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Legal news from Monday, April 23, 2012




Obama order allows sanctions for using technology to violate human rights
Jamie Davis on April 23, 2012 2:09 PM ET

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[JURIST] US President Barack Obama [official website] on Monday issued an executive order [text] that will allow the US to impose sanctions on foreign nationals who have used technology to participate in violation of human rights. Obama signed the order after he indicated that Iran and Syria's governments have committed various abuses against human rights with the help of technology, including computer monitoring and network disruption. Under the order, any person found to have used technology to carry out a human rights abuse is not permitted to enter the US. While the order is aimed at agencies aiding the Syrian and Iranian governments in controlling its citizens through monitoring and surveillance, the administration has indicated that future executive orders [WP report] targeting other countries are possible.

Syria and Iran have both been facing global criticism for their human rights records. Earlier this month, UN Secretary-General Ban Ki-moon condemned [JURIST report] recent attacks by troops loyal to the Syrian government against innocent civilians. In March, Human Rights Watch (HRW) published an open letter to leaders of a movement opposing Syrian President Bashar al-Assad, alleging that members of the opposition movement have tortured [JURIST report], kidnapped and executed supporters of the Assad government. Also in March, a UN human rights expert criticized the Iranian government for human rights violations. In February, Obama signed [JURIST report] an executive order [text] imposing strict sanctions on Iran as part of an effort to enforce a bill he signed into law in December 2011.




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Nepal urged not to impose blanket amnesty for crimes committed during civil war
Jamie Reese on April 23, 2012 1:47 PM ET

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[JURIST] Human Rights Watch (HRW) and the International Commission of Jurists (ICJ) [advocacy websites] on Monday urged Nepal to reject blanket amnesty [press release] plans for international crimes committed during the country's civil war, which ended in 2006. A representative for ICJ said amnesty for human rights abuses, such as torture, rape and forced disappearances, violate international law and Nepal's own jurisprudence. The Nepal Parliament [official website] is setting up a Truth and Reconciliation Commission to investigate war crimes and is currently debating a proposal to grant amnesty [AFP report] to government officials and rebel forces. Some lawmakers believe that granting amnesty power to the commission may facilitate the finding of truth in exchange for the possibility of not facing charges. HRW director disagrees and believes that victims are entitled to both knowledge of what happened and an effective remedy for the crimes committed against them and their family. HRW and ICJ jointly called on the government to explicitly exclude the possibilities of amnesty for international crimes, possible human rights abuses and violations of international law. They also urged the commission to keep the process open to the public and scrutiny to ensure it represents the interests of the victims.

Last week, UN Deputy High Commissioner for Human Rights Kyung-wha Kang [official profile] spoke [JURIST report] to the Constituent Assembly of Nepal (CA) [official website] about several human rights issues in the country, including a reluctance to prosecute war crimes and insufficient progress increasing women's rights [texts, PDF]. The Office of the High Commissioner for Human Rights (OHCHR) and HRW [JURIST reports] have both previously appealed to the government of Nepal [BBC backgrounder] to investigate human rights violations allegedly committed during the civil war. The decade-long Maoist guerrilla insurgency that left more than 13,000 people dead ended [JURIST report] in late 2006 when the Napalese government signed a peace agreement that established the CA. In November, the CA announced it will finish drafting a new constitution [JURIST report] within 18 months. Last May, the CA voted to abolish the monarchy [JURIST report], giving King Gyanendera 15 days to abandon his royal palace, which cleared the way for Maoists to serve in government. As part of the peace accord, the CA was elected [JURIST report] in April 2008, an organization dominated by members of the Communist Party of Nepal- Maoists (CPN-M) [party website].




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Iceland ex-PM convicted of single charge over role in banking collapse
Jamie Davis on April 23, 2012 1:33 PM ET

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[JURIST] A special court in Iceland on Monday convicted former prime minister Geir Haarde [official profile, in Icelandic] on one out of the four criminal charges he faced concerning the collapse [JURIST news archive] of the country's banking system in 2008, announcing that he would not face any punishment. The charges stemmed from the collapse of the country's three major banks in 2008 while Haarde was leader of the country's ruling Independence Party. Haarde was convicted [AP report] of failing to take the steps to be sure a comprehensive analysis of the risk the state faced after the collapse of the banking system was completed. Haarde dismissed his conviction as a formality and talked about possibly appealing his conviction to the European Court of Human Rights (ECHR) [official website]. The court found Haarde not guilty of the other three charges relating to his alleged negligence relating to the financial crisis. The court also determined that the state would pay the cost for Haarde's defense lawyers. The special court, known as the Landsdomur, was established in 1905 to prosecute Cabinet officials.

Haarde's trial resumed in March after originally opening in September [JURIST reports] with Haarde's lawyers moving to dismiss all of the charges against him, a request which was denied. Haarde pleaded not guilty [JURIST report] in June, vowing to fight the charges and claiming they were the result of politics. In September 2010, the Icelandic Parliament referred charges to the Landsdomur after the Special Investigation Committee (SIC) released a "Truth Report" claiming that seven Icelandic government officials acted with gross negligence in their management of the country's financial system prior to a 2008 bank collapse. The SIC determined that Haarde and former central bank head David Oddsson knew that banks were assuming overseas debt but took no action to prevent or mitigate the effects of the accumulation.




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Bahrain court delays appeal of imprisoned human rights activist
Jamie Reese on April 23, 2012 12:52 PM ET

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[JURIST] The Bahrain Court of Cassation on Monday delayed an appeal hearing for human rights defender Abdulhadi Al-Khawaja [BBC profile; JURIST news archive], who is serving a life sentence for terrorism-related charges. The court was to issue a decision Monday but set the appeal hearing for April 30 [AP report]. Al-Khawaja is among 21 individuals tried before the Bahrain military National Safety Court in June 2011 and found guilty [JURIST report] of terrorism-related charges, including several tried in absentia. Al-Khawaja has been on a hunger strike for the past 11 weeks and will now have to wait another week before his hearing. Bahrain officials insist Al-Khawaja is in good health, but his family says his health is deteriorating. Rights groups and many western governments have called for al-Khajawa's release.

Four independent human rights experts called for the immediate release [JURIST report] of Al-Khawaja last week. Earlier this month, Amnesty International reported that human rights violations continue [JURIST report] in Bahrain despite reported reforms. Al-Khawaja's lawyers and members of the Bahrain opposition appealed his conviction and UN experts' called for his release after international concern arose over his health due to repeated hunger strikes, which at that point had passed 50 days [JURIST reports]. Last May, Special Rapporteur on torture Juan Mendez [official profile] condemned the Bahraini government for failing to adhere to the Standard Minimum Rules for the Treatment of Prisoners [text] regarding Al-Khawaja physical and mental integrity. He was allegedly physically mistreated and perhaps tortured [JURIST report] while in custody, displaying visible physical signs of abuse at trial.




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UN Security Council calls for constitutional order in Guinea-Bissau
Andrea Bottorff on April 23, 2012 12:05 PM ET

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[JURIST] The UN Security Council [official website] on Saturday urged immediate restoration of constitutional order [press release] in Guinea-Bissau [BBC backgrounder]. The presidential statement condemned the April 12 coup, during which the military took over the government, detained officials, including interim president Raimundo Pereira and former prime minister Carlos Gomes, and disrupted democratic presidential elections. The coup occurred two weeks prior to the second round of the presidential election between Gomes and former president Kumba Yala. The Security Council called for an end to violence in the country, release of Pereira, Gomes and others arbitrarily detained, and protection of human rights. The Security Council also threatened to take further action, such as imposing targeted economic sanctions, unless Guinea-Bissau takes corrective action immediately. Secretary-General Ban Ki-moon [official website] will report on the situation in the country by the end of the month. Ban criticized the military shortly after the coup, urging restraint among parties involved and emphasizing the need for constitutional order [JURIST report] to be restored, leaders to be released and the election to be completed.

Guinea-Bissau has experienced instability, resulting in several coups, since gaining independence from Portugal in 1974. UN High Commissioner for Human Rights Navi Pillay [official website] hoped to prevent another coup when she urged [JURIST report] the people of Guinea-Bissau in March to refrain from any violence during the upcoming election. The same month, Ban asked the government, military and civilians to maintain order [text] during the elections. In 2010, the EU discontinued [JURIST report] its EU SSR Guinea-Bissau Mission [official website] that provided assistance to the country's security forces in developing a legal framework, citing the breakdown of law and order in the country. A few months earlier, Ban called on leaders in Guinea-Bissau to respect the rule of law [JURIST report] and maintain constitutional order in the wake of another confrontation between the military and government.




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UN Security Council approves mission to supervise Syria peace plan
Andrea Bottorff on April 23, 2012 9:45 AM ET

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[JURIST] The UN Security Council [official website] unanimously approved a resolution [press release] Saturday to send 300 unarmed soldiers and other civilian aid to Syria for 90 days to supervise the implementation of a peace plan. The UN Supervision Mission in Syria (UNSMIS) will track whether Syrian officials follow the UN Joint Special Envoy's six steps for ending the conflict, which the Security Council unanimously approved [JURIST report] earlier this month. Under the peace plan, Syrian officials will end military fighting, maintain communications with and free movement of UN mission officers in the country, allow access for humanitarian aid, release individuals detained without reason, provide protection to journalists and uphold the right to peaceful demonstration. The Security Council also asked Secretary-General Ban Ki-moon [official website] to report every 15 days on Syria's performance. Based on these updates, the Security Council may decide in the future to take additional steps toward monitoring and enforcing the cease-fire. Ban, who suggested the UNSMIS creation [statement text] last week, praised the resolution [UN News Centre report] as a move toward ending the violence and promoting democracy.

The international community has continued to call for end to the violence in Syria. Earlier this month, Human Rights Watch (HRW) [advocacy website] released a report claiming the Syrian government has executed more than 100 civilians [JURIST report] and opposition fighters during recent attacks. Also this month, Ban reaffirmed his call for an end to the violence and condemned attacks [JURIST report] by pro-government troops against civilians. Last month, the UN Human Rights Council [official website] passed a non-binding resolution [JURIST report] condemning Syrian authorities for ongoing bloodshed and violations of human rights. This official condemnation from the rights body came after UN High Commissioner for Human Rights Navi Pillay [official profile] demanded a cease-fire [JURIST report] in late February.




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