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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

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[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.




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

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[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.




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

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[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.




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Maldives court issues second arrest warrant for ex-president
Sarah Posner on February 18, 2013 10:49 AM ET

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[JURIST] A Maldives court issued a second arrest warrant on Monday for former Maldives president Mohamed Nasheed [JURIST news archive] on charges of the illegal detention of a judge. The charges against Nasheed stem from his unilateral order to arrest [JURIST report] Chief Justice Abdulla Mohamed on corruption charges in January, when Nasheed was still president. Nasheed remains in the Indian embassy, where he fled last Wednesday to escape an arrest warrant [AP report] for failing to appear to face the charges against him. Nasheed claims that the charges against him are politically motivated [Al Jazeera report], arguing that his successor, current President Mohamed Waheed, will not hold a fair election. The Indian foreign ministry said that it was currently in touch with Maldivian authorities in efforts to resolve the situation. In the mean time, the ministry calls on Waheed to hold a fair election.

In October Nasheed was arrested [JURIST report] for leaving the capital city of Male in contravention of a court summons and a court-imposed travel ban. Nasheed twice failed to appear in court to face abuse of power charges. Earlier in October a three-judge panel was forced to postpone the first day of Nashed's trial after he violated his travel ban [JURIST report], leaving Male in a boat that day in order to campaign in the Maldives' southern islands. A week earlier the Hulhumale Magistrate Court had issued an order prohibiting Nasheed from leaving the city [JURIST report] without official permission. Nasheed's supporters claimed that the move was politically motivated to limit the ex-president's ability to campaign for the election scheduled for November 2013.




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Egypt high court remands parliamentary election law to legislature for amendment
Dan Taglioli on February 18, 2013 10:09 AM ET

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[JURIST] The Egyptian Supreme Constitutional Court [official website] announced Monday that it has rejected parts of the draft election law that will govern the country's upcoming parliamentary elections. While the court must ratify the legislation before it can be enacted by President Mohamed Morsi [BBC profile; JURIST news archive], the court has remanded the law to Egypt's acting legislature to amend five specific articles [Ahram Online report] to which the court objected. The law will now return to the Shura Council, the upper house of parliament that assumed full legislative powers on a temporary basis when the lower house People's Assembly was dissolved by court order in June. It has yet to be determined if the April parliamentary elections will be delayed while the law is redrafted.

Egypt has been plagued by continuing protests and violence since the beginning of the revolution. Earlier this month the Supreme Constitutional Court postponed ruling [JURIST report] on whether the legislative constitutional assembly that recently drafted a new charter was legitimate. The judges claimed a crowd of Islamists outside the courthouse of had intimidated the judges and blocked the entrance to the courthouse. The UN High Commissioner for Human Rights Navi Pillay [official profile] in late January voiced concern [JURIST report] over the growing violence and rising death toll in Egypt stemming from ongoing protests throughout the country. Earlier in January Morsi declared a state of emergency in an attempt to quell growing unrest and violent political protests in cities a day after nationwide unrest compounded following an Egyptian court ruling handing down 21 death sentences [JURIST reports] for a 2012 soccer riot that resulted in 74 deaths and thousands of injuries.




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