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Legal news from Monday, August 22, 2011




UN rights council adopts Syria probe resolution
LaToya Sawyer on August 22, 2011 9:18 PM ET

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[JURIST] The UN Human Rights Council (UNHRC) [official website] on Tuesday voted 33-4 to adopt a resolution [draft text, PDF] ordering an investigation [press release] into crimes against humanity in Syria and urging the Syrian government once again to halt its violent crackdown against peaceful protesters. The UNHRC began a special session on Monday to discuss the possibility of an investigation [press release] after the Fact-finding Mission in Syria published a 22-page report last week concluding that Syrian government forces cracking down on the opposition may be committing crimes against humanity [JURIST report]. During Monday's special session, UN High Commissioner for Human Rights Navi Pillay [official profile], who noted that more than 2,000 people had been killed since the protests including hundreds during the month of Ramadan, also urged the Syrian government to stop its indiscriminate attacks on peaceful protesters and to release all persons detained for participating in those protests. The resolution will require the Syrian government to fully comply with a commission that will investigate alleged crimes against humanity that have taken place since March, with the commission reporting back no later than November.

The emergency meeting was held in response to a plea [JURIST report] from Pillay last week to refer Syria to the International Criminal Court (ICC) [official website] for an investigation into the violent suppression of anti-government protests. Many steps have been taken to try and halt the violence in Syria this year. Last week, the Los Angeles Times reported that an unknown Western country is funding an investigation [JURIST report] into Syria's recent human rights abuses. In July, two UN rights officials expressed concern over reports of violence [JURIST report] used by Syrian authorities against the country's own people. Special Adviser to the Secretary-General on the Prevention of Genocide Francis Deng and Special Adviser on the Responsibility to Protect Edward Luck said that reports of Syrian forces killing or arbitrarily arresting peaceful protesters indicate potentially grievous violations of international human rights laws, and urged officials to adhere to the government's 2005 pledge to protect its citizens. In June, the UN Office of the High Commissioner for Human Rights (OHCHR) [official websites] published a preliminary report [JURIST report] describing human rights violations in Syria and calling for an investigation into government-authorized abuses related to pro-democracy protests that began earlier this year. In April, Pillay urged Syria to immediately halt the killings [JURIST report] and violence against civilian protesters in response to the fatal shootings of peaceful anti-government protesters. The Fact-finding Mission was established [JURIST report] by the UNHRC in April, but was not permitted to enter the country.




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Somali pirate sentenced to life in prison
Jaclyn Belczyk on August 22, 2011 3:05 PM ET

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[JURIST] A judge for the US District Court for the Eastern District of Virginia [official website] on Monday sentenced a Somali man to life in prison for his role in the hijacking of a US vessel that resulted in the deaths of four US citizens. They were the first US citizens to die in the recent wave of international maritime piracy attacks. Ali Abdi Mohamed was the first to be sentenced [AP report] of 11 men who pleaded guilty to hijacking a US yacht called Quest in February. Three others pleaded not guilty [JURIST report] last month and will face trial. Mohamed apologized to the victims' families Monday and has agreed to assist prosecutors in their cases against the other suspects.

Maritime piracy [JURIST news archive] off the coast of African continues to be a global concern. Last week, a Dutch court sentenced [JURIST report] five Somali men to prison terms ranging from four to seven years for acts of maritime piracy. In May, courts in both Spain and South Korea [JURIST reports] sentenced Somali pirates to life imprisonment. In April, a Somali pirate was sentenced [JURIST report] by the US District Court for the District of Columbia [official website] to 25 years in prison for attacking a Danish ship off the coast of Somalia in 2008, for which he and other pirates received a $1.7 million ransom.

4:32 PM ET ~ A second Somali, Burhan Abdirahman Yusuf, was also sentenced to life in prison Monday.




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Malaysia opposition leader denies charges at sodomy trial
Jaclyn Belczyk on August 22, 2011 12:40 PM ET

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[JURIST] Malaysian opposition leader and former deputy prime minister Anwar Ibrahim [official profile; JURIST news archive] testified for the first time Monday in his trial on charges of sodomy, denying the charges against him. Anwar testified that the charges against him were fabricated [AFP report] by Prime Minister Najib Razak [official profile] in order to ruin his political career. Anwar's lawyers are seeking to have Najib subpoenaed to testify, but the prime minister could apparently apply to have the subpoena set aside. Anwar is accused of sodomizing a former male political aide. Under Malaysian law, sodomy is punishable by 20 years in prison regardless of consent. This is the second sodomy case launched against Anwar.

In June, Anwar failed a third time to remove the judge [JURIST report] in his sodomy case. He was arrested in July 2008 after he filed a lawsuit against his accuser [JURIST reports] in late June. Last year, the Federal Court of Malaysia [official website], the country's highest court, rejected Anwar's 2006 defamation suit against against former prime minister Mahathir Mohamad [BBC profile] for allegedly suggesting at a human rights conference that Anwar was unfit for office because of his supposed homosexuality. Anwar was Malaysia's deputy prime minister under Mahathir until he was fired in 1998 following earlier sodomy charges of which he was initially convicted but later acquitted. He reentered Malaysian politics following the expiration of a ten-year ban [JURIST report] against him for unrelated corruption charges.




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Finland court hears Rwandan genocide appeal
Jaclyn Belczyk on August 22, 2011 10:35 AM ET

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[JURIST] A Finnish appeals court on Monday began hearing the appeal of former Rwandan pastor Francois Bazaramba [Trial Watch profile], convicted [JURIST report] last year on charges relating to his involvement in the 1994 Rwandan genocide [HRW backgrounder; JURIST news archive]. Although Bazaramba had denied charges of involvement in the genocide, the court found that he ordered the killing of at least five Tutsis and sentenced him to life in prison. He was also acquitted of several charges. Bazaramba's case was the first time a genocide case had been heard in Finland. The Finnish court heard the case under the principle of universal jurisdiction [AI backgrounder; JURIST news archive] after the Finnish government denied the Rwandan extradition request [press release], citing the possibility that Rwandan authorities would be unable to ensure a fair trial. Bazaramba was charged in June 2009, and his trial began that September [JURIST reports]. Both sides appealed the verdict in April.

Finland is not the only country to try suspects accused of crimes related to the genocide. In January, a German court began the trial [JURIST report] of a former Rwandan mayor on genocide charges. Onesphore Rwabukombe [Trial Watch profile], a 54-year-old ethnic Hutu, allegedly coordinated three massacres in which more than 3,700 Tutsis, who had sought refuge in a church, were killed. Canadian prosecutors announced in 2009 that a second suspect had been charged [JURIST report] under Canada's Crimes Against Humanity and War Crimes Act [text, PDF]. The first man charged under the act was Desire Munyaneza [Trial Watch profile]. In October 2009, he was sentenced to life imprisonment [JURIST report] for war crimes committed during the Rwandan genocide. Munyaneza was convicted [JURIST report] of seven counts of genocide, crimes against humanit, and war crimes under the act.




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ICC in talks with Libya rebels to hand over Gaddafi son for prosecution
Jaclyn Belczyk on August 22, 2011 9:21 AM ET

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[JURIST] Representatives from the International Criminal Court (ICC) [official website] were reportedly meeting Monday with Libyan rebels to discuss turning over the son of Libyan leader Mummar Gaddafi [BBC profile; JURIST news archive], Saif al-Islam Gaddafi, to the court for prosecution. The ICC issued arrest warrants [JURIST report] for Muammar, Saif and Muammar's brother-in-law Abdullah al-Sanussi in June on charges of crimes against humanity. Saif's capture was confirmed [Telegraph report] Sunday night by ICC Chief Prosecutor Luis Moreno-Ocampo. He was reportedly captured when rebels took control of Tripoli. The whereabouts of Muammar and al-Sanussi are unknown.

The Libya conflict [JURIST backgrounder] has been ongoing since February. On Saturday, Libyan Prime Minister Al Baghdad Ali Al-Mahmoudi requested that the UN create a "high-level commission" to investigate alleged human rights abuses [JURIST 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 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 after NATO forces bombed a residential area supposedly housing a rebel command center. In June, the UN Human Rights Council (UNHRC) [official website] decided to extend a mandate to an investigative panel instructing it to continue its investigation of human rights abuses in Libya, after it published a 92-page report [JURIST reports]. The report claims Libyan authorities have committed crimes against humanity such as acts constituting murder, imprisonment and other severe deprivations of physical liberties, torture, forced disappearances and rape "as part of a widespread or systematic attack against a civilian population with knowledge of the attack."

8/23/11 ~ A free Saif al-Islam Gaddafi appeared before foreign media Tuesday, and an ICC spokesperson said that the court had never received official confirmation of his capture [Reuters report].




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