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Legal news from Monday, October 24, 2011




UN rights chief stresses rule of law as Tunisia conducts first free elections
Sung Un Kim on October 24, 2011 2:42 PM ET

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[JURIST] Tunisia conducted its first free elections Sunday, with UN High Commissioner for Human Rights Navi Pillay [official website] emphasizing the importance of adherence to the rule of law as the country moves forward. The election for the new constituent assembly was a success with a turnout rate of over 90 percent, according to the official results [official website, in Arabic]. The elected constituent assembly, consisting of 217 members, will be responsible for drafting a new constitution, choosing an interim government and setting the dates for parliamentary and presidential elections. As Pillay stressed in her statement [text] on Friday, the constituent assembly will face the difficult task of addressing the demands of freedom and human rights within the new constitution:
The principles of rule of law, of accountability, of non-discrimination and gender equality, the principles of freedom of expression and freedom of religion and belief—these rights are also laid down in the Universal Declaration and the desire to see them realized was a driving force behind the Tunisian revolution. These rights, and all the others laid down in this visionary document, and subsequently enshrined in a wide range of international treaties, must permeate any legal or policy response to the challenges Tunisia is facing. A successful rights-based revolution must be followed by a new rights-based social, legal, political and economic order.
Pillay further stated that the election is only the first step toward democracy and that the new legal framework has to ensure the "clear separation of powers between the executive, legislative and judicial branches."

The UN human rights office in Tunisia [official website], which was first opened in July, is currently assisting and offering advice as Tunisia continues to transform into an independent and open democratic system. The constituent assembly is considered to be the first of its kind in any North African or Middle Eastern country affected by the Arab Spring reform movement [UN News Centre backgrounder] after a 10-month preparation. Earlier this year, Tunisia was able to free itself [JURIST report] from the regime of its president, Zine al-Abidine Ben Ali, who fled Tunisia to Saudi Arabia in January during protests against his 23-year autocratic rule. Ben Ali was sentenced in absentia in July to 15 years in prison, following a 35-year sentence [JURIST reports] issued in June.




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Australia citizen files war crimes charges against Sri Lanka president
Jerry Votava on October 24, 2011 12:16 PM ET

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[JURIST] An Australian citizen has filed two counts of war crimes charges against Sri Lankan President Mahinda Rajapaksa [official website] for abuses that he allegedly witnessed in 2007 and 2008 as the Sri Lankan civil war drew to a close. Jegen Warran claims to have witnessed intentional attacks [ABC News report] by Sri Lankan military forces against civilian targets including a working hospital, killing patients and other civilians. The filing also alleges that the president ordered the unlawful detention of Tamil civilians. The case is now under review by Australian Attorney General Robert McClelland [official website], whose consent will be needed for the case to proceed. The filing comes as Rajapaksa is scheduled to arrive in Australia this week to participate in the Commonwealth Heads of Government Meeting (CHOGM) [official website], a biannual meeting of the prime ministers and presidents of its member countries. The meeting will take place in Perth, Australia, where leaders are set to discuss both local and global issues and to develop related policies and initiatives.

This filing follows closely behind a call last week [JURIST report] from the International Commission of Jurists, Australian Section (ICJA) [advocacy website] for Australia to investigate a top ranking official in the Sri Lankan High Commission [official website] in Canberra for war crimes violations allegedly committed by the Sri Lankan Navy during clashes with the Liberation Tigers of Tamil Eelam (LTTE) [JURIST news archive] in 2009. Last month, UN Secretary-General Ban Ki-Moon [official profile] sent a report [JURIST report] to the UN Human Rights Council (UNHRC) [official website] accusing Sri Lankan troops of killing tens of thousands of civilians during the civil war. In April, a UN panel of experts on Sri Lanka found credible allegations of war crimes [JURIST report] committed during the country's war with the LTTE, warranting further investigation. In December, the Sri Lankan Ministry of External Affairs [official website] announced that the UN panel would be allowed to visit [JURIST report] the island to look into alleged war crimes. The decision signaled a reversal after months of strong opposition [JURIST report] from the Sri Lankan government, which described the UN panel as an infringement of Sri Lanka's sovereignty.




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HRW urges Libya to investigate bodies found in Sirte
Jamie Davis on October 24, 2011 11:13 AM ET

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[JURIST] Human Rights Watch (HRW) [official website] on Monday urged Libya's National Transitional Council (NTC) [official website] to investigate the apparent "mass execution" [press release] of 53 Muammar Gaddafi [BBC obituary; JURIST news archive] supporters whose bodies were discovered at an abandoned hotel in an area of Sirte that was under anti-Gaddafi control. HRW emergencies director Peter Bouckaert called on the NTC to immediately investigate and hold accountable those responsible for the killings. Witness reports to the HRW indicate that anti-Gaddafi supporters had been in control of the area in which the hotel was located since early October. Sirte residents, who were at the hotel when HRW arrived, said that they found the bodies two days prior. Bouckaert said, "[i]f the NTC fails to investigate this crime it will signal that those who fought against Gaddafi can do anything without fear of prosecution. ... This latest massacre seems part of a trend of killings, looting, and other abuses committed by armed anti-Gaddafi fighters who consider themselves above the law. ... It is imperative that the transitional authorities take action to rein in these groups." HRW noted that the International Criminal Court (ICC) [official website] has jurisdiction [JURIST report] to prosecute those responsible for war crimes committed in Libya after February 15 and can bring charges against those responsible for physically committing the crime, senior officials who give the orders and those in a position of authority who failed to stop the crimes or prosecute those responsible.

The call for the NTC to investigate the discovery of the bodies comes days after Gaddafi was captured and killed and the Libyan prime minister declared the official liberation [JURIST reports] from Gaddafi's regime. Gaddafi's death and Libya's liberation come as the latest of milestones [JURIST timeline] in the Libya conflict [JURIST backgrounder], which began in February as a protest in opposition to the arrest of a prominent human rights activist. The ICC warned Libya [JURIST report] in May against covering up possible war crimes that have occurred during the conflict, and stated those involved in a cover-up will be held accountable. Prior to Gaddafi's death, the ICC issued arrest warrants [JURIST report] for him and two of his high-ranking officials for their involvement in crimes against humanity.




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Italy war crimes expert Cassese dies at 74
Maureen Cosgrove on October 24, 2011 11:03 AM ET

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[JURIST] Antonio Cassese [JURIST news archive], a renowned Italian international war crimes expert and key figure in the establishment of two international criminal tribunals, died Saturday in Florence, Italy, at the age of 74. Cassese was the first president of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the first President [JURIST report] of the UN Special Tribunal for Lebanon (STL) [official websites]. In an expert capacity, Cassese was also involved in the Special Court for Sierra Leone (SCSL) [official website] as well as the International Commission of Inquiry on Darfur [commission report, PDF]. Upon learning of Cassesse's death, UN Secretary-General Ban Ki-Moon [official profile] praised [press release] Cassese's contributions to the international legal community:
Throughout his distinguished career Antonio Cassese made his exceptional professional skills available to the United Nations. ... In these and many other functions Antonio Cassese shaped the development of international criminal justice and made a major contribution to fighting impunity and bringing about an age of accountability. ... The United Nations will fondly remember Antonio Cassese as a giant of international law, as a loyal friend who was always there when the Organization needed his wise counsel and dedicated services, and mostly as an exceptionally charming and warm human being who courageously stood up for justice, for human rights and for humanity.
The STL described Cassese as a pioneer of modern international criminal law, while the ICTY portrayed the human rights activist as a visionary and passionate leader [press releases]. Cassese passed away after a long battle with cancer.

Cassese has been involved in international criminal proceedings as recently as August. Cassese, as president of the STL, had a large role in the trials of four men wanted for killing former prime minister Rafik Hariri [BBC profile; JURIST news archive] in 2005. He made a public plea [press release] in August, calling for the men to turn themselves in [JURIST report]. He also guaranteed a fair trial and adequate representation and pressed Lebanese citizens to allow the STL to hold the assassins accountable. In December 2010, Cassese rejected motions [JURIST report] to disqualify Lebanese judges for bias, holding that Lebanese General Jamil El-Sayed had failed to provide enough evidence that the judges were biased such that the mixed-composition panel would be dissolved.




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Khmer Rouge leader defense team files suit against Cambodia PM
Alexandra Malatesta on October 24, 2011 10:57 AM ET

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[JURIST] Defense lawyers for Nuon Chea [case materials, PDF], a former leader of Cambodia's Khmer Rouge regime [BBC backgrounder; JURIST news archive] filed a lawsuit Monday against Prime Minister Hun Sen [BBC backgrounder] for interfering with the UN-backed war crimes tribunal. Chea's lawyers accused the prime minister of criminally conspiring to block some of the defense witnesses from testifying [Reuters report] and consequently interfering with Chea's right to a fair trial. Chea, along with three other defendants, will go on trial next month [JURIST report] on charges of crimes against humanity, genocide, religious persecution, homicide and torture in the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website]. The seven-year old tribunal is expected to spend about $150 million by the end of the year and has only issued one sentence since its creation. Former Judge Siegried Blunk recently resigned because of implications of a lack of impartiality [JURIST report] made by the Cambodian foreign minister.

Last week, UN Under-Secretary General for Legal Affairs Patricia O'Brien urged the Cambodian government to refrain from interfering [JURIST report] with the ECCC's work. In a meeting with Cambodia's Deputy Prime Minister Sok An to discuss recent developments at the tribunal, O'Brien expressed concern and reiterated the call to respect the integrity and independence of the tribunal. Last month, the ECCC ordered the trials of four alleged Khmer Rouge leaders be split into a series of smaller trials [JURIST report] to allow the tribunal to deliberate more quickly in the case. A week earlier, the ECCC concluded three days of hearings [JURIST report] aimed at determining whether two of the four Khmer Rouge leaders were fit enough to stand trial on accusations of genocide and other war crimes. The four leaders include Chea, who was Pol Pot's second-in-command and the group's chief ideologist, former head of state Khieu Samphan, ex-foreign minister Ieng Sary, and his wife, Leng Thirith [case profiles, PDF], who served as minister for social affairs. All four have pleaded not guilty to charges including crimes against humanity, war crimes, genocide, religious persecution, homicide and torture.




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UN expert calls for gender equality in criminal justice systems
Jennie Ryan on October 24, 2011 10:33 AM ET

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[JURIST] The UN Special Rapporteur on the Independence of Judges and Lawyers [official website] Gabriela Knaul [profile] called Friday for integration of a gender perspective [report, PDF] into countries' criminal justice systems. The annual report "addresses the need to consider and integrate a gender perspective in the criminal justice system as a fundamental step towards allowing equal access to justice for women and men and in respect of the role to be played by judges and lawyers." During the presentation of her report [press release] to the UN General Assembly [official website], Knaul stated that "[g]iven the historical and pervasive discrimination against women throughout the world, we have to look at how women are represented and treated in the criminal justice system." Knaul stressed the necessity of integrating gender perspective into judicial procedures to allow women's perspectives to challenge the "traditional notions of judging and judicial authority." The report includes a number of recommendations to states on how to improve gender equality in their criminal justice systems including identifying judicial regions most affected by gender-based discrimination, encouraging women to apply for high level criminal justice positions, and providing training geared on gender equality and women's rights.

Equality and women's rights continue to be an issue for much of the world. Earlier this month, the UN Special Rapporteur on Violence Against Women [official website] Rashida Manjoo [official profile] appeared in front of the General Assembly to urge states to fulfill their obligations to prevent violence against women [JURIST report]. Manjoo's presentation followed her August request for the US government to reevaluate its domestic violence policies [JURIST report]. Manjoo also released a report in June that said there is a continued prevalence of violence and discriminatory treatment of women in the US [JURIST report], with a heightened impact on poor, minority and immigrant women. In March, UN High Commissioner for Human Rights Navi Pillay [official profile] pressed [JURIST report] Tunisia and Egypt to ensure that women's rights receive constitutional protection and to include women in the dialogue to shape the future of their countries. Last year, Human Rights Watch (HRW) [official website] called on the Afghan government to protect the rights of women [JURIST report] during integration and reconciliation efforts conducted with the Taliban [GlobalSecurity backgrounder] and other militants. Earlier in 2010, India's upper house of parliament, the Rajya Sabha [official website], approved a bill [JURIST report] to ensure that one-third of seats in parliament are reserved for women.




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Libya leader orders investigation into Gaddafi death
Alexandra Malatesta on October 24, 2011 9:11 AM ET

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[JURIST] Interim Libyan leader Mustafa Abdul-Jalil [official profile] said Monday that he has ordered an investigation into the death of former leader Muammar Gaddafi [BBC obituary; JURIST news archive]. He said that the National Transition Council [official website] has formed a committee to investigate the circumstances surrounding Gaddafi's capture and death [JURIST report] last week at the hands of opposition forces in his hometown of Sirte and to determine what to do with the body. Abdul-Jalil's statement comes amid pressure [JURIST report] from the UN Office of the High Commissioner for Human Rights (OHCHR) [official website], rights groups including Amnesty International (AI) [advocacy website] and international governments for an official investigation. Cell phone videos [WARNING: graphic images] taken during Gaddafi's capture have surfaced depicting wounded and bloodied Gaddafi alive but enduring torment and beatings by his captors while being carried and placed into the back of a truck. An autopsy confirmed that Gaddafi died from a gun shot wound to the head [AP report], but Abdul-Jalil suggested Monday that Gaddafi may have been killed by his own supporters [AP report] to prevent him from implicating them in any crimes under his regime. Gaddafi's body has been on display [Reuters report: graphic content] since Friday in the city of Misrata, drawing large crowds of visitors wanting to see the body and take photos.

Libyan transitional leader Mahmoud Jibril [official profile] on Sunday declared the country's official liberation [JURIST report] from Gaddafi's regime and set a schedule for establishing a new government. Libyan civilians and NTC officials continue to celebrate the news of Gaddafi's death, and several world leaders have expressed relief and support for Libya. UN Secretary-General Ban Ki-Moon [official profile] said this week that Gaddafi's death marked "an historic transition" for the country and urged Libyans to stop fighting and promote peace [UN News Centre report]. Gaddafi's death marks the latest milestone in the Libya conflict [JURIST backgrounder], which began in February [JURIST report] as part of a wider protest movement, commonly referred to as the "Arab Spring," that had spread throughout the Middle East and North Africa.




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