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Legal news from Friday, January 21, 2011




Bosnia war crimes court sentences Muslim commander to 10 years
John Paul Putney on January 21, 2011 4:20 PM ET

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[JURIST] The appellate division of the War Crimes Court of Bosnia and Herzegovina (BiH) [official website] on Friday sentenced [press release] Sefik Alic, a Muslim commander, to 10 years in prison, overturning his 2008 acquittal. The prosecutor appealed the original verdict on the grounds that the lower court "erroneously and incompletely established the state of facts" leading it to misapply the law. Alic was convicted of failing to prevent the deaths of four prisoners in his custody and participating in their inhumane treatment [SE Times report]. At trial, the prosecution provided testimony from witnesses [Reuters report] as well as video footage and audio recordings. Alic denied having the command authority for the prisoners.

The BiH war crimes court was established in 2005 to reduce the caseload of the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website]. In December, the court convicted four former Bosnian Serb policemen [JURIST report] of killing at least 150 civilians during the 1992-1995 Bosnian civil war [JURIST news archive]. In November, suspected war criminal, Dragan Crnogorac, was arrested [JURIST report] on suspicion for having committed genocide in connection with the 1995 Srebrenica massacre [JURIST news archive] during the end of the Bosnian civil war. In August, Spanish officials extradited accused Montenegrin war criminal [JURIST report] Veselin Vlahovic, known as the "monster of Grbavica," to Sarajevo.




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France court convicts former Vivendi bosses of misleading investors, insider trading
John Paul Putney on January 21, 2011 3:36 PM ET

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[JURIST] A Paris criminal court on Friday convicted former Vivendi SA [corporate website] chairman and CEO Jean-Marie Messier of misleading investors during his tenure at the helm of the French entertainment giant. Canadian Edgar Bronfman Jr., former vice-chairman of Vivendi and current Warner Music Group chairman and CEO, was convicted of insider trading and fined five million euros. Both Messier and Bronfman received suspended prison sentences [Reuters report] of three years and 15 months respectively. Messier embarked on a monolithic acquisition spree from 1996 to 2002, which transformed a French water utility, Generale des Eaux, into a massive multimedia conglomerate [AP report]. Messier was forced out in 2002 after giving upbeat reports about Vivendi finances while the company was struggling to avoid collapse under 35 billion euros in debt [BBC report]. Vivendi shares dropped more than 80 percent in value as the company amassed debt. Both Messier and Bronfman have indicated they intend to appeal the conviction.

Last January, a fedearl jury in New York found Vivendi liable on 57 counts of violating US federal securities laws [JURIST report] but exonerated Messier. Messier testified that the fall in stock price was not due to securities fraud but because of the economic climate. In 2004, the French stock market regulator fined Messier [Expatica report] one million euros, which was later reduced by an appeals court to 500,00 euros. In 2003, Vivendi paid a $50 million fine to the US Securities and Exchange Commission (SEC) [official website] to settle the complaint. Messier paid a $1 million fine and agreed to give up his claim to a 20 million euro severance payment. Vivendi had previously sued Messier [JURIST report] to recover the severance payment, claiming that board members had been coerced by Messier into signing off on the payment, but later withdrew its lawsuit as part of the settlement with the SEC.




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Federal judge denies request to overturn ex-Guantanamo detainee's conviction
Drew Singer on January 21, 2011 2:29 PM ET

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[JURIST] A judge for the US District Court for the Southern District of New York [official website] on Friday denied a request [opinion, PDF] to throw out the conviction of former Guantanamo Bay [JURIST news archive] detainee Ahmed Khalfan Ghailani [GlobalSecurity profile; JURIST news archive]. In his ruling, Judge Lewis Kaplan stated that the evidence presented at trial was sufficient to allow the jury to find Ghailani a "knowing and willing participation" in the 1998 bombing [PBS backgrounder] of two US embassies in Tanzania and Kenya, in which 12 Americans and 212 others were killed. The defense had argued that the conviction was inconsistent with the fact that that the jury exonerated the defendant [NYT report] on 284 other counts but convicted him on one charge of conspiracy. Ghailani is scheduled to be sentenced next week [Reuters report] and faces a minimum of 20 years in prison.

In October, the court first heard arguments in the Ghailani trial [JURIST report], the first civilian trial of a former Guantanamo Bay detainee. An attorney for Ghailani argued during the opening statements that al Qaeda [JURIST news archive] took advantage of Ghailani's youth and that Ghailani was unaware of the terrorists' criminal plans. In July, Kaplan refused to dismiss charges [JURIST report] against Ghailani ruling that his Sixth Amendment right to a speedy trial was not violated. Ghailani's lawyers sought a dismissal of charges, arguing that he was denied the right to a speedy trial [JURIST reports] while being detained for nearly five years in CIA secret prisons and later at Guantanamo Bay. Earlier in July, Kaplan ruled that Ghailani was not suffering from post-traumatic stress disorder, and was therefore fit to stand trial [JURIST report].




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Serbia court sentences 9 Albanians for war crimes
Drew Singer on January 21, 2011 2:00 PM ET

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[JURIST] Nine former ethnic Albanian guerrillas have been sentenced to a total of 101 years in prison [Reuters report] for killings committed after the Kosovo war [JURIST news archive] ended. Belgrade's War Crimes Chamber [HRW backgrounder] of the Senior Court said [press release, PDF] that the 1999 killings of 32 Serb and non-Albanian civilians were in addition to 153 cases of people being arrested, detained, tortured and later released. Three of the defendants will spend 15 years each in prison, four will spend 10 years and two were sentenced to eight years in jail. The defendants were officers in the Kosovo Liberation Army. [Global Security profile] Three of the defendants were sentenced in absentia, while everyone else was arrested two years ago. The defendants can appeal, but will remain in court custody throughout the process.

In September, the War Crimes Department of the Higher Court in Belgrade sentenced [JURIST report; press release, PDF] former paramilitary officer Zeljko Djukic to 20 years in prison for his involvement in the deaths of 14 civilians in March 1999 during the 1998-1999 Kosovo war. Djukic, a member of the Serbian paramilitary group known as Scorpion [JURIST news archive], was originally convicted [JURIST report] of the murders in June 2009. The conviction was overturned [JURIST report] earlier this year by a Serbian appeals court. The appeals court demanded a retrial for Djukic because the original verdict was based exclusively on testimony of a protected witness, which is against the Serbian Criminal Procedure Code [text, PDF].




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UK court approves extradition of terror suspect to US
LaToya Sawyer on January 21, 2011 12:33 PM ET

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[JURIST] A British court on Friday approved the extradition of alleged al Qaeda [JURIST news archive] operative Abid Naseer to the US, where he will stand trial on several charges of terrorism [DOJ press release], including providing material support to terrorists. In July, Naseer was one of five men indicted on terrorism charges [JURIST report] for his alleged involvement in the September 2009 New York City subway bomb plot [JURIST news archive]. Naseer was arrested in the UK in response to a US request that he stand trial for his alleged attempts to plant bombs in New York, Norway and the UK. Naseer's lawyers have fought his extradition to the US citing concerns that the US may attempt to deport him [BBC report] to his native country of Pakistan. Their concerns are supported by a ruling [JURIST report] issued in May by the UK Special Immigration Appeals Commission [official website], which concluded that it was not possible for Naseer to be deported to Pakistan without facing torture or death. In his ruling, Judge Quentin Purdy acknowledged concerns [AFP report] regarding Naseer's possible removal to Pakistan, but ultimately rejected the argument stating that the US court system protects the due process rights of all people subject to its jurisdiction. Before Naseer's extradition becomes official, it must be approved by the British Home Secretary. Naseer's lawyers have indicated that they plan to appeal the ruling.

Naseer is unlikely to face extradition until the European Court of Human Rights (ECHR) [official website] rules on a similar series of extradition cases that are currently before the court. In July, the ECHR stayed the extradition of four terrorism suspects [JURIST report] from the UK to the US, holding that potential punishment could violate Human Rights Convention [text] provisions on the prohibition of torture and inhumane or degrading treatment. The suspects include British citizens Haroon Rashid Aswat, Seyla Talha Ahsan and Babar Ahmad [advocacy website; BBC profile] and Egyptian-born radical Muslim cleric Abu Hamza al-Masri [BBC profile; JURIST news archive]. All four men are wanted in the US on terrorism charges. The UK High Court approved the extradition of Aswat and Ahmad to the US in 2006, while the extradition of Hamza was approved [JURIST reports] by a British court in 2007. The ECHR is reconsidering the evidence [Telegraph report] against the men and trying to determine if the US sentencing standards would lead to an Article 3 violation of the suspects' human rights.




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UN rights chief urges Mexico to probe government complicity in migrant kidnappings
Brian Jackson on January 21, 2011 11:01 AM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] on Friday called on the Mexican government to investigate possible complicity [press release] by government officials in the mid-December abduction of 40 Central American migrants. While details are somewhat unclear, the UN believes that Mexican officials stopped a freight train headed north in Oaxaca, detained approximately 90 migrants, and allowed the remaining individuals to continue on the train. Soon after, armed individuals boarded the train and abducted 40 of the migrants. Pillay called for a transparent investigation into the treatment of those individuals detained by the Mexican authorities, as well as the circumstances that led to the armed abduction so soon after authorities allowed the train to continue, saying:
The Mexican authorities need to ascertain whether or not any state officials, including those working for the state-owned train operator, were complicit with the criminal organization that carried out the abductions and extortion, both in this and other cases.
Pillay also condemned the threats directed at Father Alejandro Solalinde, one of Mexico's most prominent defenders of migrant rights.

The human rights environment in Mexico has deteriorated significantly over the past decade, as the Mexican Drug War [LAT backgrounder] has increased in severity. The UN Office of the High Commissioner for Human Rights (OHCHR) set up an office in Mexico in 2002 and since that time has released numerous reports [OHCHR database] documenting Mexico's struggle in the areas of education, rights of indigenous people and immigrant rights. While Mexico has condemned [JURIST report] Arizona's attempts to curb immigration into the US through the controversial SB 1070 [bill materials; JURIST news archive], activists believe that Mexican immigration laws are even more restrictive [UPI report], and that immigrants to Mexico routinely face abuse and harassment [AI report, PDF].




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UN rights experts to investigate Russia lawyer prison death
Megan McKee on January 21, 2011 9:49 AM ET

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[JURIST] A group of independent UN human rights experts will investigate the 2009 prison death [JURIST report] of Moscow lawyer Sergei Magnitsky, his former colleague William Browder announced Thursday. Magnitsky was arrested after implicating Russian police [WP report] in a multimillion-dollar embezzlement scandal, while working as outside counsel for the London-based investment fund Hermitage Capital Management [corporate website]. Prior to his death, Magnitsky was held in prison for 358 days with little to no access to legal representation, his family or medical professionals. It is suspected that torture played a part in his death. Bowder has accused the police of murdering Magnitsky in an effort to conceal their role in the embezzlement scheme and has enlisted the help of Redress [advocacy website], a British organization that works on behalf of torture victims. It is at Redress' request that the UN has decided to launch the investigation.

In September, US lawmakers introduced a bill [press release, PDF] that would prohibit the US State Department (DOS) [official website] from issuing visas to individuals, or their family members, connected to the death of Magnitsky. In addition to the visa restrictions [JURIST report], the bill would also prohibit the transaction of property or finances through US financial institutions by officials implicated in Magnitsky's death. Senator Benjamin Cardin (D-MD) [official website], who introduced the bill, said it was necessary for the US to take action because the Russian judicial system had failed to hold anyone accountable for Magnitsky's death. Cardin noted the bill's importance in protecting US business interests abroad and sending "a strong message to those who are currently acting with impunity in Russia that there will be consequences for corruption should you wish to travel and invest abroad." Cardin originally urged the DOS to take action on the visas in a letter [text, PDF] he submitted in April to Secretary of State Hillary Clinton. In addition to the letter, Cardin provided a list of 60 senior officials [text, PDF] in the Russian government and their connection to the death of Magnitsky.




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Verizon files lawsuit challenging FCC 'net neutrality' regulations
Carrie Schimizzi on January 21, 2011 8:12 AM ET

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[JURIST] Verizon [corporate website] on Thursday filed an appeal [text, PDF; press release] in the US Court of Appeals for the District of Columbia Circuit [official website] challenging new net neutrality [JURIST news archive] rules that will allow the government to regulate Internet traffic. The company is challenging the regulations, which would prevent Internet providers from selectively blocking web access, saying they "go beyond any authority provided by Congress." The new net neutrality rules were approved last month [JURIST report] by the Federal Communications Commission (FCC) [official website], and the controversy surrounding the regulations suggested legal challenges would be pursued [WSJ report]. In its statement, Verizon says the suit "is the result of a careful review of the FCC's order. We are deeply concerned by the FCC's assertion of broad authority for sweeping new regulation of broadband networks and the Internet itself." Advocacy groups, however, are accusing Verizon of forum shopping and sacrificing equal Internet network accessibility in order to make a profit [press releases]. FCC Chairman Julius Genachowski [official profile], who proposed the rules [JURIST report] last month has not yet responded to the appeal.

The FCC has long been trying to exert more control over Internet regulation. Last year, US Senator Jim DeMint (R-SC) [official website] introduced legislation [text, PDF; JURIST report] intended to block the FCC from implementing its National Broadband Plan [official website; materials]. The Freedom for Consumer Choice Act would remove the FCC's ability to declare the actions of a communications provider illegal unless there was a clear showing that the practice causes harm to consumers and will not be corrected by market forces. A month earlier, the FCC opened a new proceeding [JURIST report] to identify the legal approach that will best support its efforts to develop universal access to "high quality" Internet broadband services. A previous court ruling [JURIST report] found that the FCC lacks the power to enforce net neutrality. Net neutrality is thought by supporters to be essential to the goal of an open flow of information over the Internet regardless of the amount of revenue generated by the information.




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