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Legal news from Monday, March 14, 2011




Obama calls for gun law reforms to minimize violence
Jennie Ryan on March 14, 2011 3:26 PM ET

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[JURIST] US President Barack Obama [official website] called Sunday for greater enforcement of gun laws [op-ed] in the wake of the January shootings in Arizona [JURIST report]. In an opinion piece published by the Arizona Daily Star, Obama called for the implementation of "sound and effective steps" aimed at minimizing gun violence. He outlined three steps designed to enhance the effectiveness of the National Instant Criminal Background Check System (NICS) [FBI backgrounder], a database that provides information to gun sellers about potential buyers' eligibility to purchase firearms. Obama called for proper implementation of NICS and an incentive system to reward the states that provide the best information to the database. He also called for the system to be made "faster and nimbler ... provid[ing] an instant, accurate, comprehensive and consistent system for background checks." Addressing the often divisive nature of gun rights discussions in the US, Obama said that he has faith that Americans on both sides of the debate can recognize that "[m]ost gun-control advocates know that most gun owners are responsible citizens [and m]ost gun owners know that the word 'commonsense' isn't a code word for 'confiscation.' And none of us should be willing to remain passive in the face of violence or resigned to watching helplessly as another rampage unfolds on television."

Following the Arizona shooting, lawmakers have largely remained silent [AP report] on issues of firearms reform. This marks the first time Obama has directly addressed reform since the shooting, during which six people were killed and 13 were wounded, including US Congresswoman Gabrielle Giffords (D-AZ) [official website]. Earlier this month, federal prosecutors filed a 49-count indictment [text, PDF; JURIST report] against the suspected gunman, Jared Lee Loughner. The new indictment carries more severe charges than the original indictment [text, PDF; JURIST report] filed in January, accounting for all victims of the attack and carrying more serious penalties. Prosecutors first filed charges against Loughner [JURIST report] in January. Loughner has pleaded not guilty.




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ICC prosecutor warns Kenya suspects will be arrested if court rules not followed
LaToya Sawyer on March 14, 2011 2:17 PM ET

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[JURIST] Chief Prosecutor for the International Criminal Court (ICC) [official website] Luis Moreno-Ocampo [official profile] on Monday warned the six Kenyans suspected of inciting the 2007-2008 post-election violence [JURIST news archive] that arrests would ensue if they did not comply with the court's conditions. The warning follows a summons [JURIST report] issued by the ICC last week for the suspects to appear before the court on April 7 for an initial hearing. All six are believed to have fomented violence, rape and destruction of property during the 30 days of violence after the election. In December, Moreno-Ocampo identified the six suspects, which include current Deputy Prime Minister Uhuru Muigai Kenyatta and several ministry heads. Due to concerns over witness interference, the court granted the requests for conditions that prohibit the suspects from threatening the witnesses or influencing any witness through corrupt measures. The ICC judges, however, rejected the prosecutor's request that would prohibit the suspects from having contact with one another. Moreno-Ocampo still suspects that abuse of governmental power could negatively affect the case and intends to further investigate several of the ministry heads' involvement with the Kenyan police and the witness protection program.

The Kenyan government has announced that they will challenge [JURIST report] the admissibility of cases [press release] relating to the post-election violence as well as the jurisdiction of the court. In December, the Kenyan Parliament [official website] approved a motion to withdraw [JURIST report] the country from the ICC. 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.




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Ex-police officer indicted for role in Srebrenica massacre
Erin Bock on March 14, 2011 2:15 PM ET

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[JURIST] The Court of Bosnia and Herzegovina [official website] on Thursday confirmed the indictment [press release, in Croatian] of a former police officer for his role in the 1995 Srebrenica massacre [JURIST news archive]. Bozidar Kuvelja was ordered into custody [press release, in Croatian] in January and has been charged with genocide. According to the indictment, Kuvelja was involved in a search in July 1995 to find Bosnian Muslims in the village of Potocari. Kuvjela and members of his police company allegedly took the individuals to a warehouse known as "the White House" and physically abused them. Kuvjela and others then killed more than a thousand men the next day and coerced survivors to exit the building with the promise of medical assistance. The men were executed when they exited the building, and Kuvjela allegedly took part in "verifying" whether each man was still alive and shot those who had survived. No hearing date has been scheduled.

Last month, French authorities arrested Milorad Momic [JURIST report] under an international arrest warrant for his suspected involvement in the massacre. Prosecutors believe that Momic is part of a Scorpion group that videotaped the murder of Bosnia Muslims near Srebrenica. Momic may be extradited to Serbia to face trial for crimes against humanity. In November, Dragan Crnogorac was arrested in Bosnia and Herzegovina [JURIST report] on suspicion of having committed genocide. Crnogorac was also a police officer who is alleged to have shot Bosnian Muslim men and boys.




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France court awards Bosnia civil war victims damages for injuries
Ann Riley on March 14, 2011 2:04 PM ET

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[JURIST] A French court on Monday awarded a Bosnian family 200,000 euros (USD $280,000) for wartime abuses committed by former Bosnian Serb leaders Radovan Karadzic and Biljana Plavsic [JURIST news archives]. In an unprecedented civil decision, the Tribunal de Grande Instance of Paris [official website, in French] ordered Karadzic and Plavsic to compensate [AFP report, in French] Adil and Zuhra Kovac and their children for the humiliation they suffered and costs incurred from Adil's injuries sustained after being attacked during the 1992-1995 Bosnian war [JURIST news archive]. During the attack on their home, Adil was beaten, and the family was locked in their gasoline-drenched house. The Kovacs fled to the woods where their grandmother was murdered and Kovac's son was shot in the leg. After the incident, the Kovacs left Bosnia and acquired French citizenship, beginning their civil suit against Karadzic, Plavsic, Ratko Mladic and Momcilo Krajisnik [ICTY materials] for 1,000,000 euros six years ago. The court found sufficient evidence that Karadzic and Plavsic were personally responsible for the harm suffered by the Kovacs. The court requested additional evidence the determine Mladic's responsibility and declared itself incompetent to hear the case against Krajisnik. The decision must now be accepted by Bosnia and Herzegovina (BiH) and communicated to Karadzic and Plavsic.

The court's ruling may pave the way for victims of war crimes to obtain civil compensation from war criminals without a criminal trial. Karadzic faces 11 war crimes charges [indictment, PDF], including counts of genocide and murder, for alleged crimes he committed during the war in BiH. Karadzic is defending himself in the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] and has denied all of the charges against him. After multiple suspensions [JURIST reports], Karadzic's trial is expected to last through 2012. In 2009, Plavsic was released [JURIST report] from a Swedish prison after serving two-thirds of her sentence for war crimes committed between July 1991 and December 1992. Plavsic voluntarily surrendered herself to the ICTY in 2001 and was sentenced to 11 years in a Swedish prison. The ICTY agreed to grant her release [JURIST report], citing good behavior and "substantial evidence of rehabilitation." In 2010, the ICTY denied [decision, PDF; JURIST report] early release to Krajisnik who was sentenced [JURIST report] by the ICTY in 2006 to 27 years in a British prison for his role in the forced evacuation and displacement of several thousand Muslims and Croatians, including women and children. The ICTY reduced [JURIST report] Krajisnik's sentence to 20 years in 2009, transferring him to a UK prison to serve his time. Mladic, who faces charges of genocide and crimes against humanity, is currently at large [JURIST report] under the jurisdiction of the ICTY and has yet to be arrested.




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Syria military court jails activist accused of harming Iran relations
Ashley Hileman on March 14, 2011 12:49 PM ET

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[JURIST] A military court in Syria on Sunday sentenced a human rights activist accused of harming the country's relations with Iran to 18 months in prison. Ali Abdullah's sentence was based on allegations that he made critical comments against Iran [AP report], thereby harming Syria's relations with a foreign country. Abdullah, an outspoken member of the "Damascus Declaration" group, previously served a 30 month sentence for his criticisms of the Syrian government. He is not the only member of the "Damascus Declaration" group, known for its 2005 declaration calling for Syria's transition into a democratic nation and improved relations with neighboring Lebanon, to be punished. In January 2008, the Syrian government arrested [JURIST report] former parliamentarian and dissident Riyad Sayf, also a prominent member of the group, and, in 2007, a Syrian court sentenced writer and activist Michel Kilo [JURIST report], who was arrested after signing the group's Beirut-Damascus Declaration, to a prison term of three years for "speaking false news, weakening national feeling and inciting sectarian sentiments."

Over the past several years, Syria has increased its prosecution of political dissidents, drawing strong criticism from the international community. However, in an interview last month, Syrian President Bashar Al-Assad indicated he would push for political reforms including municipal elections and a new media law [CP report]. Soon after the interview, Internet users reported [JURIST report] that social media sites Facebook [website; JURIST news archive] and YouTube [website; JURIST news archive] were accessible without proxy servers or VPNs. This news made it appear as though Syria was lifting the ban imposed in 2007 as a concession to avoid popular upheaval [DP report] in the country. Because both Facebook and YouTube are routinely accessed by Syrians through international proxy servers, the concession may have limited impact. Other websites, such as Amazon and Wikipedia, remain blocked for the time being.




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Ex-Blackwater contractors convicted of manslaughter for Afghan shootings
Michael Haggerson on March 14, 2011 12:39 PM ET

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[JURIST] Two former Blackwater [JURIST news archive] contractors were convicted [press release] Friday of involuntary manslaughter in the US District Court for the Eastern District of Virginia [official website] for their role in the May 2009 shooting deaths of two Afghan nationals and the wounding of a third. Prosecutors alleged that the two men, Justin Cannon and Christopher Drotleff, left their military base without authorization and opened fire into the back of a civilian car after a traffic accident. The driver of the car and a civilian bystander were killed, and a passenger in the car was wounded. Cannon and Drotleff claim that they were defending themselves. They were originally indicted [indictment, PDF] in January 2010, but were charged under the Military Extraterritorial Jurisdiction Act [text, PDF] in a superseding indictment in August. Both men were acquitted of two counts of second-degree murder, assault resulting in serious bodily injury to the passenger and firearms offenses, but were convicted of involuntary manslaughter for the death of the driver. The men could be sentenced to a maximum of eight years in prison.

Cannon and Drostleff were initially tried in September, but the judge declared a mistrial [JURIST report] after the jury failed to reach a verdict. In April, a federal grand jury indicted five former Blackwater executives [JURIST report] on charges of weapons violations and lying to investigators. In February 2010, the Iraqi government ordered 250 former Blackwater employees to leave Iraq [JURIST report] in reaction to the dismissal of charges against former Blackwater employees accused in the deaths of 17 Iraqi civilians [JURIST report] in 2007. That month, the Department of Justice [official website] also opened an investigation [JURIST report] into whether Blackwater bribed the Iraqi government to be permitted to continue operating in Iraq following the 2007 shootings. Blackwater ceased operations in Baghdad [JURIST report] in May 2009 when its security contracts expired and were not renewed.




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Pakistan ex-president Musharraf says UK gave 'tacit approval' to use of torture
Zach Zagger on March 14, 2011 11:17 AM ET

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[JURIST] Former Pakistani president Pervez Musharraf [BBC profile; JURIST news archive] said that the UK gave "tacit approval" for torture of terror suspects, making the statements in a BBC documentary to be aired Monday. Musharraf's claims raise questions [BBC report] over UK's public stance discouraging other countries from torturing UK citizens on its behalf. Musharraf, who was president of Pakistan from 1999-2008 and a key US ally against al Qaeda, told the BBC that he was never informed of the UK's policy discouraging torture and defended the use of torture to fight al Qaeda. But Baroness Eliza Manningham-Buller, head of UK intelligence MI5 [official website] at the time, denied that it turned a blind-eye to torture by other countries. Claims that the UK allowed torture by other countries will be investigated by an independent commission set to begin work within the next two months. One of those believed to have been tortured with UK acquiescence was Binyam Mohamed [JURIST news archive], an Ethiopian native who had lived in the UK for eight years. He has claimed he was tortured by US officials at Guantanamo Bay [JURIST news archive] with the knowledge of UK security services. He has denied allegations against him and claims he made false admissions under the duress of torture.

Musharraf himself has come under scrutiny during his time as Pakistan president. Last month, an arrest warrant was issued [JURIST report] for Musharraf by a Pakistani anti-terrorism court in connection with the assassination of former prime minister Benazir Bhutto [BBC obituary; JURIST news archive]. The court determined Musharraf had not cooperated during the investigation of Bhutto's death, and investigators have alleged that Musharraf did not provide adequate security for Bhutto when she was assassinated during a campaign rally in Pakistan in 2007. Last December, the UK government agreed to settlements [JURIST report] with 16 Guantanamo Bay detainees, including Mohamed, over allegations of torture. Details of the settlement agreement, which are legally bound to a confidentiality agreement, have not been released, although at least seven detainees are expected to receive compensation, with at least one receiving over one million pounds.




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Bahrain lawmakers call for state of emergency
Dwyer Arce on March 14, 2011 10:35 AM ET

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[JURIST] A group of 22 Bahraini lawmakers on Sunday called on King Hamad bin Isa Al Khalifa [official website] to declare a state of emergency in response to the latest protests against the monarchy. The lawmakers, members of the pro-government Independent Bloc, called on Khalifa to invoke martial law [BNA report] under articles 36 and 123 of the Bahraini Constitution [text, PDF] and deploy the Bahrain Defense Force to ensure national security and preserve state institutions. The call came after 5,000 protesters demanded an end to the monarch Sunday, following over a month of protests in Bahrain and throughout the Middle East and North Africa [BBC backgrounder]. On Monday, the member states of the Gulf Cooperation Council (GCC) [official website], which includes Bahrain, Saudi Arabia, Kuwait, Oman, Qatar and the UAE, deployed troops to Bahrain [BBC report] for the purpose of guarding oil installations and financial institutions.

The Bahraini government's response to the protests have prompted international concern. In February, UN Secretary-General Ban Ki-moon [official profile] called for an end to violence against protesters [JURIST report] in the country, referencing attempts to quell protests sweeping across the region. 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], condemned violence by security forces in Libya, Bahrain and Yemen against anti-government demonstrators as illegal and excessively heavy-handed. Pillay also stressed that Bahrain has an obligation to respect human rights as a party to the International Covenant on Civil and Political Rights [text].




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Nigeria legislature urged to create special electoral offenses commission
Sarah Paulsworth on March 14, 2011 9:28 AM ET

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[JURIST] Human Rights Watch (HRW) [advocacy website] and the Nigerian Bar Association [association website] called Sunday for Nigeria's National Assembly (NASS) [official website] to pass legislation creating a special electoral offenses commission [statement]. The commission would be tasked with investigating and prosecuting election-related abuses, including violence. Presidential elections are scheduled in Nigeria for April 9, while voting for National Assembly members will occur on April 2, and voting for state governors and state assembly representatives will occur on April 16. These will be the first elections since the death of former president Umaru Yar'Adua [BBC obituary] in May. Former vice president Goodluck Jonathan [BBC profile; JURIST news archive] assumed the presidency in February 2010 after parliament voted [JURIST report] for him to step in for the ailing Yar'Adua. Previous elections in Nigeria have been marred by violence and fraud [JURIST reports]. HRW Senior West Africa Researcher Corinne Dufka said:
The National Assembly should use the last few weeks before elections in April to end the history of electoral impunity and to create an independent Electoral Offences Commission. Failure to do so would risk further entrenching violence and corruption in the electoral process and continue the disenfranchisement of Nigerian citizens.
According to HRW, more than 50 people have been killed since November in politically-motivated and election-related violence.

In November, a judge for Nigeria's Federal High Court [official website] in Lagos ruled [JURIST report] that an amendment to the 1999 Nigerian Constitution [text] made by NASS cannot become operational law without the assent of the president. The amendment, known as the Constitution (First Amendment) Act 2010 [text, PDF] was passed in June. It repeals the Independent National Electoral Commission Act 2006 in order to re-instate the Nigerian Independent National Election Commission (INEC) [official website]. Also in June, the legislature passed [JURIST report] revisions to the constitution to clarify the exercise of executive authority in absence of the president. The constitutional revisions changed federal election law by removing a provision of the constitution that disallowed people who had been charged with fraud from standing for election and requiring candidates for federal office to have a degree beyond secondary education.




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