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Legal news from Monday, September 24, 2012




Egypt court upholds death sentences for 14 Islamists
Brandon Gatto on September 24, 2012 3:55 PM ET

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[JURIST] An Egyptian criminal court on Monday upheld death sentences for 14 Islamists convicted of murdering several people in Sinai Peninsula attacks last year. In particular, the Ismailia court ordered the convicts, all members of the monotheist and militant group Tawheed wal Jihad [advocacy website], to be hanged [Reuters report] for killing [JURIST report] three police officers, one army officer, and one civilian during June and July attacks on a police station and a bank in Arish, Egypt. Eight of the group's members were tried in absentia, while four additional members were sentenced to life imprisonment. Tawheed wal Jihad is a Salafist [PBS backgrounder] organization and is one of several banned groups that the Egyptian government is targeting in a security crackdown. The group was also accused of bombing tourist resorts in South Sinai in 2004 and 2005, attacks that left 34 people dead.

Salafists, who adhere to an ideology that seeks to restore Islam to its original meanings and teachings, have played a significant role in recent conflicts in the Middle East. Earlier in August there was speculation [BBC report] that Salafist cleric Mohammed Yursi Ibrahim would be appointed to the cabinet of Egyptian President Mohammed Morsi [BBC profile; JURIST news archive], possibly increasing tensions between Muslims and Coptic Christians in Egypt. In June an Israeli missile strike killed two Salafist militants in the Gaza Strip [BBC report].




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Israel ex-PM given suspended sentence, fine for breaching public trust
Brandon Gatto on September 24, 2012 3:03 PM ET

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[JURIST] The Jerusalem District Court [Times of Israel news archive] on Monday sentenced former Israeli prime minister Ehud Olmert [official profile; JURIST news archive] to a one-year suspended sentence and a fine of about USD $19,000 on a charge of breaching public trust. The conviction stems from Olmert's role in a corruption case that forced him to resign from office in 2008 despite being eventually cleared of the corruption charge. In July the court found that Olmert had been illegally granting favors [JURIST report] to a long-time friend and business partner while serving as minister of industry, trade and labor between 2002 and 2007. Olmert's light sentence [BBC report] allows him to run for parliament, though he will remain barred from serving in the cabinet throughout his upcoming corruption trial. Former Jerusalem District Attorney Eli Abarbanel has reportedly not ruled out an appeal [INN report] of the decision.

In July Olmert was acquitted of the key charges [Reuters report] that, as a cabinet minister and Jerusalem's mayor before becoming prime minister, he received USD $150,000 in bribes from US businessman Moshe Talansky, and that he defrauded Israeli charities by double-billing them for overseas fundraising trips, a charge popularly referred to as the Rishon Tours double-billing affair. The former prime minister has maintained his innocence throughout a series of scandals, including a plea of not guilty to three corruption charges in December 2009 that encompass the Talansky scandal and the Rishon Tours affair [JURIST reports]. Before he resigned, Israeli police raided Olmert's offices as part of the corruption investigation [JURIST reports] launched by the Israeli Ministry of Justice. Despite acquittals, Olmert still faces bribery charges [JURIST report] related to the construction of a luxury apartment complex during his 10-year tenure as mayor of Jerusalem. Olmert was indicted on the bribery charges in the case in January of this year after having been officially named as a suspect [JURIST report] in the investigation in April 2010.




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Vietnam court jails bloggers for anti-state propaganda
Michael Haggerson on September 24, 2012 1:33 PM ET

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[JURIST] A court in Vietnam ordered three bloggers jailed for anti-state propaganda on Monday. Bloggers Nguyen Van Hai, alias Dieu Cay, Phan Thanh Hai, alias Anhbasg, and Ta Phong Tan [blogs, in Vietnamese] were charged [JURIST report] in April in the People's Court of Ho Chi Minh City [official website, in Vietnamese] on charges of spreading propaganda to defame the Vietnamese government, in violation of Article 88 of the Criminal Code [text, PDF]. The three bloggers belonged to the Club for Free Journalists, established in 2007, which promoted journalism that was separate from the state-run media. Blogger Nguyen Van Hai was sentenced [AFP report] to 12 years in prison, and Ta Phong Tan was sentenced to 10 years. Phan Thanh Hai pleaded guilty and was sentenced to four years. The US Embassy in Hanoi stated that they were concerned with the verdict and called on Vietnam to release the bloggers.

Human Rights Watch (HRW) and Amnesty International (AI) [advocacy websites] have called for the writers' release [HRW report], calling the charges "politically-motivated" [AI report]. According to the HRW 2012 Annual Report released in January [JURIST report], the Middle Eastern "Arab Spring" revolutions and protests may have inspired Vietnamese citizens to combat oppression in their country, especially restrictions on freedom of speech. However, the Vietnamese government has reacted strongly against pro-democracy bloggers. In November a Vietnamese appeals court reduced the sentence [JURIST report] of pro-democracy blogger and professor Pham Minh Hoang [blog, in Vietnamese], who had been sentenced [JURIST report] to three years in prison after writing anti-government articles on his blog under his pen name. In August 2011 a Vietnamese appeals court upheld the seven-year sentence of prominent rights lawyer and dissident Cu Huy Ha Vu, convicted in April [JURIST reports] of carrying out anti-state propaganda. In January 2010 a Vietnamese court sentenced [JURIST report] writer and democracy activist Pham Thanh Nghien to four years in prison on charges of spreading anti-state propaganda. The same month, a Vietnamese court convicted four democracy activists [JURIST report] of subversion.




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UN: Morocco must work to eradicate torture
Michael Haggerson on September 24, 2012 12:48 PM ET

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[JURIST] UN Special Rapporteur on torture [official website] Juan Mendez said Saturday after a visit to Morocco that the human rights situation in the country is improving but that more effort is needed to eradicate torture [press release]. Mendez stated that the situation pertaining to torture had improved greatly over the past decade, when secret detentions and disappearances were commonplace, but that he still received reports of improper interrogations of detainees. Mendez noted that reports of torture were generally connected to large demonstrations and excessive forced used by police forces. Mendez also noted that incidents of sexual assault and attacks against migrants are on the rise in the country.

Morocco has had a controversial human rights record during its government's transition away from a highly centralized monarchy. Last week Human Rights Watch [advocacy website] urged Morocco to release five prisoners [JURIST report] who were allegedly convicted based on false confessions obtained through torture. In 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]. Commentators state that Morocco has continued to move forward in improving human rights but that it still has a duty to ratify [JURIST op-ed] the Rome Statute [text], the founding treaty of the International Criminal Court [official website].




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Federal judge rejects challenge to Colorado ballot identification process
Dan Taglioli on September 24, 2012 12:33 PM ET

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[JURIST] A judge for the US District Court for the District of Colorado [official website] on Friday dismissed a lawsuit [complaint, PDF] filed by an elections transparency group aiming to prevent Colorado counties from using election ballots that have identifying numbers or bar codes printed on them. The Citizen Center [advocacy website] filed the lawsuit in February seeking an injunction and declaratory judgment requiring Colorado Secretary of State Scott Gessler [official website] and the counties of Boulder, Jefferson, Larimer, Mesa, Eagle and Chaffee to refrain from using such ballots because they allegedly can be traced back to individual voters. The election activists claim that US law prevents governments, not just fellow citizens, from being able to trace a voter's ballot. Judge Christine Arguello first denied Citizen Center's request for a temporary restraining order [motion, PDF] to prevent three counties from printing ballots with barcodes or identifying numerals, then she dismissed the entire complaint because the plaintiffs had not shown that they had suffered or would suffer [Denver Post report] any specific injury that could be remedied by a federal court. Arguello went on to state that the US Constitution [Cornell LII materials] does not guarantee a right to a secret vote and that merely demonstrating that a ballot could be traced back to an individual voter does not demonstrate that the individual's voting rights were violated.

Voting rights are a controversial issue this year with the recent spate of voter identification laws from state legislatures. There are now 32 US states [NCSL backgrounder] that require voters to present some form of ID at the polls, and the issue remains controversial. Last week the Pennsylvania Supreme Court remanded to a lower court a challenge to Pennsylvania's new voter identification law [JURIST report]. Last month a three-judge panel in the US District Court for the District of Columbia unanimously rejected a Texas law [JURIST report] requiring voters to present photo ID to election officials before casting their ballots. In May the ACLU of Minnesota filed a petition [JURIST report] sought to eliminate a proposed ballot initiative that would amend the Minnesota Constitution to require citizens to present photo identification in order to vote.




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UN refugee agency issues new guidelines on detention of asylum-seekers
Dan Taglioli on September 24, 2012 11:11 AM ET

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[JURIST] The Office of the UN High Commissioner for Refugees (UNHCR) [official website] on Friday issued new international guidelines [materials, PDF; press release] regarding the detention of asylum-seekers. The new guidelines were presented amid statements of concern over the growing use of detention in a number of countries as global asylum claims have risen [UN News Centre report] over the last few years, with 441,300 claims recorded in 2011 where the previous year saw only 368,000. The UNHCR issued the new guidelines as part of an effort to promote alternatives to detention such as surrender of documentation, periodic reporting to authorities, directed residence or residence at free-movement asylum centers, bail or bond requirements, and community supervision arrangements. As the UNHCR opposes all forms of detention of non-criminal immigrant refugees and other migrant non-refugees who seek international protection, the new guidelines begin by making clear that seeking asylum is not a criminal act and those who seek it should not be detained:
Every person has the right to seek and enjoy in other countries asylum from persecution, serious human rights violations and other serious harm. Seeking asylum is not, therefore, an unlawful act. Furthermore, the 1951 Convention [relating to the Status of Refugees] provides that asylum-seekers shall not be penalised for their illegal entry or stay, provided they present themselves to the authorities without delay and show good cause for their illegal entry or presence.
The guidelines go on to state that any detention is an exceptional measure that must be in accordance with national law, that such detention laws must be crafted so as to prescribe foreseeable and predictable consequences, that unlawful and arbitrary detentions are guarded against by international law, that detention must be neither discriminatory nor indefinite, and that detention conditions must be human and dignified.

Laws and policies governing the treatment of migrants continue to raise international human rights concerns. Last month the UNHCR and the UN Office of the High Commissioner on Human Rights [official website] together expressed concern over a recently passed law in Australia [JURIST report] that will reopen offshore detention centers used to process migrants and asylum-seekers who arrive in the country by sea. In July Human Rights Watch [advocacy website] reported that migrants residing in Greece face a rising culture of discrimination and violence [JURIST report]. In June Amnesty International [advocacy website] stated that the Cyprus government's practice of detaining all illegal migrants seeking asylum in the island nation violates international law [JURIST report].




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Philadelphia resident sought in Germany Nazi probe: report
Sarah Paulsworth on September 24, 2012 10:30 AM ET

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[JURIST] Germany is seeking the extradition of an 87-year-old Philadelphia man who is accused of committing war crimes as an SS Guard at Auschwitz concentration camp, the Associated Press (AP) reported [AP report] Sunday. Retired Toolmaker Johann Breyer told the AP that he was a guard at the camp but was not involved in the killing of Jewish and other inmates. In August German prosecutors announced that they were contemplating charges [JURIST report] against Breyer. They alleged Breyer was involved in the killing of 344,000 Jews at Auschwitz in occupied Poland from April 1944 until some time before it was liberated by the Soviet army in January 1945. The US Department of Justice previously tried to deport Breyer, claiming he lied about his work with the Nazis during WWII, but these efforts were halted in 2003 when it was revealed he joined the SS as a minor.

Information about Breyer's case apparently came to light during the investigation of convicted Nazi prison guard John Demjanjuk [JURIST news archive], who was charged with accessory murder under the same legal theory that would be employed in Breyer's. Retired Ohio autoworker Demjanjuk was convicted in German Court [JURIST report] in May 2011 as an accessory to over 28,000 murders and sentenced to five years in prison but was released to a nursing home due to his age and deteriorating health. 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 [JURST reports] by a US immigration judge. Demjanjuk died [JURIST report] in the nursing home in March awaiting an appeal of his conviction.




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Daughter of Iran ex-president taken into custody to serve 6-month sentence
Sarah Paulsworth on September 24, 2012 9:23 AM ET

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[JURIST] Faezah Hashemi [The Iranian profile], the daughter of former Iranian President Akbar Hashemi Rafsanjani, was arrested on Saturday and taken to Evin Prison to serve a six-month prison sentence. Faezah Hashemi, an outspoken critic of Iran's incumbent government, was arrested [RFE/RL report] upon returning from a trip to London. She was sentenced [JURIST report] in January to a six-month prison term after she was convicted of spreading propaganda [Guardian report] against the country's regime. This conviction is believed to have been prompted by an interview [text] she gave to the opposition website Roozonline, in which she criticized supporters of the Iranian regime. During the disputed 2009 elections, Faezah Hashemi supported the candidate opposing current Iranian President Mahmoud Ahmadinejad [BBC profile] and participated in protests contesting the election results.

In August UN Secretary-General Ban Ki-moon [official profile] expressed concern [press release] about Iran's human rights conditions and nuclear program during a visit to Tehran. Faezah Hashemi is one of several opposition figures that have been detained and charged in connection with the wave of civil unrest following the disputed re-election of Ahmadinejad. In December Iran's Islamic Revolutionary Court sentenced opposition figure [JURIST report] and former Iranian foreign minister Ebrahim Yazdi to eight years in prison for attempting to act against national security. Yazdi was also banned from civic activities for five years in the closed-door trial reportedly held in early November. In August Tehran prosecutor Abbas Jafari-Dolatabadi said that approximately 100 people imprisoned for their participation in the massive 2009 presidential election protests have been pardoned and released [JURIST report] by Iran's supreme leader Ayatollah Ali Khamenei [official profile]. In March 2011 Iranian opposition leaders Mir-Hossein Mousavi [BBC profile; JURIST news archive] and Mehdi Karroubi [NYT profile; JURIST news archive] and their wives were arrested and jailed [JURIST report].




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