JURIST Supported by the University of Pittsburgh
PAPER CHASE ARCHIVEDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.
Listen to Paper Chase!


Legal news from Tuesday, December 11, 2012




Mali PM forced to resign after arrest by junta forces
Brandon Gatto on December 11, 2012 2:57 PM ET

Photo source or description
[JURIST] The prime minister of Mali [JURIST news archive], Cheick Modibo Diarra, was forced to resign on state television Tuesday after junta soldiers arrested him for attempting to leave the country in light of the ongoing humanitarian crisis threatening the nation. Diarra's ouster has been seen as a show of force by a military that staged a coup in March and continues to exert its influence and power [Reuters report] throughout Mali. Following his arrest, the now ex-prime minister was taken to a meeting with former coup leader Captain Amadou Sanogo, where he was accused of urging citizens to disrupt talks on the current political crisis and failing to liberate the nation's north, much of which has been seized by ethnic Tuareg rebels and al Qaeda-linked Islamist fighters. Both groups have been the subject of international attention, particularly for exacerbating the humanitarian crisis [Reuters report] by targeting civilians and abusing human rights [JURIST report].

The crisis in Mali has drawn a great deal of international scorn and scrutiny. In September Human Rights Watch [advocacy website] reported [JURIST report] that three armed Islamist groups in northern Mali are abusing the local population and recruiting child soldiers. Earlier that month, UN High Commissioner for Human Rights Navi Pillay [official profile] condemned [JURIST report] human rights violations in Mali and called for international action to address the problems. Pillay noted that two militant Islamic groups are recruiting child soldiers, committing cruel punishments, violating basic human rights, committing sexual violence against women, and executing individuals. In August, officials from the International Criminal Court (ICC) [official website] were in Mali investigating [JURIST report] whether the same two Islamic groups had committed war crimes in Mali.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


UK bank to pay record $1.9 billion to settle US money laundering case
Brandon Gatto on December 11, 2012 2:11 PM ET

Photo source or description
[JURIST] The US Department of Justice (DOJ) [official website] announced [press release] Tuesday that HSBC Holdings [corporate website], one of the world's largest banking institutions based in the UK, and HSBC Bank USA [corporate websites], a federally chartered banking corporation based in Virginia, have agreed to forfeit $1.256 billion to settle a multi-year probe related to the group's failure to enforce rules to prevent money laundering. As part of the DOJ's deal, HSBC has agreed to enter into a deferred prosecution agreement [AP report] for its violation of various federal laws. In particular, HSBC Bank USA violated the Bank Secrecy Act [materials] when it failed to maintain "an effective anti-money laundering program and to conduct appropriate due diligence on its foreign correspondent account holders." Additionally, according to the DOJ, HSBC also violated the International Emergency Economic Powers Act and the Trading with the Enemy Act [texts, PDFs] by "illegally conducting transactions on behalf of customers in Cuba, Iran, Libya, Sudan, and Burma, all countries that were subject to sanctions by the Office of Foreign Assets Control [official website] at the time of the transactions." Aside from criminal penalties, HSBC has also agreed to pay $500 million to the Office of the Comptroller of Currency and $165 million to the Federal Reserve [official websites] for a total of about $1.92 billion, which is the largest fine ever imposed on a bank [Reuters report]. Although the agreement settles HSBC's case in the US, which was filed in the US District Court for the Eastern District of New York, the UK's Financial Services Authority [official websites] has chosen to pursue a separate legal action.

Tuesday's announcement was the latest development in the DOJ's recent string of fraudulent practice prosecutions. Last month the DOJ announced [JURIST report] that MoneyGram International, Inc. [corporate website] entered into a similar deferred prosecution agreement for criminally aiding and abetting wire fraud and failing to maintain an effective anti-money laundering program. A week prior, Wells Fargo [corporate website] claimed [JURIST report] that a lawsuit filed by the US government to recover money from defective mortgages was barred by a previous settlement. In September, a federal judge approved [JURIST report] a settlement agreement between the DOJ and certain e-book publishers in a price-fixing suit. In July, a federal court granted [JURIST report] an emergency order freezing the assets of foreign brokers accused of insider trading. Also in July, the DOJ and pharmaceutical giant GlaxoSmithKline [corporate website] announced [JURIST report] a $3 billion settlement in a series of criminal and civil healthcare fraud cases against the drug company.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


UN: Afghanistan women still suffering abuse
Alison Sacriponte on December 11, 2012 1:59 PM ET

Photo source or description
[JURIST] Women in Afghanistan still face abuse at the hands of man despite progress in the implementation of a law to protect women's rights, according a report [text] released Tuesday by the UN Assistance Mission in Afghanistan (UNAMA) [official website]. The report, titled "Still a Long Way to Go," details the implementation of the Law of Elimination of Violence against Women (EVAW law) [text, PDF] enacted in August 2009. The UNAMA looked at reported cases of violence against women at different stages of the judicial process from October 2010 to September 2012 and gathered information from prosecutors, judges and police officers from 22 provinces, as well as conducted more than 200 interviews with women victims, doctors, legal representatives, UN agencies and more. Obtaining accurate and reliable information was challenging, but the report stated violence against women is still widespread in Afghanistan. Of those reported, battery and laceration crimes were the most prevalent, followed by sexual violence and harmful practices such as early and forced marriages.
Many women victims of violence do not report their situation to law enforcement and judicial institutions due to cultural restraints, social norms and taboos, customary and religious beliefs relegating women to subordinate position, fear of social stigma, exclusion and, at times, even threat to life. As a result, many incidents of violence against women were not reported to formal law enforcement and justice institutions. For example, according to estimations of the AIHRC [Afghanistan Independent Human Rights Commission] office in Paktya, almost 80 per cent of relevant cases were not reported to the ANP [Afghan National Police] or the judiciary.
The report concludes that serious concerns remain in laws, policies and practice, and the government should commit to eliminating violence against women and improving implementation of the EVAW law.

Violence against women has been a long-standing issue in Afghanistan and around the world. Last month the UN urged [JURIST report] countries to implement policies that will end violence against women. Also in November the Third Committee of the UN General Assembly approved a resolution [JURIST report] calling for a global ban on female genital mutilation. At the same time, Human Rights Watch [advocacy website] released a report [JURIST report] detailing violence and obstacles women are facing in Colombia, where the legal framework is often not properly applied despite the government's progress in enacting legislation to protect violence against women.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Bahrain court cuts prison sentence for activist Nabeel Rajab
Addison Morris on December 11, 2012 12:13 PM ET

Photo source or description
[JURIST] The prison sentence for outspoken Bahraini [BBC backgrounder] rights activist Nabeel Rajab [personal Twitter account], who has been detained since July, was reduced by one year in an appeals court on Tuesday. Rajab, founder of the Bahrain Center for Human Rights [advocacy website], was originally sentenced to three years imprisonment [BCHR materials] for leading unlicensed protests against the powerful Sunni Muslim al-Khalifa dynasty. The judge ruled on three cases against Rajab, each related to peaceful protesting. In one case, the judge upheld the original one-year sentence. The sentences for the other two cases were reduced to six months each. Just last week, several US Congressmen wrote [text, PDF] to Bahraini King Hamad al-Khalifa to "express [their] concern regarding Nabeel Rajab and other Bahrainis who have been prosecuted for crimes related to freedom of expression." It is uncertain whether Rajab will try to appeal further from the decision made on Tuesday.

Bahrain has faced international criticism for its crackdown against dissidents since anti-government protests began last year. In October Human Rights Watch (HRW) [advocacy website] urged Bahrain's court of appeals to overturn the conviction of Rajab [JURIST report]. Also in October, the Bahrain Court of Cassation upheld jail sentences [JURIST report] for nine medics convicted for their involvement in Bahrain's pro-democracy uprising. According to Bahrain News Agency [official website], the medics were working at Salmaniya Medical Complex [official website], and, during the time of the uprising, "took over the complex, detained and imprisoned kidnapped persons, and transformed the hospital to a place of illegal gathering and strikes, in violation of laws." According to Physicians for Human Rights [official website], at least 95 health workers were arrested in Bahrain only after some medics treated those hurt by security forces and spoke out against the crackdown against protesters, which included firing upon ambulances. Last month government officials pledged to fulfill [JURIST report] the 158 recommendations included in the UN Universal Periodic Review [materials] regarding human rights abuses against political opposition. HRW called on Bahrain to follow through with their promises, but raised doubts as to whether the government is fully committed to reform.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Padilla unlawful detention complaint filed before IACHR
Jaclyn Belczyk on December 11, 2012 12:06 PM ET

Photo source or description
[JURIST] The mother of US citizen and convicted terrorist Jose Padilla [BBC profile; JURIST news archive] on Monday filed a complaint [text, PDF; press release] with the Inter-American Commission on Human Rights (IAHCR) [official website] for torture and unlawful detention. The petition was filed by the American Civil Liberties Union (ACLU) [advocacy website] and the Yale Law School Lowenstein International Human Rights Law Clinic [academic website] on behalf of Padilla and his mother, Estella Lebron. Lebron and Padilla have filed federal lawsuits in US courts, but those claims have been dismissed. According to the complaint:
In sum, no U.S. court has ever heard the merits of Mr. Padilla's claims that he was tortured. A court has never determined the "truth or error" or his allegations, much less provided him with a remedy. All three of the elements required by the Commission to satisfy an Article XVIII right to a remedy have been denied to Mr. Padilla: 1) he was denied access to a court or tribunal for years, 2) no court or tribunal has heard his case on the merits, and 3) no adequate remedy has been given. In sum, though Mr. Padilla had the right to file a civil suit in the United States, his right to a remedy proved to be "illusory" because, like other claimants before him, his cases were erroneously dismissed on national security grounds.
The petition requests that the IACHR conduct a full investigation into the alleged human rights violations, to find that Padilla's treatment violated the American Declaration of the Rights and Duties of Man [text], and to recommend that the US publicly acknowledge the violations and apologize for its conduct.

In June the US Supreme Court declined to accept Padilla's appeal challenging the dismissal [JURIST report] of his lawsuit against US officials for allegedly illegally detaining him at a military jail in South Carolina. Padilla was arrested in 2002 at Chicago's O'Hare International Airport and thereafter detained as an enemy combatant. He was convicted on terrorism charges in 2007 and sentenced [JURIST reports] to 17 years in prison. In September 2011 the US Court of Appeals for the Eleventh Circuit ruled that Padilla's sentence was too lenient and ordered a new sentencing hearing [JURIST report]. The court noted Padilla's 17 prior arrests and objected to a reduction of his sentence for the three-and-a-half years he was detained as an "enemy combatant" on a base in South Carolina before charges were brought against him.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page

For more legal news check the Paper Chase Archive...


LATEST OP-ED

In Alabama, "Back Door" Restrictions on Abortion and Roe
DOMESTIC
LaJuana Davis
Cumberland School of Law

Get JURIST legal news delivered daily to your e-mail!

SYNDICATION

Add Paper Chase legal news to your RSS reader or personalized portal:
  • Add to Google
  • Add to My Yahoo!
  • Subscribe with Bloglines
  • Add to My AOL

E-MAIL

Subscribe to Paper Chase by e-mail. JURIST offers a free once-a-day digest [sample]. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.


R|mail e-mails individual Paper Chase posts through the day. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.

PUBLICATION

Join top US law schools, federal appeals courts, law firms and legal organizations by publishing Paper Chase legal news on your public website or intranet.

JURIST offers a news ticker and preformatted headline boxes updated in real time. Get the code.

Feedroll provides free Paper Chase news boxes with headlines or digests precisely tailored to your website's look and feel, with content updated every 15 minutes. Customize and get the code.

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org