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Legal news from Saturday, September 24, 2011




Mubarak trial suspended after former ally testifies
Julia Zebley on September 24, 2011 12:21 PM ET

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[JURIST] The trial of former Egyptian President Hosni Mubarak [Al Jazeera profile] was paused on Saturday, after lawyers representing victims and their families filed motions to change both the location and judge for the trial. That morning, confidante to Mubarak and his former defense minister, Field Marshal Tantawi testified against Mubarak in a closed-session, but left early and refused to be cross-examined by counsel for the victims. Due to the closed-session, nothing has been revealed about the testimony [AP report], nor how the lawyers' actions stem from it. Mubarak is on trial for murder, attempted killing of protesters and other charges related to general abuse of power [Al Jazeera report] stemming from his response to pro-democracy demonstrations in Egypt [JURIST news archive] earlier this year. Mubarak's sons, Gamal and Alaa, are also on trial for corruption charges. Mubarak's trial began on August 3 [JURIST report] with Mubarak and his sons pleading not guilty to all charges. The trial will resume on October 30 if a higher court finds no merit in the lawyers' filings. If upheld, the filings could delay the trial indefinitely.

Violence broke out in the Egyptian court [JURIST report] earlier this week, when the court resumed for a third session. Outside the court, demonstrators tussled with police, with several injuries reported. Presiding Judge Ahmed Rifaat last month decided to end live TV broadcasts [JURIST report] of subsequent proceedings amid protests from the families of victims and praise from several courtroom lawyers who opposed the broadcasts. In July, officials chose a new location for Mubarak's trial for security reasons after reporting [JURIST reports] that the trial would take place in downtown Cairo. Also in July, an Egyptian criminal court postponed the trial [JURIST report] of former interior minister Habib el-Adly, who also faces murder charges in relation to the pro-democracy demonstrations, so it would coincide with Mubarak's trial. In March, a commission of Arab and Egyptian human rights groups accused Mubarak [JURIST report] and the police of murdering protesters during the demonstrations in Egypt. Mubarak could face the death penalty [JURIST report] if convicted of ordering attacks on protesters. Amnesty International (AI) [advocacy website] reported that at least 840 people were killed [JURIST report] and more than 6,000 injured during the Egyptian protests.




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ETA prisoners call for end to separatist violence in Spain
Julia Zebley on September 24, 2011 11:36 AM ET

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[JURIST] The Collective of Basque Political Prisoners (EPPK) on Friday released a statement [text, in Spanish] supporting the 2010 Guernica agreement [PDF, in Spanish] and called for the Euzkadi Ta Askatasuna (ETA) [GlobalSecurity backgrounder] to commit to a permanent truce. The EPPK is comprised of 700 Spanish and French prisoners, of varying levels of leadership in the ETA. The group called for focus on achieving freedom through democratic means and said the ceasefire would be "the first step on the path to amnesty." Although supporting the new agreement, the EPPK criticized the government's treatment of them, stating that the "prison system was built to destroy our political and human identity." The Guernica agreement is the greatest recognition of a separate Basque state that the Spanish government has ever agreed to, as well as a recognition of repatriation and other rights for ETA prisoners. Despite the EPPK's statement, the Spanish government responded by calling for the ETA to disband [Reuters report], although recognizing the prisoners' efforts as a significant step.

The Spanish government continues to actively pursue charges against ETA. Last week, the Spanish National Court sentenced a former Basque separatist to 10 years in prison [JURIST report] for terrorism and trying to resurrect a banned political wing of ETA. In March 2010, the court sentenced a former Basque separatist party leader to two years in prison for promoting terrorism [JURIST report]. Earlier that week, the court accused [JURIST report] the Venezuelan government of aiding ETA in a plot to assassinate members of the Colombian government in Spain. In February 2010, the Interior Ministry of Spain said [JURIST report] that it took into custody the suspected ETA leader, along with two other people who are believed to be senior members of the group. Spanish Judge Fernando Grande-Marlaska ruled [JURIST report] a month earlier that ETA had tried three times to assassinate former Spanish prime minister Jose Maria Aznar in 2001 but had failed. In June 2009, the European Court of Human Rights (ECHR) upheld [JURIST report] Spain's ban of Basque political groups Batasuna and Herri Batasuna for their alleged ties to ETA.




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US soldier sentenced for murder of Afghanistan civilians
Erin Bock on September 24, 2011 11:21 AM ET

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[JURIST] A soldier with the US Army [official website] was sentenced on Friday for his role in murdering an unarmed teenage Afghan civilian. Private Andrew Holmes was sentenced to seven years in prison [AFP report] as part of a plea deal that he agreed to on Thursday. Holmes pleaded guilty [JURIST report] to shooting the civilian, but pleaded not guilty to previous charges of premeditated murder and conspiracy to commit murder. Holmes also pleaded guilty to one count each of possessing a finger bone of the victim and using marijuana. As part of the deal, Holmes will receive 499 days of time served and will be dishonorably discharged from the US Army. Holmes is the third soldier to strike a plea deal of the five charged with murder as part of a plot contrived with fellow soldiers to kill Afghan civilians, which took place between January and May of last year in Afghanistan's Kandahar province. Holmes has alleged that his co-defendant, Specialist Jeremy Morlock [JURIST news archive], ordered soldiers to fire at villagers. Morlock pleaded guilty [JURIST report] in March to three counts of murder, as well as one count each of assault, conspiracy, obstructing justice and illegal drug use in exchange for a maximum sentence of 24 years in prison.

Investigations into the 5th Stryker Brigade have led to additional charges for lesser crimes against seven other soldiers. In May, US Army prosecutors charged Staff Sgt. David Bram with solicitation to commit premeditated murder [JURIST report], 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 in related to the January 2010 murder plot. Staff Sgt. Robert Stevens pleaded guilty [JURIST report] in December 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 terrifying civilians. A military investigation revealed that soldiers from the brigade had been plotting since 2009 to kill unarmed Afghans and stage them to look like casualties of combat. The probe into 12 soldiers regarding the civilian deaths began in May 2010 [JURIST report].




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Federal judge issues order blocking enforcement of Idaho abortion law
Erin Bock on September 24, 2011 10:56 AM ET

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[JURIST] A judge in the US District Court for the District of Idaho [official website] issued a temporary order on Friday preventing the state of Idaho from enforcing a law that prohibits a woman from terminating her own pregnancy. Jennie Linn McCormack was charged [Reuters report] earlier this year under a 1972 Idaho state law that makes it a felony to end one's own pregnancy. McCormack had used a combination of FDA-approved abortion pills from an online source to terminate her pregnancy. After the case was dismissed for lack of evidence, McCormack filed suit in August seeking to prevent prosecution of other women under the law and challenging the state's newly-enacted "fetal pain" statute [JURIST reports]. McCormack claimed that both laws pose unconstitutional barriers to abortion. US District Judge B. Lynn Winmill issued a temporary order [Reuters report] preventing the state from enforcing the 1972 law. However, Judge Winmill also found that McCormack lacked standing to seek an order blocking enforcement of the new "fetal pain" statute because she was no longer pregnant and could not show that she was harmed by the new law. McCormack's attorney stated that he would attempt to establish standing at a future hearing.

Idaho's "fetal pain" statute, passed in April, makes it a felony to terminate a pregnancy after 20 weeks based on controversial science indicating a fetus may feel pain after 20 weeks of development. State legislatures across the country have been implementing measures to restrict abortions, and challenges to these laws are appearing in many states. In August, a federal judge blocked several provisions of a new Texas abortion law [JURIST report] that places restrictions on the procedure and requires a doctor to show a sonogram to and play the sounds of the fetal heartbeat for a woman prior to performing an abortion. Earlier in August, the Arizona Court of Appeals [official website] ended a two-year injunction [JURIST report] on portions of a law that restricted abortion practices, suggesting that the lower judge had applied "strict scrutiny" in error rather than an "undue burden" test. Also in August, the American Civil Liberties Union (ACLU) [advocacy website] filed a lawsuit challenging a Kansas law [JURIST report] that prohibits insurance companies from including coverage for abortion in their comprehensive plans.




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