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Legal news from Monday, December 20, 2010




US violent crime rate drops for fourth straight year: FBI
Ann Riley on December 20, 2010 2:56 PM ET

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[JURIST] The FBI's preliminary annual crime statistics for 2010, released on Monday, show a decrease in violent crime [press release] for the fourth year in a row. According to the Preliminary Annual Uniform Crime Report of 2010 [text], the number of reported violent crimes between January and June decreased 6.2 percent when compared to statistics from the same period in 2009. Specifically, the number of murders dropped by 7.1 percent, robberies dropped by 10.7 percent, aggravated assaults dropped by 3.9 percent and forcible rapes dropped 6.2 percent. Additionally, property crime has continued to decrease for the eighth year in a row by 2.8 percent, specifically with 9.7 percent fewer motor vehicle thefts, 2.3 percent fewer larceny thefts, and 1.4 percent fewer burglaries. The FBI compiled the data from crime statistics from more than 12,000 city, county, university and college, state, tribal, and federal agencies nationwide.

In September, the FBI released its Crime in the United States 2009 [text; JURIST report] report disclosing that violent crime in the nation decreased 5.3 percent and property crime decreased 4.6 percent, when compared to data from 2008. The drop in 2009 follows a 1.9 percent decrease for 2008 and a 0.7 percent decrease [JURIST reports] for 2007. That came after two years of increasing rates of similar crimes, including a 2006 increase of 1.3 percent and a 2005 increase of 2.3 percent [JURIST reports].




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Sri Lanka to allow UN war crimes panel visit
John Paul Putney on December 20, 2010 12:13 PM ET

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[JURIST] The Sri Lankan Ministry of External Affairs [official website] announced Saturday that a UN war crimes panel will be allowed to visit [press release] the island to look into alleged war crimes in the final stages of the conflict with the Liberation Tigers of Tamil Eelam [JURIST news archive]. The decision represents a reversal after months of strong opposition [JURIST report] from the Sri Lankan government under President Mahinda Rajapaksa [official profile], who described the UN panel as an infringement of Sri Lanka's sovereignty. Instead, Rajapaksa appointed the Lessons Learned and Reconciliation Commission (LLRC) to investigate the final years of the conflict from the ceasefire in 2002 to its conclusion in 2009. The LLRC's credibility, however, has been contested by several human rights organizations, which say the commission lacks objectivity [PTI report]. The change in position follows economic sanctions including the withdrawal of trade concessions worth $150 million per year with the EU. The government has repeatedly denied accusations that its forces violated international law during the conflict. Skeptics have already questioned whether the UN panelists will be given free access to investigate. The three-person panel, appointed [JURIST report] by UN Secretary-General Ban Ki-Moon [official profile], has not set a date to travel to Sri Lanka.

In October, the Sri Lankan government defended the LLRC [JURIST report] after international human rights groups Human Rights Watch (HRW), Amnesty International (AI) and the International Crisis Group (ICG) [advocacy websites] publicly declined an invitation [joint letter; JURIST report] to testify, stating that they would welcome the opportunity to appear before the commission if they felt it was a genuine and credible effort to pursue accountability and reconciliation. The LLRC began public hearings [JURIST report] in August with an appearance by Sri Lanka Defense Secretary Gotabaya Rajapaksa [official profile], who defended the actions of the government [JURIST report] during the conflict. The LLRC was appointed [press release] in May amid repeated claims of war crimes by human rights groups after president Rajapksha initially rejected the UN panel [JURIST reports] in March.




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Ukraine prosecutors charge ex-PM Tymoshenko with misusing state funds
Jaclyn Belczyk on December 20, 2010 11:21 AM ET

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[JURIST] Ukrainian prosecutors on Monday filed criminal charges [press release, in Ukrainian] against opposition leader and former prime minister Yulia Tymoshenko [personal website; JURIST news archive] for allegedly misappropriating state funds during her time in office from 2007-2010. Tymoshenko, whose government was dissolved in March after she narrowly lost the presidential election to Viktor Yanukovych [official website, in Ukrainian], is accused [Reuters report] of misusing money raised by selling carbon emission rights. Tymoshenko claims that the investigation is politically motivated and maintains her innocence. She has pledged to appear for questioning [press release, in Ukrainian], stating, "I fear nothing."

In May, prosecutors reopened a separate criminal investigation [JURIST report] into allegations that Tymoshenko attempted to bribe Supreme Court judges. The probe was initiated in May 2004 and then suspended [JURIST report] in June 2005. In February, Tymoshenko withdrew a lawsuit [JURIST reports] filed in the Supreme Administrative Court of Ukraine claiming that the country's presidential election was corrupt. Tymoshenko had alleged that widespread voter fraud allowed Yanukovych to win the election. The opposition leader has a history of being at the center of controversial political moments in Ukraine. In March 2009, she called for constitutional changes [JURIST report] to provide more separation between parliamentary and presidential powers. In October 2008, Tymoshenko withdrew a lawsuit [JURIST report] she had brought against then-president Victor Yushchenko [JURIST news archive] after he suspended a plan to hold early elections following the collapse of the country's coalition government. Before suspending the plan, Yushchenko had issued a decree abolishing a Kiev court after it tried to block [JURIST reports] his order dissolving parliament.




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Rights groups drop suit after government changes terror suspect defense licensing scheme
Jaclyn Belczyk on December 20, 2010 9:14 AM ET

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[JURIST] The American Civil Liberties Union (ACLU) and the Center for Constitutional Rights (CCR) [advocacy websites] on Friday dropped a lawsuit [notice of dismissal, PDF] challenging the US government's Specially Designated Global Terrorist (SDGT) licensing scheme after the government changed the policy. The groups announced in August that they would pursue a legal challenge [JURIST report] to the scheme despite being issued a license to represent Anwar al-Awlaki [NYT profile; JURIST news archive], a US citizen who was labeled an SDGT in July. The SDGT designation is issued by the Treasury Department Office of Foreign Assets Control (OFAC) [official website] under federal law [50 USC § 1701 et seq. text], freezing the assets of the individual and preventing the provision of legal services without a license from the government. As of December 7, the policy was changed so that uncompensated lawyers may represent SDGT individuals in any US court or agency without first seeking a license from the government. ACLU legal fellow Jonathan Manes welcomed the new policy [press release], saying, "OFAC's regulations infringed both the free speech rights of attorneys and the due process rights of Americans, but the changes that OFAC has made in response to our lawsuit bring the regulations in line with the Constitution."

Earlier this month, a judge for the US District Court for the District of Columbia [official website] dismissed [opinion, PDF; JURIST report] a lawsuit [JURIST report] challenging the Obama administration's ability to conduct "targeted killings" in al-Awlaki's case. Judge John Bates found that the court lacked jurisdiction over the case, filed by the ACLU and the CCR on behalf of Awlaki's father, dismissing it on procedural grounds and noting that important questions remain. Bates heard arguments [JURIST report] in the case last month on the same day Awlaki called for jihadist attacks on US citizens in a video posted on extremist websites. Awlaki, a suspected member of al Qaeda [GlobalSecurity backgrounder], is believed to be linked to Major Nidal Hasan, the Fort Hood shooting suspect, as well as the Christmas Day airplane bombing attempt [JURIST news archive]. Earlier in November, Yemeni prosecutors charged [JURIST report] Awlaki with incitement to kill foreigners. Awlaki is believed to be hiding in Yemen and was charged in absentia. US officials have labeled Awlaki as a terrorist and have placed him on a list to be captured or killed. The Yemeni government has sent forces on a counter-terrorism operation into the Province of Shabwa, where it is believed that Awlaki is hiding.




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