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Legal news from Monday, November 22, 2010




Serbia war crimes court convicts 2
Matt Glenn on November 22, 2010 3:46 PM ET

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[JURIST] The trial chamber of the Belgrade Higher Court's War Crimes Department convicted two men Monday whom prosecutors claim were involved in the deaths of about 700 Muslim civilians in 1992. The court sentenced former Zvormik mayor Branko Grujic [Bloomberg report] to six years in prison and former Zvormik local defense chief Branko Popovich to 15 years in prison for their roles in the torture and death of hundreds of Muslims in their hometown during the 1992-1995 Bosnian Civil War [JURIST news archive]. The pair was charged [indictment, PDF, in Serbian; JURIST report] in 2008 with using their positions to detain and kill civilians. The Office of the War Crimes Prosecutor [official website] announced it will appeal the sentences [press release, PDF], arguing that both sentences are too lenient and "are not in line with the defendants' responsibility, in terms of the number of victims involved, and in view of the size and brutality of the crime."

Serbia has undertaken an ongoing effort to apprehend those responsible for the atrocities that occurred in the region over the last two decades. Last month, the Belgrade Appeals Court overturned the war crimes conviction of former Bosnian officer Ilija Jurisic and ordered a retrial, ruling that the trial court had convicted him on insufficient evidence. In September, the War Crimes Chamber sentenced [press release, PDF; JURIST report] former paramilitary officer Zeljko Djukic [JURIST news archive] to 20 years in prison for his involvement in the deaths of 14 civilians in March 1999 during the 1998-1999 Kosovo war [BBC backgrounder; JURIST news archive]. In August, Croatian authorities extradited Sretko Kalinic to Serbia for his alleged connection with the 2003 assassination [JURIST reports] of former Serbian prime minister Zoran Djindjic [BBC obituary; memorial website, in Serbian]. In July, an extradition hearing [JURIST report] for former Bosnian president Ejup Ganic began in London to determine whether the former leader should be forced to face trial in Serbia for alleged war crimes. The continuing attempt to find all individuals responsible for the atrocities has created a new political tension [JURIST comment] in the region that most believe will not soon go away.




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China senior official urges lawyers to promote social justice
Carrie Schimizzi on November 22, 2010 3:38 PM ET

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[JURIST] A top Chinese official on Monday called on the country's lawyers to promote law enforcement and social justice [Xinhua report] and encouraged lawyers, prosecutors and government officials to build a community of support and respect. During a meeting attended by members of the country's law firms and bar associations, Zhou Yongkang [BBC profile], a member of the Standing Committee of the Political Bureau of the Central Committee of the Communist Republic of China [official website], urged Chinese lawyers to take on more pro bono cases and resolve conflicts in order to promote social well-being. Zhou also encouraged the country's courts to hire more lawyers to act as both judges and prosecutors.

The Chinese government has recently focused attention on ridding corruption [JURIST news archive] in official channels. In April, Zhou appealed [JURIST report] to the nation's judges to be impartial when issuing rulings. Speaking in front of a national meeting of high court presidents in the Shaanxi Province [official website], Zhou stressed the importance of fair and honest justice in order to build a country ruled by law. Also in April, the Intermediate People's Court in Chongqing sentenced [JURIST report] a former deputy police chief and high-ranking judicial official to death for accepting bribes, protecting criminal gangs, rape and being unable to justify his large amount of personal assets. In March, the Hebei Province People's High Court upheld a life sentence for former Supreme People's Court (SPC) vice president Huang Songyou, who had been convicted [JURIST reports] of bribery and embezzlement. Earlier that month, Wang called for increased efforts to fight corruption [JURIST report] in the country's court system. In January, the SPC announced new anti-corruption rules [JURIST report] in an effort to increase public confidence in the rule of law.




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Madagascar voters approve new constitution
Carrie Schimizzi on November 22, 2010 2:43 PM ET

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[JURIST] Voters in Madagascar have approved a new constitution that will lower the minimum age requirement for presidential candidates, according to provisional results released Monday by the country's electoral commission. According to preliminary results, nearly 74 percent of voters approved the constitution [Reuters report], which will keep President Andry Rajoelina [official profile, in French; BBC profile] in power and allow him to run in the next presidential election scheduled for May 2011. The referendum poll, which had an approximate 53 percent voter turnout, had been overshadowed by strong political protest. On Wednesday, General Noel Rakotonandrasana allegedly led a group of about 20 soldiers into the capital city and tried to take control [JURIST report] of government institutions and seize power from Rajoelina in a failed coup attempt. Former president Marc Ravalomanana [BBC profile], who was ousted last year by Rajoelina, supported the military action [AFP report] and saw it as an effort to promote democracy.

Madagascar has faced ongoing political unrest [Reuters timeline] for almost two years, and Rajoelina's regime has not been recognized by the international community. In August, a Madagascar court sentenced [JURIST report] Ravalomanana to life in prison with hard labor for ordering the killing of opposition protesters in February 2009. Ravalomanana, who has been living in South Africa since his overthrow in March of last year, was sentenced in absentia [BBC report] on charges of murder and accessory to murder in connection with the deaths of at least 30 people by his presidential guard. Ravalomanana has been convicted [JURIST report] three times since he left power, and his lawyer claimed that the trials have been politically motivated to keep him from returning to Madagascar and running for reelection. Earlier in August, the country's political parties gave proposed names [AFP report] for the country's next prime minister to Rajoelina and scheduled last week's constitutional referendum, parliamentary elections in March and a first round of presidential polls next May.




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Myanmar high court dismisses Suu Kyi suit over party dissolution
Matt Glenn on November 22, 2010 2:37 PM ET

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[JURIST] The Myanmar Supreme Court dismissed a lawsuit Monday filed by pro-democracy leader Aung San Suu Kyi [BBC profile; JURIST news archive] challenging the government's dissolution of her National League of Democracy (NLD) [party website], according to unnamed government officials. The court has not announced why the suit was dismissed [DPA report]. Suu Kyi filed the suit [JURIST report] last week, seeking to reverse the government's decision to formally abolish the party [BBC report] in May after it failed to register for elections that took place earlier this month. Suu Kyi asked the court to annul the part of the election law that bars political prisoners [JURIST report] from participating in elections and also to establish a parliament of lawmakers who won in the 1990 elections. Suu Kyi originally filed suit [JURIST report] with the court in April, but her claim was rejected. The dissolution was seen as political move by the military government in order to keep the NLD from participating in Myanmar's 2010 elections, the first in 20 years. Also Monday, reports emerged that Myanmar's government has suspended the publication of nine weekly news journals [News 24 report] that it deemed had given too much coverage to Suu Kyi's recent release from house arrest.

Suu Kyi's visit to the high court last week marked her first visit to Rangoon since the Myanmar Police Force [official website] released [JURIST report] her after almost eight years of house arrest. Her release came days after the Myanmar Supreme Court rejected an appeal [JURIST report] challenging the conditions of her house arrest. Though the challenge was originally scheduled to be heard in October, the court waited until after the controversial elections [JURIST report] to issue its ruling. It is anticipated that Suu Kyi will assist in a challenge [AP report] against the election results in which the ruling party maintained its hold on power, but the military government has warned [Telegraph report] against any kind of action by the opposition.




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Former Nazi prison guard dies while awaiting trial
Ann Riley on November 22, 2010 2:04 PM ET

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[JURIST] Accused Nazi guard Samuel Kunz [Trial Watch profile], 89, passed away in his home before he could be brought to trial for allegedly aiding in the killing of hundreds of thousands of Jewish people at the Belzec concentration camp [HRP backgrounder], according to statements by officials of the German District Court of Bonn [official website] on Monday. No further details as to his cause of death were released. Kunz, third on the Simon Wiesenthal Center [official website] most wanted list, remained free although he admitted to working at Belzec from 1942-1943. Israel Director of the Simon Wiesenthal Center Dr. Efraim Zuroff expressed frustration that Kunz was never brought to justice [press release]:
The fact that Samuel Kunz lived in Germany unprosecuted for so many decades is the result of a flawed prosecution policy which ignored virtually any Holocaust perpetrator who was not an officer. It was only the recent, long-awaited change in this policy which led to Kunz's indictment and the opportunity to hold him accountable for his crimes. We urge the German authorities to expedite all such cases, given the advanced age of the suspects, so that a measure of justice can still be achieved.
Kunz was accused of helping to murder 430,000 Jewish people [Al Jazeera report] during his time at Belzec and of shooting 10 other people in separate incidents.

Kunz was charged [JURIST report] in July by prosecutors of the German city of Dortmund. He maintained that he never personally murdered anyone [JTA report]. Kunz was also called as a witness in the case of fellow accused Nazi war criminal John Demjanjuk [NNDB profile, JURIST news archive]. The Ukrainian-born Demjanjuk faces 27,900 accessory accounts stemming from his alleged involvement as a guard at Sobibor concentration camp [Death Camps backgrounder].




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Germany court opens country's first piracy trial in 400 years
Ann Riley on November 22, 2010 1:43 PM ET

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[JURIST] The Hanseatic Higher Regional Court of Hamburg [official website, in German] on Monday commenced [press release, in German] the country's first piracy trial in 400 years against 10 accused Somali pirates [JURIST news archive] on Monday. The suspects are charged with hijacking a ship registered in Hamburg off the Horn of Africa and face maximum sentences of between 10 and 15 years in prison. The 10 accused pirates were arrested by the Dutch navy hours after they took over the "Taipan" on April 5. The container ship's crew hid in a panic room on board the ship and avoided capture by the pirates. The case is being held in a juvenile court [AFP report] as some of the accused were under 18 years old at the time of the attack. One individual claims that he was as young as 13, and, in Germany, criminal charges may not be imposed on individuals who are younger than 14. Presiding Judge Bernd Steinmetz instructed the court to assume the youngest pirate was at least 14 years old [Bloomberg report] at the time of the attack until the issue can be resolved.

Earlier this month, the US District Court for the Eastern District of Virginia [official website] began the first US piracy trial [JURIST report] in more than 100 years. In May, the Netherlands District Court of Rotterdam [official website, in Dutch] initiated the first modern European trial [JURIST report] of Somali pirates. The international community has been supporting actions taken against maritime piracy, but the UN has recently had to call for nations to assist Kenya in conducting piracy trials [JURIST report]. In April, the UN Security Council approved a resolution [JURIST report] calling on member states to criminalize piracy under their domestic laws as well as an announcement from the UN that a trust fund established to combat piracy will be funding five projects [UN News Centre report] in an effort to help Somalia and its neighbors reduce acts of piracy committed in nearby bodies of water. Piracy remains an issue of international concern, as few countries have been willing to prosecute suspected pirates. The few that have attempted to do so include Kenya, Mauritius, Yemen, Somalia and Spain [JURIST reports].




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Rights group calls for release of last UK Guantanamo detainee
LaToya Sawyer on November 22, 2010 12:49 PM ET

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[JURIST] Amnesty International (AI) [advocacy website] on Monday urged the US and the UK to work towards the release [press release] of the last British Guantanamo Bay [JURIST news archive] detainee, Shaker Aamer, whom AI claims is being arbitrarily detained. Aamer, a UK resident, has been held by the US since 2002 on claims that he was fighting with the Taliban. Currently in his ninth year of detainment, the US has yet to charge Aamer with any crime. AI's UK director, Kate Allen, called on Foreign Secretary William Hague and US officials to give a specific timetable for Aamer's release:
In the absence of charges or a proper trial we now need to see ... Mr Hague and the US authorities agreeing a specific timetable for Shaker's release. Dealing with what the government calls "legacy issues" in the "war on terror" must mean ensuring justice for Shaker. William Hague should make it a priority that he is returned to his family in Britain. At Amnesty we've always said that where the authorities suspect a person of terrorism they should be charged and given a fair hearing, but Guantanamo Bay has been an utter travesty of justice.
Hague and the US have been in discussions over Aamer's release, but no indications of his release have been made. The UK agrees that if Aamer is released, they will be wiling to accept him, as they did with former detainee Binyam Mohammed [JURIST report].

Aamer is one of 16 Guantanamo Bay detainees for whom the UK government recently announced a settlement [JURIST report] agreement for allegations of torture. Those allegations prompted the UK to launch an investigation into torture allegations in May, as well as issue a ruling that state intelligence agencies cannot use secret evidence [JURIST reports] in their defense against abuse. Aamer has been described as an activist within the Guantanamo detention center, negotiating with US military officials [Guardian report] over camp conditions and organizing hunger strikes when conditions did not improve. US President Barack Obama [official website] issued an executive order [JURIST report] in 2009 directing that the Guantanamo Bay military prison be closed "as soon as practicable, and no later than 1 year from the date of this order." Although progress is being made, there are currently 174 men still detained at the facility, the majority of whom have been there for more than eight years without facing charges.




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ICC begins trial of Congo rebel leader Bemba
Ashley Hileman on November 22, 2010 12:47 PM ET

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[JURIST] The trial of former vice president of the Democratic Republic of Congo (DRC) [BBC backgrounder], Jean-Pierre Bemba [case materials; JURIST news archive], began Monday in the International Criminal Court (ICC) [official website]. Bemba is on trial [Reuters report] for charges stemming from his activities as the military leader for the Movement for the Liberation of Congo (MLC). It is alleged that during 2002 and 2003, he committed two crimes against humanity and three war crimes in the territory of the Central African Republic (CAR) [BBC backgrounder]. While Bemba pleaded not guilty to all five charges, the prosecutors of the case intend to argue that his failure to control the troops he ordered into the CAR renders him criminally responsible for the rape and other crimes they committed there. Bemba is being tried [ICC press release] before three independent magistrates to ensure fairness and expediency. The trial, which had been postponed since April, can be viewed here [streaming video].

Last week, appellate judges of the ICC ruled [judgment, PDF] that the trial chamber must review [JURIST report] Bemba's continued detention in The Hague. This decision overturned the trial chamber's July ruling [text, PDF]. Pursuant to Article 60 of the Rome Statute [text, PDF], chambers are obligated to review an accused person's detention once every 120 days. Last month, the ICC affirmed [judgment, PDF] a trial chamber ruling and dismissed [JURIST report] Bemba's appeal challenging the admissibility of his case before the court. The court also concluded that its jurisdiction over the case did not violate a Rome Statute provision that prohibits the ICC from hearing cases after a country has decided not to prosecute the person concerned. The ICC held that the order issued by the CAR did not constitute a decision not to prosecute. In April, Bemba's lawyers argued before the court that charges against him should be dropped [JURIST report] because he had been denied due process and the charges were illegal. In addition, defense lawyers claimed that Bemba lacked the financial resources [JURIST report] necessary to ensure a fair trial. Bemba was arrested [JURIST report] in Belgium in May 2008 after the ICC issued a sealed warrant for his arrest.




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FBI reports hate crime decrease for 2009
Eryn Correa on November 22, 2010 10:58 AM ET

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[JURIST] The number of reported hate crime incidents and victims decreased in 2009, according to the FBI Hate Crime Statistics report [materials; press release] released Monday. The number of reported incidents was down to 6,604 from 7,783 in 2008, while the number of reported victims was down to 8,336 from 9,691. Of these incidents, 61 percent were against persons, while the remaining percentage were directed towards property, numbers that were consistent with the 2008 report [JURIST report]. For the both years, more than half of the hate crimes reported were racially motivated, while religious belief was the next largest targeted category. Although there was an increase in the number of federal agencies providing data, preventing an exact comparison of 2008 and 2009 statistics, the FBI [official website] is confident that its increased efforts in investigating hate crimes have brought about positive change. Special Agent Cynthia Deitle, the head of the FBI civil rights program in Washington, DC, said [press release]:
During 2010, the FBI devoted additional resources to combat hate crime in those cities most at risk for bias-motivated violence. Working in collaboration with state and local law enforcement agencies, as well as our non-governmental partners, we are confident we can mitigate the risks and impact hate crimes have on individuals and communities.
The FBI also cited additions to the Matthew Shepard and James Byrd, Jr., Hate Crime Prevention Act [text; JURIST news archive] as positive improvements that will aid FBI investigation of hate crimes.

In June, Canadian police reported a 35 percent increase in hate crimes [JURIST report] from 2007 to 2008. Conversely, Russian racial hate crimes decreased slightly in 2009 [JURIST report] because of increased police efforts, according to a report from the SOVA Center [advocacy website] in January. In December, the US Department of Justice [official websites] announced plans to increase its efforts to prosecute hate crimes [JURIST report].




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