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Legal news from Monday, February 21, 2011




Egypt chief prosecutor seeks to freeze ex-president's foreign assets
Erin Bock on February 21, 2011 3:13 PM ET

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[JURIST] Egypt's chief prosecutor on Monday requested that Foreign Ministry officials take steps to freeze any foreign assets belonging to former president Hosni Mubarak [Al Jazeera profile] and his family.Prosecutor Abdel Magid made the request [AFP report] even though Mubarak submitted a declaration of wealth indicating that he possessed no foreign assets. Mahmud stated that the freeze would apply to Mubarak, his wife, as well as his two sons and their wives. Switzerland froze assets held by Mubarak and "parties close to him" [statement], shortly after Mubarak announced his resignation on February 11. Swiss authorities reportedly froze "several dozens of millions" of francs [Reuters report] kept by Mubarak and related parties in Swiss banks, although the legitimacy of these funds is still under investigation.

Mubarak stepped down after nearly three weeks of demonstrations [Al Jazeera report] protesting the Egyptian government and calling for his resignation. Mubarak's resignation left state affairs in the hands of the Egyptian Supreme Council of the Armed Forces, which pledged to lift the country's emergency laws [JURIST report] that were in place for nearly 30 years once circumstances in the country improved. The Council also vowed to have a peaceful transition to power and promised not to prosecute "honourable people who refused corruption and demanded for reform." On Thursday, UN Secretary-General Ban Ki-moon [official profile] called for an end to violence against protesters [JURIST report] in various countries across the Middle East and North Africa [BBC backgrounder] currently embroiled in protests. During the three weeks of protests leading up to Mubarak's resignation, nearly 400 people were killed and 5,500 were wounded.




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India president: government to address corruption
Megan McKee on February 21, 2011 3:09 PM ET

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[JURIST] Indian President Smt. Pratibha Devisingh Patil [official website] announced Monday that the government will work to eradicate corruption. In her address to both houses of Parliament [official website] to open the budget session, Patil stated that India will take measures to ratify the UN Convention Against Corruption [text, PDF] and that it will take other legislative and administrative measures necessary to improve transparency. The government has also set up a group of ministers charged with streamlining the judicial system [Indian Express report]. They will particularly work to expedite corruption cases brought against civil servants suspected of corruption and to amend current laws to facilitate bringing claims against public servants. Partial public funding of elections is also being considered as a method to improve transparency.

In 2008, Indian Prime Minister Manmohan Singh [official website] called for the establishment of special courts [JURIST report] to deal only with corruption charges, telling a convention of high-ranking justices and government ministers that, "apart from pendency and delayed justice, corruption is another challenge we face both in government and the judiciary." Singh said addressing these problems would increases both domestic and foreign confidence in the court system. Following the prime minister's remarks, Chief Justice K.G. Balakrishnan [official profile] told reporters that Singh did not mean that the judiciary itself was corrupt, but rather that it has to deal with a large number of cases brought by the Central Bureau of Investigation [official website], which alleged government corruption. Balakrishnan went on to say that allegations of judicial corruption were rare and dealt with swiftly when they did arise.




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Tunisia seeks extradition of ousted president
Ann Riley on February 21, 2011 2:46 PM ET

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[JURIST] The Tunisian Ministry of Foreign Affairs [official website] on Sunday submitted a formal request to Saudi Arabian authorities to extradite ousted former president [press release, in Arabic] Zine Al Abidine Ben Ali [BBC profile, JURIST news archive] following the filing of additional charges. In addition to charges of money laundering [AFP report] and possession of unlicensed weapons [CNN report] against the ousted president, his wife, and other family members, Ben Ali has been charged with committing and inciting voluntary manslaughter and sowing discord among citizens. The Foreign Ministry has also asked Saudi Arabia to provide information on Ben Ali's health following news reports of his deteriorating health and possible death. Last month, Tunisia's Justice Minister Lazhar Karoui Chebbi announced that the country issued an international arrest warrant [JURIST report] for Ben Ali.

Earlier this month, Human Rights Watch (HRW) [advocacy website] called on the Tunisian transitional government to investigate incidents of police violence against protesters and end police brutality [HRW reports; JURIST report], and the UN reported that at least 219 died as a result of the protests, including 72 killed in prison riots. In January, the Tunisian Constitutional Council officially announced that Ben Ali had permanently left the office of the presidency after he declared a state of emergency [JURIST reports] amid nationwide protests, banning public gatherings and allowing police to fire on anyone refusing to obey orders, and fled the country. Earlier that month, UN High Commissioner on Human Rights Navi Pillay [official website] announced that UN experts would be sent to Tunisia [JURIST report] to assess the human rights situation and meet with the country's interim leaders. Also, UN Secretary-General Ban Ki-Moon [official website] urged government leaders in Tunisia to initiate dialogue between all sides in an attempt to restore the rule of law [JURIST report]. The Tunisian Constitutional Council declared that the leader of the lower house of parliament, Foued Mebezza, would assume power as interim president [JURIST report] until elections are held, which Prime Minister Mohammed Ghannouchi [Reuters profile] has promised will be within six months.




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Federal prosecutors end criminal investigation of Countrywide executive
LaToya Sawyer on February 21, 2011 2:04 PM ET

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[JURIST] Federal prosecutors have dropped a criminal investigation against former Countrywide Financial Corporation [JURIST news archive] executive Angelo Mozilo, concluding that he was not involved in any criminal conduct during his time as director over the company, according to Friday reports. Mozilo is most identified with taking part in the mortgage boom that caused financial devastation to banking institutions and private homeowners. In 2009, the US Securities and Exchange Commission (SEC) [official website] charged [JURIST report] Mozilo, along with several other company officials, with securities fraud arising from misleading investors. The SEC alleged that the officials falsely assured investors about credit risks involved in the company's efforts to build and maintain their market share, and that they knew the company was issuing risky loans and that defaults and delinquencies would arise as a result. Mozilo was also charged with insider trading for selling his stock in the company based on inside information. Although the Mozilo probe has been dropped, future investigations may arise [LAT report] from developments in the civil cases against Mozilo from Countrywide shareholders.

Recently, there have been several settlements resulting from the lawsuits against Countrywide for its role in the mortgage crisis. Earlier this month, the Superior Court of California County of Los Angeles [official website] approved [opinion, PDF] a $6.5 million settlement [JURIST report] between the state of California and two former Countrywide Financial Corporation executives, including Mozilo, accused of predatory lending. In June, Countrywide, reached [JURIST report] a $108 million settlement agreement [text, PDF] with the Federal Trade Commission (FTC) [official website] in response to a lawsuit that charged it with collecting excessive fees from homeowners facing foreclosure.




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UK judge warns proposed bill of rights could further conflict between UK, ECHR
Ashley Hileman on February 21, 2011 1:15 PM ET

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[JURIST] Former UK Lord Chief Justice Lord Woolf warned Monday that a British Bill of Rights, as proposed by various members of the British government, would conflict [BBC audio] with the European Convention on Human Rights [text, PDF], which the UK has incorporated into its law. While the government has not stated an intention to withdraw from the European Convention on Human Rights, Woolf has warned that continued adherence to the convention combined with the creation of a British Bill of Rights will create complications for judges in determining which to follow and further the existing conflict between the UK and the European Court of Human Rights (ECHR) [official website]. The proposal for the British convention arose from recent disagreements [BBC report] with both the ECHR and the UK Supreme Court [official website]. The former caused outrage by ruling [JURIST report] that prisoners should have the right to vote and the latter evoked a similar reaction through its April 2010 ruling [JURIST report] that the country's sex offender registry violates individual rights to privacy. In his answers to questions [text] regarding these issues last week, Prime Minister David Cameron characterized the Supreme Court's ruling as flying "in the face of common sense" and assured those listening that "a commission will be established imminently to look at a British Bill of Rights, because it is about time we ensured that decisions are made in this Parliament rather than in the courts." For now, Cameron intends to follow the minimum requirements of each respective ruling.

Earlier this month, UK think tank Policy Exchange [think tank website] called for the UK to withdraw [JURIST report] from the ECHR in favor of a domestic high court. Senior UK judge Lord Leonard Hoffman wrote the foreword, saying the "Strasbourg court has taken upon itself an extraordinary power to micromanage the legal systems of the member states." The report, written by former government adviser Dr. Michael Pinto-Duschinsky, explains that the ECHR has gradually grown in power. It calls for the UK to try to negotiate reforms with the court to limit its jurisdiction, and, if unsuccessful, states "the UK should consider withdrawing from the jurisdiction of the European Court of Human Rights in Strasbourg and establishing the Supreme Court in London as the final appellate court for human rights law." The report suggests that, if the UK pulls out, a domestic court would be final arbiter on human rights issues, and there would be no right to appeal to the ECHR.




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India appeals court upholds death sentence for Mumbai gunman
Zach Zagger on February 21, 2011 11:18 AM ET

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[JURIST] The Bombay High Court [official website] on Monday upheld [judgment, PDF] the conviction and death sentence of Pakistani national Mohammad Ajmal Amir Kasab [NDTV profile], the only surviving gunman of the three-day siege of Mumbai [BBC backgrounder; JURIST news archive] that killed 166 in November 2008. The court also upheld the acquittals of two Indian citizens accused as accomplices because of insufficient evidence.The court said in its 1,208-page decision that the only mitigating factor was Kasab's age, 24, but that it was overridden by the grave nature of the crime:
The brutality, perversity and cruelty exhibited by [Kasab] by committing multiple murders of innocent men, women, children, aged persons and policemen without provocation for a motive which has no moral justification makes this case a gravest case of extreme culpability. The conduct of [Kasab] shows that his mental age overrides his physical age. He has never shown any repentance, but has loudly proclaimed that he wants to [set an example] by his conduct.
After the announcement of the judgment, people cheered in the street [LAT report], lighting fireworks and chanting for Kasab's death. Kasab can still appeal to India's highest court, and, if that is unsuccessful, he can petition the government for clemency. Kasab will likely be hanged, but the appeals could delay his execution for years.

Kasab filed his appeal in June after being convicted [JURIST reports] in May for his role in the attack, which was allegedly coordinated by Pakistani militant group Lashkar-e-Taiba (LeT) [CFR backgrounder]. He was sentenced to death after the prosecution sought the death penalty [JURIST reports], citing eight aggravating circumstances. Judge ML Tahiliyani, specially appointed in January 2009 to preside over the trial of the three suspects detained after the attacks, heard closing arguments [JURIST report] in the case last March. In January 2010, Tahiliyani denied [JURIST report] Kasab's request for an international trial after Kasab claimed that he would not receive a fair trial in India. In December 2009, Kasab withdrew his confession [JURIST report], claiming he was tortured and framed by police. Tahiliyani continued the trial [JURIST report] despite Kasab's confession, ruling that it was incomplete but should be entered into the record.




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Libya government promises constitutional reforms following protests
Dwyer Arce on February 21, 2011 10:04 AM ET

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[JURIST] The Libyan government is considering adopting a constitution and allowing greater freedoms, Saif al-Islam, son of Libyan leader Muammar Gaddafi [BBC profile], announced Monday in a televised address [video] following several days of protests. In the address, Saif al-Islam also called for an end to the protests, warning of instability, civil war and thousands of deaths if they are continued. The protests began Tuesday following those that had occurred throughout the Middle East and North Africa [BBC backgrounder], resulting in the resignations of Tunisian president Zine al-Abidine Ben Ali and Egyptian president Hosni Mubarak [JURIST reports]. Protesters have demanded Gaddafi's resignation and government reform since the start of protests in Benghazi, Libya's second city, which was reported to be largely under the control of demonstrators [UKPA report] following the retreat of police and military forces and reported defections by military personnel over the weekend. Also on Monday, protests were reported to have spread into the capital city of Tripoli [Al Jazeera report], as several large tribes have expressed support for the protests and have threatened to cut off oil exports if Gaddafi, who has been in power since a 1969 coup, fails to step down. Following these developments, Libyan Justice Minister Mustafa Mohamed Abud Al Jeleil resigned [Quryna report] Monday, citing the government's violent response to the demonstrations. Al Jeleil is the fourth government official to resign since the start of the protests, following those of the ambassadors to India, China and the Arab League. Human Rights Watch (HRW) [advocacy website] reported Sunday that more than 230 protesters had been killed [press release] since Tuesday, with the military and government supporters using live ammunition and machine guns on protesters, a shutdown of the Internet and the arrest of those who speak to foreign press.

On Thursday, UN Secretary-General Ban Ki-moon [official profile] called for an end to violence against protesters [JURIST report] in Bahrain and elsewhere, referencing recent attempts to quell protests sweeping across the Middle East and North Africa. Ban said that he is "disturbed by all these violent means of trying to disperse demonstrators, the freedom of expression, freedom of access to information, particularly the journalists." In conjunction, UN High Commissioner for Human Rights, Navi Pillay [official profile], on Friday condemned violence by the security forces in Libya, Bahrain and Yemen against anti-government demonstrators as illegal and excessively heavy-handed. Pillay blamed the protests on decades of neglecting legitimate aspirations to realize civic, political, economic, social and cultural rights. Last week, Algerian Foreign Minister Mourad Medelci said the government will end the 19-year-old state of emergency laws [JURIST report] amidst growing protests in Algeria. Earlier this month, Iranian opposition leader Mehdi Karroubi was placed under house arrest [JURIST report] in relation to calls by Karroubi and fellow opposition leader Mir Hossein Mousavi [JURIST news archive] for rallies in support of the recent political reform movements in Tunisia and Egypt.




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DRC colonel sentenced to 20 years imprisonment for mass rapes
Sarah Paulsworth on February 21, 2011 9:50 AM ET

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[JURIST] A military court in the Democratic Republic of the Congo (DRC) [BBC backgrounder; JURIST news archive] on Monday found Lt Col Kibibi Mutware guilty of involvement in mass rapes that took place on New Year's Day and sentenced him to 20 years imprisonment, dismissing him from the military. The court found that Mutware ordered his troops [BBC report] to rape, assault and loot from residents of Fizi. Eight of his troops were also given prison sentences [Reuters report] of between 10 and 20 years and expelled from the army for their involvement in the attack. More than 60 women were raped [Bloomberg report] over a two-day period, and 49 women testified against Mutware and his cohorts. Mutware's conviction is the first of a commanding officer for rape in eastern DRC. All of the men plan to appeal their convictions.

The DRC has been called rape capital of the world [BBC report] by senior UN officials. Members of the UN Security Council [official website] expressed "outrage" [statement] last August over a different mass rape in the DRC, calling for justice for the victims [JURIST report]. UN representatives alleged that Congolese rebel groups Mai Mai and the Democratic Liberation Force of Rwanda (FDLR) [GlobalSecurity backgrounders] raped between 150 and 200 women and children [NYT report] in a small cluster of villages in eastern DRC between July 30 and August 3 of last year. Human rights have long been a major concern in the DRC. In June, national police chief John Numbi was suspended [JURIST report] as part of the ongoing investigation into the murder of human rights activist Floribert Chebeya. In December 2009, HRW urged the UN Organization Mission in DR Congo (MUNOC) [official website] to stop funding military groups [JURIST report] in the country that are committing human rights abuses. In December 2008, Amnesty International reported that rape and sexual warfare have been employed [JURIST report] by both the DRC military and by rebel forces. In November 2008, MUNOC head Alan Doss [appointment release] condemned [JURIST report] the killing of civilians by militias in the country as war crimes. MONUC has been operating in DRC since 1999. The conflict in the DRC has claimed more than four million lives and has been ongoing since 1983. MONUC has overseen elections and continues to provide armed protection for civilians in certain areas, particularly the North and South Kivus provinces.




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