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Legal news from Tuesday, November 13, 2012




Saudi student sentenced to life for US bomb plot
Cynthia Miley on November 13, 2012 2:44 PM ET

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[JURIST] A judge for the US District Court for the Northern District of Texas [official website] sentenced [press release] a former Texas college student from Saudi Arabia to life in prison on Tuesday for trying to make a bomb for use in a jihad. One of Khalid Ali-M Aldawsar's possible targets was believed to be former US president George W. Bush [official profile]. While Judge Donald Walter noted Aldawsari's youth and susceptibility to external influences, he found that the evidence was overwhelming, warranting a life sentence. A jury convicted [Reuters report] Aldawsari in June of attempting to use a weapon of mass destruction. Aldawsari was arrested in February 2011 after federal agents found explosive chemicals, wiring, clocks, a hazmat suit and instructional videos on explosive devices in his apartment. Defense attorneys had argued that while Aldawsari had intent, he lacked a first "substantial step" necessary for conviction of the charges, but prosecutors pointed to the damage Aldawsari could have done with the explosives had Aldawsari successfully constructed a bomb.

This is one of several recent cases dealing with attempted bombings in the US. Last month a judge for the US District Court for the Western District of Washington [official website] sentenced [JURIST report] convicted terrorist Ahmed Ressam, the "Millennium bomber," to a 37-year prison sentence for a 1999 plot to blow up the Los Angeles International Airport on New Year's Eve. Also that month, Guantanamo Bay [JURIST backgrounder] detainee Abd al-Rahim al-Nashiri [NYT profile; JURIST news archive], accused of bombing the USS Cole while it was in port in Yemen in 2000, boycotted [JURIST report] his pretrial hearing at the facility. In May a jury in the US District Court for the Eastern District of New York [official website] convicted [JURIST report] naturalized American citizen Adis Medunjanin for his role in a conspiracy to bomb the New York City subway system in September 2009. In February the US District Court for the Eastern District of Michigan [official website] sentenced [JURIST report] Umar Farouk Abdulmutallab [BBC profile; JURIST news archive] to life imprisonment for his attempt to detonate an underwear bomb [JURIST report] while on Northwest Airlines flight 253 from Amsterdam to Detroit on Christmas Day 2009.




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Rights group reports abuse of undocumented foreign nationals in Libya
Blake Lynch on November 13, 2012 1:54 PM ET

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[JURIST] Undocumented foreign nationals in Libya are at risk of facing mental and physical exploitation and abuse that may include torture, Amnesty International (AI) [advocacy website] reported [text, PDF; press release] Tuesday. The report urged Libyan authorities to confront issues of xenophobia and racism, which may in part be inspired by the prevalent belief that some foreigners were "mercenaries" who had supported the ousted regime. The report is based on visits with 2,700 foreign nationals in detention centers throughout Libya between May and September of this year, including pregnant women, and unaccompanied minors held over migration offenses. According to AI, many detainees displayed bruises said to be linked to the abuse, such as being beaten with metal wires, water pipes and rubber hoses. Among other hardships, the report indicated women at the centers are vulnerable to sexual violence from male guards. According to Hassiba Hadj Sahraoui, deputy Middle East and North Africa director at AI, despite the overthrow of Muammar Gaddafi [BBC obituary; JURIST news archive] in 2011, undocumented foreign nationals currently face worse situations than before.

Violence and abuse in Libya has been a concern in the aftermath of the Libya conflict [JURIST feature]. Earlier this month the International Criminal Court (ICC) [official website; JURIST backgrounder] urged the Libyan government [JURIST report] not to grant amnesty to war criminals. In March AI released a report accusing the ruling National Transitional Council (NTC) [official website] of allowing the abuse and torture [JURIST report] of supporters of former leader Gaddafi by unofficial militias. Last year, AI released a report detailing similar abuses faced by prisoners [JURIST report] in Libya. The ICC also announced that it would not grant immunity [JURIST report] to any person perpetrating crimes against humanity in Libya.




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Ukraine court again postpones Tymoshenko tax evasion trial
Sung Un Kim on November 13, 2012 12:16 PM ET

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[JURIST] A Ukrainian Court on Tuesday rejected the defense's motion to suspend the tax evasion trial against former Ukrainian prime minister Yulia Tymoshenko [personal website; JURIST news archive] until her health is recovered but adjourned the trial to November 23 since Tymoshenko could not attend. The hearing was set to resume Tuesday, but the presiding judge ruled [Reuters report] that it was impossible to proceed in the absence of Tymoshenko and her lawyer. The prosecution accused the former PM of intentionally avoiding trial and stated that she ultimately has to stand against the charges. Defense counsel claimed [press release], however, that the trial is fundamentally unfair because the judges have constantly ignored the defense's motions while frequently granting those of the prosecution and disregarding what occurs within the courtroom. Tymoshenko has been calling the trials against her politically motivated. The tax evasion trial began [JURIST report] in April but has been postponed several times since then.

The trial against the former Ukrainian PM has sparked international criticism. In September the US Senate Foreign Relations Committee [official website] unanimously passed [JURIST report] a resolution [text] calling for Ukraine to release Tymoshenko from prison. It condemned the current Ukrainian president Viktor Yanukovych [official website] for his role in the politically motivated imprisonment. In August the Ukrainian Supreme Court [official website, in Ukrainian] upheld Tymoshenko's abuse of office conviction [JURIST report], reasoning that there would be no basis to rule in favor of the former PM and that the prison sentence is appropriate considering the charges against her. During the appeal the government denied allegations that the criminal proceedings against Tymoshenko were a measure initiated by Yanukovich to prevent her from participating in the October elections. The decision came only a day after the European Court of Human Rights (ECHR) [official website] held a hearing [JURIST report] on Tymoshenko's appeal. Also in August Ukrainian prosecutors urged the Supreme Court not to hear her appeal [JURIST report]. Prosecutors told the court that Tymoshenko's trial had already established her guilt in the case, and asked the judges maintain her seven-year sentence [JURIST report] in the case.




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ICC should increase efforts to bring war criminals to justice: HRW
Samuel Franklin on November 13, 2012 12:05 PM ET

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[JURIST] Human Rights Watch (HRW) [advocacy website] urged [press release] the International Criminal Court (ICC) [official website; JURIST backgrounder] on Monday to improve its impact and stimulate cooperation amongst the international community as the court enters its second decade. HRW not only emphasized the importance for ICC member countries to strengthen their efforts in making arrests of known suspects harbored within their borders, but also called upon the ICC to establish a stronger dialogue with the UN Security Council [official website] in order to facilitate arrests and prosecutions. According to HRW, the difficulty with generating arrests stems from procedural issues as well as political pressure brought against member countries and the UN Security Council. While the ICC must depend on member votes or referrals in order to initiate criminal proceedings, the Security Council may also refer cases to the ICC, but has been apprehensive in doing so due to, what the International Relations and Security Network [official website] refers [ISN article] to as, a constant struggle of "peace versus justice." HRW describes the civil unrest and violence in Syria as an example of a situation in need of accountability yet lacking in international response. Elizabeth Evenson, senior international justice counsel for HRW, was quick to point out that the ICC "has stumbled in getting the job done" while acknowledging the court's progress over the previous decade.

The ICC recorded its first conviction in March 2012 in a case that not only sent Congolese militia leader Thomas Lubanga Dyilo [JURIST report] to prison for his use of child soldiers, but also helped the court establish its guiding principles for providing reparations to victims. However, to the dismay of many, individuals such as Joseph Kony [JURIST news archive] of Uganda's Lord's Resistance Army and Congolese rebel leader Bosco Ntaganda [JURIST report] remain at large. Currently, the ICC has opened investigations in the Central African Republic, Ivory Coast, the Darfur region of Sudan, Democratic Republic of Congo, Kenya, Libya, and northern Uganda with 13 pending cases against 21 individuals from those countries.




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EU halts airline pollution fines for one year
Sarah Posner on November 13, 2012 11:18 AM ET

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[JURIST] The EU announced Monday that it would halt for one year [press release] its policy of charging airlines for greenhouse gas emissions (CO2) [JURIST news archive] for flights into and out of EU member state airports. As a result of this delay, the EU will not require airlines to pay for CO2 emissions for the entirety of 2012 and will delay reporting obligations for these flights. The announcement came after the International Civil Aviation Organisation (ICAO) Council met on Friday to discuss regulatory measures for curbing CO2 emissions from aviation. Following the meeting, EU Commissioner for Climate Action Connie Hedegaard announced that a policy group would be set up shortly and that there is reference to a regulatory Market Based Mechanism (MBM) that parties must agree to on a global level. The EU stated:
Based on the encouraging results of the ICAO Council meeting 9 November—and the constructive engagement of our international partners in the relevant discussions—the EU is convinced that a global solution for addressing the fast growing aviation emissions from international aviation is within reach at the upcoming ICAO Assembly in 2013. As a gesture of good faith the EU will "stop the clock" on the implementation of the international aspects of its ETS aviation by deferring the obligation to surrender emissions allowances from air traffic to and from the EU by one year.
The process of tracking and charging airlines for CO2 emissions will not begin until the 2013 Assembly in September or October of next year.

Last December, the European Court of Justice (ECJ) [official website] upheld [JURIST report] the EU law forcing foreign airlines using EU airports to pay fees for greenhouse gas emissions. The finding that the carbon emission fees do not violate international law, as several US and Canadian airlines had argued, was expected after ECJ Advocate General Juliane Kokott issued an opinion to that effect [JURIST report] in October 2011. The foreign airlines had filed for judicial review of EU Directive 2008/101/EC [text, PDF], which announced that airlines would have to comply with heightened emissions regulations while using EU airports beginning on January 1, 2012. The airlines argued that the directive violated the Chicago Convention, the Kyoto Protocol and the Open Skies Agreement [text, PDF]. However, the ECJ ruled that the directive does not violate the international agreements, noting that the EU is not a party to the Chicago Convention.




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UN rights chief urges Indonesia to end discrimination
Sarah Posner on November 13, 2012 10:32 AM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile; JURIST news archive] on Tuesday urged Indonesia [statement] to end violence and discrimination against Christians and Muslim minorities, such as Shiites. During her visit to Indonesia, Pillay met with several government officials and the judges on the country's Constitutional Court. Although Pillay commended Indonesia for ratifying several international human rights treaties and for progressing in its democratic transition, she stressed the need to end discrimination in the country. Pillay voiced concerns over the violence in Papua and the country's crackdown on freedom of expression. In particular, Pillay emphasized the need for Indonesia to integrate its international human rights commitments into domestic law. Pillay stated:
A fundamental principle of international human rights law is non-discrimination. This applies in all areas to all people. In terms of religion, the Constitution of Indonesia upholds this principle, stating that every person shall be free to choose and to practice the religion of his or her choice. Indonesia has a rich culture and history of diversity and tolerance. At the same time, it risks losing this if firm action is not taken to address increasing levels of violence and hatred towards religious minorities and narrow and extremist-interpretations of Islam.
Pillay encouraged the government to set up ad hoc human rights courts and urged the government to respect the peaceful exercise of freedom of expression.

In July an Indonesian court sentenced [JURIST report] a Shia cleric to two years in prison on blasphemy charges. Chief Judge Purnomo Amin Tjahjo of the Sampang district court announced the sentence of Tajul Muluk, whose teachings were deemed to have deviated from mainstream Islam resulting in "public anxiety" over Muluk's pronouncements. In March the Jayapura district court in Papua, Indonesia convicted [JURIST report] five men of treason for declaring the province's independence and raising an outlawed separatist flag at a peaceful pro-independence rally in October 2011.




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Protocol to combat illegal tobacco trade unanimously adopted
Sarah Paulsworth on November 13, 2012 10:26 AM ET

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[JURIST] A new protocol to the Framework Convention on Tobacco Control (FCTC) [text] intended to combat the illegal trade of tobacco products was unanimously approved on Monday. The protocol [draft text, PDF] was approved by 176 countries [AP report] during the Fifth session of the Conference of the Parties to the WHO FCTC [official website], which is being held in South Korea this week. Pursuant to the protocol, signatories are encouraged to adopt and implement effective measures to control or regulate the supply chain of tobacco goods to prevent, deter, detect, investigate and prosecute illicit trade in such goods, and to take any necessary measures in accordance with their national law to increase the effectiveness of their competent authorities and services, including customs and police responsible for preventing, deterring, detecting, investigating, prosecuting and eliminating all forms of illicit trade in goods covered by the FCTC. Director-General of the World Health Organization Margaret Chan said:
The protocol gives the world an orderly rules-based instrument for countering and eventually eliminating a sophisticated international criminal activity that costs a lot, also for health. Illicit trade is bad for health because it circumvents measures, like taxes and price increases, that are known to reduce demand. In other words, illicit trade seriously compromises effective implementation of the treaty.
The protocol will go in to effect once it is ratified, but will not affect the US, Switzerland and a handful of other countries that are not party to the FCTC [list of signatories].

The FCTC was adopted in May 2003 by the World Health Assembly and opened for signature through June 2004. In October Russian Prime Minister Dmitry Medvedev proposed legislation that would ban tobacco advertisements [JURIST report] and public smoking and raise taxes on tobacco products. Earlier in October the High Court of Australia [official website] published its reasons for dismissing a lawsuit [JURIST reports] brought by several large tobacco companies challenging new labeling requirements [TPP Act] that require cigarette packages to display graphic images warning of the dangers of smoking and ban brand logos. Similar issues have arisen in the US. In August the US Court of Appeals for the District of Columbia Circuit [official website] ruled [JURIST report] that tobacco companies do not need to print graphic warnings of the danger of smoking, but in March the US Court of Appeals for the Sixth Circuit [official website] ruled that graphic cigarette label warnings are constitutional [JURIST report]. The court decided unanimously that the portions of the Family Smoking Prevention and Tobacco Control Act [HR 1256 text], signed [JURIST report] by President Barack Obama in 2009 and designed to limit the tobacco industry's ability to advertise to children, are a valid restriction on commercial free speech.




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Brazil high court sentences ex-presidential aid for corruption
Sarah Paulsworth on November 13, 2012 9:14 AM ET

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[JURIST] The Supreme Court of Brazil [official website, in Portuguese] on Monday sentenced a former aide to ex-president Luiz Inacio Lula da Silva [BBC profile] to over 10 years of imprisonment for his involvement in a vote-buying scheme. Jose Dirceu, Lula's former chief of staff, was convicted of using public funds to pay coalition parties [BBC report] for political support. In addition to serving 10 years and 10 months in prison, Dirceu must also pay a fine [Rio Times report] of approximately USD $330,000. In addition to Dirceau, Workers Party (PT) Treasurer Delubio Soares was sentenced to nearly nine years of in prison and must pay a fine of over $155,000. And former PT President Jose Genoino was sentenced to approximately seven years of imprisonment and must pay a $225,000 fine. All three are accused of involvement in the "Mensalao" [Veja backgrounder, in Portuguese] scandal.

The recent trials for those accused of participating in "Mensalao" have been hailed as a potential turning point [NYT report] for Brazil in the country's fight against corruption. However, observers warned that with Brazil hosting the World Cup in 2014 and the Olympics in 2016, the risk for corruption remains high [WSJ report]. In August 2011 Brazilian Judge Patricia Acioli, known for taking a hard-line against corrupt officials and militia death squads, was shot and killed [JURIST report] outside of her home by two masked men on motorbikes. Acioli was one of three judges executed [O Globo report, in Portuguese] in Brazil in the past eight years for their investigations into organized crime.




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