 |
|

Legal news from Monday, February 18, 2013 |
 |
|


Moscow court orders trial of deceased Russia whistleblower
Peter Snyder on February 18, 2013 12:04 PM ET

[JURIST] A Moscow court on Monday ordered a trial to begin next month against deceased whistle-blowing lawyer Sergei Magnitsky [JURIST news archive]. Magnitsky, who died in prison in 2009, was a lawyer for the Hermitage Capital Fund [corporate website] and was arrested in 2008 by Russian Interior Ministry [official website, in English] officials on suspicion of tax evasion after he accused the ministry of embezzling USD $230 million from the state. State prosecutors accuse [AP report] Magnitsky and a former client of evading $16.8 million in taxes. Magnitsky's family and lawyers have refused to attend the trial claiming the charges are politically motivated.
Magnitsky's death while in custody has caused a rift in Russia's relationship with the US. In December US lawmakers passed the Magnitsky Act [text] in the lawyer's name, which will allow the US Secretary of the Treasury [official website] to freeze assets, prohibit all transactions and deny visas to Russians implicated in human rights abuses. Russian President Vladimir Putin [official website, in Russian; JURIST news archive] in December signed into law [JURIST report] a bill that prohibits US citizens from adopting Russian children, possibly in retaliation. Also In December a Moscow court acquitted [JURIST report] prison doctor Dmitry Kratov of all charges stemming from Magnitsky's death, with the judge finding no evidence showing a causal link between Kratov's negligence and Magnitsky's death. Kratov was the head of medical services at Butyrka Prison, where Magnitsky died from untreated pancreatitis. An investigation conducted by Russia's Presidential Council on Human Rights concluded [JURIST report] that in addition to being denied medical treatment Magnitsky had been severely beaten during his year long pretrial incarceration. Kratov was accused of negligence for allegedly refusing to respond to repeated requests by Magnitsky to treat his life-threatening condition.


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

|

EU to take action against Google over privacy laws
Alison Sacriponte on February 18, 2013 11:48 AM ET

[JURIST] The French data protection agency Commission nationale de l'nformatique et des libertes (CNIL) [official website] said Monday that EU data protection agencies intend to take action [press release] against Google [corporate website; JURIST news archive] and investigate the Internet company's failure to comply with EU privacy laws. In October, after several months of investigating, 27 EU states warned [JURIST report] Google that its confidentiality rules do not comply with EU law and gave the company four months to implement recommendations from the EU data protection agencies. The recommendations included improving data subjects' information, clarifying the combination of data across Google's services, and providing precise retention periods for the personal data it processes. CNIL also noted that Google has failed to provide any precise and effective answers within the four-month deadline. Committed to act and continue their investigations, EU data protection authorities designed an action plan, led by CNIL, to coordinate their repressive action during a meeting in Paris last month. It will be submitted to the Article 29 Working Party [materials] for approval during the next plenary meeting on February 26.
Google has faced many legal challenges regarding the privacy of internet users. In December an Italian court overturned a conviction of Google executives [JURIST report] for privacy violations from allowing a bullying video to be posted on its site. In November the company was fined $22.5 million [JURIST report] for alleged privacy misrepresentations concerning Apple's Safari Internet browser. In February 2012 a federal judge dismissed [JURIST report] a suit filed by the Electronic Privacy Information Center (EPIC) [advocacy website], a consumer privacy group, that asked the Federal Trade Commission (FTC) [official website] to block Google's proposed privacy changes [text] that would allow a user's information to be shared among several Google products, including YouTube, Gmail and Google Maps.


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

|

UN: both sides to Syria conflict guilty of war crimes
Benjamin Minegar on February 18, 2013 11:45 AM ET

[JURIST] Both Syrian government forces and anti-government rebels have committed war crimes throughout the two-year armed conflict in Syria, the UN Independent International Commission of Inquiry on Syria [official website] in Syria reported [text, PDF] Monday. According to the Commission, government forces have utilized a "contraction strategy" to target suspected rebel areas with indiscriminate aerial attacks that have struck hospitals, bakeries and bread lines. In addition, government forces have allegedly exploited house searches and road checkpoints to murder, torture, rape, and "disappear" rebels and civilians. Conversely, anti-government forces allegedly continued to conduct operations in civilian areas, where the Commission reports that car and suicide bombings have been directed at non-military targets, and children as young as 15 have been conscripted into service. The Commission said that these act have created widespread and systematic terror among the civilian population. The Syrian government has not allowed the Commission to perform investigations inside Syria, and the report is based on 445 interviews conducted over the past two years:The depth of the Syrian tragedy is poignantly reflected in the accounts of its victims. Their harrowing experiences of survival detail grave human rights violations, war crimes and crimes against humanity. The destructive dynamics of the civil war not only have an impact on the civilian population but are also tearing apart the country's complex social fabric, jeopardizing future generations and undermining peace and security in the entire region. The HRC emphasized [press release] the "urgent need" for both sides to come to a political settlement so that violence will cease. According to the report and media sources, the Commission is compiling a list of individual suspects [Al Jazeera report] in hopes of referring charges to the International Criminal Court (ICC) [official website]. The report will be presented to the UN Human Rights Council (HRC) [official website] in March.
The Syrian government has been in conflict with the anti-government forces since 2011, and the international community has become increasingly concerned about the violence. The conflict arose out of revolt against President Bashar al-Assad [BBC backgrounder], which began with peaceful protests that quickly turned into violence between Assad's forces and demonstrators. This month, UN High Commissioner for Human Rights Navi Pillay reported [JURIST report] that the death toll resulting from two years of armed conflict in Syria is approaching 70,000. Last month more than 50 countries asked the UN Security Council to refer the situation in Syria [JURIST report] to the ICC. A study carried out by the UN Office of the High Commissioner for Human Rights reported in January that the average number of deaths per month has increased significantly [JURIST report] since the summer of 2011, where the average was approximately 1,000 per month, to an average of 5,000 deaths per month since July 2012. A UN official said in November that a video posted on the Internet of Syrian rebels executing government soldiers who had surrendered may be evidence of war crimes [JURIST report]. In October, Pillay called on the international community to work to bring an end to the Syrian conflict [JURIST report]. In September UN investigators reported [JURIST report] that the number and frequency of human rights violations committed by both sides of the conflict were increasing rapidly.


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

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