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 Legal news from Monday, October 26, 2009 |
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Monday, October 26, 2009 |
Sri Lanka to order independent probe of human rights abuse allegations
Haley Wojdowski at 3:22 PM ET
[JURIST] Sri Lankan Minister for Disaster Management and Human Rights Mahinda Samarasinghe [official profile] announced Monday that President Mahinda Rajapaksa [official website] has decided to appoint an independent committee to investigate allegations of human rights violations in that nation. "Incidents During the Recent Conflicts in Sri Lanka" [text], a US Department of State (DOS) [official website] report presented to Congress, recounts the alleged conduct of both the Sri Lankan government and Liberation Tigers of Tamil Eelam (LTTE), which may constitute violations of international humanitarian law (IHL), crimes against humanity, and harms against civilians. The report focuses on January through May 2009, a period in which fighting intensified before Sri Lankan government forces put down the LTTE forces. Samarasinghe stated [official press release]:
The report does not reach legal conclusions as to whether the incidents described herein actually constitute violations of IHL, crimes against humanity or other violations of international law. Nor does it reach conclusions concerning whether the alleged incidents detailed herein actually occurred.
Russian Foreign Minister Sergei Lavrov [official website] expressed confidence that Sri Lanka’s legal system is capable of handling any ensuing complaints.
On Thursday, the DOS urged Sri Lankan officials to investigate reports of human rights violations and war crimes connected with the last months of the internal armed civil conflict [JURIST reports] by both the government and rebel forces, and to prosecute those responsible. Last month, UN Under-Secretary-General for Political Affairs B. Lynn Pasco [official profile] encouraged [JURIST report] the Sri Lankan government to conduct an independent inquiry, and to increase its pace in shutting down camps and achieving political reconciliation among the country's warring ethnic factions. The Sri Lankan government finished its internal investigation in June and refused to permit [JURIST report] an external probe to conduct a full investigation. Human rights advocates remain concerned about both potential human rights violations in the LTTE members' trials and Tamil civilians in camps. In May, as the country's decades-long civil war was coming to an end, Rajapaksa denied [JURIST report] humanitarian groups full access to refugee camps, saying that they still needed to be screened for rebel fighters.
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Israel government to form task force to respond to UN Gaza report
Hillary Stemple at 2:53 PM ET
[JURIST] Israeli Prime Minister Benjamin Netanyahu [official profile] on Monday announced the formation of a task force to respond to the Goldstone Report [text, PDF], which accused both Israeli Defense Forces (IDF) [official website] and Hamas [GlobalSecurity backgrounder] fighters of war crimes during last winter's Operation Cast Lead [Global Security backgrounder]. The task force will be led [Haaretz report] by Justice Minister Ya'akov Ne'eman. The Israeli government has reportedly ruled out conducting an independent investigation into the report's allegations, and IDF soldiers and officials will not be brought before a commission of inquiry. The task force will report back on the report's ramifications and make recommendations for further action.
The formation of the task force comes two weeks after the UN Human Rights Council (UNHRC) [official website] passed a resolution officially endorsing [JURIST report] the final report of the UN Fact Finding Mission on the Gaza Conflict [official website], which recommended that both Israel and Hamas conduct credible investigations into the alleged human rights violations taking place during the conflict or face referral to the International Criminal Court (ICC) [official website]. Israel condemned the UNHRC resolution, calling the report "one-sided" and urging the international community to reject the findings [JURIST report]. The IDF launched [JURIST report] an internal investigation into alleged misconduct in July. In April, an internal Israeli military investigation found that war crimes had not been committed [JURIST report] in the offensive despite individual reports by Israeli soldiers [Haaretz report].
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Russia rights activist killed in North Caucasus region
Carrie Schimizzi at 2:46 PM ET
[JURIST] A prominent opposition leader and human rights activist in Russia's southern province of Ingushetia [official website, in Russian; BBC backgrounder], Maksharip Aushev, was reportedly shot dead Sunday while traveling on a highway in the North Caucasus region of Kabardino-Balkaria. According to Russian media, the unidentified gunmen fired more than 60 shots [Moscow Times report] at Aushev's vehicle, killing him and wounding a female passenger. Aushev, an outspoken critic of former Ingush president Murat Zyazikov and Ingush state security forces, was the target of a failed kidnapping attempt in September and had been repeatedly threatened. Ingush President Yunus-Bek Yevkurov, who replaced Zyazikov, expressed his condolences and promised [official statement, in Russian] "to make every effort to uncover the crime." The Kabardino-Balkaria Ministry of Internal Affairs has announced a reward for information that helps identify the killers. Aushev was buried Monday in the village of Surkhakhi, where more than 3,000 supporters came to mourn his death [Moscow Times report].
Ashev's death is at least the third killing of a human rights defender in Russia in recent months. In August, Chechen activist Zarema Sadulayeva and her husband, Alik Dzhabrailov were found dead [JURIST report] after being abducted [Moscow Times report] from the office of her charity organization. The killings followed the kidnapping and shooting death [JURIST report] of one of Chechnya's best-known rights activists, Nataliya Estemirova [BBC obituary], in July. Earlier this year, Russian Human Rights Commissioner Vladimir Lukin [official profile] expressed concern [JURIST report] that rights activists in Russia were being attacked with greater frequency.
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Uruguay voters reject referendum to end amnesty for dictator-era rights abuses
Ann Riley at 1:22 PM ET
[JURIST] Uruguayan voters on Sunday rejected an initiative to end the country's Expiry Law [text, in Spanish], which grants amnesty to military officials accused of human rights violations during the country’s 1973-1985 dictatorship. With approximately 48 percent voting in support, the referendum [text, PDF, in Spanish] to overturn the law fell short [El Pais report, in Spanish] of the required 50 percent majority to nullify. Amnesty International (AI) [advocacy website, in Spanish] last week urged [press release] voters to overturn the law, stating that the victims of the human rights violations deserved justice. AI alleges that 99 percent of political prisoners held under the dictatorship, numbering up to 7,000, claim to have been tortured.
Last week, the Uruguay Supreme Court [official website, in Spanish] found [JURIST report] the Expiry Law unconstitutional. The court's ruling applies only to the case of Nibia Sabalsagaray, allegedly murdered by the military in 1974. The Court ruled that the law violated separation of powers and constitutional sovereignty [El Pais report, in Spanish]. Though the law was not overturned by referendum Sunday, the ruling is likely to influence future decisions. Adopted in 1986 and upheld by a previous referendum in 1989, the law requires judges to consult executive officials to determine its applicability when hearing cases involving human rights violations. In 2005, Argentina's Supreme Court struck down similar amnesty laws [JURIST report] adopted in the 1980s to protect potential defendants, prompting the government to reopen hundreds of human rights cases.
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Hawaii Supreme Court orders monthly closures to ease financial problems
Jay Carmella at 1:04 PM ET
[JURIST] The Supreme Court of Hawaii [official website] announced [order, PDF; press release] Friday that state courts will be closed two Fridays each month beginning in November 2009. Chief Justice Ronald Moon [official profile] found that the difficult decision [Honolulu Star-Bulletin report] was necessary due to the financial conditions that currently exist in Hawaii. Moon ordered:
In consideration of (1) the economic circumstance of the State of Hawaii, (2) Judiciary employee furloughs due to the economic circumstance of the State of Hawaii, and (3) other resource changes due to the economic circumstance of the State of Hawaii, the courts of the State of Hawaii will be closed on days that would, in other circumstances, be usual and customary court business days.
The court's schedule [PDF] attempts to match other state government departments that have faced similar challenges due to employee furloughs. This includes the Department of Education [official website], which has faced criticism [Honolulu Star-Bulletin report] over a proposal to reduce the number of school days for financial reasons.
State workers in Hawaii are frustrated by the furloughs [Honolulu Star-Bulletin report], which began last week. The state has justified the action, by stating that furloughs are preferable to lay-offs or tax increases. Hawaii is not the only state judiciary that has faced closures due to financial concerns. In September, California began [JURIST report] closing state courts in an effort to reduce the state's budget gap. The California closures were authorized as part of California Code 68070 [text], which allows for closure of the courts one day per month, "for the transaction of judicial business for one day per month and may adopt rules of court to implement this section."
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ICTY adjourns Karadzic war crimes trial after failure to appear
Patrice Collins at 12:18 PM ET
[JURIST] The International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] on Monday temporarily adjourned proceedings against former Bosnian Serb leader Radovan Karadzic [case materials; JURIST news archive] after Karadzic failed to appear for the opening of his war crimes trial. Karadzic announced last week that he planned to boycott [JURIST report] his trial because he had not been given adequate time to prepare a defense. Presiding judge O-Gon Kwon adjourned the first day of the prosecution's opening statements after waiting for Karadzic, who is representing himself, to appear. Kwon said proceedings would resume Tuesday, effectively preparing to try Karadzic in abstentia if he fails to appear again. Karadzic's legal adviser told the Associated Press that Karadzic would not attend [AP report] on Tuesday.
Kwon previously denied Karadzic's request for a 10-month delay last month. Earlier this month, Karadzic asked the UN Security Council to grant him immunity from trial after the ICTY appeals chamber rejected [JURIST reports] his argument that he was promised immunity by former US ambassador to the UN Richard Holbrooke in exchange for his resignation. Karadzic faces 11 charges [amended indictment, PDF], including genocide and murder, for war crimes committed during the 1992-1995 Bosnian war.
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Ontario law banning use of handheld devices while driving takes effect
Zach Zagger at 11:04 AM ET
[JURIST] An Ontario law [text] banning the use of handheld devices while driving took effect [press release] Monday, outlawing text messaging and talking on a cellphone while behind the wheel. The ban makes it illegal to use any handheld wireless communication devices but also extends to any device with a screen that can take the driver's eye off the road, including laptops and portable DVD players. Popular devices like iPods and GPSs are still legal as long as they are mounted to the dashboard. There are also exceptions for emergency workers and for all calls to 911. The new law will impose a CAN $500 fine [press release] after a three-month education period that ends on February 1, 2010.
Ontario joins other jurisdictions in Canada and the US to pass similar bans including Quebec, Nova Scotia, Newfoundland and Labrador, California, and New York. Earlier this month, US President Barack Obama signed [JURIST report] an executive order [text] making it illegal for federal employees or government contractors to use text messaging while driving. A 2006 study [study] by the Virginia Tech Transportation Institute [official website] found that drivers who are dialing a handheld phone are 2.8 times more likely to get into a crash or near crash. Still, some have criticized bans on using technology while driving. Dave McCurdy, CEO of the Auto Alliance [advocacy website], an automobile industry advocacy group, cautioned [Huffington Post op-ed] that increasing restrictions on technology use in automobiles may cross a threshold and hinder more than help. But the Auto Alliance's official position [press release] supports legislation that bans text messaging while driving.
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South Korea scientist found guilty of embezzlement and bioethics violations
Jonathan Cohen at 10:43 AM ET
[JURIST] The Seoul Central District court on Monday found Dr. Hwang Woo-Suk [BBC profile] guilty of embezzling research funds and bioethics violations. Hwang was acquitted on fraud charges and given a two-year suspended sentence instead of the four-year sentence requested by the prosecution. Hwang, who worked for the Seoul National University (SNU) [academic website], was charged [JURIST report] in 2006 with fraud, embezzlement, and violating bioethics laws for his claims that he had produced stem cell lines by cloning human embryos – a breakthrough that could lead to therapies for Alzheimer's disease and other now-incurable illnesses. SNU later discredted [report text] both claims.
Hwang, who is accused of using some USD $2.91 million dollars in public money to buy human eggs for his project, has apologized for the false claims but said he was deceived by two subordinates. Hwang sued SNU for reinstatement after his trial began [JURIST reports] in June 2006. In his reinstatement lawsuit, Hwang argued that Alzheimer's patients and others who could benefit in the future from Hwang's stem cell research were harmed by Hwang's dismissal, which prevented him from conducting further stem cell research. The UN called for a global ban [JURIST report] on human cloning [JURIST archive] in 2007.
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Former Uruguay military chief sentenced to 25 years for homicides during dictatorship
Safiya Boucaud at 10:26 AM ET
[JURIST] Former Uruguay military dictator and army chief Gregorio Alvarez was convicted of crimes against humanity and sentenced to 25 years in prison Thursday for his role in 37 homicides during the country's 1973-1985 military rule [LOC backgrounder]. Alvarez, who served as commander in chief and later as de facto president, was allegedly responsible for the secret transfers and disappearance [El Pais report, in Spanish] of about 150 political prisoners in 1978, all of whom are presumed dead. Also Thursday, former navy captain Juan Carlos Larcebau was sentenced to 20 years on charges of aggravated homicide for his role in the killings of 29 people during the same era. Alvarez, who was indicted [JURIST report] for crimes against humanity in 2007, was not present in court when the sentence was handed down, citing illness.
Last week, the Uruguay Supreme Court [official website, in Spanish] ruled that the country's 1986 amnesty law [text], which has prevented suspects accused of human rights violations during the country's dictatorship from being brought to trial, is unconstitutional [JURIST report]. That ruling applied only to that particular case, but may set a precedent for future cases. In 2006, eight former Uruguay police and military officers were indicted [JURIST report] on counts of kidnapping and conspiracy related to the 1976 disappearances of five members of a Uruguayan leftist group who fled to Argentina and were detained by police.
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Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.
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