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Legal news from Monday, March 4, 2013




UN expert urges US to publish report on Bush-era detention, rendition program
Peter Snyder on March 4, 2013 12:42 PM ET

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[JURIST] The UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism Ben Emmerson [official profile] called Monday on the US government to publish the Senate Select Committee on Intelligence [official website] report detailing investigations into the Central Intelligence Agency (CIA) [official website] secret detention and interrogation program during the Bush presidency. According to the report [text, PDF] submitted to the UN Human Rights Council, there is evidence of the CIA operating clandestine detention facilities known as "black sites," in a number of countries including Lithuania, Morocco, Poland, Romania and Thailand. In addition, the report claims that the officials of at least 49 other nations allowed their airspace or airports to be used for extraordinary renditions [JURIST news archive] carried out by the CIA.The Special Rapporteur urged those countries accused of allowing CIA "black sites" "to establish (or where applicable, to re-open) effective independent judicial or quasi-judicial inquiries into credible allegations that secret CIA "black sites" were established on their territories." In January 2009 the Obama administration passed an executive order prohibiting the use of secret detention, torture and other forms of prisoner abuse.

The issue of CIA extraordinary rendition has been a sensitive one, particularly in Europe. In February a Milan appeals court sentenced [JURIST report] Niccolo Pollari, the former Italian spy chief, to 10 years in prison for his role in the kidnapping of a terror suspect as part of the CIA extraordinary rendition program. In the same month the Open Society Justice Initiative (OSJI) [advocacy website] reported [JURIST report] at least 54 countries participated in the CIA overseas detention and rendition of at least 136 people. In December the European Court of Human Rights (ECHR) [official website] ruled [JURIST report] that the government of Macedonia [official website] is responsible for the torture and degrading maltreatment of a man the ECHR found to be an innocent victim of CIA extraordinary rendition in 2003. In September the Italian Court of Cassation [official website, in Italian] upheld the convictions [JURIST report] of 23 former CIA officers for the 2003 kidnapping and rendition of Egyptian terror suspect Osama Moustafa Hassan Nasr. In April Emmerson expressed regret over a US court decision denying Freedom of Information Act (FOIA) [National Security Archive] requests by a member of the UK parliament and the UK All-Party Parliamentary Group on Extraordinary Rendition [official website], made as part of an investigation into extrajudicial capture [JURIST report] by the US of foreign terrorism suspects for detention and interrogation.




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Czech senate impeaches outgoing president Vaclav Klaus
Benjamin Minegar on March 4, 2013 11:59 AM ET

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[JURIST] The Senate of the Parliament of the Czech Republic [official website] on Monday voted to impeach outgoing President Vaclav Klaus [official website, in Czech] for charges of treason. After a 38 to 30 vote [Reuters report], the Senate filed a complaint in the Constitutional Court [official website, in Czech] averring that Klaus violated the constitution by refusing to appoint judges, refusing to ratify European treaties after adoption by the Senate and declaring a broad and controversial amnesty [materials, in Czech] in January. According to media sources, Klaus pardoned all convicts with prison sentences under a year [Economist report], leading to the release of more than 6,000 prisoners, or one quarter of the nation's imprisoned. In addition, the amnesty declaration halted all criminal proceedings lasting longer than eight years, including several high-profile fraud and embezzlement cases allegedly arising out of Klaus' own economic reforms. After two months of contention, the Senate voted to impeach Klaus. The Constitutional Court has given the case top priority, but reports indicate that the proceeding will be predominantly ceremonial, as the highest potential penalty is removal from office, and Klaus' term ends on Thursday. The Czech Republic held its first ever direct presidential election in January.

Klaus' presidency has encountered controversy in the past, particularly over matters concerning treaty ratification. The Czech Republic was the last EU member state to ratify the Treaty of Lisbon [BBC backgrounder] in 2009, which sought to amend the treaties forming the constitutional basis of the European Union. In November 2009, Klaus signed the treaty [JURIST report] after the country's Constitutional Court ruled that the treaty did not conflict with the country's constitution. Klaus maintained his position that the court's decision was political and that the treaty interfered with Czech sovereignty. The treaty had passed both the lower and upper houses of the Czech Parliament in February and May 2009, but Klaus sought an opt-out clause [JURIST reports] that would shield the country from property claims by ethnic Germans who were expelled from Czechoslovakia after World War II.




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HRW urges Yemen to stop executing juvenile offenders
Alison Sacriponte on March 4, 2013 11:47 AM ET

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[JURIST] Yemen's government should stop seeking and carrying out the death penalty for child offenders, Human Rights Watch (HRW) [advocacy website] said [press release] in a report [text, PDF] on Monday. The report found that since 2007 Yemen executed at least 15 men and women who were under 18 at the time of their offense. HRW urged President Abdu Rabu Mansour Hadi to immediately reverse execution orders for three juvenile offenders currently on death row who have exhausted all appeals and could now face a firing squad. The report noted the failure of Yemen's judicial system to provide fair trials and legal safeguards for detainees, as well as reports and confessions of torture by police investigators to extract confessions. Also, Yemen has one of the lowest birth registration rates in the world, with only 22 percent of births between 2000-2010 reported. Thus, most juvenile offenders lack official birth certificates documenting their age. However, international law prohibits executing individuals for crimes committed before age 18. When courts cannot conclusively establish an offender's age when the alleged crime happened, international law indicates a death sentence cannot be imposed.

Yemen is the fifth country in the world for the highest number of executions, and has been repeatedly accused of human rights violations. In February Amnesty International (AI) [advocacy website] called on Yemeni forces [JURIST report] to observe peace and restraint during scheduled protest marches, but the security forces fired on protesters despite AI's plea. Also in February HRW said Yemen authorities failed to investigate top officials [JURIST report] in the shooting deaths of 45 anti-government demonstrators killed in the country's "Friday of Dignity Massacre" in March 2011. In December AI reported a series of gross human rights abuses committed by Yemen's government forces and al Qaeda affiliates during the 2011-2012 conflict over control of the country's southern region of Abyan. Amid fervent protests in April 2011, former president Ali Abdullah Saleh agreed to step down from power [JURIST report], ending his 32-year reign as the nation's leader, in exchange for immunity from prosecution. Earlier that month AI released a report urging the international community [JURIST report] to pressure Yemeni authorities to investigate the deaths of protesters.




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Russia court begins posthumous hearing for whistleblower
Sarah Posner on March 4, 2013 10:49 AM ET

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[JURIST] A Moscow court on Monday began preliminary hearings in the posthumous trial against Russian whistle-blowing lawyer Sergei Magnitsky [JURIST news archive]. This case marks the first time that Russia will carry out a legal proceeding [AFP report] against a deceased person. During the hearing, the judge is expected to set a date to begin trial, after which a state-appointed lawyer will be appointed to defend Magnitsky. Magnitsky's family members and lawyers have refused to attend the trial and criticized the appointment of a defense lawyer, claiming that the charges are politically motivated. Magnitsky's death while in custody, after accusing state officials of tax fraud, has caused a rift in Russia's relationship with the US.

Last month, the Moscow court ordered [JURIST report] Magnitsky's trial to begin in March. 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 Magnitsky and a former client of evading $16.8 million in taxes. In January a Moscow court postponed [JURIST report] the preliminary hearing for Magnitsky. Magnitsky's defense lawyer was appointed by the court after his family and lawyers refused to attend the trial, claiming the charges against Magnitsky were politically motivated




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UAE begins trial of 94 activists charged in alleged coup plot
Dan Taglioli on March 4, 2013 10:46 AM ET

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[JURIST] The United Arab Emirates (UAE) on Monday began the trial of 94 people charged [press release] with plotting to overthrow the government. The group of defendants includes unnamed doctors, academics, lawyers and other professionals [Guardian report] arrested over the past year and accused of forming a secret network with ties to the Muslim Brotherhood [official website; JURIST news archive] and designs to raise money in a plotted coup against the Emirati ruling families. International human rights groups such as Amnesty International (AI) [advocacy website; press release] and Human Rights Watch (HRW) [advocacy website; press release] have criticized the charges and raised concerns regarding the transparency and fairness of the trial. Most of the defendants are members of the conservative Reform and Social Guidance Association (al-Islah) [advocacy website, in Arabic], a nonviolent Islamist political association advocating greater adherence to Islamic precepts. While approximately 200 relatives were bussed to the court in Abu Dhabi for the hearing, it was amid tight security and authorities barred international media and rights groups from attending. Even the road leading to the court was closed. Some of the defendants have been in detention for nearly a year but most were arrested in July and August. Rights groups, relatives of the detainees and the defendants themselves have made claims of mistreatment and torture [BBC report] of some individuals while in custody. The UAE tolerates no political opposition within its borders.

UAE authorities began arresting al-Islah members last March, when security forces arrested Ahmed al-Zaabi, a former judge, and Ahmed Ghaith al-Suwaidi together at a Dubai gas station. They detained the chairman of al-Islah, Sheikh Sultan Bin Kayed al-Qasimi, on April 20. In late April AI and HRW called on the UAE to stop the recent crackdown on political activists [JURIST report] by ending arrests and releasing those already in custody, expressing concern that the UAE is threatening to revoke prisoners' citizenship as a way of punishing them for expressing public dissent, an action that the advocacy groups contend violates the Universal Declaration of Human Rights [text]. In July prominent human rights lawyer and al-Islah member Mohammed al-Roken, along with his son and son-in-law, were all detained [JURIST report] just a few days after the arrest of another prominent human rights lawyer, Mohammed Mansoori. A month later Al-Roken and Mansoori began a hunger strike [JURIST report] to protest their detentions. Both lawyers are reportedly among the 94 defendants now on trial.




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