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Legal news from Sunday, August 7, 2011




Whistleblower soldier pleads guilty in Afghan civilian death
Aman Kakar on August 7, 2011 4:06 PM ET

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[JURIST] Military judge Colonel David Conn sentenced Specialist Adam Winfield to three years in prison, demotion to private and a bad-conduct discharge on Friday for involuntary manslaughter in the death of an Afghan civilian. Winfield pleaded guilty [AP report] to involuntary manslaughter and to smoking hashish. Winfield, who has already spent a year in custody, was originally charged with premeditated murder and could have faced life in prison. He is one of five 5th Stryker Brigade soldiers accused in three civilian deaths during patrols in Afghanistan in January, February and May of last year. Winfield's charges stem from his failure to intervene and prevent the other soldiers from attacking Afghan civilians. Winfield notified his family about the killings who then informed the authorities. The Army took no action until they learned of the killings from a second source. Winfield will testify as a witness against the remaining defendants.

Winfield is the latest soldier to be sentenced in the probe into 12 members of the 5th Stryker Brigade regarding the civilian deaths began in May 2010 [JURIST report]. In May, US army prosecutors charged Staff Sgt. David Bram [JURIST report] of Joint Base Lewis-McChord [official website] with solicitation to commit premeditated murder, failure to report crimes including murder, planting evidence near the body of an Afghan national, unlawfully engaging in murder scenario conversations with subordinates and aggravated assault with a dangerous weapon. Bram was court-martialed in November [JURIST report] for charges unrelated to the murders. He was accused of severely beating an Army private in his unit to keep the soldier from informing superiors about alleged drug abuse within the unit. The charges included conspiracy to commit assault and battery, unlawfully striking another soldier, violating a lawful order, dereliction of duty, cruelty, maltreatment and endeavoring to impede an investigation. Staff Sgt. Robert Stevens, another member of the brigade, pleaded guilty in December [JURIST report] to shooting two unarmed Afghan farmers following a plea agreement that will allow him to remain in the military after serving a nine month sentence and testifying against other soldiers accused of terrorizing civilians.




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Federal appeals court strikes down Wisconsin ban on hormone therapy for inmates
Aman Kakar on August 7, 2011 2:53 PM ET

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[JURIST] The US Court of Appeals for the Seventh Circuit [official website] on Friday upheld [opinion, PDF] a lower court's ruling invalidating the Inmate Sex Change Prevention Act [Act 105 text], which prohibited the Wisconsin Department of Corrections (DOC) [official website] from providing transgender inmates with hormone treatment. The district court invalidated the act because it violated the Eighth Amendment ban on cruel and unusual punishment and the Fourteenth Amendment's Equal Protection Clause. The appeals court rejected the defendants' contention that the state legislature has the power to prohibit certain medical treatments when other medical treatments are available and that the act is justified by a legitimate need to ensure security in state prisons. The appeals court first found that Gender Identity Disorder (GID) is a psychiatric disorder often treated with hormones to relieve psychological distress and that when hormones are withdrawn, severe complications may arise. The court found that the defendants failed to produce evidence to show that other treatment existed to effectively treat GID without hormones. By not providing the inmates with effective treatment, the court found that the DOC violated the Constitution's ban on cruel and unusual punishment, articulated in Estelle v. Gamble [opinion text] by denying effective treatment for a serious medical need. To advance their second argument, the defendants argued that the more feminine male inmates become targets for sexual assault in prisons and therefore hormone therapy incites prison violence. The appeals court rejected this argument on evidence that showed transgender inmates may be targets for violence even without hormones and therefore the act had no legitimate purpose. The appeals court did not consider the Equal Protection challenge since it had concluded that the district court properly held the act violated the Eighth Amendment, both on its face and as it applied to the plaintiffs.

State lawmakers passed the hormone therapy ban when an inmate who had been receiving hormone therapy sued the DOC when it refused to pay [Journal Sentinel report] for a sex-change operation. That inmate is not a part of this suit. The three plaintiffs in the suit are male to female transsexuals who have been diagnosed with GID. US District Judge Charles Clevert issued an injunction last year enjoining DOC officials from stopping the treatment.




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Israel ex-president begins appeal before high court
Daniel Makosky on August 7, 2011 2:17 PM ET

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[JURIST] Former Israeli president Moshe Katsav [BBC profile; JURIST news archive] on Sunday appeared before the Supreme Court of Israel [official website, in Hebrew] to begin the appeal of his conviction and seven-year sentence for rape and sexual assault [JURIST reports]. The proceedings, which are being held in open court, are expected to conclude following two weeks of arguments [JTA report]. Katsav's sentence was postponed in May, shortly after he filed the 300-page appeal [JURIST reports]. Following a request from Katsav's defense team made at the time of the appeal's filing, the court ruled earlier that its contents will be conditionally released to the public in the future. The Tel Aviv District Court [official website, in Hebrew] convicted Katsav in December, finding that he assaulted a female employee of the Department of Tourism during his time as minister and two women at the President's Residence during his time as president. Katsav's appeal puts forth that his relationship with the female employee was consensual and the trying judiciary was biased against him due to the media's pervasiveness during the trial.

Katsav was initially indicted on rape charges [JURIST report] in 2009 for allegedly assaulting female employees in the 1990s. In 2008, Katsav rejected a plea agreement [JURIST report] that would have permitted him to plead guilty to lesser charges of indecent assault, sexual harassment and obstruction of justice in exchange for a suspended sentence and the dropping of rape charges. The plea deal had been criticized [JURIST report] by women's and civil rights activists, prompting five separate petitions to overturn the agreement.




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Saudi Arabia amends highly criticized anti-terrorism law
Ashley Hileman on August 7, 2011 11:21 AM ET

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[JURIST] Saudi Arabian officials on Saturday proposed amendments to the draft anti-terrorism law that received much criticism from human rights groups. A spokesperson for the Shura Council confirmed [Reuters report] that the draft of the Penal Law for Terrorism Crimes and Financing of Terrorism [text, in Arabic] was discussed during a session of the council in which changes to make the law less severe were proposed. The amended version of the law would criminalize taking up arms against the king or crown prince as opposed to the original version, which made questioning the king or crown prince a crime, carrying a minimum prison sentence of 10 years. The council seeks to amend the draft further before sending it to the king for approval. However, the changes may be overridden, given the council's limited powers. Amnesty International (AI) [advocacy website] revealed [JURIST report] the draft law and criticized it in a press release, contending that the legislation's definition of "terrorist crimes" is overly broad and would allow authorities to prosecute protestors for a wide range of conduct. AI also claimed that the draft law conflicts with international human rights treatises such as the UN Convention Against Torture (CAT) [text].

The proposed law comes in response to recent civil unrest in Saudi Arabia and other Middle Eastern and North African nations, but this is not the first time Saudi Arabia has been criticized for rigid counterterrorism practices. Human Rights Watch (HRW) [advocacy website] reported [text, PDF] in 2009 that Saudi Arabia was illegally detaining thousands [press release] under the auspices of combating terrorism. The report echoed another AI report [text; JURIST report] which claimed that Saudi Arabian officials were allegedly using anti-terrorism measures as an excuse to secretly detain, imprison, torture and even kill thousands of people. In February 2009, the US Department of State released its 2008 Report on Human Rights Practices for Saudi Arabia [text; JURIST report], in which it identified several significant human rights issues, including denial of public trials and lack of due process in the judicial system, detention of political prisoners, incommunicado detention and lack of government transparency. Saudi Interior Minister Prince Nayef bin Abdul-Aziz [official website, in Arabic] announced in October 2008 that the kingdom had indicted 991 [Reuters report] suspected al Qaeda members. HRW sought access [HRW request] to the trials in an attempt to ensure compliance with international standards, but was denied.




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Convicted Abu Ghraib ringleader released early
Ashley Hileman on August 7, 2011 10:37 AM ET

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[JURIST] The convicted ringleader of abuses committed at Abu Ghraib prison [JURIST news archive] in Baghdad was released Saturday after serving more than six-and-a-half years of his 10-year sentence. Army Spc. Charles Graner [JURIST news archive], who was being held at the US Disciplinary Barracks at Fort Leavenworth, was released early [AP report] as a result of earning days off for good behavior. Graner was convicted [JURIST report] in 2005 of conspiracy, assault, maltreating prisoners, dereliction of duty, and committing indecent acts and received the longest sentence of the six others involved in the abuses. In May 2010, the US Court of Appeals for the Armed Forces [official website] heard arguments [JURIST report] in the appeal of his 10-year sentence and affirmed his conviction [AP report] the following month. Graner will remain under military supervision until 2014.

In June, the US Department of Justice (DOJ) [official website] initiated a grand jury investigation [JURIST report] into the torture and death of a detainee at Abu Ghraib. Manadel Al-Jamadi was captured [JURIST report] by US Navy SEALs on November 4, 2003, and held in Abu Ghraib prison as a "ghost detainee," or unregistered prisoner, for his suspected involvement in the bombing of a Red Cross center in Baghdad that killed 12 people. Ninety minutes after entering Central Intelligence Agency (CIA) [official website] custody he was dead and his body was preserved in ice, allegedly to cover up the circumstances of his death. Al-Jamadi's death at the detention center was ruled a homicide [JURIST report] and the US military never revealed the exact circumstances, though reports show he died while suspended by his wrists, which were handcuffed behind his back. Federal prosecutor John Durham is leading [AP report] the torture and war crimes investigation.




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