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Legal news from Monday, November 5, 2012 |
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Hearing begins for US Army sergeant accused of killing 16 Afghan civilians
Brandon Gatto on November 5, 2012 3:33 PM ET

[JURIST] The military hearing for a US Army sergeant accused of murdering 16 Afghan civilians in March began on Monday and is expected to last the remainder of the week. Sgt. Robert Bales was originally charged with 17 counts of murder, including women and children, in a Kandahar village, but one charge was dropped [JURIST reports] in June. Bales also stands accused of six counts of attempted murder, seven counts of assault, and illicit use of alcohol and steroids. Some speculate that Bales, who served three tours in Iraq prior to his tour in Afghanistan, may use symptoms of post-traumatic stress disorder as a defense to the killings. The hearing to determine whether there is enough evidence for a trial is proceeding according to Article 32 of the Uniform Code of Military Justice [text].
Bales allegedly went on a shooting rampage [JURIST report] in a Kandahar village in March and immediately turned himself in at his base. He is not the first US soldier prosecuted in relation to deaths of civilians in Afghanistan. In February, the US Army dropped charges [JURIST report] against Army Specialist Michael Wagnon, the last of five soldiers to be charged in connection with the killing of three Afghan civilians. In November, US Sgt. Calvin Gibbs was convicted on 15 charges [JURIST report] of murder, assault, and conspiracy in the same case. Before Gibbs was convicted, in March of last year, Army Specialist Jeremy Morlock admitted to three counts of murder [JURIST report] as part of a plot with other soldiers to kill Afghan civilians.


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South Sudan urged to abolish death penalty
Brandon Gatto on November 5, 2012 2:42 PM ET

[JURIST] Amnesty International (AI) [advocacy website] and several other international human rights groups on Monday urged [press release] South Sudan to join the majority of UN members that have abolished the death penalty [JURIST news archive]. In particular, the groups recommended that the country abandon the punishment "in law or practice by placing a moratorium on all executions" in December, the first opportunity for South Sudan to vote on a UN General Assembly resolution to establishing such a moratorium. In a letter [letter, PDF] sent to South Sudan Minister of Foreign Affairs Nhial Deng Nhial [Sudan Tribune backgrounder], the rights groups expressed not only their concern that capital punishment "runs counter to the global move and commitment" to end such penalties, but also that the country's executions do not meet the minimum standards and safeguards provided by international law. While South Sudan has continued to use the death penalty, more than two-thirds of UN members states have abolished it in law or practice.
The issue of the death penalty continues to be heavily debated on both national and international levels. Last month the UN Office of the High Commissioner for Human Rights (OHCHR) [official website] urged Iran [JURIST report] to immediately stop all executions, including 11 planned for the following day. The UN has repeatedly called on Iran to abandon the death penalty, but instead the country has increased the number of people it is executing. In August a UN human rights expert condemned Iraq [JURIST report] for the executions of 21 people and an additional five only two days later. Also in August UN High Commissioner for Human Rights Navi Pillay [official profile] urged the Gambia [JURIST report] to enact a moratorium on the death penalty. In July Singapore announced [JURIST report] it planned to relax mandatory death sentences in certain cases [JURIST report]. Only a week earlier UN Secretary-General Ban Ki-Moon [official profile] called for an end to capital punishment [JURIST report]. In April, an initiative in California dealing with overhauling death penalty laws in the state [JURIST report] made it on to the ballot for a November vote.


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Pakistan army chief issues warning about undermining the military
Michael Haggerson on November 5, 2012 1:28 PM ET

[JURIST] Pakistani Chief of Army Staff General Ashfaq Parvez Kayani released a statement [press release] though the Pakistan Inter-Services Public Relations [official website] on Monday that any effort to undermine the military by creating a wedge between it and the Pakistani people would not be tolerated. The statement appears to be a response to the recent decision by the Supreme Court of Pakistan [official website] to launch legal proceedings [JURIST report] against a former army chief and intelligence director for their involvement in the country's 1990 election bribery scandal. Kayani's statement has generated concern [AP report] because of the country's history of military coups and the fact that the Pakistan military is the largest and most powerful establishment in the country. However, experts suggest that the statement is merely an attempt to push back on the judiciary as the military has slowly ceded power recently. Kayani stressed the future and the role of the constitution:An intense discussion and debate is natural in this process. No individual or institution has the monopoly to decide what is right or wrong in defining the ultimate national interest. It should emerge only through a consensus, and all Pakistanis have a right to express their opinions. The constitution provides a clear mechanism for it. We all have a great responsibility to shoulder. We should learn from our past, try to build the present and keep our eyes set on a better future. We all agree that strengthening the institutions, ensuring the rule of law and working within the well defined bounds of the constitution is the right way forward. Weakening of the institutions and trying to assume more than one's due role will set us back. We owe it to the future of Pakistan, to lay correct foundations, today. We should not be carried away by short term considerations which may have greater negative consequences in the future. The Chief Justice of the Supreme Court did not back down from his position in a speech he gave in response to Kayani's comments and agreed that the country should proceed under the constitution, but reiterated that the constitution gives the judiciary supreme authority over other government institutions.
This decision to bring charges against the former military chief comes in the wake of years of hearings dating back to the 1996 petition filed by Khan, a former Air Marshal. The petition resurfaced in the Supreme Court in February [CNN report]. The 1990 election was a victory for the right-wing political party [BBC timeline], the Islamic Democratic Alliance (IDA). It resulted in the defeat of a number of different PPP officials, including the highly-revered former Prime Minister Benazir Bhutto [BBC obituary; JURIST news archive]. Bhutto was assassinated [JURIST report] in a suicide attack in 2007 at a rally in Rawalpindi while campaigning for her party in the lead-up to the 2008 parliamentary elections.


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Human rights organizations criticize ASEAN proposed rights protections
Michael Haggerson on November 5, 2012 12:22 PM ET

[JURIST] The International Federation for Human Rights (FIDH) [advocacy website], a coalition of 164 human rights groups, released a statement [press release] on Monday criticizing the current draft of the Association of Southeast Asian Nations (ASEAN) [official website; JURIST news archive] Human Rights Declaration (AHRD) [text, PDF]. FIDH criticized the AHRD for stating that human rights freedoms must be considered based on different regional contexts and "bearing in mind different political, economic, legal, social, cultural, historical and religious backgrounds." FIDH further criticized the AHRD for limiting the grant of human rights freedoms based on "national security" and "public morality." FIDH argued that to limit the grant of human rights protections in this way goes against the entire point of these types of protections and that ASEAN has a duty under international law to guarantee broad grants of human rights freedoms. Other commentators have criticized the AHRD for lacking an effective enforcement mechanism [CFR report], not being clear in the drafting process, limiting the participation of outside groups in the drafting process and failing to mention groups that need protection. FIDH called on ASEAN to redraft the AHRD in a "transparent, deliberate and inclusive process" and comply with conventional international human rights protections.
Although ASEAN agreed to extend human right protections [JURIST report] in April, several southeast Asian nations have been subject to close scrutiny on human rights recently. In August a report released by Physicians for Human Rights (PHR) [advocacy website] found that Myanmar's army is still committing human rights abuses [JURIST report] against ethnic minorities in Karen state. Earlier that month a report released by Human Rights Watch (HRW) [advocacy website] alleged [JURIST report] that Myanmar security forces committed killings, rape and mass arrests following an outbreak of sectarian violence in western Rakhine State. In July two UN Special Rapporteurs urged [JURIST report] the government of Philippines to protect human rights defenders and ensure that they can pursue their work without interference. In April HRW urged the Philippines military to act on human rights abuses [JURIST report] and hold violators accountable. Also in April UN Secretary-General Ban Ki-moon [official website] urged the government of Cambodia [JURIST report] to give its full cooperation to the judges that will be appointed to investigate the genocide during Khmer Rouge regime [BBC backgrounder].


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UN denounces South Sudan decision to expel human rights investigator
Dan Taglioli on November 5, 2012 11:09 AM ET

[JURIST] The head of the UN Mission in South Sudan (UNMISS) on Sunday reported that the Government of the Republic of South Sudan [official websites] has expelled a UN human rights investigator from the country. South Sudan reportedly ejected UN officer Sandra Beidas for allegedly writing false reports [Reuters report]. It is possible that the expulsion was due to the release of an August report accusing the army of killing and abusing civilians. Secretary-General Special Representative for South Sudan Hilde Johnson [UN backgrounder] criticized the decision [statement, PDF] as a violation of the government's legal obligations to the UN and its mission in the country:The order is in breach of the legal obligations of the Government of the Republic of South Sudan under the Charter of the United Nations. I have therefore been in discussions with the highest levels of the Government of the Republic of South Sudan to seek clarification on the reasons behind the order and to protest against this decision ... Human rights monitoring, investigation and reporting, and building capacity, is a core element of the mandate of UNMISS which must be protected ... The United Nations is committed to continue assisting South Sudan in fulfilling this important promise to its people. The UNMISS wrote to the Ministry of Foreign Affairs on October 25 and Johnson has met with President Salva Kiir to address the matter, but the expulsion order has not yet been withdrawn [UN News Centre report]. In the meantime the expelled officer has been redeployed to the UN Regional Service Centre in Entebbe, Uganda, pending a decision on her future status in South Sudan.
South Sudan is still facing human rights violations and need for improving the situation with Sudan. In late June UNMISS urged [JURIST report] the government to adopt a plan to prevent further inter-communal violence [press release] in Jonglei State. UNMISS provided nine recommendations for the country to avoid similar violence and conflicts in the future, including the development a "comprehensive, multi-sectorial plan with short, medium and long-term actions to respond to the main causes of the violence in Jonglei State" while maintaining support for the peace process that has already launched. In February Human Rights Watch called on [JURIST report] South Sudan to investigate the ethnic conflict sparked by the attacks made on Murle villages and to prosecute those responsible for the violence. In December around 6,000 to 8,000 armed Lou Nuer youths calling themselves "White Army" invaded the Murle villages for 12 days, robbing and burning houses and killing thousands of people. In response the Murle groups initiated retaliatory attacks on Lou Nuer and Bor Dinka areas which lasted until February 4. In April the Sudanese government declared a state of emergency [JURIST report] on the South Sudan border after the arrest of four people who the Sudanese claim were arrested for aggression against the north in the contested Heglig oil fields.


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UN rights experts urge respect for groups at risk from transnational business activities
Dan Taglioli on November 5, 2012 11:01 AM ET

[JURIST] A body of UN independent experts submitted its report [text, PDF] to the General Assembly [official website] on Friday regarding specific groups of individuals whose human rights are put at risk by transnational business activities. The Working Group on the issue of human rights and transnational corporations and other business enterprises is a group of five independent experts established by the Human Rights Council [official websites] to explore remedies for those affected by international corporate activities, primarily through the three-year implementation of the UN "Guiding Principles on Business and Human Rights" framework. In his presentation, Working Group head Puvan Selvanathan urged states and business enterprises to identify sector-specific human rights issues [UN News Centre report] and to take measures to raise awareness, build capacity and implement the Working Principles within each sector:The Working Group is encouraged by the number of initiatives undertaken to embed the Guiding Principles into global governance frameworks since their adoption, and by dissemination and implementation initiatives led by stakeholders, some of which are outlined below. Notwithstanding, significant challenges and gaps exist towards achieving the effective dissemination and implementation of the Guiding Principles. Addressing these issues requires greater, sustained and scaled-up efforts from all stakeholders for long-lasting change to prevent, reduce and address adverse impacts on human rights linked to business activities. The group referred to at-risk groups such as children and the elderly, indigenous communities, migrant workers, journalists and human rights defenders, community activists, and minorities, among others.
Last week the UN Special Rapporteur on freedom of religion or belief presented a report to the General Assembly urging all member states to protect freedom of belief as applied to religious conversion [JURIST report]. Earlier that week Special Rapporteur on the independence of judges and lawyers Gabriela Knaul [official profile] made her annual presentation to the General Assembly, suggesting a policy of "strengthening the judiciary from within" in which governments develop anti-corruption bodies to ensure that judges act impartially and are free from political influence [JURIST report]. Earlier this month the special rapporteur on human rights in Iran released a report indicating that the government of Iran is torturing human rights activists [JURIST report] and threatening the activists' families with rape or death. Last month Special Rapporteur on the human right to safe drinking water and sanitation Catarina de Albuquerque [official profile] lauded a new California law that creates a right to safe drinking water [JURIST report].


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