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Legal news from Thursday, October 28, 2010 |
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EU court reinstates ban on import of seal products
Sarah Posner on October 28, 2010 2:49 PM ET

[JURIST] The EU Court of Justice [official website] has reinstated a ban on the import of seal products, according to a ruling [judgment text, in French] released Thursday rejecting challenges by Canada's Inuit hunters and fur traders. Regulation (EC) No 1007/2009 [text, PDF], which recognizes seals as "sentient beings that can experience pain, distress, fear and other forms of suffering," and bans all imports containing seal products, took effect in August, but the Inuit hunters were temporarily exempted [JURIST report]. Judge Marc Jaeger ruled this week that the ban should be fully implemented, holding that the plaintiffs failed to demonstrate an imminent financial hardship resulting from the ban to warrant an application for interim relief:Therefore, the applicants have not established the seriousness of the alleged harm, as affects each of them individually, and this assumes that their expectations relative to the impractical character of the rules of execution are founded. Consequently, the condition related to the urgency cannot be considered as fulfilled as it concerns them. The ruling could be appealed [AFP report], but plaintiffs have not yet indicated whether they will do so.
Representatives of Canada's Inuit population sued the EU [JURIST report] in January, arguing that the hunting represented a traditional aspect of the Inuit's lifestyle. The Canadian government took action against the ban [press release] in November, initiating the World Trade Organization [official website] dispute resolution process by requesting consultations. The ban was implemented in September 2009 following extensive public pressure to end seal hunting by groups citing humanitarian considerations. More narrow European restrictions imposed in 1983 caused the industry to suffer a sharp decline. Commercial seal hunting is an economic and cultural staple for the Inuit, who contend that their methods are necessary and humane.


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UK intelligence chief defends using secrecy to protect national security
Maureen Cosgrove on October 28, 2010 11:52 AM ET

[JURIST] The head of the UK's Secret Intelligence Service (SIS) [official website] made a public statement Thursday defending the use of secrecy [text] for protecting national security, but also acknowledging concerns over some of the agency's adopted tactics. SIS Chief John Sawers [BBC profile] addressed questions about the value of a secret intelligence effort and whether the public could be confident that the SIS's work is "lawful, ethical, and in their interests." Of the three services forming the UK intelligence community, SIS,also known as MI6, specializes in operations abroad, dealing with threats and gathering intelligence from various sources around the world. In his speech, Sawer outlined the process the agency uses to obtain, report and protect intelligence information. He defended the SIS secrecy practices related to protecting British citizens from al Qaeda [JURIST news archive] terrorist operations, cyber threats and proliferation of nuclear weapons, and emphasized the importance of secrecy in facilitating long-range strategic intelligence and military support and security. The National Security Council and the 1994 Intelligence Services Act [text] set the legal framework for SIS conduct and ensure that the SIS is held accountable for its actions. Sawer formally communicated the SIS's position on torture [JURIST news archive]:Torture is illegal and abhorrent under any circumstances, and we have nothing whatsoever to do with it. If we know or believe action by us will lead to torture taking place, we're required by UK and international law to avoid that action. And we do, even though that allows the terrorist activity to go ahead. Finally, Sawer noted his concern about Parliament's decision to allow intelligence information in the courts without confidence of protection, but recognized the delicate balance between a duty to protect the public from security threats and the rights of citizens to raise complaints and have access to fair trials. This speech marks the first public address by a serving chief of the agency in its 101-year history.
This is not the first time the SIS has been forced to address the issues surrounding secrecy and torture. These issues were underscored in May when the England and Wales Court of Appeal [official website] handed down a judgment [text; JURIST report] overturning a ruling of a UK high court, which held that defendants, members of MI5 [official website] and MI6, could utilize a "closed material procedure" that would allow them to rely on certain evidence without disclosing it to opposing counsel or committing it to the public record. In February, an appeals court ruled [JURIST report] that the government must disclose several paragraphs [text] detailing the allegations of mistreatment of terrorist suspect Binyam Mohamed [JURIST news archive] that were previously omitted from an earlier ruling in his criminal trial. Mohamed was returned to the UK in 2009, four months after charges against him were dismissed [JURIST reports].


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Kuwait appeals court upholds acquittal of eight accused of planning attack on US base
Aman Kakar on October 28, 2010 11:51 AM ET

[JURIST] A Kuwaiti appeals court on Thursday upheld the acquittal of eight men accused of attempting to form an al Qaeda cell and planning to attack a US base 70 miles south of Kuwait City. The men were tried and acquitted by a lower court [JURIST report] in May, with two of the men, Mohsen al-Fadhli and Mohammad al-Dossari, being acquitted in absentia. Al-Fadhli has been wanted by Kuwaiti security forces for the past five years, and Al-Dossari is standing trial in Lebanon on charges of terrorism. Five of the remaining defendants were released from custody following the original acquittals, while the sixth defendant is currently serving a life sentence on unrelated terror charges. The court of appeals also upheld the lower court's ruling that the men had been tortured by the Kuwaiti security service. Adel Abdulhadi, a lawyer for the acquitted men, said that the defense team was considering suing [AFP report] the interior ministry for the alleged torture. The prosecution still has the option of appealing the acquittals [Reuters report] to Kuwait's highest court, although they have not yet indicated whether they will do so.
US courts have also conducted numerous trials for those accused of plotting against the military. In February, a US federal court convicted [JURIST report] Pakistani Aafia Siddiqui [JURIST news archive] on charges that she tried to kill US personnel on a base in Afghanistan where she was being held. Last year, a federal court sentenced five men [JURIST report] to life in prison for their roles on an attempted attack on Fort Dix [official website] in New Jersey. Also lyear, Iraqi insurgent Wesam al Delama, the first insurgent tried in US federal court, was sentenced to 25 years in prison [JURIST report] for planning attacks on US troops in Iraq.


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UN SG: Cambodia genocide court to decide on future of Khmer Rouge trials
Andrea Bottorff on October 28, 2010 11:01 AM ET

[JURIST] UN Secretary-General Ban Ki-moon [official website] said Thursday that the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website] will decide whether to prosecute additional Khmer Rouge [BBC backgrounder; JURIST news archive] officers. Ban spoke to reporters after visiting a genocide museum in Phnom Penh, ending a three-day trip [Phnom Penh Post report] to Cambodia, and said that the ECCC would decide if there will be more prosecutions as part of an "international judicial process." While speaking in front of the ECCC Wednesday, Ban called for those responsible to be held accountable [text] for the tragic events that allegedly caused the death of more than two million civilians between 1975 and 1979. Ban also praised [UN News Centre report] the ECCC's work in pursuing justice, even 30 years after the fall of the regime, and asked for the government's "full cooperation" with the tribunal and "complete respect for its judicial independence." Ban's support followed Wednesday's comments by Cambodian Prime Minister Hun Sen [BBC profile], in which Hun Sen said that the Cambodian government will not allow the UN tribunal to continue prosecuting [JURIST report] former Khmer Rouge officials because the cases disturb the country's ongoing peace process. Hun Sen was formerly a Khmer Rouge officer along with many of his closest allies.
Last month, the ECCC indicted [JURIST report] four former Khmer Rouge leaders. The indicted leaders, Ieng Sary [JURIST news archive], Ieng Thirith [case materials], Khieu Samphan [JURIST news archive] and Nuon Chea [JURIST report], have been detained since 2007 and are charged with crimes against humanity, genocide, grave breaches of the Geneva Conventions and offenses under the Cambodian Criminal Code 1956. In April, the ECCC dismissed appeals [JURIST report] by Ieng Thirith, Ieng Sary and Khieu Samp to block the extension of their provisional detention. The ECCC handed down its first conviction [JURIST report] of a former Khmer Rouge official in July. Kaing Guek Eav [case materials; JURIST news archive], also known as "Duch," was found guilty of crimes against humanity and of violating the 1949 Geneva Conventions. In August, lawyers for Duch filed a notice of appeal [JURIST report] of his conviction. Last month, the prosecution filed its own notice of appeal [JURIST report] seeking to increase Kaing's term of imprisonment. The prosecution identified three grounds for appeal, including a discernible error in the exercise of sentencing discretion, an error of law regarding cumulative convictions and an error of law regarding enslavement.


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UN children's rights expert urges US not to imprison Khadr
Jay Carmella on October 28, 2010 9:18 AM ET

[JURIST] The UN Special Representative of the Secretary-General for Children and Armed Conflict [official website] urged the US on Wednesday not to imprison [letter, PDF] Guantanamo Bay [JURIST news archive] detainee Omar Khadr [DOD materials; JURIST news archive]. Radhika Coomaraswamy [official profile], through a letter sent to the US military commission at Guantanamo Bay, requested that the US treat Khadr as a child solider. Coomaraswamy stated that Khadr meets the classic qualifications for being considered a child solider and that returning him to Canada for rehabilitation would be a better outcome than a US prison. The letter also emphasized the fact that the US has been a leading country in the battling the problems associated with child soldiers. She wrote:I would therefore urge the military commission members to consider international practice - practice supported by the US Government - that Omar Khadr not be subject to further incarceration but that arrangements be made for him to enter a controlled rehabilitation program in Canada. The terms of such a program can be worked out in consultation with child protection partners, psychologists and specialists in juvenile reintegration that can be agreed by the prosecution and the defense. Coomaraswamy added that, because Khadr's father was responsible for abuse and his recruitment, it only increases the harm [CBC report] done to him.
Khadr was originally detained for killing a US soldier in Afghanistan with a hand grenade in 2002 when he was 15. Earlier this week, Khadr pleaded guilty [JURIST report] to all five charges against him, including conspiracy, murder and aiding the enemy. In addition, Khadr signed a stipulation of fact [text, PDF] confirming that he was a member of al Qaeda, that he threw the grenade and that he felt "happy" when he learned an American soldier had been killed. Khadr sentencing trial began this week, and he could serve up to eight more years in prison with at least one of those years occurring at Guantanamo Bay. The agreement also included a condition that the US support Khadr's eventual application for transfer to Canada. Khadr becomes the first juvenile convicted by a war crimes tribunal since WWII. The guilty plea marks a reversal from Khadr's original stance that he would not accept a plea deal [JURIST report].


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FTC ends Google privacy inquiry
Erin Bock on October 28, 2010 8:33 AM ET

[JURIST] The US Federal Trade Commission (FTC) [official website] on Wednesday announced that it has ended an inquiry into internal policies and procedures at Google [corporate website; JURIST news archive] that led to the company inadvertently collecting data on unsecured wireless networks while photographing streetscapes for its Street View maps program. In a letter [text, PDF] sent to Google's counsel, FTC Director of the Bureau of Consumer Protection David Vladeck admonished the company for not knowing about the data collection until responding to a request for information and stated that there was a breakdown in the company's internal review process. Vladeck went on to state that, in light of Google's recent announcement [text] that it was addressing these concerns by appointing new staff and incorporating a formal privacy review process on developing technology and the fact that Google assured the FTC it did not use the data it had accidentally collected, the FTC was ending its inquiry into the matter.
Google's announcement had the opposite effect in the UK, where a statement that the company had collected entire e-mails, URLs and passwords caused the UK Information Commissioner's Office (ICO) [official website] to re-open its investigation [JURIST report]. The company could potentially face a fine of up to 500,000 pounds (USD $793,950). Other countries, including Canada, Australia and Spain [JURIST reports] have also launched their own investigations into the privacy breach. Earlier this month, Canadian Privacy Commissioner Jennifer Stoddart announced that Google was in violation [JURIST report] of the country's Personal Information Protection and Electronic Documents Act [text, PDF] (PIPEDA). In July, the Australian Privacy Commissioner announced [JURIST report] that its investigation revealed Google's actions violated the Australia Privacy Act [government backgrounder]. In response to these findings, Google issued an apology on its official Australian blog [text], and agreed to conduct a privacy impact assessment on any new Street View data collection activities in Australia and regularly consult with the privacy commissioner about personal data collection activities arising from significant product launches. In August, the South Korean National Police Agency (SKNPA) [official website, in Korean] raided the Google South Korean headquarters [JURIST report] in connection with accusations that the company had been illegally acquiring user data.


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