF] for 68 suspects, with six suspects awaiting trials, one retrial and 13 fugitives.


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UN rights expert urges investigation into Darfur attack
Ann Riley on September 15, 2010 9:59 AM ET

[JURIST] UN Independent Expert on the situation of human rights in Sudan Muhamed Chande Othman called Tuesday for a thorough and transparent investigation [press release] into the early September attack in Northern Darfur [JURIST news archive] that left many civilians dead. The Janjaweed [Slate backgrounder] militia is suspected of conducting an attack on civilians [UN News Centre report] in a Tarabat village marketplace, killing more than 37 and injuring more than 50 people. The Sudanese Government provided no immediate comment on the situation. It is reported that government armed forces and rebel groups initially blocked [AP report] UN and African Union (AU) [official website] peacekeepers from entering the Tarabat viliage. Othman, who conducted a fact-finding report [statement] on Sudan in February, responded to the attack, saying:This incident should be investigated thoroughly and impartially and those responsible should be brought to justice. ... I am deeply disturbed about these killings which highlight the continuing deterioration of the situation in Darfur. In February, Othman noted that many people in Darfur lack access to justice [JURIST report] and that the government often detains people for significant periods of time without bringing charges against them and has failed to bring to justice those suspected of committing war crimes. Also in February, UN and Darfur government groups began work [JURIST report] on compensation for victims of the conflict in Darfur.
While violence has been declining in Darfur, the September incident is one of several recent clashes between Sudanese government forces, militias, and rebel groups marking unrest in the region since President Omar al-Bashir [BBC profile; JURIST news archive] was re-elected [JURIST report] in April. In July, the Pre-Trial Chamber I of the International Criminal Court (ICC) [official website] charged al-Bashir [case materials; JURIST report] with three counts of genocide [warrant, PDF] in relation to the Darfur conflict. The chamber found that there were reasonable grounds to conclude that Bashir had committed genocide against the Fur, Masalit and Zaghawa ethnic groups. The genocide charges were added to the seven counts of war crimes and crimes against humanity that were filed against Bashir [JURIST report] in March 2009. Also in July, Chief prosecutor of the ICC Luis Moreno-Ocampo [official profile] called for the arrest of al-Bashir [JURIST report], saying that he will eventually face trial before the ICC.


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Europe court rules Dutch police violated publication's right to protect sources
Daniel Richey on September 15, 2010 8:25 AM ET

[JURIST] Police in the Netherlands violated a Dutch magazine's right to free expression by compelling disclosure of documentary evidence relating to anonymous sources, the European Court of Human Rights (ECHR) ruled [judgment text] Tuesday. The unanimous ruling centered around a 2002 feature on illegal street racing published in the Dutch edition of Autoweek [media website, in Dutch], a property of Sanoma Uitgevers. The magazine's editorial staff promised anonymity to members of an underground racing group to gain access to a late-night race in the Dutch town of Hoorn, including photographs and interviews. Police suspected one of the cars appearing in the photos of being used as a getaway car in a string of bank robberies and demanded the magazine turn over all of the pictures the photographer had taken. When Autoweek refused, authorities arrested Editor-in-Chief Tonie Broekhuijsen. The magazine ultimately turned over a CD containing photographs taken at the race to Dutch prosecutors and filed suit seeking its return. The Dutch Supreme Court [official website, in Dutch] affirmed the state's right to the pictures. The ECHR panel said that the confiscation of the CD violated Article 10 of the Euorpean Convention on Human Rights [materials], which provides "the freedom ... to receive and impart information without interference by public authority." In a statement [text], the court said the process by which the Netherlands compelled disclosure of the pictures was "deficient":The most important safeguard [against violation of free expression rights] was the guarantee of review by a judge or other independent and impartial decision-making body. It should be carried out by a body separate from the executive and other interested parties, invested with the power to determine whether a requirement in the public interest overriding the principle of protection of journalistic sources existed prior to the handing over of such material and to prevent unnecessary access to information capable of disclosing the sources' identity if it did not. ... In the Netherlands ... that decision was entrusted to the public prosecutor rather than an independent judge. In terms of procedure the public prosecutor was a "party", who could hardly be seen as objective and impartial. In an Autoweek report [text, in Dutch] Tuesday, which reprinted the photos and an excerpt of the original story, Broekhuijsen said, "It's a matter of principle, and I am very pleased with this ruling."
Many recent disputes have arisen over freedom of the press in Europe, with the ECHR at the center of a number of them. Also Tuesday, the tribunal ruled [JURIST report] that Turkey failed to protect the life of well-known Turkish-American writer and journalist Hrant Dink [BBC obituary; JURIST news archive], failed to adequately investigate his murder and infringed on his right to freedom of expression. Dink, editor of the newspaper Agos [media website] was killed [JURIST report] in January 2007 after law enforcement officials had been informed that an assassination was likely but did not act on the information. In April, the ECHR ordered the government of Azerbaijan [JURIST report] to secure the immediate release of imprisoned Azeri journalist Eynulla Fatuallyev, who was jailed on what many international organizations claim are spurious charges. Last October, the court ruled that Turkish authorities violated [JURIST report] European human rights laws in shutting down four newspapers accused of publishing propaganda for the Kurdistan Workers' Party (PKK) [GlobalSecurity backgrounder] in a ruling also based on Article 10.


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UK military report finds detainee treatment in compliance with domestic, international law
Daniel Richey on September 15, 2010 7:25 AM ET

[JURIST] The UK military's handling of detainees in overseas operations is "in compliance" with UK and international law, according to a report [text, PDF] released Tuesday by the Ministry of Defense (MOD) [official website]. According to British Army Inspector Brigadier Robert Purdy, a nine-month investigation of legal documents, army procedures and testimony from personnel showed that UK forces' attitudes toward proper treatment of detainees have changed "significantly" in the two years since the 2008 release of the Aitken Report [text, PDF; BBC report], which attributed responsibility for the deaths of six Iraqi detainees in 2003 and 2004 to the actions of "a small number of individuals." According to the new report, proper handling of detainees "has been an issue that has received direct attention from commanders at all levels in the Army and MOD" since, and "soldiers clearly understand the basic procedures to follow" for the treatment of prisoners. Purdy did identify areas for improvementprimarily the need to more thoroughly ingrain standards for detainee treatment into the training of all soldiers, as opposed to just specialists. Ultimately, though, the assessment found little fault in UK military practices:There is positive assurance that the UK facilities in Afghanistan are run in compliance with applicable international law, UK regulations and Defence policy. No evidence was seen or obtained to suggest that pre-deployment and in-theatre training are failing to prepare forces to carry out detainee handling in accordance with the law and policy. On operations in Afghanistan, commanders are clearly focused on this issue; governance mechanisms are in place to monitor and assure detainee handling processes, with any allegations of improper behaviour (including complaints by the detainees themselves) being formally investigated. Also Wednesday, Amnesty International (AI) [advocacy website] announced [press release] that it and eight other advocacy groups have sent a letter [text, PDF] to Sir Peter Gibson, the head of a forthcoming UK government investigation [JURIST report] into alleged abuses of overseas detainees, calling on UK officials to conduct a transparent inquiry with the inclusion of victim testimony. "[The inquiry] must be independent, impartial and thorough," said AI Europe and Central Asia Director Nicola Duckworth. "[S]ecrecy cannot be used as an excuse to withhold embarrassing information from the public."
In July, a UK High Court of Justice allowed a lawsuit to proceed [JURIST report] that seeks to force the UK government to hold a public inquiry into torture allegations [JURIST news archive] made against the UK military during the occupation of Iraq. The suit was brought by 102 men who claim they were subjected to torture, including hooding, electrical shocks and sexual abuse while being held in UK detention centers. The court held that the accusers had adduced sufficient evidence to suggest that their treatment was systemic. The forthcoming investigation stems from a similar civil action, brought by 12 ex-detainees who allege that British agents participated in their abuse while they were held in prisons in Pakistan, Morocco and other countries. The UK will ask them to drop their lawsuits in exchange for possible compensation and a promise that the impending inquiry will fully investigate their claims. In June, the UK government indicated that it will issue a new set of regulations regarding the use of information obtained via torture [JURIST report] as claims of complicity in torture were made against the government in a Human Rights Watch (HRW) [advocacy website] report [materials] released the same day.


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