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Legal news from Sunday, November 25, 2012




Egypt president to meet with judges after vast power expansion
Jerry Votava on November 25, 2012 7:05 PM ET

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[JURIST] Egypt President Mohammed Morsi [BBC profile; JURIST news archive] on Sunday agreed to meet with judges after issuing a decree [JURIST report] that removed judicial review of his actions and vastly expanded his power. Morsi has indicated that the decree is temporary [BBC report] and was not intended to focus power in the presidency. Morsi plans to meet with judges on Monday to discuss his plans following a weekend of widespread protests, including a threat by some judges to strike [Reuters reports]. Morsi has stated that the goal of the decree was to move power into the hands of those elected by the people. He also plans to reopen trials for officials from the government of deposed president Hosni Mubarak [BBC profile; JURIST news archive]. Twenty-two rights groups signed a statement [text] condemning the decree and advocated for its immediate revocation.

At the end of October, Egyptian Prosecutor-General Abdel Maguid Mahmoud ordered an investigation [JURIST report] into allegations of forgery during the recent presidential elections. The order came after former Egyptian prime minister Ahmed Shafiq alleged that ballots were forged and votes were bought by Morsi. Shafiq is one of the many former politicians under Mubarak's regime who are facing corruption charges. In August the former secretary for Mubarak's political party, Safwat El-Sherif, was referred to a criminal court [JURIST report] on corruption charges. He was accused of having abused his office by obtaining real estate at discounted prices and illegally obtaining USD $49.2 million. In July an Egyptian court rejected pleas to release [JURIST report] Mubarak's two sons while they await trial. Gamal and Alaa Mubarak, along with seven others, were charged [JURIST report] with stock market fraud and using unfair trading practices and illegally manipulating the market. In June Hosni Mubarak was sentenced to life [JURIST report] after an Egyptian court found him guilty of complicity to kill protesters during the Arab Spring protests [JURIST backgrounder]. During the protests that resulted in the overturning of Mubarak's 30-year regime, Mubarak ordered government officials to use gunfire and other violent measures to subdue protesters, causing more than 840 deaths [JURIST report]. Mubarak's trial ended [JURIST report] in February with the chief prosecutor asking the court in his closing remarks to issue a death sentence against the former ruler.




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EU Kosovo authorities arrest former commander for war crimes
Jerry Votava on November 25, 2012 4:29 PM ET

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[JURIST] The European Rule of Law Mission in Kosovo (EULEX) [official website] on Saturday arrested Fatmir Limaj, a prominent political figure in the Democratic Party of Kosovo (PDK) [official website, in Albanian] and former commander of the Kosovo Liberation Army (KLA). Limaj was arrested [B92 report] for his actions actions during the 1998-1999 war in Kosovo [BBC backgrounder; JURIST news archive]. He will face war crimes charges from his activities in the village of Klecka. Limaj previously faced war crimes charges [JURIST report] but was released when a crucial government witness committed suicide before testifying.

Kosovo was recognized as an independent state by the US and several major EU countries in February 2008, and the EULEX has been investigating war crimes [JURIST reports] since December 2008. Last year the EULEX sentenced a former ethnic Albanian rebel fighter [JURIST report] to five years in prison for crimes committed against civilians during the war in Kosovo. Also last year the EULEX charged 10 former members [JURIST report] of the Kosovo Liberation Army (KLA), including Limaj, with war crimes.




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UN criticizes Russia for failing to investigate human rights abuses
Max Slater on November 25, 2012 11:32 AM ET

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[JURIST] The UN Committee Against Torture (CAT) [official website] chastised Russia on Friday for intimidating journalists and human rights activists and ignoring allegations of torture. The CAT, a panel composed of 10 human rights experts, presented a report [AP report] on Friday that laid out a set of criticisms against Russia and urged Russia to take immediate action to prevent torture. The criticisms in the report include accusations that Russia has increased its harassment and intimidation of journalists, tortured prisoners, and cracked down on freedom of speech and expression. The report also declared that Russia has failed to comply [Al Jazeera report] with a 1987 treaty against torture and has denied many detainees access to legal counsel. The CAT has also called on Russia to prosecute individuals who have perpetrated torture and other human rights abuses.

Russia has been cracking down on political dissent recently. On Tuesday Russia's new NGO law went into effect [JURIST report]. The new law requires NGOs that are financed from abroad to register as "foreign agents," a move that critics have said is an attempt to discredit NGOs. Three weeks ago Russia implemented a new Internet regulation law [JURIST report] that gives the Russian government the ability to completely block access to certain websites. Earlier in November Russia's parliament passed a bill to increase the penalties for treason [JURIST report]. In October Russia freed one member of the controversial feminist rock collective Pussy Riot [RASPI backgrounder; JURIST news archive] but upheld prison sentences for the two other band members [JURIST report].




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New Zealand joins Australia in dispute over Japanese whaling
Max Slater on November 25, 2012 10:44 AM ET

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[JURIST] New Zealand announced [press release; ICJ backgrounder, PDF] Friday that it will support Australia in an ongoing legal dispute before the International Court of Justice (ICJ) [official website] between Australia and Japan over Japanese whaling near Antarctica. Australia filed a complaint against Japan [JURIST report] in the ICJ in May 2011 arguing that Japan's whaling practices in the Antarctic violate the International Convention for the Regulation of Whaling [materials]. New Zealand Foreign Affairs Minister Murray McCully [official website] explained that New Zealand would intervene in the dispute between Australia and Japan because as a member of the International Whaling Committee (IWC) [official website], New Zealand is obligated to make sure that Japan complies with international law by not commercially killing whales:
As a member of the International Whaling Commission, New Zealand has an interest in ensuring that the IWC works effectively and that the Whaling Convention is properly interpreted and applied. ... New Zealand has worked hard with Japan for over three years to try and find a permanent solution to whaling in the Southern Ocean. The government will continue to use all avenues possible to try to bring a halt to Japanese whaling in the Southern Ocean.
Australia and Japan have until December 21 to file responses to New Zealand's intervention.

Japan's whaling program remains extremely controversial. Australia initiated proceedings against Japan [JURIST report] in May 2010. In July 2010 a Japanese court convicted New Zealand anti-whaling activist Peter Bethune on charges of assault, trespass, destruction of property, illegal possession of a weapon and obstruction of business for boarding a Japanese whaling vessel [JURIST reports] as part of an anti-whaling protest in January of that year. Berthune, who called the charges "bogus," was extradited to New Zealand, and he will not serve prison time unless he returns to Japan. Commercial whaling has been banned by the International Whaling Commission since 1986.




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