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Legal news from Thursday, December 20, 2012




Argentina convicts former interior minister for 'Dirty War' crimes
Julia Zebley on December 20, 2012 1:38 PM ET

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[JURIST] An Argentine court on Thursday sentenced former Interior Minister Jaime Smart to life in prison for crimes against humanity during the nation's 1976-1983 "Dirty War" [GlobalSecurity backgrounder; JURIST news archive]. Smart is the first civilian minister [La Nacion report, in Spanish] to be convicted for "Dirty War" crimes, although other civilians and police officers have been convicted in previous proceedings. Smart was specifically convicted for the murder of Jorge Rubinstein and detaining approximately 43 people in "circuit camps." Twenty-two others were also convicted [BBC report] of various crimes committed during the "Dirty War," including the former chief of investigative police.

In July Argentina's Poder Judicial de la Nacion sentenced two former Argentine dictators [JURIST report] to a total of 65 years in prison for their involvement in the systematic kidnapping of babies from leftist activists detained and killed during the "Dirty War." Jorge Videla [JURIST news archive], who ruled from 1976 to 1981, was sentenced to 50 years while Reynaldo Bignone [JURIST news archive], who ruled from 1982 to 1983, was sentenced to 15 years in prison. Several other military officials involved in the kidnappings also received sentences of up to 40 years. Smart was the Interior Minister under most of Videla's reign.




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Senegal adopts law creating special tribunal for former Chad dictator
Cynthia Miley on December 20, 2012 12:21 PM ET

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[JURIST] Senegal's national assembly adopted a law on Wednesday that will allow Senegal to create a special tribunal to try Chad's former dictator Hissene Habre [BBC backgrounder]. The law allows Senegal President Macky Sall to ratifying an accord [JURIST report] made in August with the African Union (AU) [official website] that will create the tribunal. The accord calls for "Extraordinary African Chambers" to be created inside the existing Senegalese court structure in Dakar that will have sections to handle investigations, trials and appeals. Rights groups pushed for Habre's trial [AP report] through the presidency of former president Abdoulaye Wade [BBC backgrounder], who was accused of purposely avoiding Habre's trial. Habre was Chad's president from 1982 through 1990. In the 150-seat assembly, two deputies voted against the law and about a dozen did not vote.

Habre fled to Senegal after being deposed in 1990 and denies charges of killing and torturing tens of thousands of his opponents after coming to power in a bloody coup in 1982. The AU began talks with Senegal to come up with a plan for Habre's trial after the International Court of Justice (ICJ) [official website] ruled [JURIST report] in July that Senegal must either try Habre promptly or extradite him to Belgium for trial. The court's legally binding order also noted that Senegal had failed to make serious efforts to prosecute Habre, who has been been under house arrest there since 2005. In March lawyers for the Belgian government asked [JURIST report] the ICJ to force Senegal to bring Habre to trial in Belgium. In July 2011 Senegal reversed its decision to deport Habre [JURIST report] back to Chad after UN High Commissioner for Human Rights Navi Pillay [official profile] warned of possible torture. That month Pillay issued the plea [JURIST report] to stay Habre's deportation to Chad after the nation's courts sentenced him to death in absentia.




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France: report recommends permitting doctors to accelerate death for terminally ill
Cynthia Miley on December 20, 2012 11:24 AM ET

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[JURIST] A report [text, PDF, in French] released Tuesday by the French government has recommended that the country permit doctors to "accelerate death" for terminally ill patients seeking doctor-assisted euthanasia. The report will be sent to the National Order of Physicians [official website, in French], France's national council on medical ethics, which will determine the situations [France 24 report] in which it would be appropriate for doctors to aid patients in accelerating death. The new report was produced by senior medical professor Doctor Didier Sicard, who recommended that doctors should be permitted to accelerate death under three circumstances: when patients can or have previously given explicit requests; when the patient is unconscious and the patient's family requests a withdrawal of life-support or nourishment; and when treatment is merely keeping a body in a vegetative state alive. French President Francois Hollande [official website, in French] commissioned the report as a fulfillment of a campaign pledge. France could draft preliminary legislation by June 2013.

The right to die [JURIST news archive] has been a contentious issue around the world. A UK High Court justice decided [JURIST report] in March to let Britian's first right to die case proceed, the first to be allowed in British court. Tony Nicklinson, age 57, suffered a paralyzing stroke and challenged the UK's definition of murder as including seeking medical assistance in committing suicide. The only European countries that allow euthanasia are Belgium, the Netherlands, Luxembourg and Switzerland. In 2011 an Indian high court ruled [JURIST report] passive euthanasia was permitted under certain circumstances. In 2010 a German court ruled [JURIST report] that removing a patient from life support would not be a criminal offense if the patient had previously given consent. In 2009 the Italian president refused to sign [JURIST report] an Italian governmental decree that would stop the euthanasia of comatose women because it would violate the separation of power overturning a previous court ruling. In 200, a proposed bill that would legalize the option of assisted suicide in the UK was set aside by the House of Lords following opposition from the public and two physician groups [JURIST reports].




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Russia court reduces Khodorkovsky sentence
Julia Zebley on December 20, 2012 10:31 AM ET

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[JURIST] The Moscow City Court [official website, in Russian] commuted the sentences [press release, in Russian] of jailed Russian oil executive Mikhail Khodorkovsky [defense website; JURIST news archive] and his business partner Platon Lebedev [defense website; JURIST news archive] Thursday from 13 years to 11 years. Both are now eligible for release in 2014 [RIA Novosti report], with Lebedev expected to be released in August and Khodorkovsky in October. Khodorkovsky and Lebedev are each serving prison sentences for fraud, theft and money laundering. Khodorkovsky has denied all the charges and maintains that he was falsely convicted as retribution for funding opposition parties during a former presidency of current President Vladimir Putin [BBC profile]. Last month it was reported [JURIST report] that Lebedev's sentence had been reduced to 10 years with potential release in the coming summer, but the latest order modifies that to 11 years.

In July a senior Russian judge ordered a court to review [JURIST report] Khodorkovsky's appeal. Opposition leaders and other groups have shown skepticism about the validity of Khodorkovsky's sentence. In December the Russia Presidential Council on Civil Society and Human Rights under President Dmitry Medvedev called for the prosecutor general to petition to annul the conviction [JURIST report]. Describing the verdict as fictitious, council member and former Constitutional Court judge, Tamara Morshchakova, noted the council found neither evidence nor substance to the charges brought against Khodorkovsky in the second trial. The council's decisions are non-binding and have seldom elicited action from Russian authorities. In July the council urged amnesty for economic crimes in a meeting with Medvedev that would include amnesty for the crimes of Khodorkovsky. Last year former Russian prime minister Mikhail Kasyanov testified [JURIST report] that former president and current prime minister Vladimir Putin ordered Khodorkovsky's arrest for political reasons, indicating that Khodorkovsky had funded the Communist Party without first getting approval to do so from the president.




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Rwanda genocide tribunal convicts former minister in final trial
Jaclyn Belczyk on December 20, 2012 9:14 AM ET

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[JURIST] The International Criminal Tribunal for Rwanda (ICTR) [official website] on Thursday convicted [judgment summary; press release] former Rwandan minister Augustin Ngirabatware [case materials], sentencing him to 35 years in prison and concluding the tribunal's final trial. Ngirabatware was found guilty on charges of genocide, incitement to commit genocide and rape as a crime against humanity. ICTR Chief Prosecutor Hassan Bubacar Jallow issued a statement [text] following the judgment:
The delivery of judgement today in this case marks a historic occasion and important mile stone in the work of the International Criminal Tribunal for Rwanda (ICTR). For today the Tribunal has completed the trial phase of its mandate. ... We hope that the ICTR has through the execution of its mandate made a difference: a difference in ensuring accountability for those who played a leading role in the tragedy of 1994 in Rwanda; in contributing to justice, reconciliation and respect for the rule of law in Rwanda in demonstrating the viability and effectiveness of the process of international legal accountability for international crimes; in providing through its extensive jurisprudence as well as from the lessons learnt from its operations the framework for a more effective system of international criminal justice.
Ngirabatware's trial began [JURIST report] in 2009. German authorities arrested Ngirabatware in 2007 and transferred [JURIST reports] him to the ICTR, where he pleaded not guilty to the charges against him. Ngirabatware had been a fugitive since 2001, when the ICTR issued a warrant for his arrest.

Despite the completion of its trial mandate, the ICTR still has numerous appeals pending. Last week the UN Security Council [official website] unanimously adopted a resolution [Resolution 2080 (2012) text] to extend the terms of five judges [JURIST report] at the tribunal. In July the ICTR transferred four genocide convicts to the Republic of Mali [JURIST report] to serve their sentences. A month earlier the tribunal transferred the case of Aloys Ndimbati [JURIST report], a former local government official in Rwanda who has been charged with genocide, complicity in genocide, incitement to commit genocide and crimes against humanity including murder, rape and persecution, to the authorities of the Republic of Rwanda. Earlier that month Bernard Munyagishari's case was the fifth to be transferred [JURIST report] to the country's court system.




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