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Legal news from Thursday, February 14, 2013 |
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UN rights experts urge Venezuela to release incarcerated judge
Daniel Mullen on February 14, 2013 1:58 PM ET

[JURIST] A group of UN experts on Thursday urged Venezuela to release [press release, in Spanish] Judge Maria Lourdes Afiuni from prison. Afiuni has been incarcerated since 2009 [WP report] after she freed a prisoner that the government of President Hugo Chavez [BBC profile; JURIST news archive] wanted jailed. According to her lawyer, Afiuni was raped in prison [NYT report] and subsequently had an abortion. The group of UN experts, including the Special Rapporteurs on torture, the independence of judges and lawyers, the situation for human rights defenders, and violence against women, and the Working Group on Arbitrary Detention [official websites], condemned the Venezuelan government [UN News Centre] for continuing to hold Afiuni in pre-trial detention and called for an investigation into the incident.
Chavez continue to draw international criticism. Last month Human Rights Watch [advocacy website] called on Venezuela to end censorship and intimidation [JURIST report] of media that challenge official reports regarding Chavez. In July Chavez announced [JURIST report] that Venezuela would withdraw from the Inter-American Court of Human Rights (IACHR) [official website, in Spanish]. In a statement during a military ceremony, Chavez announced the withdrawal and criticized the regional court, saying it is not fit to be called a human rights court. The decision came just after the IACHR concluded that the prison conditions of a man convicted in multiple bombings were a violation of his human rights. In 2011 Chavez criticized [JURIST report] the IACHR for ruling in favor of presidential hopeful Leopoldo Lopez, allowing him to run for office despite a separate court ruling barring him from the election.


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US congressmen reintroduce controversial cybersecurity bill
Brandon Gatto on February 14, 2013 11:24 AM ET

[JURIST] Two members of the US House of Representatives [official website] on Wednesday reintroduced a controversial bill that would allow private companies and the federal government to share private security information related to cyber threats. In a bipartisan effort, Michigan Republican Mike Rogers and Maryland Democrat C.A. "Dutch" Ruppersberger [official websites] brought forth the Cyber Intelligence Sharing and Protection Act (CISPA) [HR 3523 materials], a law designed to stop cyber attacks on US infrastructure as well as private companies. The bill's reintroduction comes only a day after President Barack Obama [official website] signed an executive order [text] for improving critical infrastructure cybersecurity. While Rogers, Ruppersberger, and other lawmakers have promoted the bill as a mechanism to fight terrorism and protect the country from cyber attacks around the world, the bill's detractors, including several rights groups, have voiced concerns over personal privacy freedoms. Most notably, the American Civil Liberties Union (ACLU) [advocacy website] has long denounced CISPA [ACLU blog archive] as a law that "would create a loophole in all existing privacy laws ... without any legal oversight." In a statement on Wednesday, the ACLU declared [press release] that Obama's executive order "rightly focuses on cybersecurity solutions that don't negatively impact civil liberties," and added that its opposition to CISPA stems from the act allowing "companies to share sensitive and personal American internet data with the government." The bill will now be assigned to a congressional committee before being sent to the entire House or Senate [official website].
Last April, the US House of Representative approved CISPA [JURIST report] in a vote of 248-168. This occurred despite the high probability of a veto [BBC report] from Obama, who has asserted [press release, PDF] that the law "fails to provide authorities" to protect American's infrastructure "without instituting corresponding privacy, confidentiality, and civil liberties safeguards." Similarly, in March, Obama administration official Melanie Ann Pustay [official profile] testified before the Senate Judiciary Committee [official website] to urge congressional officials [JURIST report] to amend the Freedom of Information Act (FOIA) [text] to strengthen government's ability to prevent disclosure of information related to critical infrastructure and cybersecurity.


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Kenya presidential candidate asks ICC to postpone trial
Matthew Pomy on February 14, 2013 10:53 AM ET

[JURIST] Kenyan presidential candidate Uhuru Kenyatta [case materials] asked the International Criminal Court (ICC) [official website] on Thursday to postpone his trial. Kenyatta, a former finance minister, argues that his defense team needs more time [Reuters report] to respond to evidence revealed to them at the last minute leading up to the trial. The charges arise from Kenyatta's involvement in the violence following the disputed elections in December 2007 in which 1,200 people were killed and thousands more displaced. The trial is currently set to begin on April 11, just weeks after the upcoming presidential election.
Earlier this month Kenyatta and his co-defendant, former civil service chief Francis Muthaura [case material], asked [JURIST report] the ICC to review the decision to move forward with the trial. The two Kenyans had announced [JURIST report] in December that, despite their upcoming trials, they will be running together in the next presidential election, scheduled to take place next month. In October the ICC called for complete cooperation [JURIST report] from the Kenyan government in the investigation and trial process. In June the ICC expressed its desire to start the two Kenyan trials simultaneously [JURIST report] to avoid any appearance of bias in the March 2013 presidential election.


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Norway court convicts Rwandan genocide defendant
Matthew Pomy on February 14, 2013 10:23 AM ET

[JURIST] An Oslo City Court on Thursday sentenced a Rwandan man to 21 years for being an accomplice to the 1994 Rwandan genocide [BBC backgrounder; JURIST news archive]. His conviction [Dagsavisen report; Norwegian] was specifically related to 2,000 killings during April 1994 to which the defendant, Bugingo, had significant connection. Sadi Bugingo moved [Views from Norway report] to Norway in 1994 after the genocide and has been working as a janitor in Bergen. He was uncovered and arrested as a result of a May 2011 investigation. Bugingo argued he was not responsible for the killings and instead tried to save the individuals that were being targeted. However, the court relied on several witnesses in attributing killings in Berenga, Economat and Kibungo to Bugingo. Continuing to claim his innocence, Bugingo appealed immediately following the ruling.
Last month, a Rwandan genocide suspect was arrested [JURIST report] in France. Also in January the International Criminal Tribunal for Rwanda (ICTR) [official website] convicted [JURIST report] 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. In December the UN Security Council unanimously adopted a resolution [JURIST report] to extend the term of office of five judges of the ICTR.


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Egypt court orders release of Mubarak's former chief-of-staff
Addison Morris on February 14, 2013 7:07 AM ET

[JURIST] An Egyptian court on Wednesday ordered that the former chief-of-staff for deposed Egyptian president Hosni Mubarak [Al Jazeera profile; JURIST news archive], Zakaria Azmi, be released from prison after he was granted a retrial in a corruption case. Azmi was brought to court on charges of illegally acquiring and concealing real estate gains and was sentenced in May 2011 to seven years in prison, along with a fine of 36.4 million Egyptian pounds. An appeals court ordered a retrial in Azmi's case earlier this month. A separate criminal court ruled that Azmi, who has been in detention for approximately 22 months, must now be released, as it is illegal to hold a suspect in prison for more than 18 months. He is still to abide by travel and financial restrictions, but will not be confined to his home. Four other high-ranking officials from Mubarak's fallen regime, including former prime minister Ahmed Nazif and former interior minister Habib el-Adly [JURIST news archives], were also granted retrials on Wednesday.
Many former officials have stood trial since the end of Mubarak's 30-year regime. In January an Egyptian appeals judge overturned Mubarak's conviction [JURIST report] and life sentence and ordered a retrial for the former president on the charge of failure to prevent the killing of more than 800 protestors in 2012. Also in January former culture minister Farouq Hosni, was acquitted of charges [JURIST report] of corruption and illegal enrichment. Last August the former secretary for the Mubarak's political party, Safwat El-Sherif, was referred to a criminal court [JURIST report] for abusing his office by obtaining real estates at discounted prices and illegally obtaining $49.2 million. In July an Egyptian court rejected pleas to release [JURIST report] Mubarak's two sons while they await trial, although their lawyer argued they were detained unlawfully for longer than permissible under Egyptian law. Gamal and Alaa Mubarak, along with seven others, were charged [JURIST report] with stock market fraud, using unfair trading practices and illegally manipulating the market.


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