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Legal news from Sunday, March 18, 2012




Report: US sending Afghan detainees to prisons known for torture
Jaimie Cremeans on March 18, 2012 4:16 PM ET

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[JURIST] The US has sent at least 11 detainees to a facility in Afghanistan that has been shown to torture prisoners, two human rights groups reported [text, PDF] Saturday. The Open Society Institute of New York and the Afghan Independent Human Rights Commission [advocacy websites] alleged [AP report] that these detainees were sent to a National Directorate of Security (NDS) facility in Kandahar, which was condemned in a report [PDF; JURIST report] by the UN in October for "systematically tortur[ing]" prisoners during interrogations. The detainees documented in the new report were allegedly sent to this facility after July, when NATO and US forces were supposed to have stopped sending prisoners there due to torture allegations. US officials have not commented on the new report, but are cited in it as denying transfers of prisoners to the NDS Kandahar facility.

After release of the UN report in October, Afghan officials denied the torture allegations [JURIST report], saying there was no basis for the UN's findings. Afghanistan has a history of criticism for human rights abuses. In September, Human Rights Watch [advocacy website] alleged that the Afghan Local Police had been committing serious human rights violations [JURIST report], including rape, murder, abduction, forced land seizures and illegal raids. Last March, the UN released a report alleging that the Afghan government's corruption and short-term security goals were intensifying the country's poverty issues [JURIST report]. UN High Commissioner for Human Rights Navi Pillay also delivered a report earlier that month saying that the government was stalling human rights progress [JURIST report] through abuse of power and violence against women.




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Convicted Nazi guard Demjanjuk dies at 91
Jaimie Cremeans on March 18, 2012 3:06 PM ET

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[JURIST] John Demjanjuk [JURIST news archive], a retired Ohio autoworker convicted of being an accessory to over 28,000 murders as a guard at a Nazi extermination camp, died in a nursing home Saturday at the age of 91. Demjanjuk, who was born in Ukraine and later became a US citizen, was convicted in a German court [JURIST report] in May and sentenced to five years in prison. The judge, however, ordered his release because of his age so that he could receive proper care while the verdict was being appealed. He maintained until his death, as did his son in an interview after his death [AP report] Saturday, that he was an innocent Soviet POW who was framed by Germany. Demjanjuk's trial was likely the last of the Nazi war crimes trials.

After being convicted in May, Demjanjuk filed a request in a US court to determine whether the US government withheld evidence that the Nazi ID card used against him could have been a fake made by Soviets. In May 2010 a German judge denied a motion to dismiss [JURIST report] the charges due to lack of evidence. He was found fit to stand trial [JURIST report] in that court in October 2009 against allegations by Demjanjuk and his family that he was too old and sick to go through a trial. He was deported to Germany [JURIST report] from the US in May 2009 after the US Supreme Court refused to hear his appeal of a 2005 deportation order [JURIST reports] by a US Chief Immigration Judge.




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ECHR: Ukraine must assure Tymoshenko receives proper medical treatment
Matthew Pomy on March 18, 2012 12:28 PM ET

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[JURIST] The European Court of Human Rights (ECHR) [official website] on Friday urged the Ukrainian government to ensure that former prime minister Yulia Tymoshenko [official profile] receive adequate medical treatment [statement]. Tymoshenko, who was convicted [JURIST report] of abusing her power as prime minister, is reportedly suffering from an unknown medical ailment, a slipped disk [Kiev report] according to her daughter. She has been appealing her conviction, which has been criticized as politically motivated [JURIST report], but has been denied medical treatment at an outside facility. The court ordered that Tymoshenko be allowed to "receive adequate medical treatment in an appropriate institution."

In December the EU policy chief criticized the court of appeals [JURIST report] in Tymoshenko's case for not addressing the actual legal issues of the case. Earlier that month, Tymoshenko ended her appeal in Ukrainian courts [JURIST report] in order to focus on appeals in the ECHR. Her initial appeal was denied [JURIST report] that same month.




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Protesters rally against Morocco rape-marriage law after teen suicide
Matthew Pomy on March 18, 2012 11:32 AM ET

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[JURIST] Protesters in Morocco rallied Saturday to call for reform of a law that prohibits punishing rapists of minors if they marry their victims. Moroccan Penal Code [text, French] Article 475, along with provisions that allow judges to require marriage in situations of rape, has been the subject of harsh criticism since a minor was forced to marry her rapist and subsequently committed suicide [AFP report]. The article, translated from French, reads:
When a minor removed or diverted married her captor, the latter can not be prosecuted on the complaint of persons entitled to apply for annulment of marriage and can not be sentenced until after the cancellation of marriage has been pronounced.
This section has been used to exonerate rapists who marry their victims after the fact, regardless of the circumstances surrounding the marriage.

Last July Moroccan voters overwhelmingly approved a revised version of the constitution [JURIST report], highlighted by fewer powers reserved for their king. The constitutional revisions were a product of a reform process announced last April following peaceful demonstrations [JURIST reports] demanding democratic reforms as part of the wider protests in the Middle East and North Africa [BBC backgrounder; JURIST news archive].




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