JURIST Supported by the University of Pittsburgh
PAPER CHASE ARCHIVEDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.
Listen to Paper Chase!


Legal news from Monday, October 8, 2012




Burkina Faso, Niger ask ICJ for peaceful settlement of border dispute
Brandon Gatto on October 8, 2012 3:43 PM ET

Photo source or description
[JURIST] African neighbors Burkina Faso and Niger asked [record, in French, PDF] the UN International Court of Justice (ICJ) [official website] at a public sitting on Monday for a peaceful settlement of the longstanding and ongoing border dispute between the two former French colonies. In what is known as the "frontier dispute," the ICJ will be asked to determine the course of the boundary [AP report] between the two countries from the astronomic marker of Tong-Tong to the beginning of the Botou bend, two areas that seemingly overlap across the border. Burkina Faso argues that the area between the landlocked West African nations was established in 1927 but never formally marked, thus leading to ongoing doubts about the exact border. Pursuant to their Special Agreement, both countries agree to accept the court's judgment and abide by its terms. Public hearings on the frontier dispute will continue throughout this week and next week, as determined by the ICJ last March [press release, PDF]. Burkina Faso and Niger jointly submitted their claim [press release, PDF] to the court in July 2010.

In addition to the African frontier dispute, the ICJ was also considered to handle a territorial dispute in Asia between South Korea and Japan. In August South Korea rejected a proposal [JURIST report] by Japan to have the ICJ resolve a continuing argument regarding a group of islands to which each nation claims possession. The islands, known as Takeshima in Japan and Dokdo in South Korea, are believed to contain valuable natural gas deposits. Only a few days before the rejection, Japanese Foreign Minister Koichiro Gemba [official website, in Japanese] urged South Korea [JURIST report] to allow the ICJ to resolve the dispute. The hostility between the two countries over the islands escalated when South Korean President Lee Myung Bak [official website, in Korean] made a surprise visit to the islands [Al Jazeera report]. In March 2005 Japanese Prime Minister Koizumi Junichiro [official profile] mentioned that the ICJ could be a good forum for resolving the dispute over the islands. Earlier in March 2005, a Japanese prefecture approved a symbolic resolution [JURIST report] calling for the creation of "Takeshima Day" to celebrate Japan's alleged sovereignty over the islands.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Kazakhstan court sentences opposition leader to prison
Brandon Gatto on October 8, 2012 2:55 PM ET

Photo source or description
[JURIST] A court in Kazakhstan on Monday sentenced an outspoken political activist to seven-and-a-half years in jail for allegedly colluding with a fugitive billionaire to overthrow the government. Specifically, Judge Berdybek Myrzabekov found Vladimir Kozlov [official profile, in Russian], head of the unofficial Alga! party [official website, in Russian], guilty of inciting dissent [Reuters report] among striking oil workers in what became a series of violent clashes [RFE/RL report, In Kazakh] between police and workers that left 15 people dead last December. The judge declared that Kozlov had turned a labor dispute into a politicized strike on orders from billionaire Mukhtar Ablyazov, a rival of Kazakhstan President Nursultan Nazarbayev [official website, in Russian]. Koslov, however, has consistently denied the charges and proclaimed that his case was an attempt by the President to quell civil protests within the country.

Kazakhstan has recently drawn criticism from the international community for its human rights record. Last month Human Rights Watch (HRW) [advocacy website] claimed that oil workers in the country face mistreatment [JURIST report] and repression at the hands of the government and oil companies. In August HRW urged Kazakhstan to ensure that the trials of Koslov, another political activist, and an oil worker comport with international legal standards [JURIST report] for fair trials. In July UN High Commissioner for Human Rights Navi Pillay [official profile] called for an independent probe [JURIST report] into the December unrest between oil workers and an oil company. In June HRW demanded [JURIST report] that the National Security Committee of Kazakhstan publicly disclose the reason for bringing new charges against a group of labor activists and an oil worker who participated in the December unrest. The committee charged them with "calling for the forcible overthrow of the constitutional order." Earlier that month a court in Kazakhstan sentenced [JURIST report] 13 out of 37 defendants to between three and seven years of imprisonment for their participation in unrest that occurred last December. Sixteen of the remaining defendants faced conditional sentences [BBC report] while five defendants were given amnesty and three were acquitted.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Maldives ex-president arrested for violating court-imposed travel ban
Dan Taglioli on October 8, 2012 11:25 AM ET

Photo source or description
[JURIST] Former Maldives president Mohamed Nasheed [JURIST news archive] was arrested and Monday for leaving the capital city of Male in contravention of a court summons and a court-imposed travel ban. Nasheed has twice failed to appear in court [AP report] to face abuse of power charges. Last Monday a three-judge panel was forced to postpone the first day of Nashed's trial after he violated his travel ban [JURIST report], leaving Male in a boat that day in order to campaign in the Maldives' southern islands. A week earlier the Hulhumale Magistrate Court had issued an order prohibiting Nasheed from leaving the city [JURIST report] without official permission. Nasheed's supporters have claimed that the move was politically motivated to limit the ex-president's ability to campaign for the election scheduled for November 2013. He was arrested by armed police in riot gear on Fares-Mathoda island in the Gaaf Dhaal atoll, almost 275 miles from the capital, and authorities have stated that he will appear in court within a day. The charges against Nasheed stem from the questioned legality of his unilateral order to arrest [JURIST report] Chief Justice Abdulla Mohamed on corruption charges in January, when Nasheed was still president.

The arrest of the chief justice and the resulting unrest in Maldives sparked weeks of tension and dissension, drawing international attention. In August a Maldives commission of inquiry concluded that Nasheed's resignation [JURIST reports] in February was legal and voluntary. In July the Committee to Protect Journalists (CPJ) claimed that press freedom [JURIST report] in the country has been deteriorating since the resignation. Also in July a Maldives court refused to hear the case [JURIST report] against Nasheed, holding that it did not have jurisdiction to rule in the case. In April the Maldives Police Service referred the case to the Prosecutor General's Office two months after an arrest warrant [JURIST reports] was issued. A group of Maldives lawyers in January asked [JURIST report] the International Criminal Court (ICC) [official website; JURIST backgrounder] to review the legality of the arrest of Chief Justice Abdulla Mohamed. Also that month the Maldives Minister of Foreign Affairs had asked [JURIST report] the UN to help them to resolve the unrest arising out of the arrest of the chief justice.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


AI: Rwanda military intelligence unlawfully detaining, torturing civilians
Dan Taglioli on October 8, 2012 10:29 AM ET

Photo source or description
[JURIST] Rwandan citizens are being subject to unlawful detention, enforced disappearances and torture at the hands of the country's military intelligence department, Amnesty International (AI) [advocacy website] reported [text, PDF; press release] Monday. "Rwanda: Shrouded in Secrecy: Illegal Detention and Torture by Military Intelligence" documents 45 cases of unlawful detention and 18 allegations of torture or ill-treatment over two years at Camp Kami military camp and in safe houses in the capital city of Kigali. Included are detailed accounts of serious beatings, electric shocks and sensory deprivation to force confessions during interrogations. The report does note the government's progress over the last decade in improving prison conditions under the authority of the Rwanda Correctional Service but points out that such progress is undermined by the parallel detention system run by the military and points to the military intelligence department known as J2 for most of the forced disappearances and maltreatment of detainees. Some detainees reported being tortured and coerced to confess to charges of threatening national security and claimed that judges have asked them to prove torture in court instead of complying with international law and ordering that such allegations be investigated. AI called on the Rwandan government to ensure that civilians are only detained in official prison facilities and that all detainees, including those held by the military, receive medical care and access to counsel while in detention. The report further urges the government to amend certain provisions of its internal criminal code and to ratify and adopt various international treaties and protocols on human rights abuses and calls on foreign governments to suspend any financial support to institutions or security forces involved in human rights violations.

In August the International Criminal Court [official website] received requests to investigate [JURIST report] Rwandan President Paul Kagame [official profile] for backing armed rebels in the Democratic Republic of the Congo (DRC) [BBC backgrounder]. Rwandan and Congolese advocacy groups opposed to Kagame's rule have alleged that the Rwandan leader is guilty of war crimes for helping to create and arm rebel groups in eastern DRC including M23, which has been conducting a mutiny in North Kivu Province under the leadership of a particularly notorious group of human rights violators. The calls for an ICC investigation follow the release of a UN report detailing investigations since late 2011 that revealed substantial evidence [JURIST report] that the Rwandan government helped create the rebel groups and supplied them with weapons, armor and recruits, including children. In June UN High Commissioner for Human Rights Navi Pillay [official profile] estimated that the armed conflict between the DRC government and the M23 movement has displaced around 218,000 people [JURIST report] from their homes since April, specifically mentioning five M23 leaders and describing them as the "worst perpetrators of human rights violations in the DRC, or in the world for that matter."




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Charles Taylor defense investigator arrested on contempt charges
Sarah Paulsworth on October 8, 2012 9:07 AM ET

Photo source or description
[JURIST] A investigator for the Charles Taylor [BBC profile; JURIST news archive] defense team in the Special Court for Sierra Leone (SCSL) [official website] was arrested [press release, PDF] Saturday on charges of contempt. Prince Taylor is accused of interfering with four prosecution witnesses who testified in the Charles Taylor trial and interfering with a fifth person who was about to give evidence in contempt proceedings. He was taken into custody in Bo, Sierra Leone, by Sierra Leone law enforcement officers, on the basis of a warrant issued by the SCSL. Prince Taylor's indictment indicates he is facing nine counts of contempt: four alleging he offered to bribe a witness to recent testimony, four he otherwise interfered with a witness to recant testimony and single count that he interfered with a witness about to give evidence in proceedings before a chamber by "instructing and otherwise persuading Eric Senessie to give false information to the Independent Counsel appointed by the Registrar on the order of Trial Chamber II."

At the end of September the SCSL found three members of Sierra Leone's former Armed Forces Revolutionary Council (AFRC) guilty of contempt [JURIST report]. With the recent conviction [JURIST report] of Charles Taylor, the SCSL has largely fulfilled its mission and will take steps to shut down. In November 2009, the SCSL handed over its detention facility [JURIST report] to the Sierra Leone Prison Service in a monumental step towards the court's resolution. The month before, eight men judged guilty of war crimes by the court were transferred [JURIST report] to Rwanda to serve out their terms. The SCSL was created in a joint endeavor by the government of Sierra Leone and the UN to provide a forum to try those responsible for serious violations of international humanitarian law and Sierra Leonean law, committed in Sierra Leone.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page

For more legal news check the Paper Chase Archive...


LATEST OP-ED

The War on Terror and the Need for Muslim Support
DOMESTIC
Faisal Kutty
Valparaiso University Law School

Get JURIST legal news delivered daily to your e-mail!

SYNDICATION

Add Paper Chase legal news to your RSS reader or personalized portal:
  • Add to Google
  • Add to My Yahoo!
  • Subscribe with Bloglines
  • Add to My AOL

E-MAIL

Subscribe to Paper Chase by e-mail. JURIST offers a free once-a-day digest [sample]. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.


R|mail e-mails individual Paper Chase posts through the day. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.

PUBLICATION

Join top US law schools, federal appeals courts, law firms and legal organizations by publishing Paper Chase legal news on your public website or intranet.

JURIST offers a news ticker and preformatted headline boxes updated in real time. Get the code.

Feedroll provides free Paper Chase news boxes with headlines or digests precisely tailored to your website's look and feel, with content updated every 15 minutes. Customize and get the code.

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org