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Legal news from Thursday, December 16, 2010




Europe rights court rules against Ireland abortion ban
John Paul Putney on December 16, 2010 4:38 PM ET

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[JURIST] The European Court of Human Rights (ECHR) [official website] ruled [judgment text] Thursday that Ireland failed to provide "effective and accessible procedures" to allow a Lithuanian women to assert her constitutional right to a lawful abortion [JURIST news archive]. Ireland has some of the most conservative abortion laws in Europe, prohibiting abortions except where there is a real and substantial risk to the life of the mother [NYT report]. The case came before the court [JURIST report] after three women filed suit alleging their rights were violated when they were forced to travel abroad for an abortion in 2005. Since a 1983 referendum, unborn children are afforded equal constitutional rights as mothers [Guardian report]. In 1992, the Ireland Supreme Court [official website] ruled that abortion was legal in Ireland when the mother's life was at risk, but the ECHR noted that doctors are loathe to counsel patients on the matter because they run the risk of "criminal conviction and imprisonment" if a doctor's medical opinion is subsequently overruled by another opinion. The ECHR stopped short of holding that abortion was an unlimited right, stating:
The Court has also previously found, citing with approval the case-law of the former Commission, that legislation regulating the interruption of pregnancy touches upon the sphere of the private life of the woman, the Court emphasising [sic] that Article 8 cannot be interpreted as meaning that pregnancy and its termination pertain uniquely to the woman's private life as, whenever a woman is pregnant, her private life becomes closely connected with the developing foetus. The woman's right to respect for her private life must be weighed against other competing rights and freedoms invoked including those of the unborn child.
The ECHR ruling is binding on Ireland, and Health Minister Mary Harvey acknowledged that new legislation will be necessary to give effect to the ruling [Reuters report], indicating it will take some time because of its complex and sensitive nature [Irish Times report]. That burden may fall on the incoming government following elections in March. Both pro-life and pro-choice groups have claimed the ECHR ruling as a victory.

Abortion has long been a hotly contested issue domestically and internationally. On Tuesday, an Alaska Superior Court judge refused to block a law requiring parental notification for women under the age of 18 [JURIST report] to have an abortion. Last Month, Colorado voters struck down a ballot initiative [text, PDF] that would have amended the state's constitution [text] to extend rights to fetuses and would have effectively outlawed abortion [JURIST report]. Earlier this year, reform to Spain's abortion laws sparked widespread protests and elicited a constitutional challenge [JURIST reports] from Spain's conservative Popular Party.




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Guantanamo detainee asks Poland to probe alleged CIA secret prison
Jaclyn Belczyk on December 16, 2010 4:14 PM ET

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[JURIST] Lawyers for Guantanamo Bay detainee Abu Zubaydah on Thursday asked Polish prosecutors to investigate claims that he was abused in a secret CIA prison [JURIST news archives] in the country. Zubaydah, a top al Qaeda suspect, alleges that he was transferred to Poland and subjected to enhanced interrogation techniques. Zubaydah's lawyer said he is hoping that his client's case will be investigated in conjunction with an investigation [JURIST report] into the alleged mistreatment of accused USS Cole [JURIST news archive] bomber Abd al-Rahim al-Nashiri [NYT profile]. Both Zubaydah and al-Nashiri remain in detention at Guantanamo.

In September, former Polish prime minister Leszek Miller denied any knowledge [JURIST report] of a secret CIA prison in Poland and indicated that he will not discuss allegations of torture until the Polish government's investigation is complete. 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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Federal judge sentences JFK Airport bomb plotter to life in prison
Jaclyn Belczyk on December 16, 2010 1:47 PM ET

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[JURIST] A judge for the US District Court for the Eastern District of New York [official website] on Wednesday sentenced former Guyana parliament member Abdul Kadir to life in prison [FBI press release] for plotting to blow up John F Kennedy International Airport [official website]. Kadir and coconspirator Russell Defreitas, originally arrested [JURIST report] in 2007, were convicted by a federal jury in July on charges of conspiracy to attack a public transportation system, conspiracy to destroy a building by fire or explosive, conspiracy to attack aircraft and aircraft materials, conspiracy to destroy international airport facilities and conspiracy to attack a mass transportation facility. A third conspirator, Abdel Nur, pleaded guilty in June to supporting the plot and faces a sentence of up to 15 years. A fourth member of the plot, Kareem Ibrahim, faces trial on the same charges as Kadir. US Attorney Loretta Lynch said, "'[t]he sentence imposed on Abdul Kadir sends a powerful and clear message. We will bring to justice those who plot to attack the United States of America."

According to the original complaint [text, PDF], the plot was intended to "cause greater destruction than in the Sept. 11 attacks," according to one of the suspects. The plot could have destroyed parts of New York's borough of Queens [official website], where an underground fuel pipeline serving the airport runs. Authorities were tracking the plot for more than a year before making the arrests. Defreitas had said he formed the plot more than a decade ago when he worked as a cargo handler. He said he chose the airport because its destruction would put "the whole country in mourning."




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Accused plane bomber facing additional federal charges
Andrea Bottorff on December 16, 2010 1:20 PM 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, was arraigned Thursday in the US District Court for the Eastern District of Michigan [official website; case materials] on two new federal charges. A federal grand jury charged Abdulmutallab Wednesday on two new counts of conspiracy and firearm possession, in addition to the six previous charges [JURIST report] of 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. Federal Judge Nancy Edmunds granted Abdulmutallab's request to represent himself, but also appointed a standby lawyer who will have access to discovery materials, saying that the appointment was necessary because of Abdulmutallab's lack of training in US law [TNN report]. Edmunds scheduled the next pretrial hearing for January 12 and set a deadline of February 26 for pretrial motions.

Abdulmutallab fired his court-appointed lawyers [JURIST report] in September, accusing them of not serving his best interest and saying that he preferred to represent himself. 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. In June, Edmunds denied a motion [JURIST report] filed on behalf of the Nigerian government seeking to formally observe Abdulmutallab's trial, stating that the court record is already open to the public. The government sought to observe the proceedings [Bloomberg report] in order to guarantee that Nigerian-born Abdulmutallab received a fair trial and that the reputation of Nigeria was protected, but the lawyer for the government later asked to withdraw the motion. In February, US Attorney General Eric Holder [official website] defended his decision [JURIST report] to try the accused bomber in federal court rather than a military tribunal. Abdulmutallab has pleaded not guilty [JURIST report] to the charges against him for allegedly attempting to set off an explosive device on Northwest Airlines Flight 253 bound from Amsterdam to Detroit.




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Rights court rules Brazil amnesty law invalid
Jaclyn Belczyk on December 16, 2010 11:35 AM ET

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[JURIST] The Inter-American Court of Human Rights [official website, in Spanish] has ruled [judgment, PDF, in Portuguese; press release, PDF, in Spanish] that a 1979 Brazilian amnesty law [text, PDF, in Portuguese] is invalid and that Brazil is responsible for the disappearance of 61 people during its 1964-1985 military dictatorship. In a decision announced Tuesday, the court found that the law, which shielded military officials from prosecution, was incompatible with the American Convention on Human Rights [text]. The court ordered the Brazilian government to conduct a criminal investigation into an anti-guerrilla military operation in the Araguaia region between 1972 and 1974. The court also ruled that 42 direct relatives of the victims should receive USD $45,000 each in compensation for their suffering and that 28 indirect relatives should receive $15,000 each. The ruled that all 70 relatives should also receive $3,000 each for medical and psychological treatment. Brazil's president-elect Dilma Rousseff, who takes office on January 1, has pledged to bring human rights violators to justice [NYT report] and will be responsible for implementing the court's decision.

Other Latin American countries have recently taken steps to end amnesties for their military dictatorships. In March, Amnesty International (AI) [advocacy website] urged government officials in El Salvador [JURIST report] to repeal [press release] a 1993 amnesty law that prevents any investigation [JURIST report] into killings committed during the country's 12-year civil war [PBS backgrounder], including the killing of respected Catholic Archbishop Oscar Romero [BBC backgrounder, JURIST news archive]. Last year, the Uruguayan Supreme Court struck down [JURIST report] the country’s Expiry Law, which granted amnesty to military officials accused of human rights violations during the country's 1973-1985 dictatorship. In 2005, Argentina's Supreme Court struck down similar amnesty laws [JURIST report] adopted in the 1980s to protect potential defendants, prompting the government to reopen hundreds of human rights cases.




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UN Security Council ends Iraq sanctions
Andrea Bottorff on December 16, 2010 10:33 AM ET

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[JURIST] The UN Security Council [official website] on Wednesday voted to remove sanctions [news release] imposed on Iraq between 1991 and 2003 during the country's wars under former Iraqi dictator Suddam Hussein [JURIST news archive]. The Security Council approved three resolutions [fact sheet, PDF] that eliminated the Development Fund for Iraq, lifted sanctions prohibiting civil nuclear projects and ended the controversial Oil-for-Food program [official website; JURIST news archive]. UN Secretary-General Ban Ki-moon [official website] praised the decision [statement] as a "milestone" and said that the Council "recognize[d] how far the country has come in key aspects of its journey to normalize its status in the community of nations," particularly Iraq's participation in international anti-nuclear proliferation treaties. US Vice President Joe Biden [official profile] chaired the meeting and commended [statement] the UN Assistance Mission in Iraq (UNAMI) [official website] for its work in providing relief to the Iraqi people, a job that will likely continue as the US plans to withdraw troops from the country. The US will hold the Security Council presidency for the month of December.

The most recent UN Security Council resolutions mark a turning point for Iraq and an end to the UN oil-for-food program that generated international scandals. In July, General Electric Co. (GE) [corporate website] agreed to a $23.5 million settlement [press release; JURIST report] after the US Securities and Exchange Commission (SEC) [official website] filed a complaint [text, PDF] accusing GE of bribing Iraqi officials to receive contracts under the oil-for-food program. The SEC claimed that, between 2000 and 2003, four of GE's subsidiaries gave millions of dollars worth of computer equipment, medical supplies and services to the Iraqi Health Ministry in exchange for contract deals. In April, a Paris judge charged [JURIST report] French oil company Total [corporate website] with bribery and complicity in connection with the scandal. According to the 2005 Volcker report, published by a UN-appointed Independent Inquiry Committee [official website] investigating corruption in the oil-for-food program, oil companies like Total allegedly paid Iraqi officials over $1.5 billion in illegal kickbacks [materials] in exchange for being selected as oil purchasers. Over the last three years, oil company Chevron [corporate website] also paid a large settlement to the SEC concerning misuse of the program, and two Texan oil barons, David Chalmers and Oscar Wyatt Jr. [JURIST reports], were sentenced to prison for their roles in the scandal. The oil-for-food program allowed the Iraqi government of Saddam Hussein, under UN sanctions in the wake of the first Gulf War, to sell limited stocks of oil in return for foodstuffs and other humanitarian supplies.




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Italy appeals court increases sentences of 23 former CIA agents
Jaclyn Belczyk on December 16, 2010 9:14 AM ET

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[JURIST] An Italian appeals court on Wednesday upheld the convictions of 23 former CIA agents for the 2003 kidnapping and rendition [JURIST news archive] of Egyptian terror suspect Osama Moustafa Hassan Nasr, increasing their sentences. Former Milan CIA station chief Robert Seldon Lady was originally sentenced [JURIST report] to eight years in prison, while 22 other Americans were sentenced to five years. Lady's sentence was increased [AFP report] Wednesday to nine years, while the other sentences were increased to seven years. The US has refused to extradite the defendants, who were sentenced in absentia. Defense lawyers plan to appeal. Amnesty International [advocacy website] welcomed the ruling [press release] but called on the Italian government to hold Italian officials accountable as well.

Nasr, also known as Abu Omar, was seized on the streets of Milan in 2003 by CIA agents with the help of Italian operatives, then allegedly transferred to Egypt and tortured by Egypt's State Security Intelligence before being released [JURIST reports] in February 2007. In September 2009, the US Department of Justice (DOJ) [official website] filed a motion to dismiss [JURIST report] a lawsuit brought by former State Department official Sabrina De Sousa seeking diplomatic immunity against the Italian charges. De Sousa was one of the Americans whose sentence was increased to seven years. The CIA's rendition program has been the source of much controversy and litigation. Last year, President Barack Obama announced [JURIST report] the US would continue its practice of sending terror detainees to third countries for interrogation with increased oversight by the State Department to prevent torture.




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