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Legal news from Monday, January 16, 2012




Philippines chief justice impeachment trial begins
Jerry Votava on January 16, 2012 12:35 PM ET

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[JURIST] The Philippine Senate [official website] on Monday began the impeachment trial [press release] of Chief Justice Renato Corona [official profile] for violating the constitution and the public trust in connection with the trial of former president Gloria Macapagal Arroyo [BBC profile; JURIST news archive], who originally appointed Corona to the Supreme Court. There are eight charges [text] against Corona, including failure to disclose his personal finances and several allegations of partiality. The most high profile of the allegations includes a charge of partiality when it comes to the trial of Arroyo. If found guilty, Corona will likely be forced out of office. Senator Francis "Kiko" Pangilinan [official website] said that the impeachment would "[exact] public accountability from high-ranking public officials," and such accountability "is necessary if our society is to have a healthy respect for the rule of law."

Former president Arroyo has been a target of anti-corruption efforts by President Benigno Aquino [BBC profile]. Arroyo was recently arrested [JURIST report] in the hospital before she was able to leave the country to seek medical treatment. Corona presided over the court that voted to allow Arroyo to travel [JURIST report] to receive medical care, temporarily restraining the restrictions on Arroyo's travel in connection with several pending charges against her. Arroyo was president of the Philippines from 2001-2010. She left office after the Philippine Department of Justice (PDOJ) [official website] brought allegations of corruption against her. Arroyo was elected to the House of Representatives last year after the Philippine Supreme Court ruled her eligible to run [JURIST report], despite protests that she had an unfair advantage. In July 2010, Aquino signed an executive order [JURIST report] to set up a "truth commission" to investigate allegations that the outgoing administration engaged in corruption and rights violations.




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Russia criticizes US for Guantanamo rights violations
Rebecca DiLeonardo on January 16, 2012 12:21 PM ET

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[JURIST] The Russian Ministry of Foreign Affairs (MFA) [official website] criticized the US human rights record, including the indefinite detention of Guantanamo Bay [JURIST backgrounder] detainees, in a report [text, PDF] made public on their website Sunday. The 90-page report, which addresses human rights issues throughout the world, dedicates 20 pages to the situation in the US, and calls the situation in Guantanamo "the main outstanding [human rights] issue" in the US. The report also alleged growing racial discrimination problems, unacceptable prison conditions and erosion of citizens' rights:
Longstanding systematic problems of the American society are aggravating, such as racial discrimination, xenophobia, overcrowded prisons, unreasoned use of death penalties, in particular with respect to innocent, minor and mentally disabled persons, as well as flawed electoral system and corruption. There has been a sharp worsening of situation concerning the fulfillment of basic social and economic rights of citizens, including collective bargaining rights. Permanent deficits of federal and local budgets revealed gaps in the judicial system, including inadequate access to justice.
The report criticizes President Barack Obama [official website] for revising his stance on Guantanamo prison [JURIST comment], and failing to expand basic human rights during his presidency. In addition to the US, the report addresses human rights concerns in Germany, France, Great Britain, Poland, Canada and other states.

This report marks the first time that the MFA has issued a statement regarding the state of affairs of human rights in other countries, although Russia has been criticized internationally and by its own citizens for its human rights record. In December, the Russian Presidential Council on Civil Society and Human Rights called for the annulment [JURIST report] of the conviction of ex-oil tycoon Mikhail Khodorkovsky [defense website; JURIST news archive]. Also in December, Russian President Dmitry Medvedev [official website, in Russian] ordered an investigation into allegations of fraud [JURIST report] in recent parliamentary elections. Earlier, the Organization for Security and Co-operation in Europe (OSCE) [official website] issued preliminary findings [JURIST report] that the Russian election was "characterized by frequent procedural violations and instances of apparent manipulation." The US State Department [official website] and other world leaders have also called for an investigation into the allegations of election fraud and expressed concern over "harassment" of election monitoring groups.




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Pakistan high court begins contempt proceedings against PM
Rebecca DiLeonardo on January 16, 2012 11:05 AM ET

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[JURIST] The Supreme Court of Pakistan [official website] began contempt proceedings against Prime Minister Yousuf Raza Gilani [BBC profile; JURIST news archive] Monday after he refused to comply with a court order. The prime minister was ordered to appear in court Thursday [AP report] to explain why he did not comply with the court's order to reopen a corruption case against President Asif Ali Zardari [official website]. Last week, the Supreme Court warned [JURIST report] Gilani that failure to comply could result contempt charges and removal from office. The conflict between the prime minster and the court stems from an order which struck down [JURIST report] the National Reconciliation Ordinance (NRO) [text] in 2009, which granted immunity to Zardari and 8,000 other government officials from charges of corruption, embezzlement, money laundering, murder and terrorism between January 1986 and October 1999. Gilani has not acted on the court's orders, maintaining that the president has immunity from prosecution [AP report].

These proceedings reflect an ongoing struggle between the government and the courts in Pakistan. Last month, the Supreme Court formed a judicial committee to investigate a secret memo [JURIST report] sent from an unknown Pakistani source to US Admiral Mike Mullen in May asking for help in preventing a suspected army coup. Zardari and former Pakistan ambassador to the US Husain Haqqani have been accused of writing or having knowledge of the memo, and both have denied these allegations. In October, the Supreme Court issued a judgment urging political parties to stop financing criminal groups [JURIST report] responsible for increased violence in the city of Karachi. The decision stated that militant groups have gained strength because of support from local political groups and ordered the Pakistani government to help address the corruption. The court struck down the NRO in 2009, which was signed [JURIST report] by former Pakistani president Pervez Musharraf [BBC profile] in 2007.




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