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Legal news from Saturday, January 21, 2012 |
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UN concerned over Cambodia blocking international judge from genocide tribunal
Michael Haggerson on January 21, 2012 2:47 PM ET

[JURIST] The UN expressed concern [press release] on Friday over Cambodia's decision to not appoint the reserve judge to the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website; JURIST news archive] over "ethical concerns." The UN stated that the ethical concerns were unfounded. The previous judge, Judge Siegfried Blunk, resigned [JURIST report] in October over statements made by the Cambodian foreign minister allegedly attempting to interfere with the tribunal's proceedings. ECCC judges, including Blunk, have been criticized for allegedly failing to conduct impartial investigations. Cambodia has argued that the trial of former Khmer Rouge leaders is a Cambodian issue and should not be a matter of international concern. The refusal to permit the reserve judge to take the vacant position on the tribunal has blocked two pending cases [AFP report].
In October, defense lawyers for accused Khmer Rouge leader Nuon Chea filed a lawsuit [JURIST report] against Cambodian Prime Minister Hun Sen [BBC profile] for interfering with the UN-backed war crimes tribunal. Nuon's lawyers accused the prime minister of criminally conspiring to block some of the defense witnesses from testifying [Reuters report] and consequently interfering with his right to a fair trial. In September, the ECCC ordered the trials be split into a series of smaller trials [JURIST report]. The ECCC said that the separation of trials will allow the tribunal to deliberate more quickly [press release] in the case against the elderly defendants. The first trial will focus on the beginning two phases of population movement and allegations of crimes against humanity, including murder, persecution not on religious grounds and forced disappearances associated with the first phases of population movement. Subsequent trials will focus on the third phase of population movement, genocide, persecution based on religious grounds and violation of the Geneva Conventions of 1949 [ICRC backgrounder].


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Mali becomes first African state to enforce ICC sentences
Michael Haggerson on January 21, 2012 2:01 PM ET

[JURIST] Mali signed an agreement [press release] Friday with the International Criminal Court (ICC) [official website] to become the first African country to agree to enforce the ICC's sentences of imprisonment. Article 103 of the Rome Statute [text], which governs the ICC, states that "[a] sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons." Mali joins Finland, Belgium, Denmark, the UK and Austria as countries which have agreed to detain individuals convicted by the ICC. Finland, Belgium and Denmark were the most recent countries to agree to take convicts [JURIST report].
The ICC has been heavily involved in prosecuting crimes against humanity in Africa. In December the ICC urged international cooperation [JURIST report] in executing arrest warrants for suspects accused in the Darfur conflict [ICC materials]. Sudanese President Omar al-Bashir [ICC materials; JURIST news archive] is currently at-large and faces seven counts of war crimes and crimes against humanity as well as three charges of genocide [JURIST reports]. Also in December, former Ivory Coast president Laurent Gbagbo [BBC profile] was brought into custody and appeared before the ICC [JURIST report] to face charges of murder, persecution, inhumane acts, and rape and other forms of sexual violence allegedly committed during 2010's post-election violence [JURIST news archive] in the Ivory Coast. In November the ICC indicated that it would allow Libya to conduct the trial of Saif al-Islam Gaddafi [JURIST report], son of former Libyan leader Muammar Gaddafi [BBC profile], despite concerns over whether he could possibly receive a fair trial. In August the ICC concluded its first war crimes trial [JURIST report], the trial of Democratic Republic of Congo militia leader Thomas Lubanga [ICC materials; BBC profile] for enlisting child soldiers and committing large-scale human rights abuses in Congo's violent Ituri district. In June Kenya appealed [JURIST report] the ICC's refusal to transfer two cases against high-ranking Kenyan officials for their alleged involvement in the violence after the 2007 Kenyan elections [JURIST news archive]. The Kenyan men facing charges in the ICC, the "Ocampo Six," are accused of inciting violence after the 2007 Kenyan elections which resulted in more than 1,100 deaths, 3,500 injuries, hundreds of rapes and up to 600,000 individuals being forcibly displaced.


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Chevron appeals Ecuador court's $18 billion fine
Jamie Davis on January 21, 2012 11:02 AM ET

[JURIST] US oil company Chevron Corp [official website] announced Friday that it has filed an appeal [text, PDF, in Spanish] with the National Court of Justice in Ecuador asking it to reconsider the decision rendered by an Ecuadorian judge [press release] that would require Chevron to pay $18 billion in damages from the pollution it has caused to the Amazon jungle. Chevron appealed on grounds that the lower court's decision violated Ecuador's constitution because the court failed to correct or punish [Reuters report] the "extensive fraud and corruption" that was being committed by the lawyers representing the plaintiffs. Chevron, which inherited the case after taking over Texaco, argued that the application of law was also incorrect because Ecuador released Texaco from liability during the 1990s. Chevron has also attempted to find other ways to overturn the judgment by instituting arbitration proceedings in The Hague under the US-Ecuador Bilateral Investment Treaty (BIT) [text, PDF]. In February 2011, the tribunal conducting the arbitration proceedings ordered Ecuador to suspend enforcement of the lower court's judgment against Chevron until further notice. Chevron has also instituted a suit in the US District Court for the Southern District of New York against the plaintiff's representatives for violating federal statutes, including racketeering.
The judgment against Chevron was upheld in January by a three-judge panel of the Provincial Court of Justice of Sucumbios in Lago Agrio, Ecuador. The $18 billion fine, one of the largest in the history of environmental contamination suits, was originally set at $8.6 billion [JURIST report] but was more than doubled for Chevron's refusal to pay "moral reparations" to the Ecuadorian government, as required by the original ruling. The Amazon Defense Coalition [advocacy website], plaintiffs in the suit, have responded that the first judgment was a reaffirmation of how Chevron's greed and criminal misconduct in dumping billions of gallons of toxic waste into the river has led to death and disease. Damages were initially awarded in February by the Provincial Court of Justice of Sucumbios which found that Texaco, which was acquired by Chevron in 2001, polluted large areas of the country's rain forest.


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Federal appeals court strikes New Mexico sex offender library ban
Jamie Davis on January 21, 2012 10:10 AM ET

[JURIST] The US Court of Appeals for the Tenth Circuit [official website] ruled [opinion, PDF] Friday that a policy in the city of Albuquerque, New Mexico, that bans registered sex offenders from entering the city's public libraries is unconstitutional. The court reasoned that the policy violated the fundamental right to receive information under the First Amendment [text] of the Constitution and that denying access to public libraries to some is an infringement on this right. While the court held that the current policy is in violation of the Constitution, it noted that a less strict policy may be an option for the city, stating:We note that our decision does not signal the death knell of the City's efforts, if it wishes to pursue them, to restrict access of registered sex offenders to the City's public libraries. ... Like the Supreme Court, we "generally will not strike down a governmental action" for failure to leave open adequate alternative channels of communication "unless the government enactment will foreclose an entire medium of public expression across the landscape of a particular community or setting. The appeals court affirmed the 2009 ruling of a US District Court judge in New Mexico who held that the city's ban was too restrictive. The policy banning sex offenders from Albuquerque public libraries began in 2008 when the former mayor of the city ordered the city libraries [Reuters report] to inform registered sex offenders by letter that they were no longer allowed to use the facilities.
US courts have seen numerous constitutional challenges to laws placing restrictions on sex offenders. In August, the American Civil Liberties filed a complaint in federal court seeking to block a Louisiana law that limits Internet use for registered sex offenders [JURIST report]. In May 2010, the US Supreme Court ruled that mentally ill sex offenders may be civilly committed [JURIST report] beyond their prison sentences. The New Jersey Supreme Court ruled [JURIST report] in May 2009 that local ordinances prohibiting convicted sex offenders from living near schools, playgrounds, and other public areas were preempted by the state's Megan's Law and, therefore, invalid. In March 2009, the US Court of Appeals for the Fourth Circuit ruled that a South Carolina law requiring convicted first degree sex offenders to submit to a DNA test and pay $250 in processing fees prior to their release does not violate the ex post facto clause of the Constitution [JURIST report]. A judge in the US District Court for the Eastern District of California ruled in February 2009 that the Sex Offender Registration and Notification Act of 2006 (SORNA), which makes it a federal crime for a sex offender to attempt to move to another state [JURIST report] while failing to register in a nationwide database, is unconstitutional.


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UN rights expert calls on new North Korea leaders to address human rights concerns
Jerry Votava on January 21, 2012 8:34 AM ET

[JURIST] The UN Special Rapporteur on North Korean Human Rights Marzuki Darusman called [statement; press release] Friday on the new leadership of North Korea (DPRK) [JURIST news archive] to improve human rights concerns in their country. The statement comes as North Korea begins a new era of leadership under Kim Jong-un [BBC profile], the son of and successor to the recently deceased leader Kim Jong-il [BBC obituary]. Darusman gave the statement at the end of an official visit to Japan where he met with North Korean defectors and Japanese officials engaged with North Korea. He said that he had gathered information including "numerous reports of a dire humanitarian situation, in particular the serious shortage of food, and the critical human rights situation" in North Korea. Darusman noted the potential for improved human rights with the new leadership:The ramifications of this change on the people of DPRK, and on neighboring countries will only unfold in the comings days and months. However, I am hoping that the new leadership in DPRK will use the change in leadership as an opportunity to engage with the international community and secure global confidence. The world is eagerly looking at DPRK to see what lies ahead, and hoping that the authorities will take measures to improve the human rights situation of the people of DPRK. Darusman also discussed the alleged abduction of Japanese and other foreign nationals by North Korea, and advocated for their return.
Darusman criticized North Korea's human rights record in November, focusing on the treatment of prisoners and echoing a UN General Assembly [official website] resolution [text] concerning the country's human rights conditions. In March 2010 the UN Human Rights Council (UNHRC) [official website] adopted a resolution condemning [JURIST report] North Korea for human rights abuses. Earlier in March, the UN Special Rapporteur for North Korea, Vitit Muntarbhorn reported to the UNHRC that North Korean human rights situation was continuing to deteriorate [JURIST report]. This report came after Muntarbhorn's previous criticism, in October, 2009, of North Korea's "abysmal" [JURIST report] and ongoing human rights violations, alleging that the authoritarian government was responsible for various abuses, including torture, public executions, extensive surveillance, media censorship, women's rights violations and widespread hunger.


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