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Legal news from Tuesday, September 6, 2011




UK to allow cameras in criminal courts
Sarah Posner on September 6, 2011 2:48 PM ET

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[JURIST] UK Justice Secretary Kenneth Clarke [Guardian profile] announced Tuesday that cameras will be allowed into criminal courts in the UK and Wales to improve transparency in courts. Two acts of Parliament [official website] in place since 1925 have banned filming [BBC report] in both Welsh and English courts. Clarke believes that this change will help to improve public confidence [Guardian report] in the criminal justice system. Filming will only cover the summary remarks made by judges and not victims, witnesses or offenders. Although Scotland does not have a ban on cameras, all parties must agree to allow the case to be broadcast. Initially, cameras will be allowed in the court of appeals and eventually expanded to the crown court, in accordance with consultations with the judiciary.

In June, the Philippines Supreme Court [official website] said that it would allow the live broadcast [JURIST report] of the November 2009 Maguindanao Massacre [CSM backgrounder; JURIST news archive] trial subject to guidelines set by the court. In September 2010, US federal judges reached an agreement on a pilot project allowing certain civil trials to be televised [JURIST report]. Federal appellate judge David Sentelle [official profile] said that, while the details still needed to be worked out, the judges agreed that the faces of jurors and witnesses will not be recorded and that either party to the suit can opt out of the trial being televised.




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Ukraine threatens international arbitration over Russia oil dispute
Sarah Posner on September 6, 2011 1:54 PM ET

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[JURIST] Ukranian President Viktor Yanukovych [BBC profile] on Tuesday threatened to take Russia to international arbitration over gas disputes. Ukraine relies heavily on Russian oil imports [Reuters report], and its territory provides transit for 80 percent of Russia's oil supplies to Europe. Yanukovych would like to get out of a 10-year deal signed with Russia in 2009, but Russian President Dmitry Medvedev stated that this would only be possible if Ukraine joined the Russian-led customs union. Kiev has repeatedly denied this offer, instead threatening to take this issue to Stockholm arbitration court. Yanukovych has contented that the price for gas is unfair and states that the 2001 accords [AFP report] signed by former Ukrainian prime minister Yulia Tymoshenko [personal website; JURIST news archive] should serve as the basis of gas relations between Ukraine and Russia. Yanukovych said that it is currently overpaying for oil by about $5 to $6 million annually. The EU has criticized Yanukovych over how he handled the trial of Tymoshenko.

In July, a Ukrainian court dismissed [JURIST report] Serhiy Vlasenko, a lawyer representing Tymoshenko, from judicial proceedings. Vlasenko had been defending Tymoshenko in a criminal case related to United Energy Systems of Ukraine (UESU), an energy company at one time headed by the former prime minister. The Pechersky District Court of Kiev dismissed Vlasenko saying he was responsible for systematic violation of order in the court, in contempt of court and responsible for obstruction of justice with disregard for the rule of law. Also in July, the Security Service of Ukraine (SBU) [official website, in Ukrainian] announced that they are launching a criminal investigation [JURIST report] into UESU, an energy company at one time headed by former Tymoshenko. The SBU is investigating UESU's potential embezzlement of USD $405 million from the government.




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Europe rights commissioner urges probes into secret prisons
Jennie Ryan on September 6, 2011 11:52 AM ET

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[JURIST] The Council of Europe [official website] Commissioner for Human Rights Thomas Hammarberg [official profile] on Monday urged [press release] Lithuania, Poland and Romania to investigate the roles their governments played in the US Central Intelligence Agency (CIA) [official website] program of "secret detention and torture" of terrorism suspects. According to Hammarberg, the CIA collaborated with its foreign counterparts in detaining "high value detainees" for periods of up to four-and-a-half years in secret "Black Sites." Hammarberg alleges that during their detainment enhanced interrogation techniques [JURIST news archive] were used on the terror suspects. These techniques included "forced nudity, shackling in stress positions, extended sleep deprivation, dietary manipulation, slapping, walling and waterboarding." The commissioner called on the three nations to investigate these allegations:
At the height of the "war on terror", Poland, Romania and Lithuania extended quite extraordinary permissions and protections to their American partners—while respecting conditions of total secrecy. Today, years later, darkness still enshrouds those who authorised and ran the Black Sites on European territories. The full truth must now be established and guarantees given that such forms of co-operation will never be repeated. Effective investigations are imperative and long overdue.
Hammarberg warned that the cost of refusing to investigate the alleged secret detention and torture practices could damage the European system of human rights protection.

Many have come under fire for special detention and torture practices. In June, US Attorney General Eric Holder [official website] announced that he would continue investigating the deaths of two detainees [JURIST report] who died during interrogations by the CIA. In January, a federal judge told the CIA that it must investigate the destruction of the interrogation tapes [JURIST report] related to individuals detained after 9/11 [JURIST news archive] and prevent similar incidents from happening in the future. In February, human rights advocacy groups urged the signatory states of the UN Convention Against Torture (CAT) [text] to pursue criminal charges [JURIST report] against former US president George W. Bush [JURIST news archive] in connection with allegations of enhanced interrogation techniques. Advocacy groups have also called for investigations into Bush-era torture practices by the Spanish government [JURIST report].




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Bahrain court hears protester appeals
Jennie Ryan on September 6, 2011 10:59 AM ET

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[JURIST] A special security court in Bahrain [JURIST news archive] heard the appeals of jailed anti-government protesters on Tuesday. According to the Bahrain Center for Human Rights [official website], the National Safety Court of Appeal, a court composed of military prosecutors and civilian and military judges, heard the appeals of 21 activists [profiles, PDF] who were sentenced to prison after the Bahraini government imposed martial law [JURIST report] to crack down on protesters in the region. Eight of the protesters arrested and jailed received life sentences, including prominent Shiite leaders Hassan Mushaima and Abdul Jalil al-Singace. The protesters have been on a hunger strike [JURIST report] to show support for doctors jailed for treating those injured in during the demonstrations. A lawyer for one of the defendants said that court had been adjourned [BNA report] with the next appearance before the court scheduled for September 28.

These appeals come days after Bahraini King Hamad bin Isa Al Khalifa [official profile] announced he would dismiss charges against some of the protesters [JURIST report] detained for their participation in pro-democracy demonstrations in the country. In June, the 21 activists were sentenced [JURIST report] after being charged [charges, PDF] with "plotting to topple the leadership of the Kingdom of Bahrain." Also in June, Khalifa announced that an independent commission will investigate human rights violations [JURIST report] related to the country's pro-democracy protests. Earlier that month, the UN Office of the High Commissioner of Human Rights announced that Bahrain agreed to permit a UN commission [JURIST report] to investigate human rights violations related to protests. The National Safety Courts were instituted in mid-March and have been internationally criticized, most recently [JURIST report] by Human Rights Watch (HRW) [advocacy website]. The court also sentenced nine citizens [JURIST report] to 20 years in prison for kidnapping a police officer in May. In April, the court handed the death sentence to four protesters, a rarity in Bahrain, and upheld the sentences [JURIST reports] for two of the men, who were accused of murdering police officers.




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Myanmar government forms human rights commission
Alexandra Malatesta on September 6, 2011 10:42 AM ET

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[JURIST] Myanmar's government on Monday formed the Myanmar National Human Rights Commission (MNHRC) to promote and safeguard the country's constitutional rights. Members of the commission include former government officials, diplomats, academics, doctors and lawyers, some of whom have made statements in the past defending the country's human rights record. The commission has been met with skepticism [Irrawaddy report] regarding the potential veracity of the group's findings and whether it will have the authority and independence from the Myanmar government [JURIST news archive] to be effective. Myanmar's President Thein Stein [BBC profile] appears willing to ease international tensions and improve the regime's image [AFP report]. This will be the second attempt to create a human rights commission as the first failed in 2000 to have any impact.

The newly formed commission comes on the heels of a visit by UN Special Rapporteur Tomas Ojea Quintana [official profile], who urged the government [JURIST report] to improve its rights record [press release]. Quintana said that continued ethnic violence [JURIST report] in Myanmar presents "serious limitations" to the government's transition to democracy. In May, Myanmar began releasing close to 15,000 prisoners, but many human rights groups claim the government is still holding many more political prisoners. Quintana urged Myanmar's military government to release 2,202 political prisoners [JURIST report] last December. He called for the release of the "prisoners of conscience," many of whom, he says, suffer from health problems as a result of the harsh detention conditions. Quintana claims the release is necessary to promote democracy. In March, Myanmar underwent a transfer of power [BBC report] from a military regime to a civil system after holding its first elections in 20 years. However, critics argue that the new regime is merely a sham since it is made up of military generals and with the military party winning 80 percent of the vote.




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ICTY sentences former Yugoslav army chief to 27 years
Alexandra Malatesta on September 6, 2011 10:01 AM ET

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[JURIST] The International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] on Tuesday convicted [judgment, PDF] ex-Yugoslav army chief Momcilo Perisic [ICTY profile, PDF; JURIST news archive] for crimes against humanity and war crimes [press release], committed during the wars in Bosnia and Croatia, sentencing him to 27 years in prison. He was found guilty of 12 out of 13 charges, including aiding and abetting murders occurring during the Srebrenica massacre [JURIST news archive], inhumane acts, attacks on civilians, unjust persecutions and having knowingly supplied "extensive logistical assistance" to the Army of Republika Srpska (VRS) and the Army of Serbian Krajina (SVK) that would be used to torture and kill hundreds of Muslim civilians. He was also found guilty on the basis of command responsibility for the inhumane acts of his officers and subsequently failing to punish them. The judgement against Perisic states:
It would be difficult to over state the magnitude of the crimes perpetrated in Sarajevo. The siege lasted for nearly four years during which Sarajevo civilians endured conditions of terror due to the indiscriminate nature of the attacks. Thousands of men, women and children were killed, and tens of thousands injured. In particular, Sarajevo civilians were regularly shelled and sniped in the course of [Perisic's] tenure as Chief of the VJ General Staff, a lengthy time span. ... Civilians were targeted in their homes, at places of worship, in hospitals and schools. Women, children, and the elderly were not spared.
Perisic is the first Yugoslav convicted [AP report] by the UN for crimes committed during the war in Bosnia. Perisic is entitled to time served and has a right to appeal. Ratko Mladic [JURIST news archive], with whom Perisic allegedly collaborated, is still awaiting trial for genocide at The Hague.

In March, UN prosecutors demanded that Perisic receive a life sentence [JURIST report] for alleged war crimes and crimes against humanity committed against Bosnian Muslims in the early 1990s. Perisic's trial began [JURIST report] in October 2008, and closing arguments concluded at the end of March. ICTY Prosecutor Mark Harmon said Perisic was one of the "principal collaborators" of late Yugoslav president Slobodan Milosevic [JURIST news archive], claiming in his opening statement that Perisic "created an environment of impunity, wherein his subordinates were encouraged and did persist to commit crimes, knowing there would be no consequences." Perisic turned himself in to the UN in 2005, surrendering to officials [JURIST reports] from the ICTY.




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