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Legal news from Thursday, May 24, 2012 |
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Tunisia prosecutor seeks death penalty for ousted president
Dan Taglioli on May 24, 2012 1:54 PM ET

[JURIST] A Tunisian military prosecutor called Wednesday for the death penalty in the trial of former Tunisian president Zine al-Abidine Ben Ali [BBC profile; JURIST news archive]. Currently exiled to Saudi Arabia, Ben Ali is being tried in absentia in a military court for ordering the shooting deaths of dozens of civilian protesters [CNN report] during last year's Tunisian revolution. It is the first time the death penalty has been sought against the former dictator, who is being tried only for "complicity in voluntary homicide" [AFP report] rather than direct involvement, and has been already sentenced to more than 66 years in prison on other charges ranging from embezzlement to drug trafficking. The prosecutor is also seeking the maximum penalties short of death for Ben Ali's co-defendants, who include ex-government officials such as former interior minister Rafik Kacem and former director general of public security Lotfi Zwawi. Ultimately more than 200 protestors died over the course of the uprising that ousted Ben Ali from power. The ex-president has denied [JURIST report] the numerous charges against him.
Ben Ali left office and the country in January 2011, seeking exile in Saudi Arabia during the protests. Just under one year later the military tribunal convened and began trying Ali for his alleged orders to shoot protesters, for which the prosecutor has now sought the death penalty. Ben Ali and his wife were tried and convicted [JURIST reports] in absentia on numerous charges related to corruption, including theft and unlawful possession of money and jewelry, and were sentenced to 35 years in prison and fined US$65.6 million. Justice Minister Lazhar Karoui Chebbi [profile, in French] announced the issuance of an arrest warrant for Ben Ali in January 2011, but the country has not received a response to its requests to extradite [JURIST reports] the former leader from Saudi Arabia.


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EU court rejects MasterCard challenge over fees
Jaclyn Belczyk on May 24, 2012 1:18 PM ET

[JURIST] The European General Court [official website], the EU's second highest court on Thursday rejected [judgment] a challenge by MasterCard [corporate website] over its cross-border credit card fees. The court upheld a decision by the European Commission [official website] that the fees violate EU antitrust rules. The commission welcomed the ruling, but MasterCard expressed disappointment [press releases]:MasterCard balances the interests of both consumers and retailers, so that each party pays its fair share of the costs for the benefits it receives. Today's ruling, if it stands, would upset that sharing and tip the balance decidedly against consumers. It would also threaten the continued delivery of the most advanced electronic payment technologies in Europe which, in turn, are essential to facilitating business and driving economic growth. MasterCard plans to appeal the ruling.
In 2010 the US Department of Justice (DOJ) [official website] filed a civil antitrust lawsuit [JURIST report] against MasterCard, Visa and American Express [corporate websites]. The lawsuit challenged rules utilized by the companies that prevented merchants from providing discounts and rewards for using credit cards with lower merchant fees. The DOJ contended that these rules unfairly inflate costs for both consumers and merchants. Visa and MasterCard agreed to a settlement that required the companies to allow merchants using their cards to express a preference for types of payments accepted, to offer discounts to consumers for using a particular card or type of payment and to provide consumers with information regarding the costs incurred by the merchant when a particular type of credit card is used. In 2008 Visa and Mastercard settled an antitrust suit [JURIST report] with Discover Financial Services [corporate website] for $2.75 billion. The settlement was the result of a 2004 lawsuit filed by Discover after a DOJ suit [opinion] determined Visa and Mastercard were in violation of section 1 of the Sherman Antitrust Act by prohibiting banks from using Discover's services.


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UN panel: Syria government, opposition both violating human rights
Max Slater on May 24, 2012 12:05 PM ET

[JURIST] Both the Syrian government and anti-government groups are killing opponents, torturing children as young as 10 years old and committing other human rights abuses, a UN-appointed group of human rights experts reported [text, PDF] Thursday. The report, issued by the three-member Independent International Commission of Inquiry on Syria, declared that Syrian security forces are predominantly responsible for the violence:Despite the human rights imperative to employ lethal force only as a last resort to protect life, state security forces continued to use lethal force against anti-government demonstrations in Idlib, Homs, Aleppo, Hama, Damascus and Dar'a and in numerous villages throughout the country. The Commission recognizes that many such protests were accompanied by armed groups, who have described their role as providing protection for the demonstrators. The resulting clashes were deadly for demonstrators, members of these armed groups and security forces alike, yet too-often civilians bore the brunt of the violence. While the report primarily blamed Syrian authorities for the violence, it also criticized armed anti-government groups for unlawfully killing members of the Syrian military as well as suspected informers.
The international community has continued to call for end to the violence in Syria. In April, the UN Security Council [official website] approved a resolution [JURIST report] to send 300 unarmed soldiers and civilian aid to Syria to implement a peace plan. Earlier in April, Human Rights Watch [advocacy website] released a report claiming the Syrian government has executed more than 100 civilians [JURIST report] and opposition fighters during recent attacks. Also in April UN Secretary-General Ban Ki-Moon [official profile] reaffirmed his call for an end to the violence and condemned attacks [JURIST report] by pro-government troops against civilians. In March 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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ACLU sues DOJ over surveillance information
Jaclyn Belczyk on May 24, 2012 11:50 AM ET

[JURIST] The American Civil Liberties Union (ACLU) [advocacy website] filed a Freedom of Information Act (FOIA) [official website] lawsuit [complaint, PDF; press release] against the US Department of Justice (DOJ) [official websites] Wednesday seeking information on the use of electronic surveillance tools. At issue are tools called pen registers and trap and trace devices which allow law enforcement to monitor phone calls, emails and websites visited under the Pen Register Act [text]. The attorney general is required to report annually to Congress about its use of these surveillance tools, but the ACLU claims that these reports are incomplete because they don't include law enforcement agencies within the DOJ. The ACLU filed a FOIA request [text, PDF] in February but says it has not yet received a complete response. The lawsuit seeks the release of data and reports from 2010 and 2011 on the federal government's use of pen registers and trap and trace devices as well as any documents shedding light on failures to submit those data and reports to Congress.
The ACLU has long been critical of government surveillance programs. Earlier this week the US Supreme Court [official website] granted certiorari [JURIST report] Monday in Clapper v. Amnesty International USA [docket] to determine whether plaintiffs have standing to challenge a federal eavesdropping law. The ACLU, one of the respondents in the case, expressed hope [press release] that the Supreme Court would affirm the Second Circuit and allow the lawsuit to proceed. In September the ACLU released a report [text, PDF] claiming that the US is diminishing its "core values" with regard to various counterterrorism measures [JURIST report] put in place during the 10 years since the 9/11 attacks [JURIST news archive]. To support this contention, the report cited to US policies regarding indefinite military detention for terrorism suspects, the use of torture on terrorism suspects and enemy combatants, racial and religious profiling, and domestic surveillance and wiretapping.


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Tunisia to extradite Libya ex-PM for trial
Sarah Posner on May 24, 2012 10:26 AM ET

[JURIST] The Tunisian government announced Tuesday that the country would extradite former Libyan prime minister Al Baghdadi Ali al-Mahmoudi [JURIST news archive], after Libya guaranteed that al-Mahmoudi would have a fair trial. The conditions [Tripoli Post report] that Tunisia set for al-Mahmoudi's extradition to Libya is the guarantee that al-Mahmoudi have the right to a defense and that his human rights are respected. Al-Mahmoudi was the head of government under the regime of Muammar Gaddafi [BBC obituary; JURIST news archive], who was killed last October by opposition forces. Al-Mahmoudi has been in Tunisian custody since his arrest [AP report] in southern Tunisia last September while trying to get to Algeria. Al-Mahmoudi's lawyer along with various human rights groups, worry that the former prime minister will be executed [AFP report] if he is returned to Libya. Al-Mahmoudi began a hunger strike last Saturday after hearing that the Tunisian prime minister was in favor of his extradition. Libya currently has two extradition requests seeking the return of al-Mahmoudi to stand trial in Libya. Assuming that Libya meets the necessary guarantees, al-Mahmoudi's extradition will likely take place within the next few weeks.
In February, a Tunisian court dropped charges [JURIST report] against al-Mahmoudi for illegally entering the country, but the former figurehead remains in jail until a final decision on his extradition to Libya. The court dismissed the charges after determining that al-Mahmoudi had lawfully crossed into Tunisia from Libya. Al-Mahmoudi's lawyer has indicated that he is attempting to have him released from custody while awaiting the extradition process. In January, the Tunisian League for the Defense of Human Rights, Amnesty International and Human Rights Watch [advocacy websites], among other human rights groups, urged Tunisia not to extradite [JURIST report] al-Mahmoudi because he would be "at a real risk for torture" if returned to Libya. At the time, reports indicated that al-Mahmoudi feared for his safety and claimed to be the sole possessor of Libyan state secrets following Gaddafi's death in October [JURIST reports].


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Pakistan doctor sentenced for helping CIA find Bin Laden
Maureen Cosgrove on May 24, 2012 7:35 AM ET

[JURIST] A Pakistani doctor was sentenced to 33 years in prison Wednesday for helping the Central Intelligence Agency (CIA) [official website] locate Osama Bin Laden [JURIST news archive]. After a trial lasting two months during which Shakeel Afridi was not afforded the opportunity to defend himself, a tribal court convicted him of treason and spying [CNN report]. Afridi was part of a CIA attempt to gather DNA samples from residents of Bin Laden's Abbattobad compound in an effort to determine whether Bin Laden was present there. US Senators John McCain (R-AZ) and Carl Levin (D-MI) [official websites] released a statement [text] after the sentence was handed down condemning the sentence and urging the Pakistani government to release Afridi:It is shocking and outrageous that Dr. Shakil Afridi, the Pakistani doctor who assisted the United States in the search for Osama bin Laden, has been sentenced to 33 years in prison for the crime of treason. What Dr. Afridi did is the furthest thing from treason. It was a courageous, heroic, and patriotic act, which helped to locate the most wanted terrorist in the world - a mass murderer who had the blood of many innocent Pakistanis on his hands. Afridi will likely be able to appeal the ruling, and analysts have suggested that a reversal is likely.
Since controversy arose over the killing of Bin Laden [JURIST report] by US forces in Pakistan last May, Pakistan's alliance with the US has been questioned. In December the Supreme Court of Pakistan [official website] formed a judicial committee to investigate a secret memo sent from an unknown Pakistani source to US Admiral Mike Mullen in May asking for help in preventing a suspected army coup. Former Pakistan ambassador to the US Husain Haqqani and Pakistani President Asif Ali Zardari [BBC profile] have been accused of writing or having knowledge of the memo, and both have denied these allegations. The growing conflict between the US and Pakistan was analyzed by JURIST guest columnist Sikander Ahmed Shah in Drone Strikes in Pakistan: Examining Consent in International Law [JURIST op-ed]. Pakistan has also faced an ongoing struggle with corruption that the courts have attempted to battle.


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