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Legal news from Monday, September 26, 2011




Serbia approves WWII property restitution law
John Paul Putney on September 26, 2011 5:28 PM ET

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[JURIST] The National Assembly of the Republic of Serbia [official website] approved a restitution law that provides for compensation or the return of property confiscated by communist authorities following World War II. The bill, passed by an overwhelming majority [AP report], is part of a larger property rights reform package that is key to Serbia's bid to join the European Union (EU) [official website], which is up for review next month. The law invites property owners or their heirs to register by 2014 in order to claim confiscated property or receive compensation which will be funded by a 15-year bond [Bloomberg report] not to exceed two billion euros. The International Monetary Fund (IMF) [official website], which approved the maximum bond amount, is expected to announce a one billion "precautionary" loan program with Serbia to avoid economic instability.

As part of its bid to join the EU, the Serbian government has increased efforts to combat organized crime and corruption as well as handing over alleged perpetrators of war crimes to the tribunal in The Hague. In July, Serbian authorities arrested [JURIST report] Goran Hadzic [ICTY backgrounder], the last fugitive of the original 161 sought for war crimes by the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website]. Serbian President Boris Tadic announced the arrest [B92 report], stating that Serbia has fulfilled its obligations to The Hague and was not harboring Hadzic at any time. The Special Court in Belgrade deemed Hadzic fit for extradition [B92 report] immediately after the arrest. In May, the Serbia War Crimes Court Tuesday rejected an appeal [JURIST report] by alleged war criminal Ratko Mladic [ICTY backgrounder; JURIST news archive] of the decision that he is medically fit for extradition shortly after his arrest [JURIST reports] earlier that month.




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Ireland clergy abuse amounts to torture: rights group
John Paul Putney on September 26, 2011 4:26 PM ET

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[JURIST] The abuse of Irish children by members of the clergy, revealed by four state-sponsored reports, included acts that amounted to torture [press release], Amnesty International [advocacy website] said Monday. Aimed at why the abuse occurred, the report, titled In Plain Sight [text, PDF], calls attention to those who "turned a blind eye" to the abuse and "people in positions of power" who "ignored their responsibility to act." The report notes five major findings [text, DOC]:
  • No clear lines of responsibility make true accountability impossible. In the case of residential institutions, it wasn't that the system didn't work but rather that there was no system.
  • The law must protect and apply to all members of society equally. Despite the severity of the crimes revealed in the Ferns, Ryan, Murphy (Dublin) and Cloyne Reports, which range from physical assault to rape, very few perpetrators have been convicted.
  • Recognition of children's human rights must be strengthened. The sexual abuse in the diocesan reports, and the sexual, physical and emotional abuse, the living conditions, and the neglect described in the Ryan Report, can be categorized as torture, and cruel, inhuman and degrading treatment under human rights law.
  • Public attitudes matter. Individual attitudes matter. The end of deference to powerful institutions and the taking of personal responsibility on behalf of all members of society will initiate some of the changes that are necessary to prevent the occurrence of human rights abuses.
  • The State must operate on behalf of the people, not on behalf of interest groups. While Taoiseach Enda Kenny's recent criticism of the Vatican suggests a less deferential attitude to the Catholic Church, transparency in the operations of all arms of the State is necessary to prevent interest groups from exerting undue influence.
Colm O'Gorman, a survivor of clergy abuse and the current executive director of Amnesty International Ireland, called the abuse "perhaps the greatest human rights failure in the history of the state."

The Vatican has come under intense pressure related to allegations of clergy child sex abuse and cover-ups by local bishops and Vatican officials. The release of In Plain Sight was lauded [press release] by the Center for Constitutional Rights (CCR) [advocacy website] which petitioned the International Criminal Court [official website] prosecutor earlier this month to investigate the Vatican for crimes against humanity [JURIST report]. Calling In Plain Sight "another important step in the journey towards holding Vatican officials accountable", CCR pledged to "continue to gather information and evidence of additional crimes of rape and sexual violence and associated cover ups by the Catholic Church." In February 2010, the Vatican released church procedures [JURIST report] for handling alleged cases of sexual abuse by priests, instructing, "Civil law concerning reporting of crimes to the appropriate authorities should always be followed." The "Guide to Understanding Basic CDF Procedures concerning Sexual Abuse Allegations" summarizes the procedures governing investigations by the Congregation for the Doctrine of the Faith (CDF) [official profile] into allegations of sex abuse by clergy members. The CDF guidelines provide for interim measures meant to ensure the safety of others during civil authorities' investigations or legal proceedings. The guidelines also outline a multi-tiered system of enforcement and appeals, including local bishops, the CDF, and the Pope himself. Since 2007, in the US alone, the Church has settled more than 500 cases [JURIST news archive] of abuse for over $900 million.




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Kuwait Cabinet approves draft anti-corruption law
Jennie Ryan on September 26, 2011 11:12 AM ET

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[JURIST] The Kuwait Cabinet on Sunday approved a draft anti-corruption law meant to combat the country's growing business corruption troubles. The law imposes penalties of up to seven years in prison [Reuters report] for a number of offenses related to money laundering and financial disclosure, including manipulation of public tenders and auctions, bribery, counterfeiting, forgery and graft. The passage of the draft law comes after the International Monetary Fund (IMF) [official website] released an assessment [text, PDF] early this month concerning the country's anti-money laundering laws. The IMF criticized the existing system of laws for weakness in financial monitoring and outlined a series of recommendations including improvement of the countries suspicious transaction reporting requirements. The draft law goes next to Amir Sheikh Sabah Al-Ahmad Al-Jaber Al-Sabah [official website] and then parliament for approval. The passage of this anti-corruption law comes after a crowd of nearly 2,000 protested corruption in oil-exports in the countries capital last week.

The move to change the law marks a departure from the country's previous response to protests and demonstrations in the region. In July, Human Rights Watch (HRW) [advocacy website] urged Kuwait to immediately release [JURIST report] two men being detained for posting messages on the Internet criticizing Middle East rulers. HRW reported that in June authorities detained and investigated Nasser Abul [Twitter feed, in Arabic] for threatening state security using Twitter and Lawrence al-Rashidi for posting a YouTube video criticizing Kuwait leader. His Tweets support the protestors demonstrations against Bahrain King Hamad bin Isa al-Khalifa [official profile].




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Hezbollah leader could get US military trial: report
Jennie Ryan on September 26, 2011 10:20 AM ET

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[JURIST] US counter-terrorism officials have indicated that the administration of President Barack Obama [official website; JURIST news archive] is considering trying the former leader of Hezbollah [JURIST news archive] in a military commission [JURIST news archive] on US soil, the Associated Press reported [AP report] Monday. According to anonymous officials, the Obama administration is considering the controversial move because they believe that the best place to try Ali Mussa Daqduq is a US military base. Daqduq was captured in Iraq in 2007, where he is currently being held. He is linked to a raid in Karbala, Iraq, which killed four American soldiers and is believed to have ties to Iran. If a US military tribunal hears the case, it will mark the first time a military commission has been held on US soil since 9/11 [JURIST backgrounder]. If no decision is made by the end of the year, Daqduq must be transferred to the custody of Iraqi officials according to a 2008 agreement between the US and Bagdad. Some have suggested that Daqduq be tried at Guantanamo Bay [JURIST news archive] as an alternative to a trial in the US.

The location of the trials of foreign terror suspects detained by the US has been a controversial issue. In July, the US brought Somali terror suspect Ahmed Abdulkadir Warsame to the US to face a civil trial in New York [JURIST report], a decision that has sparked harsh criticism from members of Congress who argued that terror suspects should be held at Guantanamo Bay. Obama ordered military commissions of detainees to resume [JURIST report] in March after he initially suspended new charges at Guantanamo Bay shortly after taking office in 2009. US Attorney General Eric Holder [official website] has consistently advocated [JURIST report] that terror suspects should be tried in civilian courts despite finding little support from Congress. In April, Holder announced that Khalid Sheikh Mohammed [BBC profile; JURIST news archive] and four other co-conspirators will be tried before a military commission [JURIST report] for their roles in the 9/11 terrorist attacks. Holder, who wanted the accused be tried before a federal civilian court [JURIST report], referred the cases to the Department of Defense (DOD) [official website] after Congress imposed a series of restrictions [JURIST report] barring the transfer of Guantanamo detainees to the US.




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Scotland prosecutors ask Libya NTC for Lockerbie information
Alexandra Malatesta on September 26, 2011 10:08 AM ET

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[JURIST] Scottish prosecutors asked Libya's National Transitional Council (NTC) [official website] on Monday for any evidence, witnesses or assistance they can provide in tracking down those involved in the Lockerbie bombing [BBC backgrounder]. The request follows the Scottish Crown's recent defense of its decision to release [JURIST report] convicted Lockerbie bomber, Abdelbaset Ali Mohmed Al Megrahi [BBC profile] on humanitarian grounds due to his terminal prostate cancer diagnosis. Megrahi, convicted of murdering 270 people in 2001 after blowing up Pan Am Flight 103, was received as a "hero" upon returning to Libya from prison and still lives two years later [Reuters report]. Convinced that Megrahi did not act alone [MSNBC article], prosecutors have also suggested investigating the possible involvement of former Libyan leader Muammar Gaddafi [BBC profile, JURIST news archive]. The NTC has yet to respond to the Crown's request.

In August 2010, Scottish Labour Party officials called for the publication of all medical evidence related to the release [JURIST report] of al-Megrahi. The demand came one year after al Megrahi was released [JURIST report] from prison on compassionate grounds because doctors predicted he only had three months to live. Despite the publication of a report leading to the decision, the Labour party said that all medical opinions leading to the decision and the names of the doctors who authored them should also be released [BBC report]. Responding to criticism of his decision to release al Megrahi, Scottish Justice Secretary Kenny MacAskill [official website] claimed he acted in good faith when authorizing the release, denying that there was an arrangement [Telegraph report] for al Megrahi to drop his appeal in return for his release. Al Megrahi returned to his native Libya, where he is still living, and experts have suggested that he could continue living for several more years [AP report]. Al Megrahi's release was controversial, with both US officials and the Scottish Parliament [JURIST reports] condemning it. Last year, US lawmakers called for an investigation [JURIST report] into the role that oil company British Petroleum (BP) may have played in al Megrahi's release.

4:20 PM ET ~ Libya's interim justice minister said Monday that the Lockerbie case is "closed" [Reuters report]




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Rights groups demand end to Cameroon homosexual persecution
Alexandra Malatesta on September 26, 2011 9:24 AM ET

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[JURIST] Five human rights groups sent a letter Monday to Cameroon [BBC backgrounder; JURIST news archive] President Paul Biya, urging him to end persecution against gays and lesbians [press release] and repeal laws that criminalize homosexual conduct [UNHCR backgrounder]. The groups, Amnesty International (AI), Human Rights Watch, International Gay and Lesbian Human Rights Commission, L'Association pour la Defense des Droits des Homosexuel(le)s and Alternatives Cameroun [advocacy websites], demanded the end of detentions, torture, arrests and harassment based on citizens' perceived gender identity and sexual orientation. The letter follows earlier requests to decriminalize [JURIST report] the same-sex laws in accordance with recommendations [report, DOC] issued by the UN Human Rights Committee (UNHRC) [official website], which expressed concern that the laws impede the effectiveness of HIV and AIDS prevention programs.

According to a 2009 AI report [text, PDF; abstract], the Cameroon government participated in and encouraged unlawful executions, torture and other human rights violations [JURIST report]. The report alleges that such violations have been taking place for more than 10 years and may increase with the current global economic crisis and continued political unrest. According to the report, the actions by many governmental officials violate national law as well as the International Covenant on Civil and Political Rights (ICCPR) [text]. The ICCPR guarantees the right of equal treatment and the right of equal protection under the law, without discrimination. In 1994, the UNHRC held in Toonen v. Australia [case materials] that sexual orientation is included in the protections against discrimination in the ICCPR.




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