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Legal news from Monday, December 3, 2012




UN rights expert urges justice in Ivory Coast
Blake Lynch on December 3, 2012 3:57 PM ET

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[JURIST] The Ivory Coast could face ongoing violence and be deprived of justice [press release] if human rights offenders are not prosecuted, a senior UN rights official warned Monday. While visiting the city of Abidjan, Assistant Secretary-General for Human Rights Ivan Simonovic [official profile] met with area officials to discuss the delayed investigatory process that has followed in the wake of a 2011 attack on the city of Nahibly. Local officials cite the country's delicate security situation and fear of reprisals as the reasons for the extended investigations of offenses including unresolved land disputes and illicit arm circulation by Dozos, a paramilitary group of hunters. This trip marks the first visit by the UN to the Ivory Coast since April 2011 [WP article] during the tense atmosphere following violence spurred by political elections.

The Ivory Coast has already begun the process of prosecuting human rights offenders for the crimes that occurred following the country's 2010 elections. In November the International Criminal Court unsealed an arrest warrant for Simone Gbagbo [JURIST report], the wife of former Ivory Coast president Laurent Gbagbo. Also in November, Laurent Gbagbo was found fit to stand trial [JURIST report] before the ICC. Human Rights Watch [advocacy website] has also released a report that said the Ivory Coast's military committed widespread human rights abuses in August and September. In 2011 the Ivory Coast's government launched a truth and reconciliation commission [JURIST report] to resolve conflicts stemming from violence that occurred during the country's tense post-election atmosphere.




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Egypt top judges to oversee constitutional referendum
Brandon Gatto on December 3, 2012 2:21 PM ET

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[JURIST] Egypt's Supreme Judicial Council on Monday agreed to oversee a national referendum on the country's new constitution [text, PDF]. The Council, which is Egypt's highest administrative body overseeing the courts, plans to delegate judges [Reuters report] to monitor the nation's constitutional referendum, and about 10,000 judges are needed. This decision comes after the Supreme Constitutional Court [official website, in Arabic] indefinitely halted its operations [JURIST report] over the weekend amid pressure from protesters aiming to block the judges from meeting to rule on the validity of the new constitution. In particular, supporters of President Mohamed Morsi [BBC backgrounder; JURIST news archive] flooded the court [BBC report], thereby blocking the judges from entering and forcing them to delay hearing a case that would permit them to dissolve the constituent assembly that drafted the new constitution. The constitution was hurriedly approved [JURIST report] on Friday in anticipation of the hearing, and on Saturday, Morsi set December 15 as the date of the referendum. While tens of thousands of moderate and conservative Islamists have voiced support for the constitution, thousands of other liberal and secular protestors have decried it since Morsi issued a decree [JURIST report] in November vastly expanding his powers.

Egypt has endured political turmoil since its revolution [JURIST feature] last year. Earlier this week, Egyptian courts suspended work [JURIST report] to protest Morsi's recent decree, which, most significantly, removed judicial review of his actions. In October, Human Rights Watch [advocacy website] urged Egypt to amend its proposed constitution [JURIST report] to comply with international treaties. In August, a lawyer in Egypt filed an appeal challenging a declaration by Morsi granting himself complete legislative and executive power [JURIST reports]. In July, a few days after he was sworn in as president, Morsi issued a decree [JURIST reports] calling the Egyptian parliament back into session, despite a previous ruling by the Supreme Constitutional Court dissolving parliament after finding that one-third of its members were elected illegally. The court suspended Morsi's decree two days later, after which Morsi vowed that he would respect the ruling [JURIST reports]. Days before its dissolution, the Egyptian parliament elected a new constitutional council after lawmakers finally reached an agreement [JURIST reports] on the political composition of the council.




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Federal judge rules US has jurisdiction over Somali pirates in murder trial
Addison Morris on December 3, 2012 1:09 PM ET

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[JURIST] The Chief Judge for the US District Court for the Eastern District of Virginia [official website] ruled Friday that Somalia's territorial waters extend no more than 12 miles from shore, concluding that the US has jurisdiction to prosecute a band of pirates accused of murdering four Americans in 2011. The attack took place approximately 40 miles off the coast of Somalia. While domestic legislation dictates that Somalia's territorial waters extend 200 miles from shore, the prosecution argued that Somalia had signed a treaty [text, PDF] establishing that the "breadth of its territorial sea" would "not [exceed] 12 nautical miles." Judge Rebecca Beach Smith thereby denied the defense's motion to have the murder charges dismissed. Each man could face the death penalty if convicted.

Last month the UN Security Council [official website] condemned [JURIST report] piracy and acts of armed robbery against vessels off the coast of Somalia. The Security Council urged the international community to develop a comprehensive response to discourage these acts. A number of countries around the world have taken actions in the attempt to solve the problem of maritime piracy. In October the Hanseatic Higher Regional Court of Hamburg [official website, in German] sentenced 10 Somalis [JURIST report] who were involved in the hijacking the German freighter MS Taipan off the coast of Somalia two years ago. Also in October, an appeals court in Kenya concluded that Kenyan courts have jurisdiction [JURIST report] to try international piracy suspects. Also that month six accused Somali pirates went on trial [JURIST report] in a Paris court in connection with the 2008 hijacking of the cruise ship Le Ponant in the Gulf of Aden. In July the International Chamber of Commerce International Maritime Bureau [official website] reported that the number of global pirate attacks fell sharply [JURIST report] in the first half of 2012.




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ICJ begins herings on maritime border dispute between Chile and Peru
Daniel Mullen on December 3, 2012 12:12 PM ET

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[JURIST] The International Court of Justice (ICJ) [official website] began hearings on Monday regarding a longtime border dispute between Chile and Peru [BBC profiles]. Peru first filed its application [press release, PDF; JURIST report] with the ICJ in 2008 alleging that Chile refused to enter into negotiations over the disputed maritime border and requesting that the ICJ resolve the dispute. At issue [AFP report] is a 15,000 square mile triangle of the Pacific Ocean, which Chile currently controls. Bolivia also plans to send a delegation to the ICJ and plans its own lawsuit against Chile. A decision by the 15-judge panel is not expected until mid-2013 at the earliest, and it cannot be appealed once issued.

The decision by the ICJ will be the latest in a series of decisions resolving border disputes and the outcome could have broad repercussions in the region. Last month the ICJ resolved [JURIST report] a long running dispute between Colombia and Nicaragua, leading Colombian President Juan Manuel Santos to question whether the ICJ's verdicts would be respected.The ICJ also issued a ruling [JURIST report] in 2009 resolving a dispute between Costa Rica and Nicaragua.




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UK authorities appeal Abu Qatada extradition denial
Benjamin Minegar on December 3, 2012 11:21 AM ET

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[JURIST] UK authorities led by Home Secretary Theresa May [official website] on Monday challenged a UK immigration decision that effectively blocked Jordanian extradition requests for Muslim cleric Abu Qatada [BBC profile; JURIST news archive]. Qatada is wanted in Jordan on in absentia convictions of organizing and encouraging bomb attacks in 1999 and 2000, but the UK Special Immigration Appeals Commission (SIAC) [official website] in mid-November granted Qatada's appeal [JURIST report] and blocked extradition requests due to skepticism that he would not receive a fair trial. The court expressed concern that the Jordanian court would allow the use of evidence extracted from torture of others despite diplomatic assurances [Reuters report] from Jordanian authorities in 2005 that the trial would proceed fairly. Those assurances were memorialized in a Memorandum of Understanding between the UK and Jordan and later partially approved [opinion, PDF] in January 2012 by the European Court of Human Rights [official website]. However, concerns for evenhanded adjudication in light of reports of alleged Jordanian human rights abuses remain. UK officials expressed serious concern after Qatada's successful appeal, as the Muslim cleric 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 although he has never formally been charged with an offense in the UK. Qatada was first detained under British anti-terrorism laws in 2002.

Palestinian-Jordanian Qatada has fought terrorism charges and extradition in court for more than a decade. 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. 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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Kosovo demands investigation into former UN prosecutor
Alison Sacriponte on December 3, 2012 9:02 AM ET

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[JURIST] Kosovo authorities called Sunday for an investigation into the work of former UN chief prosecutor Carla del Ponte [BBC profile] for her role in bringing war crimes charges against former Kosovo prime minister and Kosovo Liberation Army (KLA) commander Ramush Haradinaj [ICTY materials; BBC profile]. Del Ponte, a Swiss lawyer, worked at the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] from 1999-2008. Haradinaj, a Kosovo Albanian former guerrilla commander, was acquitted [JURIST report] on crimes against humanity for the second time on Thursday in a retrial at the ICTY. The ICTY judges ruled "that there was insufficient evidence to establish the existence of a joint criminal enterprise in relation to the commission of crimes against humanity and violations of the laws or customs of war" by Haradinaj during the 1998-99 Kosovo war with Serbia [JURIST news archive]. Kosovo's government issued a statement [Reuters report] claiming the charges were unfounded and accused del Ponte of abusing her power in bringing charges against Haradinaj. The Kosovo government believes del Ponte's actions were criminal and urged the secretary general of the tribunal, the UN and other international authorities to investigate her work. All but one of the Kosovo Albanians that were charged with war crimes during the Kosovo war have had their convictions overturned. Kosovo Prime Minister Hashim Thaci [official website] released a statement [press release] after the ruling calling it "just" and "the best proof that the Kosovo Liberation Army engaged in a just war for freedom and did not commit the crimes for which we have been unfairly accused."

Haradinaj's retrial began [JURIST report] in August 2011. The appeals chamber of the ICTY reversed [JURIST report] the acquittal in July 2010 and ordered a retrial for Haradinaj after finding the integrity of the original proceedings was compromised and the Trial Chamber failed to take sufficient steps to counter witness intimidation that permeated the trial. Haradinaj was first acquitted [JURIST report] in 2008 when the Trial Chamber found insufficient evidence to establish a criminal enterprise. Del Ponte originally brought charges against Haradinaj and two KLA fighters in 2005 for 37 counts of war crimes [JURIST report] including murder, persecution and rape. Del Ponte condemned many politicians of the former Yugoslavia, including Haradinaj, in her book "The Hunt: Me and War Criminals" that the Swiss government barred [JURIST report] her from publicly promoting.




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