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Legal news from Thursday, March 10, 2011




Federal court indicts 14 suspected pirates
Julia Zebley on March 10, 2011 3:31 PM ET

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[JURIST] A grand jury in the US District Court for the Eastern District of Virginia on Thursday indicted [text, PDF] 14 suspects for overtaking a yacht containing four Americans. The Americans, taken as hostages, were later killed by the pirates, the first US citizens to die in the recent wave of international maritime piracy [JURIST news archive]. The suspects, 13 Somali and one Yemeni, were charged with piracy, conspiracy to commit kidnapping and the use of firearms during a crime. A juvenile who participated was not charged [WAVY report] due to his minor status and limited role in the hijacking. A conviction of piracy attaches a mandatory life sentence. In a press release [text], FBI Assistant Director-in-Charge of the New York Field Office Janice Fedarcyk [official profile] said:
Modern day piracy has real and serious consequences, disrupting commerce and threatening Americans' lives. It is a crime against the international community, a form of terrorism on the high seas. Today's charges should send a clear message to those who attempt to engage in piracy against Americans or American vessels: even on the open ocean, you are not beyond the reach of American justice.
Federal prosecutor Neil MacBride [official profile] stated that more charges could be filed. There have been seven convictions of pirates in the US, with five awaiting sentencing [JURIST report]. The other two received 30- and 34-year sentences [JURIST reports].

Piracy near the continent of Africa has become an increasingly serious problem for private shipowners and many nations. In January, the UN Secretary-General's special adviser on maritime piracy Jack Lang [official profile] proposed an international piracy court [JURIST report]. Due to the lack of such a court, several nations have been conducting piracy trials. A German court began the trial [JURIST report] of 10 suspected Somali pirates in that country's first piracy trial in 400 years in November. A Yemeni court sentenced [JURIST report] a group of 10 Somali pirates to five years in prison. Prior to these trials, Kenya was conducting the bulwark of piracy trials. However, the high court of Mombasa ruled that Kenya does not have jurisdiction [JURIST report] outside of its national waters, releasing nine suspected Somali pirates. Other nations that have conducted such trials include the Netherlands, Seychelles, Mauritius, Somalia, and Spain [JURIST reports].




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Yemen president promises new constitution as protests continue
Julia Zebley on March 10, 2011 1:48 PM ET

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[JURIST] Yemeni President Ali Abdullah Saleh [official website] promised Thursday to create a new constitution guaranteeing parliamentary and judiciary freedoms, but protesters were not satisfied, flooding the streets in response. In a speech [press release] given to supporters in Sana'a, Saleh promised various reforms:
The initiative includes transferring government power to an elected parliamentary system by the end 2011, shifting the local authority to full-power local ruling, establish Yemeni regions on the grounds of economic and geographical criteria and prepare a new election law includes proportional representation in addition to forming a new government of national unity.
Saleh also ordered officials "to listen to demands of the youth who are holding sit-ins." Saleh has previously pledged not to run for reelection [Yemen Post report] and will retire in 2013. He promised not to allow his son to succeed him, ordered a 15 percent salary increase for government employees and canceled student tuition fees at public universities. Protests have continued despite his announcement, culminating on Tuesday near Sana'a University, when security forces fired tear gas and rubber bullets on anti-government protesters. Conflicting reports state as many as 80 were injured [Yemen Post report], and as many as two killed [AP report].

Protests, largely organized by the Joint Meeting Party (JMP), have been ongoing in Yemen [BBC Profile] since February, largely calling for Saleh to step down. Saleh has been in power since 1978 and is considered popular in Yemen and the international community. However, he and his party, the General People's Congress (GPC) have caused mounting political tensions due to attempts to remove presidential term limits [JURIST report] and expand their political power. In December, the parliament stoked outrage among opposition parties and independents when it amended the constitution [AFP report] to eliminate provisions requiring that opposition parties be represented on the high election commission. Although the government has maintained control urban areas, the northern and southern parts of the country remain unlawful and dangerous, plagued by southern separatists groups and al Qaeda [JURIST news archive]. Due to this, Saleh and Yemen have allied to the US in the war on terror, accepting military aid and allowing drone strikes to defeat al Qaeda. The protests in Yemen have been analyzed in two recent JURIST op-eds: Constitutional Enforcement in Tunisia, Yemen, and Egypt by L. Ali Khan, Professor of Law at Washburn University, and The Middle East protest movements: each with a story, all with uncertainty by Dr. Jonathan Schanzer, Vice President of Research, Foundation for Defense of Democracies [advocacy organization].




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DRC military court jails army officers for rape
Jaclyn Belczyk on March 10, 2011 1:43 PM ET

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[JURIST] A military court in the Democratic Republic of the Congo (DRC) [JURIST news archive] has sentenced 11 army officers to prison for raping more than 20 women last year, a court official said Thursday. Three officers were sentenced to 15 years in prison [AFP report], while eight others were sentenced in absentia to life. UN envoy on sexual violence, Margot Wallstrom, welcomed the verdict [UN News Centre report] as sign that justice is possible. "This sends a strong signal to all perpetrators of acts of sexual violence that no military commander is beyond the law, including members of a national army," she said. "It also shows that the focus on ending impunity for this type of crimes continues to render concrete results."

Last month, the same court found Lt Col Kibibi Mutware guilty of involvement in mass rapes [JURIST report] that took place on New Year's Day and sentenced him to 20 years imprisonment, dismissing him from the military. Eight of his troops were also given prison sentences of between 10 and 20 years and expelled from the army for their involvement in the attack. The DRC has been called the 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]. 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. 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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Morocco king announces plans for constitutional reform
Hillary Stemple on March 10, 2011 11:31 AM ET

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[JURIST] King Mohammed VI of Morocco on Wednesday announced plans for a series of constitutional reforms [text], which, if enacted, would result in more power being given to elected officials, as well as an independent judiciary. Under the plan, the prime minister would be chosen based on the political party elected to a majority of seats in parliament, more power would be granted to the parliament and local officials would also be granted more power through a "regionalization program." Under the regionalization program, officials would be elected to regional councils through a direct vote, and the councils would be responsible for governing the affairs of the region. The monarch stressed the importance of regional equality, stating:
Our ultimate objective is to strengthen the foundations for a Moroccan regionalization system throughout the Kingdom, particularly in the Moroccan Sahara provinces. It should be based on good governance which guarantees a new, more equitable system for sharing not only powers, but also resources between the central authority and the regions. What I do not want is a two-speed regionalization, with fortunate regions that have the resources required for their progress on the one hand, and underprivileged regions lacking the requisites for development, on the other.
The plan would also promote the participation of women in the political process, and it was noted that "the law should favour equal access by women and men to elected office." In order to begin the reform process, Mohammed announced the formation of a committee, which will meet with the various factions within the country and formulate specific language for the constitutional reforms based on the guidelines set forth by the monarch. According to the king, the committee is to make their recommendations by June, and the constitutional reforms will then be put to a vote in a national referendum.

The announcement of the constitutional reforms comes less than a month after thousands of Moroccans demonstrated [AFP report] across the country, demanding limits on the power of the monarch, as well as more sweeping political reform. Similar protests have occurred recently throughout the Middle East and North Africa [BBC backgrounder], and have resulted in the resignations of Tunisian president Zine al-Abidine Ben Ali and Egyptian president Hosni Mubarak [JURIST reports]. Protests continue in Libya, where leader Muammar Gaddafi [BBC profile; JURIST news archive] and his inner circle have been accused of perpetrating violence against protesters [JURIST report]. Last month, the UN Security Council [official website] voted unanimously to impose sanctions [JURIST report] on Libya and to refer ongoing repression of demonstrators in the country to the International Criminal Court (ICC) [official website]. ICC Chief Prosecutor Luis Moreno-Ocampo [official profile] has announced that the ICC will fully investigate allegations of crimes against humanity in Libya and that the ICC will not grant immunity [JURIST reports] to any person perpetrating those crimes.




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Oklahoma House approves bill banning abortion after 20 weeks
Jaclyn Belczyk on March 10, 2011 11:10 AM ET

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[JURIST] The Oklahoma House of Representatives [official website] voted 94-2 Wednesday to approve a bill [HB 1888] that would ban abortion [JURIST news archive] after 20 weeks of gestation. The "Pain-Capable Unborn Child Protection Act," similar to a bill passed in Nebraska [JURIST report] last year, is based on evidence suggesting that a fetus can feel pain after 20 weeks [Reuters report]. The legislation would permit abortions after the 20-week mark only in cases where the mother's life is at risk or she faces serious injury. Doctors who perform abortions after 20 weeks would be subject to criminal prosecution, but there would be no penalty for women undergoing the procedure. The bill will now advance to the Senate, where it is expected to pass [NewsOK report].

This bill is the latest attempt by the Oklahoma legislature to place restrictions on abortion. In July, an Oklahoma district judge extended a temporary restraining order blocking enforcement of a new law [JURIST report] requiring women seeking abortions to have an ultrasound and hear a description of the fetus. In May, Oklahoma lawmakers overrode a veto [JURIST report] by Oklahoma Governor Brad Henry [official website] and approved a bill requiring women seeking an abortion to complete a questionnaire containing information on marital status, reason for seeking the abortion and whether the pregnancy is the result of rape or incest. In April, Henry signed three abortion bills into law [JURIST report]. The first bill prohibits abortions performed because of the gender of the fetus. The second bill creates the Freedom of Conscience Act and protects medical employees who refuse to participate in procedures such as abortion based on religious beliefs. The third bill regulates the use of RU-486, or mifepristone, a chemical used in abortion procedures.




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Kenya to challenge ICC summons
Hillary Stemple on March 10, 2011 10:35 AM ET

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[JURIST] The Kenyan government announced Wednesday that they will challenge the admissibility of cases [press release] relating to the 2007-2008 post-election violence [JURIST news archive] in the International Criminal Court (ICC) [official website], as well as the jurisdiction of the court. The ICC on Tuesday issued summons [JURIST report] for six Kenyans accused of inciting the violence, including current Deputy Prime Minister Uhuru Muigai Kenyatta and several Ministry heads. All six are believed to have fomented violence, rape and destruction of property during the 30 days of violence. A government spokesperson stated the ICC summons are an attempt to signal that Kenya is a failed state [Bloomberg report]. He also noted that the government's challenge of the ICC's jurisdiction is a way to show the country's progress. The suspects have been summoned to appear before the ICC on April 7 for an initial appearance. This would be followed by a confirmation of charges hearing, after which the court would then need to decide whether the suspects should stand trial.

Members of the Kenyan government have previously rejected the ICC's authority to try cases relating to the post-election violence. In December, the Kenyan Parliament [official website] approved a motion to withdraw [JURIST report] the country from the ICC. The motion was approved after ICC Chief Prosecutor Luis Moreno-Ocampo [official profile] identified the six suspects targeted by the ICC and rejected the notion [JURIST reports] that threats of violence would delay the prosecution. In November, the Kenyan National Commission on Human Rights, which implicated former Cabinet minster William Ruto of interfering with the ICC investigation, denied accusations that it had bribed witnesses [JURIST report]. Moreno-Campo had also said that the court will not use testimony [JURIST report] from three Kenyan witnesses who claim they were bribed to provide false evidence against a high-ranking government official. In September, Kenyan businessman Joseph Gathungu filed a lawsuit challenging the constitutionality [JURIST report] of the ICC investigation into the post-election violence. Violence following the election left more than 1,100 people dead, 3,500 injured and up to 600,000 forcibly displaced. In addition, there were hundreds of rapes and more than 100,000 different properties were destroyed in Kenya.




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