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Legal news from Thursday, February 14, 2013




Egypt authorities appeal court order banning YouTube
Daniel Mullen on February 14, 2013 2:45 PM ET

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[JURIST] Egypt's National Telecommunication Regulatory Authority (NTRA) [official website, in Arabic] on Thursday appealed a court order banning [JURIST report] YouTube [official website] because it features the controversial film Innocence of Muslims [BBC backgrounder]. The film, which sparked violent protests throughout the Middle East last year, depicts [Telegraph report] the Prophet Mohammad as a sexual deviant. The NTRA argues that the court ruling is unenforceable [Reuters report] because it is impossible to shut down YouTube without affecting Google's Internet search, which would negatively impact Egypt's economy. The NTRA noted that while authorities have already taken steps to block the film within Egypt, only the US has the ability to shut down YouTube.

Innocence of Muslims has generated a great deal of political, religious and legal controversy. Last month an Egyptian court upheld [JURIST report] the death sentences of seven Coptic Christians and an American preacher on charges stemming from the film. In September an actress who claims she was duped into appearing in the film filed suit [JURIST report] in the US District Court for the Northern District of California [official website] requesting the film be removed from YouTube. Earlier that same month the UN Special Rapporteur Maina Kiai [official website] condemned the violence [JURIST report] that erupted after the film's release. UN High Commissioner for Human Rights Navi Pillay [official profile] urged religious and political leaders [JURIST report] to encourage an end to the violence that followed the release of the film.




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

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[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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UN rights experts urge Indonesia to amend bill regulating organizations
Keith Herting on February 14, 2013 12:31 PM ET

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[JURIST] A group of UN human rights experts joined Thursday to urge Indonesia to amend [press release] a Bill on Mass Organizations [text, PDF, in Indonesian] that is currently being considered by the legislature. The proposed legislation [UN News Centre report] would require organizations to register with the Ministry of Home Affairs and affirm that they believe in only one God and that they are not affiliated with a specific political party. The bill would also impose restrictions on the nature of discourse in which the groups can engage. The UN experts fear that if the bill is left unchanged it will inhibit freedom of assembly, speech and religion and ultimately undermine the nation's push toward democratization. The Special Rapporteur on the situation of human rights defenders [official website] Margaret Sekaggya expressed her concern that "certain provisions in the bill will hamper the legitimate human rights work of civil society in the country, in particular of foreign societal organizations." The bill is scheduled for a vote next week.

Indonesia has previously faced international criticism for undermining human rights. In November the UN High Commissioner for Human Rights urged Indonesia [JURIST report] to end discrimination. In July an Indonesian cleric was imprisoned for violating [JURIST report] the nation's blasphemy law. The international community criticized [JURIST report] Indonesia last March for the arrest of peaceful demonstrators. In January 2011 three soldiers were sentenced [JURIST report] for their role in making a video showing the torture of detainees. In December 2010 rights groups advocated [JURIST report] for the repeal of two Sharia laws which imposed strict Islamic dress in public and prohibited unmarried men and women from being alone together.




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Iraq chief judge removed from office over ties to Saddam Hussein
Sung Un Kim on February 14, 2013 12:20 PM ET

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[JURIST] Iraq's Justice and Accountability Committee announced Thursday that the country's chief judge Medhat al-Mahmoud has been been removed from his office over ties to Saddam Hussein's Baath party [BBC backgrounder; JURIST news archive]. The committee, which is responsible for removing former Baath party members, explained [AP report] that Wednesday's decision came after the parliament provided evidence supporting the allegations. The judge assumed his position in 2005 as the chief judge of the Supreme Judicial Council and the Supreme Federal Court. He now has 60 days to appeal the committee's decision or step down.

After the US invasion of Iraq and the execution of Saddam Hussein [JURIST report] in 2006, the Iraqi government has been prosecuting and sentencing former officials who were closely associated with the former dictator's party. In July former Interior Minister Mahmoud Thiab al-Ahmed was released from prison [JURIST report] after serving an eight-year sentence for his part in draining the marshes in Southern Iraq. A month earlier, Abid Hamid Mahmud, a former bodyguard and secretary of Hussein, was executed after he was sentenced to death [JURIST reports] by hanging in 2010 alongside former Iraqi foreign minister and deputy prime minister Tariq Aziz [BBC profile; JURIST news archive] and one other official. They were convicted of genocide in connection with his service under Hussein. The death sentences have led to controversy. Aziz, who was sentenced to death in 2010, sought a pardon of his sentence [JURIST report] after Iraqi President Jalal Talabani [BBC profile; JURIST news archive] said in an interview that he would not sign the execution order [JURIST report] for Aziz.




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Federal judge accepts $1.4 billion plea deal over Gulf oil spill
Keith Herting on February 14, 2013 12:02 PM ET

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[JURIST] A federal judge on Thursday accepted the guilty plea of Transocean Deepwater Inc. [corporate website] along with a criminal settlement of $400 million and $1 billion in civil penalties for the company's violation of the Clean Water Act (CWA) [EPA summary] during the 2010 Deepwater Horizon oil spill [BBC backgrounder]. Judge Jane Triche Milazzo of the US District Court for the Eastern District of Louisiana [official website] accepted [Reuters report] the plea agreement [text, PDF] saying the substantial penalty demonstrated the "deterrent effect of the plea process." The civil penalty is a record amount, and, in accordance with the Resources and Ecosystems Sustainability, Tourist Opportunities and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act), 80 percent of the penalty will be used to fund projects in the Gulf states for the environmental and economic benefit of the region. Additionally, Transocean must take measures to reduce the likelihood of another oil discharge. Transocean still has a pending settlement with a committee representing more than 100,000 individuals and business owners claiming damages from the spill, and the ultimate cost [Reuters report] of the spill to Transocean could be $4 billion.

Thursday's settlement is the latest development in a series of legal battles over the Deepwater Horizon oil spill since January 2012 when a federal judge ordered [JURIST report] British Petroleum (BP) [corporate website] to share partial liability with Transocean in oil spill claims. Last December a federal judge approved [JURIST report] a final class settlement between BP and those who experienced economic and property loss stemming from the spill. Last November BP executives pleaded not guilty [JURIST report] to criminal charges stemming from the oil spill. Earlier that month BP agreed to pay [JURIST report] $4.5 billion in penalties for felony misconduct for its role in the spill.




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

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[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

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[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

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[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

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[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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