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Legal news from Sunday, August 21, 2011




Libya requests UN investigation into NATO abuse
Alexandra Malatesta on August 21, 2011 3:47 PM ET

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[JURIST] Libyan Prime Minister Al Baghdad Ali Al-Mahmoudi [BBC backgrounder] requested that the UN create a "high-level commission" to investigate alleged human rights abuses [Reuters report] by the North Atlantic Treaty Organization (NATO) [official website]. Though NATO was mandated by the UN to use force in order to stop Muammar Gaddafi [BBC profile; JURIST news archive] from fomenting violence upon Libyan citizens, the campaign has allegedly gone beyond the scope of protecting civilians and recently led to the death of 85 civilians in one night [All Africa report] after NATO forces bombed a residential area supposedly housing a rebel command center. The current Libya conflict arose [JURIST report; CNN timeline] out of a February 2011 protest to remove Gaddafi's government, which resulted in the death of over 200 peaceful protesters calling for reform.

There have been numerous allegations of war crimes and human rights violations over the Libyan revolt. In July, lawyers filed a civil suit against NATO [JURIST report] for killing 13 civilians in an airstrike bombing of a residential neighborhood in violation of the Geneva Convention [ICRC materials]. Earlier that month, the UN Human Rights Council (UNHRC) [official website], after an investigative panel, published a 92-page report on human righsts abuses in Libya, decided to extend its mandate [JURIST reports], instructing it to continue investigating allegations. The report claims Libyan authorities have committed varying crimes against humanity "as part of a widespread or systematic attack against a civilian population with knowledge of the attack."




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Afghanistan election commission removes 9 lawmakers
Alexandra Malatesta on August 21, 2011 3:20 PM ET

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[JURIST] The Afghan Independent Election Commission (IEC) [official website] announced on Sunday that nine lawmakers will be removed from their parliamentary positions [IEC backgrounder] for election fraud in the disputed September 2010 election [JURIST report]. The representatives are to be removed [AP report] because they allegedly did not receive a majority vote [LAT report] in 2010. Though many contest the constitutionality of the removal process, President Hamid Karzai [official profile] has said that the IEC has the final authority over election complaints [PAN report] reviewed and determined by a special court. After the special court ordered the removal of 62 lawmakers in June, a determination overturned by the IEC [JURIST report], the recent IEC announcement appears to be a compromise meant to settle the 2010 election controversy.

With the US withdrawing troops, ongoing disputes over irregularities in last September's parliamentary elections have raised doubts about the stability of the Afghan government. In January, Karzai postponed the seating [JURIST report] of Parliament following a request by the special court for more time to look into allegations of fraud surrounding the elections. Karzai had promised [JURIST report] to have the special court review the election results in time to seat the election by the original January deadline. But the IEC claimed that the special did not have legal authority to question the results that it certifies because the law says it has the final say in determining the elections results. In November, the Afghanistan Electoral Complaints Commission (ECC) [official website] disqualified 21 candidates [JURST report] for electoral fraud after finding widespread voting irregularities in 12 provinces. Of the disqualified candidates, 19 had either won or were leading in their districts, seven of which were incumbents, and two were second place finishers in districts where the first place finisher was also disqualified. In October, the IEC invalidated 1.3 million votes [JURIST report], nearly a quarter of the 5.6 million votes cast nationwide, due to findings of fraud. The IEC found that the 2,543 polling stations where the votes had been cast did not follow IEC procedures.




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Australia Guantanamo detainee Hicks petitions UN over alleged rights violations
Daniel Richey on August 21, 2011 1:22 PM ET

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[JURIST] Former Guantanamo Bay [JURIST news archive] detainee David Hicks [JURIST news archive] has filed an appeal [text, PDF] with the UN Human Rights Committee [official website] complaining of multiple violations of international law stemming from his five-year incarceration at Guantanamo from 2002 to 2007. Hicks, an Australian national, is asking the Australian government to "request the US authorities to formally overturn" his 2007 conviction on charges of aiding terrorism before a US military court and nullify the plea deal [JURIST reports] from which the conviction arose. The 107-page document, authored on his behalf by human rights lawyer and Sydney Law School [academic website] professor Ben Saul [academic profile], also asks for a federal investigation into the treatment to which Hicks alleges he was subjected while in US custody. Among the allegations are that Hicks was drugged, beaten and sexually abused while at Guantanamo, and that he was coerced into his plea deal without access to evidence. The pleading further avers that for its compliance with US authorities, the Australian government was complicit in numerous human rights violations against Hicks under the International Covenant on Civil and Political Rights (ICCPR) [text]. The plea concludes that:
Australia should compensate Mr. Hicks for the violation of his ... rights, and in particular for seven months of unlawful, arbitrary detention in Australia and for the restrictions imposed upon his liberty and freedom by the imposition of a control order.... Australia should provide an assurance to Mr. Hicks that its law enforcement authorities will not seek to confiscate any literary proceeds which Mr. Hicks may derive from publishing or otherwise communicating for profit the story of this trial, conviction and related conduct.
Hicks has sold approximately 30,000 copies of his book, Guantanamo, My Journey [publisher materials], which chronicles his time at Guantanamo and the subsequent seven-month sentence he served in an Australian prison under a control order imposed by the country conditional to his release from US custody. Earlier this month, the New South Wales Supreme Court [official website] froze all assets [Sydney Morning Herald report] arising out of the sale of the book.

Australian authorities removed the final restrictions against Hicks [JURIST report] in December 2008. Following his guilty plea, Hicks was transferred to Australia in May 2007 to serve the remainder of his nine-month prison sentence at a maximum security prison near his hometown of Adelaide, South Australia, and was released [JURIST reports] in December 2007. The control order was relaxed [JURIST report] in February 2008, permitting Hicks to live anywhere in the country, and requiring him to check in with police only twice a week.




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DOJ asks Supreme Court to uphold military imposter law
Daniel Richey on August 21, 2011 11:31 AM ET

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[JURIST] Attorneys for the US Department of Justice (DOJ) [official website] on Thursday asked the US Supreme Court [official website] to uphold a controversial law that makes it illegal to falsely claim to be a decorated military veteran. The Stolen Valor Act [text, PDF], enacted in 2005, makes it a federal crime for an individual to "falsely represent[] himself or herself, verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the Armed forces of the United States, any of the service medals or badges awarded to the members of such forces, the ribbon, button, or rosette of any such badge, decoration, or medal, or any colorable imitation of such item[.]" Violations are subject to fines and up to a year in jail.

The law has been challenged in federal courts in Colorado and California. The appeal to the Supreme Court comes in the case of US v. Alvarez [materials], in which the US Court of Appeals for the Ninth Circuit [official website] declared the law unconstitutional [JURIST report] last August. Although the panel conceded that Congress's intentions were "praiseworthy," it found that the law required courts to "extend inapposite case law to create an unprecedented exception to First Amendment guarantees" and was "not narrowly drawn" enough to survive First Amendment scrutiny. Alvarez was arrested after he gave a speech before the Three Valley Water District board of directors in California, to which he had recently been admitted, in which he claimed to be a retired marine and the recipient of the Congressional Medal of Honor. In Colorado, the US Court of Appeals for the Tenth Circuit [official website] awaits arguments in the case of US v. Strandlof [ACLU materials]. Rick Strandlof was arrested in 2009 after he founded a veterans' club in Colorado Springs and claimed to have been awarded the purple heart.




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