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Legal news from Thursday, December 20, 2012 |
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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

[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

[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

[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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