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Legal news from Wednesday, January 25, 2012




Illinois high court to allow cameras in circuit courts
Max Slater on January 25, 2012 8:30 PM ET

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[JURIST] The Illinois Supreme Court [official website] on Tuesday authorized [order, PDF] the use of television cameras and other recording devices in state courts [press release, PDF]. The order permits "extended media coverage" in courtrooms, which entails broadcasting of proceedings by the use of television, radio, photographic or recording equipment for the purpose of gathering and disseminating news to the public. While Illinois has permitted the use of news cameras in its Supreme Court and appellate courts since 1983, it has not allowed news cameras in trial courts until this decision. Illinois Supreme Court Chief Justice Thomas Kilbride championed the new policy:
This is another step to bring more transparency and more accountability to the Illinois court system. The provisions of this new policy keep discretion in the chief circuit judge and the trial judge to assure that a fair and impartial trial is not compromised, yet affords a closer look at the workings of our court system to the public through the eyes of the electronic news media and news photographers.
Prior to the order, Illinois was one of 14 states that either banned or severely restricted camera use in trial courtrooms.

The presence of cameras and other recording devices in courtrooms has generated substantial controversy both in the US and abroad. In December, the US Senate Judiciary Committee returned to the longstanding debate [JURIST report] over whether to televise the proceedings of the US Supreme Court [official website], including whether Congress, as an equal branch of government, has the authority to require the court to admit cameras. In November, C-SPAN [official website] asked [letter text, PDF] the US Supreme Court to drop its ban on cameras in the courtroom when it hears arguments over the Patient Protection and Affordable Care Act (PPACA) [JURIST news archive]. In September, the UK Justice Secretary announced [JURIST report] that cameras would be allowed in UK and Wales courts in an effort to increase judicial transparency. In October 2010, a coalition of 37 public interest groups urged the US Senate to permit television coverage of Supreme Court proceedings [JURIST report]. In September 2010, US Federal judges reached an agreement [JURIST report] on a pilot project to allow certain civil trials to be televised.




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Montenegro court sentences four former Yugoslav army Soldiers
Rebecca DiLeonardo on January 25, 2012 1:01 PM ET

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[JURIST] A court in Montenegro on Wednesday sentenced four former Yugoslav People's Army (JNA) soldiers to up to four years in prison for war crimes committed during the Croatian conflict. In a retrial of a 2010 case, the court found the four defendants guilty of torturing prisoners [RFE/RL report] at a detention camp in Morinj between 1991 and 1992. The defendants were four of the six lower-ranking JNA soldiers who were convicted in May 2010 [Reuters report] for the torture of Croatian prisoners detained during a conflict in Dubrovnik. This decision was overturned on appeal [SETimes.com report], and two defendants were acquitted in the retrial.

The International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] continues to prosecute former high-ranking Yugoslav army soldiers for war crimes. Last September, ex-Yugoslav army chief Momcilo Perisic [ICTY profile, PDF; JURIST news archive] was convicted for crimes against humanity and war crimes [JURIST report], committed during the wars in Bosnia and Croatia and sentenced to 27 years in prison. Former Yugoslav National Army officer Miroslav Radic [Trial Watch backgrounder], was acquitted of war crimes charges [JURIST report] brought by the ICTY in 2007. In 2009, Radic sued Serbia [JURIST report] for the four years and six months he was detained during his trial by the ICTY.




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UN refuses to replace ECCC judge in Khmer Rouge trial
Jennie Ryan on January 25, 2012 11:46 AM ET

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[JURIST] The United Nations (UN) [official website] on Wednesday refused to replace a judge presiding over investigations at the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website] after Cambodia attempted to block him. Laurent Kasper-Ansermet is the judge tasked with investigating two possible suspects believed to be involved in the deaths of around 1.7 million people during the reign of the Khmer Rouge [BBC backgrounder] regime. The investigation relates to ECCC cases 003 and 004 [materials]. The Cambodian government strongly opposes the investigation into the suspects' involvement with the Khmer Rouge. Cambodia attempted to block Kasper-Ansermet's return to the country under an agreement between the UN and the Cambodian government. Cambodian officials said they believe they have the authority to reject investigating judges they deem unsuitable. Cambodia says Kasper-Ansermet is unsuitable to continue the investigation [Reuters report] because he used his Twitter account to comment on the cases. According to the UN, the agreement between the Cambodian government and the UN gives "full authority to operate as the international investigating judge."

Last week, the UN expressed concern [JURIST report] over Cambodia's decision to not appoint the reserve judge Kasper-Ansermet to the ECCC after the previous judge, Siegfried Blunk, resigned [JURIST report] in October. 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. Also 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].




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Maldives lawyers seek ICC intervention over detained judge
Dan Taglioli on January 25, 2012 11:14 AM ET

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[JURIST] A group of Maldives lawyers this week submitted to the International Criminal Court (ICC) [official website] the controversial case of detained Maldives Judge Abdulla Mohamed, calling Mohamed's continued detention a violation of the International Convention on the Protection of all Persons against Enforced Disappearance [text]. The legal team is contesting [Minivan News report] the conditions of Mohamed's arrest and subsequent detention [JURIST report] by the Maldives National Defence Force (MNDF) after the judge attempted to block his own High Court police summons pertaining to allegations of corruption and political bias in his professional conduct. The national Judicial Services Commission (JSC) has stated that the MNDF does not have legal authority over the judiciary [HaveeruOnline report], a responsibility claimed exclusively by the JSC itself. On Tuesday the Maldives Attorney General and JSC member Abdulla Muizzu gave his first interview since the arrest [HaveeruOnline report], but chose to confine his remarks to addressing the JSC's failure to effectively address various complaints against Mohamed's conduct, refusing entirely to address the constitutional issues pertaining to the judge's actual arrest. The JSC has appealed an earlier Civil Court injunction [Minivan News report] preventing the commission from taking action against Mohamed at the High Court, and is now investigating all previously submitted complaints against Mohamed. Violent anti-government protests have left several injured [HaveeruOnline report], including a journalist badly beaten Monday at a rally near the camp of the ruling Maldivian Democratic Party. While opposition parties have termed Mohamed's arrest a "kidnapping" and claimed his continued detention constitutes a "crime against humanity" under the ICC's jurisdiction, the ICC limits itself under the Rome Statute to only the most serious international crimes.

This week the Maldives Minister of Foreign Affairs [official website] requested the UN help resolve [JURIST report] the situation, which they are calling a judicial system failure. The Maldives has faced ongoing political difficulties following the adoption of its constitution [JURIST report] in late 2008. President Mohamed Nasheed [official website] defeated longtime political opponent Maumoon Abdul Gayoom [BBC profile], who had jailed him numerous times during his 30-year rule. However, opposition legislators have blocked the ruling party's legislative agenda, leaving certain crucial provisions of the new constitutional system unestablished. This resulted in the resignation of Nasheed's entire cabinet [BBC report] in June 2010. The Maldives Constitution [text, PDF] provides for multi-party elections, an independent judiciary and grants more authority to the legislature. It also enumerates fundamental rights of citizens and establishes several special commissions on issues relating to human rights and corruption. The new constitution was drafted in response to international criticism [AI report, PDF] of 2003 government actions against protesters of prison conditions in the country.




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Federal court rules Montana medical marijuana law does not shield providers from federal prosecution
Katherine Getty on January 25, 2012 10:26 AM ET

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[JURIST] A federal judge in the US District Court for the District of Montana [official website] on Friday ruled [opinion, PDF] that the state's medical marijuana [JURIST archive] law does not protect providers of the drug from federal prosecution. Judge Donald Molloy [official profile] dismissed a civil lawsuit [AP report] brought by 14 medical marijuana providers who had all been raided by federal authorities in the last year. The plaintiffs argued that the federal raids violated their protection under the state law. Molloy, however, found that providers could be prosecuted under federal law, following the precedent set by the Supreme Court in Gonzales v. Raich [opinion] in 2005. In that case, the Court held that the Supremacy Clause applies to medical marijuana laws. The Montana law [SB 423, text], which was enacted in 2011, allowed for the cultivation and production of the drug as long as a registration card was obtained. Molloy held that the Supremacy Clause allowed federal law to trump the state law.

Federal courts have been cracking down on state medical marijuana laws recently. Earlier this month the American Civil Liberties Union (ACLU) [advocacy website] was granted a motion to dismiss [JURIST report] a lawsuit brought by the Arizona Governor. The Governor believed an Arizona medical marijuana law placed lawmakers at risk of federal prosecution for implementing the law. In October, medical marijuana advocates filed suit [JURIST report] in a California federal court seeking relief against the federal government for its crackdown on marijuana dispensaries in the state. In June, a judge in Ontario stayed a ruling [JURIST report] finding that the country's marijuana laws were unconstitutional. In January 2010, the California Supreme Court [official website] overturned [JURIST report] a 2003 law limiting the amount of marijuana that may be possessed under the state's Medical Marijuana Program (MMP) [materials].




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Serbia rights group alleges war crimes by new military chief
Jerry Votava on January 25, 2012 8:32 AM ET

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[JURIST] The Humanitarian Law Center (HLC) [advocacy website], a Serbian human rights group, alleged [press release, in Serbian] on Tuesday that Serbian General Ljubisa Dikovic [official profile, in Serbian] committed war crimes [JURIST news archive] in 1998 and 1999 during the war in Kosovo [JURIST news archive]. The HLC pointed to evidence uncovered during the trial of former Serbian president Milan Milutinovic by the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website; JURIST news archive]. They noted that Dikovic was in command of the 37th Motorized Brigade, in whose zone of control the ICTY found a "number of heavy and massive war crimes committed." The HLC alleged that, although Dikovic had a responsibility to prevent the war crimes, he did not act.

The ICTY is currently preparing for the trial of former Serbian general and alleged war criminal Ratko Mladic [ICTY backgrounder, PDF; JURIST news archive]. The trial is set to begin in March [JURIST report]. The ICTY had previously tried [JURIST news archive] former Yugoslav President Slobodan Milosevic [JURIST news archive], but ended that trial after his death [JURIST report] in custody in 2006.




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Egypt military leaders announce partial lift of state of emergency
Jerry Votava on January 25, 2012 7:42 AM ET

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[JURIST] Field Marshal Hussein Tantawi, head of Egypt's Supreme Council of the Armed Forces (SCAF) [NYT backgrounder] announced Tuesday that Eygpt's state of emergency [JURIST news archive] that has been in effect for nearly 30 years would be lifted later this week. Tantawi did indicate that some of the powers from the state of emergency would remain in effect [AP report] against certain crimes. Tantawi made the announcement [BBC report] on the anniversary of the start of the Egyptian revolution [JURIST news archive], which led former Egyptian president Hosni Mubarak [Al Jazeera profile; JURIST news archive] to step down from the office [JURIST report] in February of last year. The SCAF had previously tried to lift the state of emergency in August but reinstated in a month later after an attack on the Israeli Embassy [JURIST reports].

Last week, a report from Human Rights Watch [advocacy website] called on [JURIST report] Egypt's newly elected parliament to pursue an agenda to reform nine areas of Egyptian law that impede freedom and restrict rights. Among the suggestions was a call to lift the state of emergency. Earlier in January, Egyptian prosecutors began their case [JURIST report] against Mubarak, who is facing charges of complicity by ordering the killings of at least 840 protesters [JURIST report] during the revolution. Some commentators have recommended [JURIST op-ed] that the SCAF separate its economic and political power to allow for greater prosperity in Egypt.




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