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Legal news from Thursday, December 30, 2010




UN urges parties to prevent ethnic crimes in post-election Ivory Coast
Daniel Richey on December 30, 2010 7:04 PM ET

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[JURIST] Officials from the United Nations [official website] on Thursday urged all parties to the disputed presidential election in the Ivory Coast [JURIST news archive] to honor the country's commitment to prevent genocide, crimes against humanity and ethnic cleansing under the 2005 World Summit Outcome Document [text, PDF]. Special Adviser to the Secretary-General on the Prevention of Genocide Francis Deng [official profile] and Edward Luck [academic profile], the Special Adviser focusing on the responsibility to protect, expressed concern [press release] at the mounting threat of ethnic violence in the wake of incumbent President Laurent Gbagbo's refusal to leave office after his defeat by challenger Alassane Ouattara [BBC profiles]. Deng called allegations that the homes of Gbagbo's political opponents have been marked with their occupants' ethnicity "extremely worrying." Also on Thursday, UN Secretary General Ban Ki-Moon said that he was deeply alarmed [press release] by reports that one of Gbagbo's supporters has ordered a sympathetic youth political movement, the Young Patriots [advocacy website, in French] to attack the hotel where UN Ivory Coast Operation (UNOCI) [official website] peacekeepers are guarding president-elect Ouattara, on January 1. A spokesperson for the UN Office of the Secretary General [official website], Martin Nesirky, affirmed the UNOCI's willingness to "use all necessary means" to enforce international law:
The Secretary General remains very concerned about the deteriorating situation in the Ivory Coast.... The Secretary General wishes to warn that any attack against peacekeepers constitutes a crime under international law, for which the perpetrators and those who instigate them will be held accountable. Any attack on the Golf Hotel could provoke widespread violence that could reignite civil war. The Secretary General calls on all those who may be contemplating participation in the attack to refrain from such dangerous and irresponsible action.
Youssoufou Bamba, Ouattara's newly appointed ambassador to the UN characterized the West African nation as being on the brink of genocide [Reuters report].

During the post-election violence in the Ivory Coast, hundreds have been arrested and dozens have allegedly been subjected to torture, ill treatment and forced disappearances. Last week, the United Nations Refugee Agency (UNHCR) [official website] expressed concern [press release; JURIST report] over the humanitarian needs of nearly 14,000 Ivory Coast refugees who have fled to Liberia over the past month due to post-election political instability and violence. The UNHCR warned that food supplies and housing are running short as refugees are increasingly arriving malnourished and fighting disease. Ouattara defeated Gbagbo in a November 28 runoff election, but Gbagbo has refused to concede victory, his supporters have responded to his loss in the election with a campaign of violence and intimidation [WP report]. Earlier in December, the Economic Community of West African States (ECOWAS) [official website] urged [JURIST report] Gbagbo to step down, threatening the use of force if he attempts to maintain power. Also in December, the UN Human Rights Council [official website] adopted a resolution [JURIST report] condemning recent post-election violence while Ouattara's prime minister Guillaume Soro [BBC profile] called on the International Criminal Court (ICC) [official website] to launch an investigation [DPA report] into possible crimes being committed by Gbagbo's supporters.




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Khodorkovsky sentenced to six additional years
Daniel Richey on December 30, 2010 3:45 PM ET

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[JURIST] The Khamovnichesky District Court [official website, in Russian] in Moscow on Thursday sentenced former Russian oil executive Mikhail Khodorkovsky [defense profile; JURIST news archive] and his business partner, Platon Lebedev [defense profile], to six additional years in prison, extending their imprisonment to a total of 14 years. The imposition of the maximum possible sentence has stoked international criticism [Deutsche Welle report] of what has been viewed by many as a politically-motivated abuse of the law [AI report] orchestrated by the men's enemies in the Kremlin. U.S. State Department [official website] representative Mark Toner expressed continued concern [Reuters report] over apparent abuses of due process in Khodorkovsky's trial, particularly in light of the severity of the verdict. Russian human rights activist Lev Ponomarev, head of the All Russia Movement for Human Rights [advocacy website, in Russian], called [press release, in Russian] the sentence "monstrous and farcical ... shatter[ing] faith in judicial reform and the possibility of an evolutionary transition to the rule of law." Critics have characterized the entire trial as politically motivated [JURIST op-ed] retaliation for Khodorkovsky's opposition to Russian prime minister Vladimir Putin [official website; JURIST news archive].

Khodorkovsky, the former owner of Yukos oil, and Lebedev, were convicted [JURIST report] of embezzling more than $27 billion [AFP report] from the company. Their defense counsel staunchly criticized the ruling, claiming [press release] that the court blocked significant amounts of testimony and evidence submitted by the defense and systematically quashed objections to their omission. The verdict drew vehement international criticism [JURIST report], including from U.S. Secretary of State Hillary Clinton [official biograpy], who said [press release] that the ruling "raises serious questions about selective prosecution." The Russian Ministry for Foreign Affairs [official website, in Russian] dismissed critics, saying [press release, in Russian] that "[a]ttempts to exert pressure on the court are unacceptable." The men are currently serving eight-year prison sentences for fraud and tax evasion [JURIST report], to which they were sentenced in 2005 for the same money laundering from Yukos. In May, former Russian prime minister Mikhail Kasyanov [BBC profile] testified [JURIST report] that Putin ordered Khodorkovsky's arrest for political reasons, indicating that Khodorkovsky had funded the Communist Party [party website, in Russian] without first getting approval to do so from the president. In March, Khodorkovsky criticized Russia's justice system [JURIST report] as an "assembly line" that inevitably finds the government's political enemies to be guilty. The statement echoed concerns Khodorkovsky had previously expressed about the fairness of Russian trials and the need for widespread reform of the Russian court system [JURIST reports].




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Former Israel president convicted of rape
Eryn Correa on December 30, 2010 11:32 AM ET

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[JURIST] Former Israeli President Moshe Katsav [BBC profile] was convicted of two rape charges on Thursday, following his decision to rescind an earlier plea bargain. A Tel Aviv court found him guilty of assaulting a female employee of the Tourism Ministry during his time as Minister, and two women at the President's Residence during his time as President. Katsav resigned his position as President in 2007 due to the sexual assault allegations. The Tel Aviv District Court [official website, in Hebrew] found that Katsav's defense was "riddled with lies" [Haaretz report], including edited tapes of the women's testimony and falsely prepared datebooks. Israeli Prime Minister Benjamin Netanyahu [official website; BBC profile] said that the ruling sent two clear messages [CNN report] "about the equality of all before the law and about a woman's right concerning her own body." The conviction ends a four-year legal battle that has Katsav facing between 4 and 16 years in prison. Lead attorney Avigdor Feldman said that Katsav plans to appeal [Ynet report] the ruling to the Supreme Court of Israel [official website, in Hebrew].

Katsav was initially indicted on rape charges [JURIST report] in 2009 for allegedly assaulting female employees in the 1990's. In 2008, Katsav rejected a plea agreement [JURIST report] that would have permitted him to plead guilty to lesser charges of indecent assault, sexual harassment, and obstruction of justice, in exchange for a suspended sentence and the dropping of rape charges. The plea deal had been highly criticized by women's and civil rights activists, prompting 5 separate petitions to overturn the agreement.




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