JURIST - Paper Chase: Friday, May 11, 2007

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Legal news from Friday, May 11, 2007

Germany court rejects Sept. 11 suspect appeal
Cuba says US release of anti-Castro militant broke anti-terror treaties
Thailand scraps lawsuit plans against Google over YouTube king video
UN rights chief says Sudan may have violated international law with Darfur air raids
London police avoid disciplinary action in subway shooting of Brazilian
Nuclear nonproliferation treaty conference ends without agreement
Ukraine president dismisses third Constitutional Court judge
Federal judge approves Goodling immunity in US Attorney firings
Vietnam rights lawyers sentenced for pro-democracy activities
Syria dissident gets 12-year sentence for 'encouraging attack' on country
'Chemical Ali' denies Anfal chemical weapons use
Marine commander says staff failed to warn on potential illegality of Haditha killings
Poland PM spars with high court over 'Orwellian' decommunization law

Friday, May 11, 2007

Germany court rejects Sept. 11 suspect appeal
Mike Rosen-Molina at 6:03 PM ET

[JURIST] A Moroccan man convicted of aiding the Sept. 11, 2001 hijackers lost an appeal to Germany's top criminal court Friday. Mounir el Motassadeq [BBC profile; JURIST news archive] was convicted in November of being an accessory to murder for helping to protect the hijackers and maintain their facade of being regular university students; in January he was sentenced to 15 years in prison. Motassadeq's lawyer has said he may appeal his case to the European Court for Human Rights (ECHR) [official website].

In his first trial in 2003, Motassadeq was convicted on 3,000 charges of aiding and abetting murder and sentenced to 15-years in prison, but the decision was overturned and a new trial was ordered [JURIST report]. In a retrial, the Hamburg Supreme Court convicted [JURIST report] Motassadeq in August 2005 of belonging to a terrorist organization and sentenced him to seven years in prison, but cleared him of his direct involvement in the attacks. AP has more.

Cuba says US release of anti-Castro militant broke anti-terror treaties
Mike Rosen-Molina at 5:43 PM ET

[JURIST] Cuba Friday accused the US of violating international anti-terrorism treaties by freeing anti-Castro militant Luis Posada Carriles [JURIST news archive; case materials] on bail and afterwards dismissing an indictment [JURIST report] against him. In a statement [text] published in state newspaper Granma, the Cuban government said Posada Carriles' release went against UN Security Council Resolution No. 1373 (2001), the International Convention for the Suppression of Terrorist Bombings, and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation [texts].

In April, Posada Carriles was released from a New Mexico jail [JURIST report] after posting bond amidst ongoing debate concerning his release. On Tuesday, Cuban President Fidel Castro blamed the release [JURIST report] for sparking an attempted plane hijacking [Reuters report] by two soldiers that resulted in the death of an army officer in Cuba. Posada Carriles is wanted in both Cuba and Venezuela on terrorism charges relating to the 1976 bombing of a Cuban airline [Wikipedia backgrounder]. AP has more.

Thailand scraps lawsuit plans against Google over YouTube king video
Mike Rosen-Molina at 5:18 PM ET

[JURIST] The Thai government announced Friday that it has decided not to sue internet search giant Google [corporate website] after the company agreed to remove a YouTube video considered insulting to Thai King Bhumibol Adulyadej [Wikipedia profile]. In April Thailand banned [JURIST report] access to the popular video-sharing website YouTube [corporate website], now owned by Google, for hosting a video depicting the king as a clown with feet pasted over his head, an insulting image in Thai culture that can amount to a criminal offense. The video, less than a minute long, received more than 16,000 viewers.

Critics say the government is using the ban as an excuse to ban websites critical of the September 19 military coup [JURIST news archive] that overthrew former Prime Minister Thaksin Shinawatra. AP has more.

UN rights chief says Sudan may have violated international law with Darfur air raids
Mike Rosen-Molina at 4:43 PM ET

[JURIST] Sudan [JURIST news archive] may have violated international law by conducting "indiscriminate and disproportionate" air attacks in late April on at least five Darfur villages, according to UN High Commissioner for Human Rights Louise Arbour [official profile]. Sudanese officials have denied the attacks. Arbour said helicopter gunships and Antonov aircraft were responsible for the attacks on villages near El Fasher in North Darfur, resulting in extensive civilian casualties, including school children.

Since civil war broke out in the Darfur region in 2003, over 200,000 people have been killed and 2.5 million displaced. Reports by the UN Human Rights Council and the International Committee for the Red Cross [official websites] have documented numerous violations of international human rights and international humanitarian law [JURIST reports] based on interviews with refugees, rebel groups, and agencies and authorities working in the region. The International Criminal Court (ICC) [official website] is also conducting an investigation into war crimes [ICC materials] in Sudan; however, Sudan has repeatedly rejected the ICC's jurisdiction [JURIST report]. Reuters has more.

London police avoid disciplinary action in subway shooting of Brazilian
Jeannie Shawl at 3:21 PM ET

[JURIST] Britain's Independent Police Complaints Commission (IPCC) said Friday that 11 Metropolitan Police Service (MPS) [official website] officers will not face disciplinary action [press release] for the fatal shooting [JURIST report] of a Brazilian man two weeks after the July 2005 London transit bombings [JURIST news archive]. The IPCC, however, is waiting to determine whether the four most senior officers involved in the shooting incident will face disciplinary action until the conclusion of legal action against Scotland Yard. The Office of the Metropolitan Police Commissioner has pleaded not guilty [JURIST report] to criminal charges under the 1974 Health and Safety at Work Act [text; backgrounder] for "failing to provide for the health, safety and welfare" of the public in causing the death of Jean Charles de Menezes [advocacy website; BBC profile]; the case is scheduled to go to trial in October.

British prosecutors have decided not to bring individual charges [JURIST report] against the polices officers involved in the shooting. De Menezes' family unsuccessfully appealed [JURIST report] that decision. In a statement [text] Friday, the MPS welcomed the IPCC recommendations and said "The shooting of Jean Charles de Menezes is a matter of very deep regret to the Metropolitan Police Service and our continued thoughts are with his family. We have apologised publicly and in private to them and we would again like to take this opportunity to say sorry for this tragedy." BBC News has more.

Nuclear nonproliferation treaty conference ends without agreement
Mike Rosen-Molina at 2:40 PM ET

[JURIST] A two-week UN conference [official website] to toughen the Treaty on the Nonproliferation of Nuclear Weapons [text] failed to reach any agreement Friday, as the United States and Iran traded accusations of bad faith. The US and its allies said Iran stalled the process by objecting to a phrase emphasizing the "need for full compliance" with the treaty, a phrase which might have allowed countries to take Iran to task for defying the UN Security Council on uranium enrichment. Chief Iranian representative Ali Ashgar Soltanieh, said in turn that the US and its allies had violated the treaty for failing to meet their obligations to disarm.

Iran [JURIST news archive] says that it is pursuing nuclear capabilities solely for use in producing electricity [materials, PDF], a use allowed under the treaty. The US and its allies, however, suspect Iran of working to develop nuclear weapons. AP has more.

Ukraine president dismisses third Constitutional Court judge
Bernard Hibbitts at 2:10 PM ET

[JURIST] Ukrainian President Viktor Yushchenko [official website; BBC profile] has dismissed a third judge from the Ukrainian Constitutional Court [official website], little more than a week after dismissing two others for alleged oath and ethics violations [JURIST report]. The Russian Itar-Tass news service Friday quoted Constitutional Court chairman Ivan Dombrovsky as saying in response that he was "deeply worried by the situation artificially created around the country’s sole body of constitutional jurisdiction." RFE/RL has more. Itar-Tass has additional coverage.

The court is currently considering the constitutionality of Yushchenko's decree [text; JURIST report] dissolving parliament and calling for new elections. He has since issued a second decree [JURIST report] moving the elections to late June. A majority of legislators objected to the decree, filing an appeal with the 18-judge Constitutional Court.

Yushchenko has insisted [JURIST report] that his dissolution decree was proper under the Ukrainian constitution [DOC text] and has said that officials who refuse to comply with his decree could face criminal prosecution [press release; JURIST report]. Yushchenko and current Prime Minister Viktor Yanukovich, who launched the legal challenge to the decree, were fierce rivals in the 2004 presidential election [JURIST report], the results of which were invalidated by the country's Supreme Court [JURIST report] following fraud allegations. Yushchenko was sworn in as Ukraine's president [JURIST report] in January 2005 on the wings of the populist Orange Revolution [BBC timeline] after winning a re-vote. Yushchenko reluctantly accepted Yanukovich as prime minister last June and the two have since clashed over parliamentary attempts to expand the cabinet's power [JURIST reports] at the expense of the presidency.

Federal judge approves Goodling immunity in US Attorney firings
Jeannie Shawl at 1:12 PM ET

[JURIST] US District Judge Thomas Hogan approved an offer of immunity [JURIST report] Friday for former Department of Justice aide Monica Goodling [JURIST news archive], clearing the way for Goodling's testimony before Congress on the firings of eight US Attorneys [JURIST news archive]. Under Hogan's order, Goodling may not refuse to testify. The House Judiciary Committee voted in April to grant Goodling immunity from prosecution [press release]. Goodling told the committee in March that she would not testify about her role in the firings [JURIST report], and stated through her lawyer that she would seek protection under her Fifth Amendment right against self-incrimination if the committee issued her a subpoena. The DOJ said earlier this month that although officials preferred that Goodling not receive immunity, the department would not try to block immunity for Goodling [letter; JURIST report].

Goodling resigned [JURIST report] from her position as White House liaison at the DOJ in April and the DOJ has since opened an investigation [JURIST report] into whether she considered the political affiliations of candidates for career prosecutor positions in the DOJ, contrary to federal law and longstanding departmental practice. AP has more.

Vietnam rights lawyers sentenced for pro-democracy activities
Jeannie Shawl at 11:01 AM ET

[JURIST] Two Vietnamese human rights lawyers were sentenced Friday for violating Article 88 of the Vietnamese criminal code by advocating that Vietnam [JURIST news archive] adopt a multi-party system of government. Nguyen Van Dai and Le Thi Cong Nhan were arrested [JURIST report] in February after they hosted a training session on human rights law. Dai, who said he rejected the four-hour trial as "not right," received a five-year sentence plus an additional four years of probation. Nhan was sentenced to four years in jail and three years probation.

Both lawyers denied the prosecution's allegations that they worked with overseas pro-democracy groups and a Catholic priest who received an eight-year prison sentence [JURIST report] in March for communicating with pro-democracy activists and distributing anti-government documents. AP has more.

Syria dissident gets 12-year sentence for 'encouraging attack' on country
Jeannie Shawl at 10:53 AM ET

[JURIST] Kamal Labwani, a Syrian political dissident who founded a pro-democracy group, was sentenced to 12 years in prison Thursday for "encouraging attack against Syria" after contacting a foreign country. Labwani met with officials from the White House during a visit to the US in 2005, and was arrested [JURIST report] at the airport when he returned to Syria. The US State Department condemned [statement] the "harsh and unjust sentencing," saying:

This action against Mr. Labwani reflects the Syrian regime's contempt for human rights and a legal system devoid of legitimate legal standards. We are also concerned by reports that Mr. Labwani has been subjected to inhumane treatment during his imprisonment. We call upon the Syrian Government to live up to its obligations under the Arab Charter for Human Rights, which it ratified in February 2007, and immediately and unconditionally release all prisoners of conscience.

Labwani's lawyer said that he will appeal the conviction.

Labwani's case is the second high-profile conviction in recent weeks. Human rights lawyer Anwar al-Bunni was sentenced to five years in prison [JURIST report] in late April and required to pay a fine after being convicted of spreading false information harmful to the state. AP has more.

'Chemical Ali' denies Anfal chemical weapons use
Jeannie Shawl at 9:54 AM ET

[JURIST] Ali Hassan al-Majid, known in the Western media as "Chemical Ali" [BBC profile], told the Iraqi High Tribunal Thursday that he did not use or issue an order to use chemical weapons against Kurdish rebels in the late 1980s. During defense closing arguments [JURIST report], al-Majid defended the government of Saddam Hussein [JURIST news archive] for its actions during the "Anfal campaign" [HRW backgrounder], but insisted that he did not know who used chemical weapons, "if they were ever used."

Al-Majid and five other former Hussein-era officials face genocide charges [JURIST news archive] for their alleged involvement in the slaughter of tens of thousands of Kurds during the Anfal campaign. Defense witnesses have repeatedly testified [JURIST report] that the defendants did not have access to chemical weapons and that no orders were received to use them. Prosecutors have sought the death penalty [JURIST report] for Al-Majid and three other defendants and have asked that charges be dropped against one of the defendants due to lack of evidence. Al-Majid became the leading defendant [JURIST report] in the trial following Hussein's execution [JURIST report] last year. The trial has now been adjourned until June 10. AP has more.

Marine commander says staff failed to warn on potential illegality of Haditha killings
Jeannie Shawl at 9:21 AM ET

[JURIST] Maj. Gen. Richard A. Huck, commander of the US Second Marine Division in Iraq when 24 Iraqi civilians were killed at Haditha [USMC timeline; JURIST news archive] in November 2005, told a military panel Thursday that his staff failed to inform him of allegations that the civilians may have been killed in violation of the law of armed conflict, and that he thought the deaths were an unfortunate but unavoidable consequence of fighting with insurgents. Huck was testifying at the Article 32 hearing [JAG backgrounder] for Capt. Randy W. Stone, a Marine lawyer charged [list; press release] with violation of a lawful order and dereliction of duty in failing to properly investigate the incident. Stone's hearing continues for a fourth day [AP report] Friday. The New York Times has more.

The Haditha investigation has culminated in the largest US military prosecution involving civilian deaths during the war in Iraq. In addition to Stone, three other officers have been charged with similar dereliction of duty offenses and an additional three Marines have been charged with unpremeditated murder. Murder charges against Sgt. Sanick Dela Cruz were dropped [JURIST report] last month in exchange for his testimony against the other Marines involved. An official report on the incident by US Army Major General Eldon Bargewell found "serious misconduct" [JURIST report] on all levels of the US Marine Corps chain of command.

Poland PM spars with high court over 'Orwellian' decommunization law
Bernard Hibbitts at 8:34 AM ET

[JURIST] Polish Prime Minister Jaroslaw Kaczynski [official profile] said Thursday that the judges of Poland's Constitutional Tribunal [official website] could be charged if they act improperly in ruling on the legality of a so-called Lustration Law [RFE backgrounder; BI backgrounder on "lustration" generally] passed in October 2006 requiring over 700,000 Polish professionals - academics [IPN announcement], journalists, lawyers, diplomats and managers of state-owned companies - to file affidavits swearing they they never co-operated with the country's Communist-era secret police. Poland was governed by a Soviet-installed Communist regime from 1945-1989 [Wikipedia backgrounder]. Lawmakers, judges and government ministers were already subject to a previous more limited version of the legislation. The law, pushed through by the virulently anti-Communist center-right government in fulfillment of a 2005 campaign pledge, was challenged by Poland's human rights ombudsman and members of the ex-Communist Social Democrats ahead of its scheduled May 15 compliance deadline. Critics - including former prime minister Tadeusz Mazowiecki - have derided the legislation as humiliating and creating an "Orwellian-style ministry of truth." They say that only some 5 percent of those subject to the law have so far complied with it, and that most are awaiting the court's ruling.

The government is trying to delay a court ruling that might block the law. Earlier this week it sought to have four judges on the court removed for bias - a motion that was denied - but later succeeded in forcing the recusal of two who were the subjects of secret police files now held by the National Institute of Remembrance (IPN) [official website]. The files appear to be minimal or innocuous and do not designate either judge as an informer. Jaroslaw Kaczynski - whose twin brother Lech is Poland's president [official website] - has insisted that all the judges on the court should go before a decommunization tribunal themselves before ruling on the law's constitutionality. In saying Thursday that the judges could be charged he insisted, however, that he had no plans to charge anyone and was simply indicating that the possibility existed. AFP has more. Eastern European Review has local coverage.

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