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Legal news from Saturday, April 7, 2012




Tunisia appeals court upholds conviction against ex-president for torture
Michael Haggerson on April 7, 2012 2:45 PM ET

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[JURIST] A Tunisian military appeals court upheld the convictions against ex-president Zine El Abidine Ben Ali [BBC profile; JURIST news archive] on Saturday for torturing military officers over an alleged coup plot in 1991. The appeals court reduced the four-year sentences against individuals formerly in Ben Ali's government, including the interior minister and head of state security, by two years from four years, but upheld Ben Ali's five-year sentence [AFP report]. The sentence against Ben Ali was handed down in absentia because he fled Tunisia in January 2011 and has been in exile in Saudi Arabia since then. Defense lawyers stated that the charges were baseless and that the incident was just a "state security issue." Defense lawyers stated that they intend to appeal the ruling. Ben Ali has also been sentenced to an additional 15 years on drug and gun charges [JURIST report] and another 35 years on theft and unlawful possession of jewelry charges.

Ben Ali fled Tunisia to Saudi Arabia in January 2011 during protests against his 23-year autocratic rule in which his family amassed substantial wealth [Reuters report] that many Tunisians say was at their expense. Ben Ali has indicated that he was "duped" into leaving [AFP report] the capital Tunis, according to a statement released through his lawyer. He said that he was trying to get his family out of the country after assassination threats and that the plane left him in Saudi Arabia despite orders to wait for him. Ben Ali has denied the charges against him [JURIST report] which stem mostly from allegations that he authorized the use of force against protesters during the Tunisian revolution, resulting in more than 200 deaths. Justice Minister Lazhar Karoui Chebbi [profile, in French] announced the issuance of an arrest warrant for Ben Ali in January 2011, though the country has not received a response to its request to extradite [JURIST reports] the former leader from Saudi Arabia, where he remains in exile. Chebbi announced that Ben Ali had been charged with 18 offenses [JURIST report] in April 2011.




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UN SG condemns attacks by Syria government
Michael Haggerson on April 7, 2012 2:29 PM ET

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[JURIST] UN Secretary-General Ban Ki-moon [official website] on Friday condemned [press release] recent attacks by troops loyal to the Syrian government against innocent civilians. On Monday the Syrian government promised to completely withdraw its troops by April 10, but Ban stated that having a timeline for withdrawal is not an excuse for continued killing until that date. Ban called for an immediate end to the violence and demanded that the Syrian government give access to humanitarian agencies, release detainees and begin peace talks. Ban's statement came amidst reports that Syrian troops continued attacking rebel troops [AP report] on Saturday, just days ahead of the cease-fire deadline. The UN estimates that more than 8000 individuals have been killed since the protests in Syria began.

The UN has continued to call for an end to the violence in Syria. Last month, the UN Human Rights Council [official website] voted to pass [JURIST report] a non-binding resolution condemning Syrian authorities for continued bloodshed and violations of human rights. This official condemnation from the rights body came on the heels of a demand for a cease-fire [JURIST report] by UN High Commissioner for Human Rights Navi Pillay [official profile] in late February. Also in February, the UN-appointed Independent International Commission of Inquiry on Syria accused the government of violating international human rights law [JURIST report] after finding that Syrian forces are engaging in torture and killings under orders from high level government officials. In the same month, both Pillay and Ban called for an end to the violence in Syria, with Pillay asking the UN Security Council to refer the situation in Syria [JURIST reports] to the International Criminal Court. The increasing unrest in Syria has garnered international attention and has sparked controversy in America about what its role should be [JURIST op-ed].




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Mali coup leader agrees to return constitutional rule
Jamie Davis on April 7, 2012 10:39 AM ET

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[JURIST] Coup leader Amadou Haya Sanogo, who took control of Mali [JURIST news archive] last month, on Friday signed an agreement in which he agreed to return constitutional power to the country. The coup, headed by Sanogo took power over the country on March 21 [JURIST report] when a group of soldiers rushed the presidential palace, overthrowing the democratic rule that has been in place for over twenty years. Sanogo agreed to return constitutional rule [AP report] to Mali after he received heavy pressure from the country's surrounding nations. Sanogo noted in the agreement that Article 36 of Mali's constitution permits the head of parliament, Dioncounda Traore, to serve as interim president and coordinate elections for the new president, but he did not specify when the transfer of power will take place as Traore fled Mali when the coup took power. While Article 36 of Mali's constitution allows for a 40 day interim period for presidential elections to take place, the agreement allows for an extension, citing the countries disrepair and rebellion in the north as a hinderance. Sanogo originally announced earlier this week that he would reinstate the country's 1992 constitution and create a transitional government to hold elections [JURIST report], but his signed agreement did not come until Friday.

Mali has experienced military turmoil since Taureg rebels began attacking Malian soldiers [Al Jazeera report] in January. Last week the acting head of the EU delegation in Mali, Bertrand Soret, met with Sanogo and urged a quick return to constitutional order [JURIST report]. Also last week, the UN High Commissioner for Refugees (UNHCR) expressed concern over political and social instability [JURIST report] in Mali, and how ongoing fighting between government forces and Tuareg rebels will affect Malians forced to flee their homes in search of safety. Last month the UNHCR reported that more than 80,000 people had fled Mali to escape the fighting.




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Russia gay rights activists arrested for violating new law
Jamie Davis on April 7, 2012 10:07 AM ET

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[JURIST] Two Russian gay rights activists were arrested in St. Petersburg on Thursday for violating a new law banning promotion of homosexuality to minors that became effective last month [JURIST report]. The two activists were arrested for picketing against the law. The St. Petersburg police on Saturday also detained two gay rights activists [RIA Novosti report] for protesting the law by marching through the town with tape across their mouths. The law bans the promotion of homosexuality, including gay pride parades and any activity in public which could influence children and that could be viewed as promoting a lesbian, gay, bisexual or transgender (LGBT) lifestyle. The law has been surrounded by controversy both before and after its passage and has been challenged in Russian courts by gay activists who argue that the law bans the slightest reference to homosexuality. The bill, which was introduced in November 2011 [JURIST report], is supported by those who claim it is necessary because homosexual propaganda "threatens" Russia and that "sexual deviation" negatively impacts Russian children.

Russia has long struggled with the acceptance of homosexuality. In 2008, several Russian gay rights activists were arrested [JURIST report] by police in Moscow for holding events commemorating the 1993 law that put an end to government prosecution for homosexual activity in Russia. It was the third consecutive year Moscow Pride held events around the city to elude officials attempting to enforce a local ban on gay pride parades [JURIST report] that was put in place due to fears of violence. According to legal scholars, the Russian Constitution [text] may allow limitations to be placed on the rights of homosexuals due to the constitutional ability to balance the interests of society and limit rights of a social group if they infringe upon the rights of another social group.




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