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Legal news from Monday, November 12, 2012




UN elects 18 members including US to serve on rights council
Brandon Gatto on November 12, 2012 3:38 PM ET

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[JURIST] The UN General Assembly (UNGA) [official website] on Monday elected 18 countries [press release], including the US, to a three-year term on the Human Rights Council (UNHRC) [official website] beginning January 1. The secret ballot election was held at the UN headquarters in New York, and the following UNGA members were elected [UN News Centre report] to serve: Argentina, Brazil, Ivory Coast, Estonia, Ethiopia, Gabon, Germany, Ireland, Japan, Kazakhstan, Kenya, Montenegro, Pakistan, Republic of Korea, Sierra Leone, United Arab Emirates, US, and Venezuela. The UNHRC, which is composed of 47 members, is an inter-governmental body of the UN responsible for promoting and protecting human rights around the world. It is also tasked with making recommendations for specific human rights violations. Significantly, this is only the second time that the US has elected to a serve on either the UNHRC, which was created by UNGA Resolution 61/251 [text] in 2006, or the former Commission on Human Rights that it replaced. The re-election was welcomed by Secretary of State Hillary Clinton [official website], who pledged [press release] that the US would "continue to work closely with the international community to address urgent and serious human rights concerns worldwide and to strengthen the Council."

The US was first elected [JURIST report] to a seat on the UNHRC in May 2009 when the country received 90 percent of the votes from the UNGA. In April of that year, the US State Department [official website] released a set of commitments and pledges [text, PDF] to human rights in anticipation of the election. Also in April, the US openly announced its intent to seek a seat on the UNHRC [JURIST report].




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Italy prosecutors charge credit-rating agencies with manipulating market
Brandon Gatto on November 12, 2012 2:48 PM ET

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[JURIST] Italian prosecutors on Monday filed suit against five former employees of Standard and Poor's (S&P) and two former employees of Fitch [corporate websites] for allegedly manipulating the market and abusing privileged information that led to the rating agencies' downgrades of Italy. Though magistrates in Rome and Milan have refused to support the claim, prosecutors from the southern town of Trani contend that the agencies failed to respect European rules of transparency [Reuters report]. Specifically, they allege that S&P and Fitch reports regarding Italy's banking system were inaccurate and that one such report caused drastic losses in the Italian market after it was leaked during market hours [Corriere della Sera report, in Italian] on May 20, 2011. S&P denied the allegations [Corriere della Sera report, in Italian] on Monday while Fitch has yet to issue a response. Charges against Moody's [corporate website], a peer rating agency, were recently dropped after prosecutors conceded that there was a lack of evidence proving a manipulation of the market. This is the first European court case related to a nation's rating cuts.

Rating agencies have received consistent criticism for not predicting the subprime mortgage debt crisis of 2008 and 2009. In general, many European policymakers contend that the agencies were too quick to downgrade EU nations in the face of various bailouts and austerity programs. In a procedural ruling last week, the Illinois Circuit Court of Cook County [official website] ruled that the state's attorney general may proceed [WSJ report] with a case accusing S&P of misleading investors during the financial crisis. Also last week, an Australian court ruled that S&P did mislead investors [AP report] when it gave its highest investment rating to risky securities just before the global financial crisis. In August 2011, S&P received considerable criticism from American policy makers [CBS News report] after the agency downgraded the US credit-rating from AAA to AA+.




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UK court denies Jordan extradition request for Muslim cleric Abu Qatada
Michael Haggerson on November 12, 2012 12:58 PM ET

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[JURIST] The UK Special Immigration Appeals Commission (SIAC) [official website] on Monday granted the appeal [judgment, PDF] of Muslim cleric Abu Qatada [BBC profile; JURIST news archive], allowing him not to be extradited to Jordan. The judge ruled to not extradite Qatada because he could not receive a fair trial in Jordan where he is accused of organizing bomb attacks [BBC report]. Qatada has been described as "Osama bin Laden's right-hand man in Europe," and UK officials believe he should be kept in prison for national security reasons. However, he has never formally been charged with an offense, and he has been in and out of custody either in prison or some form of house arrest. The judge stated that he did not believe that Jordanian authorities would mistreat Qatada, but Jordanian law allows the use of evidence gained as a result of the torture of others and thus Qatada could not receive a fair trial. Jordanian authorities had assured the court that they would not use any evidence gained from torture, but the court remained unconvinced. As a result of the ruling Qatada will be released on bail on Tuesday subject to a curfew and other restrictions. Qatada's lawyers stated that any restriction on Qatada's freedom was improper. UK prosecutors were very displeased with the ruling and announced that they plan to pursue an appeal and reiterated that they believed that Qatada was a very dangerous individual.

The SIAC denied bail [JURIST report] to Qatada in May. In early February he was released on bail [JURIST report] after he made an application for bail following the ECHR block of his deportation, but he was arrested again in April to begin deportation proceedings. Qatada was granted political asylum by the UK in 1994. When he was arrested in 2001 under the Prevention of Terrorism Act 1989, police seized a sizable sum of money in various currencies for which no explanation was given. Later in 2001, he went into hiding to avoid being arrested and detained under the then-proposed Anti-Terrorism, Crime and Security Act 2001. He was arrested again in 2002 and held until March 2005 when he was released pursuant to a House of Lords judgment declaring his detention without trial to be unlawful. In February 2009 the ECHR ordered the UK to pay £2,500 in damages [JURIST report] to Qatada after determining that his imprisonment violated the European Convention on Human Rights [materials]. Despite his previous grant of asylum and fears of torture and persecution, UK Law Lords in February 2009 ruled that Qatada could be returned [JURIST report] to Jordan to face terrorism charges. The February decision overruled an April 2008 Court of Appeal decision blocking his deportation [JURIST report].




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Libya postpones trial of former PM
Michael Haggerson on November 12, 2012 12:22 PM ET

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[JURIST] The trial of former Libyan prime minister Al Baghdadi Ali al-Mahmoudi [JURIST news archive] began on Monday, but the hearing was postponed until December 10 to give counsel from both sides additional time to prepare for the case. Mahmoudi served as prime minister under Muammar Gaddafi [BBC obituary; JURIST news archive] from 2006 until he fled to Tunisia. Mahmoudi is charged [Reuters report] with corruption and organizing mass rapes during the Libya conflict [JURIST backgrounder]. His lawyer alleged that he has been denied access to his client for substantial periods of time, that Mahmoudi has been held in solitary confinement and that Mahmoudi has suffered a nervous background. Libya's government has stated that it is important for the country to try the previous regime's leaders to demonstrate that the country can provide fair trials and to help in the transition to the new government. If convicted Mahmoudi could face life in prison or execution. Mahmoudi joins Abdullah al-Senussi [JURIST report; JURIST news archive], the former Libyan chief of intelligence, and Saif al-Islam Gaddafi [JURIST report; JURIST news archive] as former officials in the Gaddafi regime that are set to be tried by the Libyan government for their roles in the Libya conflict.

Tunisia extradited [JURIST report] Mahmoudi to Libya in June. The extradition came a month after the Tunisian government announced [JURIST report] that it was going to do so upon Libya's assurance that al-Mahmoudi would have a fair trial. Libya's former prime minister had been under detention despite the Tunisian court dropping charges [JURIST report] against him in February, five months after he was arrested in southern Tunisia last September for illegally entering the country. In January, several human rights groups such as the Tunisian League for the Defense of Human Rights, Amnesty International, and Human Rights Watch (HRW) [advocacy websites] had called on Tunisia not to extradite [JURIST report] al-Mahmoudi to Libya over concerns that he could not get a fair trial in Libya.




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Controversional Uganda anti-gay bill to pass by end of 2012: AP report
Sarah Paulsworth on November 12, 2012 10:35 AM ET

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[JURIST] The Ugandan Parliament [official website] will pass a highly controversial anti-gay bill by the end of 2012, the parliament's speaker said on Monday. Speaker Rebecca Kadaga told the Associated Press [report] that the bill reflects the will of a majority of the Ugandan people. Religious figures in Uganda appealed to the parliament to pass the bill prior to Christmas as holiday gift, while protesters, including school children, paraded around Kadaga carrying placards that read "Homosexuality is an abomination." Kadaga said the bill will be considered in the next two weeks. Although homosexuality is already criminalized in Uganda, the bill envisages much more stringent punishments for homosexual acts. The bill includes life imprisonment for homosexual offenses [BBC report] and subjects bystanders who fail to report homosexual acts to criminal liability.

The original text of Uganda's bill also included the death penalty for some offenses related to homosexual acts. In February of this year Ugandan MP David Bahati announced that clauses mandating the death penalty for "aggravated homosexuality" would be dropped [JURIST report] from the controversial bill. In November of last year the Ugandan High Court sentenced a man to 30 years in prison [JURIST report] for beating to death prominent gay rights activist David Kato. In January 2011 the Ugandan High Court issued a permanent injunction [JURIST report] and awarded damages to three plaintiffs who were among 100 people alleged to be homosexuals by the Ugandan tabloid newspaper, The Rolling Stone. In January 2010 UN High Commissioner for Human Rights Navi Pillay criticized the original anti-gay legislation [JURIST report], saying that it could harm Uganda's reputation internationally. In February 2010, US President Barack Obama and Secretary of State Hillary Clinton publicly denounced the proposed legislation [JURIST report].




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Philippines high court rescinds decision to broadcast Maguindanao massacre trial
Sarah Paulsworth on November 12, 2012 8:59 AM ET

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[JURIST] The Philippines Supreme Court [official website] said on Monday that it would not allow the live broadcast of the trial over the November 2009 Maguindanao Massacre [CSM backgrounder; JURIST news archive]. This decision reverses a 2011 decision to allow a live broadcast [JURIST report] of the trial of several members of a clan accused of killing 57 people, including 31 journalists, who supported a rival political candidate. Philippines presidential spokesperson Edwin Lacierda said that the president is opposed to the high court's decision [Manila Bulletin report], which could potentially impede the transparency of the trial. The 2011 decision to allow live broadcasting marked the first time [AFP report] in the Philippines that a trial would have been broadcast live.

Although the high court's 2011 decision was hailed as a landmark decision, it did not give reporters free reign in the courtroom. At that time the court said it would not allow broadcasters to bring in their own cameras but would instead provide a single, stationary, widescreen camera. No panning or zooming was to be allowed, and broadcasters would have been obligated to show the entire proceedings from beginning to end each day, commercial free. The Philippines Department of Justice [official website] had implicated Andal Ampatuan Sr., the leader of a Muslim clan in the Philippines' semi-autonomous southern province of Maguindanao, and several of his followers in the November 2009 slayings of campaign workers, journalists and supporters of family political rival Esmael Mangudadatu. The court noted that broadcasting the trial was important because of the impossibility of fitting the large number of interested parties into the courtroom, including the families of those killed and of the witnesses. Also in June 2011, a Philippine court froze USD $23 million worth of assets [JURIST report] owned by the Ampatuan family, who are accused of ordering the 2009 slayings, while investigators determine how the Ampatuans accumulated accumulated the assets.




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