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Legal news from Thursday, April 14, 2011




Somali man indicted in US as alleged pirate leader
Dan Taglioli on April 14, 2011 1:39 PM ET

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[JURIST] A suspected Somali pirate leader appeared [DOJ press release] for a detention hearing in the US District Court for the Eastern District of Virginia [official website] on Wednesday after his March 8 indictment was unsealed. In his announcement, US Attorney Neil MacBride wrote, "[t]oday marks the first time that the U.S. government has captured and charged an alleged pirate in a leadership role—a hostage negotiator who operated in Somalia." Mohammad Saaili Shibin, 50, was reportedly captured by the FBI and military on April 4 and sent to the US to face criminal charges for negotiating ransom payments for four Americans who were kidnapped in February when their yacht was hijacked near Oman. All four hostages were subsequently killed. According to news reports [Reuters report], pirates seized the yacht and were negotiating with the US military when a pirate fired a rocket-propelled grenade at the destroyer USS Sterett. Gunfire then broke out inside the pirate vessel, which prompted American special forces to board the ship, killing two pirates in the process, only to find two more dead pirates and the four slain hostages. Shibin's indictment alleges he performed Internet research to determine both an appropriate ransom amount for the hostages and how to contact their families to make demands for payment. Shibin and 14 alleged co-conspirators have been charged with piracy, conspiracy to commit kidnapping and use of firearms during a crime of violence. If convicted the men could face life in prison. Shibin will remain in federal custody, with his arraignment scheduled for April 27.

Kenya, Germany, Seychelles, the Netherlands, Mauritius, Yemen, Somalia and Spain [JURIST reports] have all attempted to prosecute suspected Somali pirates. In the past few months, US courts have sentenced Somali pirates to 25 years, life and 34 years [JURIST reports] in prison. However, in August a federal judge dismissed piracy charges against 6 Somalis [JURIST report] because the government "failed to establish that any unauthorized acts of violence or aggression committed on the high seas constitutes piracy" under 18 USC § 1651 [text]. Somali officials have criticized [BBC report] the US for exercising jurisdiction over suspected Somali pirates and have called for piracy cases to be handled by an international tribunal. Oceans Beyond Piracy [advocacy website] has estimated the total cost of piracy [report, PDF] in 2010 to be in the range of $7-12 billion, including $148 million spent on ransoms and up to $3 billion on re-routing ships. At the end of 2010, approximately 500 individuals were being held hostage by Somali pirates.




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Tunisia charges ousted president with protester abuse
Jennie Ryan on April 14, 2011 1:16 PM ET

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[JURIST] Tunisian Justice Minister Lazhar Karoui Chebbi [profile, in French] announced [press release, in Arabic] Wednesday that the government has charged former president Zine Al Abidine Ben Ali [BBC profile; JURIST news archive] with 18 offenses ranging from murder and conspiracy to trafficking and drug use. The charges stem mostly from allegations that Ben Ali authorized the use of force against protesters during the Tunisian revolution, resulting in the deaths of more than 200 protesters. In January, Chebbi announced an arrest warrant had been issued for Ben Ali [JURIST report]. The country is currently seeking his extradition from Saudi Arabia [JURIST report]. Chebbi also announced that a joint delegation of the Ministry of Justice [official website, in Arabic] and the Ministry of the Interior will travel to International Crime Police Organization (Interpol) [official website] headquarters to seek expedited implementation of the extradition requests.

The charges come after advocacy groups Amnesty International (AI) and Human Rights Watch (HRW) [advocacy websites] called for the Tunisian transitional government to investigate incidents of police violence against protesters and end police brutality [JURIST reports]. 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 report] amid nationwide protests, banning public gatherings and allowing police to fire on anyone refusing to obey orders, and fled the country. The leader of the lower house of parliament, Foued Mebezza, assumed power as interim president [JURIST report] and will remain in power until elections are held, which Prime Minister Mohammed Ghannouchi [Reuters profile] has promised will be in the next few months.




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Bosnia war crimes court indicts former Croat soldier
Alexandra Malatesta on April 14, 2011 12:44 PM ET

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[JURIST] The Court of Bosnia and Herzegovina (BiH) [official website] on Thursday indicted [press release] former Croat soldier Miroslav Anic for war crimes against Bosnian Muslim civilians allegedly committed during the 1992-95 Bosnian civil war [JURIST news archive]. The indictment alleges [Reuters report] that Anic and his unit were responsible for an attack on the village of Grahovc, where eight men were separated from their families and executed with automatic weapons. Anic and his unit are also allegedly responsible for "cleansing" the village of Han Ploca, where 20 men were executed in similar fashion, and murdering 38 more in the village of Stupni Do.

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 January, the court sentenced [JURIST report] Sefik Alic, a Muslim commander, to 10 years in prison, overturning his 2008 acquittal. In December, the court convicted four former Bosnian Serb policemen [JURIST report] of killing at least 150 civilians during the Bosnian civil war. 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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Maritime piracy at all-time high, Somalia waters driving explosion: report
Daniel Richey on April 14, 2011 11:05 AM ET

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[JURIST] International maritime piracy [JURIST news archive] reached an all-time high in the first quarter of 2011, says a report [press release] released Thursday by the International Chamber of Commerce (ICC) International Maritime Bureau (IMB) [official website]. The ICC's piracy reporting center, which has monitored reports of maritime piracy 24 hours a day since 1991, reports that through the end of March, 18 vessels and 344 crew members have been taken hostage, 15 of them in waters off the east coast of Somalia. Forty-five additional ships report having been boarded in 2011, with another 45 saying they have taken fire. The hijackings have accounted for the deaths of seven crew members and injuries to an additional 34. IMB director Pottengal Mukundan says that the problem continues to mount, especially around the Arabian Sea:
Figures for piracy and armed robbery at sea in the past three months are higher than we've ever recorded in the first quarter of any past year. ... We're seeing a dramatic increase in the violence and techniques used by pirates in the seas off Somalia. The overwhelming number of vessels hijacked off Somalia took place east and north east of the Gulf of Aden. The positions of some of the attackers' mother ships are known. It is vital that strong action is taken against these mother ships to prevent further hijackings
Mukundan said that vessels hauling large volumes of highly flammable materials, such as gas and petroleum, have been especially vulnerable. To request a PDF copy of the report, visit the ICC's website [report request form].

Incidents of international maritime piracy continue to climb. Earlier this week, the UN Security Council [official website] unanimously approved a resolution [JURIST report] to consider creating new laws, courts and prisons specialized to address the growing problem of piracy off the coast of Somalia. Last January, the IMB reported [JURIST report] that, to that point, 2009 marked the worst year of piracy since 2003, spiking near Somalian waters then as well. In July 2009, the IMB reported [JURIST report] that pirate attacks around the globe doubled in the first half of 2009. Few countries have been willing to prosecute suspected pirates. The few that have attempted to do so include Germany, Seychelles, the Netherlands, Mauritius, Yemen, Somalia and Spain [JURIST reports].




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Bosnian Serb leader seeks referendum on war crimes court
Sarah Paulsworth on April 14, 2011 9:40 AM ET

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[JURIST] Bosnian Serb President Milorad Dodik [official website, in Serbian] initiated legislation [official agenda] in the National Assembly of Republika Srpska [official website, in Serbian] on Wednesday to challenge the legitimacy [legislative materials, in Serbian] of Bosnia and Herzegovina's (BiH) war crimes court and the nation's prosecutor's office. Dodik alleges that the court is biased [AFP report] because it has prosecuted more ethnic Serbs than ethnic Croats or Muslims. Additionally, he said that the international community acted in contravention [AP report] of the Dayton Peace Accords [USDOS materials] by setting up the court, which was not envisaged in the Accords. After Wednesday's debate, legislators in Republika Srpska's 83-member National Assembly approved a referendum [Serbian Voice report, in Serbian] on the matter. The date for the referendum has not been determined.

Republika Srpska is a legal entity within BiH that has a predominantly ethnic-Serb population. According to statistics provided by Dodik, through 2010, ethnic Serbs have been sentenced to a total of 1,067 years of imprisonment by the war crimes court, whereas ethnic Croats were sentenced to 137.5 years and ethnic Bosniacs to 124 years of imprisonment. In addition, the statistics indicate that out of the convictions handed down by the court, 50 have been against ethnic Serbs, 11 against Croats and eight against Bosniacs. In March, the court confirmed the indictment [JURIST report] of a former police officer for his role in the 1995 Srebrenica massacre [JURIST news archive]. In November, Dragan Crnogorac was arrested in BiH [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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Italy lower house approves bill effectively cutting Berlusconi bribery trial short
Ann Riley on April 14, 2011 8:58 AM ET

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[JURIST] The Italian Chamber of Deputies [official website, in Italian] approved legislation [C.3127-A materials, in Italian] by a vote of 314-296 Wednesday to shorten the statute of limitations for criminal trials of defendants who do not have prior convictions. The Italian Senate [official website, in Italian] passed a similar version [S.1880 materials, in Italian] last January, to protect citizens against an infinite duration of judicial processes. The bill [fact sheet, in Italian] is part of a comprehensive reform of the judiciary headed by Italy's Minister of Justice Angelino Alfano [official website, in Italian], to bring the justice system in accordance with Article 111 of the Italian Constitution and Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms [texts]. However, critics argue that the legislation is an attempt by the supporters of Italian Prime Minister Silvio Berlusconi [official website, in Italian; JURIST news archive] to keep him out of jail [Reuters report]. The measure, still needing final approval by the Senate, would shorten the statute of limitations in a bribery case to six or eight months—effectively ending Berlusconi's bribery trial by this summer. Berlusconi is accused of paying his British lawyer David Mills [The Independent profile] USD $600,000 to falsely testify in court about his business dealings. Berlusconi currently has four active trials pending against him.

The Italian Parliament [official website, in Italian] has previously attempted to shield Berlusconi from trial, passing a law [materials, in Italian; JURIST report] last March that granted the premier and other public officials temporary immunity from charges while in office. In January, the Italian Constitutional Court [official website, in Italian] held hearings and subsequently struck down [JURIST reports] portions of the law, finding it in violation of Article 3 of the Italian Constitution [text], which provides that "all citizens have equal social status and are equal before the law." The constitutional review of the law was sought by judges in Milan [JURIST report], where Berlusconi is charged in two cases on corruption and tax fraud. On Monday, Berlusconi attended a hearing [JURIST report] in Milan to defend himself against charges that his media empire, Mediaset [corporate website, in Italian], purchased television rights for US movies through offshore companies and falsely declaring the costs on its taxes. Last month, Berlusconi attended a separate hearing [JURIST report] to defend himself against charges of inflating the price paid to buy television rights for Mediaset to fund political activities. Prior to that hearing, Berlusconi had not attended a case hearing for more than seven years. The recent appearances are a rarity for Berlusconi who has been a defendant in close to 50 trials but has consistently stayed away from court. Last week, Berlusconi failed to attend a trial [JURIST report] on charges against him for abusing the power of his office and allegedly offering cash and jewels in exchange for sex with 17-year-old Moroccan-born Karima El Mahroug, known as Ruby. In addition to the payments, Berlusconi also allegedly called police to secure Ruby's release while she was detained on an unrelated suspicion of theft. In February, an Italian judge ordered Berlusconi to stand trial [JURIST report] on the charges of paying for sex with a minor and abuse of power.




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