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Legal news from Saturday, March 17, 2012




Libya intelligence chief arrested
Michael Haggerson on March 17, 2012 3:27 PM ET

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[JURIST] Mauritania announced on Saturday that they have arrested former Libyan chief of intelligence Abdullah al-Senussi, who served under Muammar Gaddafi [JURIST news archive]. Libya's National Transitional Council (NTC) [official website, in Arabic], the International Criminal Court (ICC) [official website] and France have all requested custody of al-Senussi. The ICC issued arrest warrants [text, PDF] for al-Senussi in June on charges of murder and persecution for planning attacks on civilians during the Libya conflict [JURIST backgrounder], but he is also suspected of organizing mass rapes [JURIST report]. France requested custody because al-Senussi was sentenced to life in prison in France for his role in a 1989 plane bombing over Niger that killed 170 people, including 54 French citizens. Both members of Gadaffi's "inner circle" [JURIST report], al-Senussi and Gadaffi's son Saif al-Islam, have now been arrested.

In November ICC Chief Prosecutor Luis Moreno-Ocampo detailed the charges [JURIST report] against al-Senussi and Saif al-Islam to the UN Security Council [official website] as well as what was being done to secure their capture. Saif al-Islam was arrested [JURIST report] in November and is currently in Libyan custody. In October the two reportedly attempted to leave Libya in an effort to surrender themselves [JURIST report] to the ICC, according to the NTC. Earlier in the month, Ocampo said that he has evidence against Saif al-Islam for his role in planning attacks on Libyan civilians [JURIST report]. According to Ocampo, Saif al-Islam hired mercenaries to assist him in carrying out his plans to attack civilians that protested the rule of his father.




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Guatemala must still seek to solve human rights issues: UN rights chief
Michael Haggerson on March 17, 2012 2:34 PM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official website] stated on Thursday that Guatemalan government authorities remain willing to solve human rights issues in the country but nonetheless have failed to comply [press release] with the 1996 Peace Accords [text] which ended the country's 36-year civil war. Pillay focused on three issues: impunity for certain individuals, insecurity and violence, and rights of indigenous peoples. Pillay commended Guatemala for ratifying the Rome Statute [text] and bringing some human rights violations to justice, such as the Dos Erres massacre [JURIST report], but said additional reform was still needed before courts were truly independent and impartial. Pillay urged the government to continue fighting against crime, without using the high crime rate as an excuse to operate outside the law, by addressing the root causes of crime. Finally, Pillay stated that indigenous peoples must be allowed to participate in government decisions and be allowed to defend their rights.

The Guatemalan civil war, which lasted from 1960-1996 [BBC timeline] resulted in more than 200,000 deaths, mostly among Guatemala's large indigenous Mayan population. According to a UN report [text, in Spanish] released in 1999, the military was responsible for 95 percent of those deaths. Earlier this month a Guatemalan judge denied amnesty [JURIST report] to former dictator Effan Rios Montt, who was in power during the Dos Erres massacre. In February, JURIST guest columnist and Director of the Guatemala Human Rights Commission Kelsey Alford-Jones opined [JURIST op-ed] that prosecuting Rios Montt was necessary to bring justice to his victims, as well as strengthen the Guatemalan judiciary. In August a Guatemalan court sentenced four former soldiers [JURIST report] to over 6,000 years in prison on war crimes charges related to the Dos Erres massacre.




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Italy high court recognizes right of same-sex couples to have 'family life'
Jamie Davis on March 17, 2012 9:50 AM ET

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[JURIST] The Italian Supreme Court [official website, in Italian] on Friday recognized same-sex couple's right to have a family life after it denied a same-sex couple's right to have their foreign marriage recognized in the country. The ruling is expected to force the country's government officials to reconsider Italy's ban on same-sex marriage [UPI report]. The ban on same sex-marriage has been controversial, but a 2010 attempt to overturn it was unsuccessful. After hearing arguments from same-sex couples, Italy's Constitutional Court upheld the ban [JURIST report]. In 2007, Italy's Cabinet approved a controversial proposal [JURIST report] to grant a number of legal rights to unmarried couples, including those of the same sex. The proposal, harshly criticized by the country's justice minister and bishop [JURIST reports], ultimately failed. Italy is one of few Western European nations that does not offer legal recognition to same-sex couples.

Italy is not the only European country that has been in the news regarding same sex-marriage. In June 2010, the European Court of Human Rights (ECHR) ruled 4-3 that the European Convention on Human Rights does not mandate that member states recognize same-sex marriages [JURIST report]. Also in June 2010, the Icelandic Althingi unanimously passed legislation legalizing same-sex marriage [JURIST report]. In May 2010, Portuguese President Anibal Cavaco Silva signed a bill that legalizes same-sex marriage [JURIST report] but stops short of allowing same-sex couples to adopt. The bill was approved by the Portuguese Parliament in January and found to be constitutional by the Constitutional Court.




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UN human rights chief calls for fair Guinea-Bissau presidential election
Jamie Davis on March 17, 2012 9:11 AM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official website] urged the people of Guinea-Bissau [JURIST news archive] Friday to ensure that the country's upcoming presidential election is free and fair and warned that any violence during the election would be a violation of human rights. The presidential election, to be held on Sunday, comes after Guinea-Bissau's former president Malam Bacai Sanha died in January. Pillay's concerns for a fair election [UN News Centre report] stem from the country's history [BBC news archive] of being ridden with coups and unruliness after breaking away from Portugal and gaining independence in 1974. Pillay also applauded the people in Guniea-Bissau for their peaceful participation is the election process so far. UN Secretary-General Ban Ki-moon also issued a statement [text] calling on the country to maintain order during the elections. Nine people are reportedly candidates for the presidency.

Guinea-Bissau's reputation of unrest and violence has been in the news before. In August 2010 the EU declined to renew its mandate [JURIST report] of reforming Guinea-Bissau security forces, citing the breakdown of law and order in the country. In June 2010 the US refused to participate in international reform efforts [Reuters report] of the country's security sector without the removal of corrupt officials. In April 2010 Ban called on leaders in Guinea-Bissau to respect the rule of law and maintain constitutional order [JURIST report] in the wake of a confrontation between the military and government in which the prime minister was detained and later released.




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JURIST needs your support!
Matthew Shames on March 17, 2012 12:30 AM ET

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