Author: JURIST – Paper Chase

[JURIST] A judge in the US District Court for the Southern District of New York on Friday rejected a proposed settlement to address the claims of people with illnesses from working on the World Trade Center (WTC) in the months following 9/11. Judge Alvin Hellerstein cited concerns over the fairness of claim amounts and the process to determine compensation as over-complicated. In addition, the judge said that lawyer fees should be limited and paid by the WTC Captive Insurance Company rather than by the claimants. The settlement, announced last week, would have addressed more than 10,000 claims and would have awarded up to $657 million if all claimants accepted the settlement. Claimants would have been required to accept the terms of their settlement within 90 days and would have been allowed to appeal settlement amounts. Hellerstein will now require WTC Captive Insurance to consult with claimants on the settlement’s terms, and he ordered judicial supervision of the claims process. The settlement will not be considered finalized until 95 percent of claimants have approved it. WTC Captive Insurance President Christine LaSala decried the judge’s decision on what the insurer views as a fair settlement, and considered that the decision would render compensating claimants more difficult.
The WTC Captive Insurance Company is a non-profit company that was created by Public Law 108-7 with $1 billion in Federal Emergency Management Agency (FEMA) funding to provide for workers’ claims over sicknesses contracted from exposure at the WTC site in the months following 9/11. In 2007, the City of New York agreed to enter into settlement negotiations over a federal class action lawsuit filed on behalf of more than 9,000 emergency and cleanup workers who may have inhaled toxic dust at WTC site, which Hellerstein allowed to proceed.

[JURIST] The US Court of Appeals for the Second Circuit ruled Friday that the Federal Reserve must release information about loans it made to banks during April and May 2008, a key moment in the financial crisis. The information was sought by Bloomberg News under the Freedom of Information Act (FOIA). The Second Circuit affirmed a ruling by the US District Court for the Southern District of New York and rejected the Federal Reserve’s argument that the records fall under FOIA exceptions four and five and that the information was privileged. In rejecting the Federal Reserve’s argument, the court said:
The Board and the Clearing House undertake to show that disclosure would harm the banks that borrowed (by disclosing their prior distress) and the banking system as a whole (because banks under stress may hesitate to seek relief or rescue), and that these harms will reduce the effectiveness of measures critical to the banking system. The arguments are plausible, and forcefully made. But a test that permits an agency to deny disclosure because the agency thinks it best to do so (or convinces a court to think so, by logic or deference) would undermine “the basic policy that disclosure, not secrecy, is the dominant objective of.”In a companion case brought by Fox News, the court ruled that the Federal Reserve must disclose loan information between August 2007 and November 2008. Earlier this week, Senate Democrats introduced a bill to increase financial regulation in light of the recent crisis. In September, banking industry regulators defended themselves in front of the US House of Representatives Financial Services Committee. President Barack Obama has called for greater oversight of the banking industry. In July, Obama sent draft legislation to Congress that would put the Federal Reserve in charge of regulating the largest financial firms.

[JURIST] The criminal court of Evry on Thursday convicted 14 members of neo-Nazi group Nomad 88. The defendants faced charges for their participation in a combat group, the illegal detention of weapons and explosives, and their responsibility in a shoot-out in 2008. The two leaders of the group, Camille Farout and Thomas Coumont, were sentenced to four and three years imprisonment respectively, with partially suspended sentences, and ordered to pay damages. The other members received shorter or suspended sentences. The prosecution had demanded sanctions ranging from fines to 42 months of imprisonment. The hearing revealed that although the group was in possession of a substantial quantity of weapons and had engaged in military training, the ideological component was far from developed. The group committed mainly hate crimes, targeting easily identifiable social groups such as Romas or immigrants. The court was told that since the start of the legal proceedings in 2008, the members had broken their ties to the neo-Nazi movement.
Formed in 2007, the group was disbanded in mid-2008 following the arrest of two of its members involved in a shoot-out. During its existence, it formed ties with other extremist nationalist groups, such as the Socialist Right, which are still in operation today despite governmental surveillance and efforts to suppress the movement.

[JURIST] The Turkish government indicted 33 people Friday on charges of attempting to overthrow the government and establish military rule. The accused, some of whom include high-ranking military officials, are alleged to have plotted with a secret group called Ergenekon to assassinate prominent members of Turkey’s Christian and Jewish minority groups, blame Islamic terrorists for the deaths, and seize power in the process. The plot was never carried out. A trial date is set for June 15.
Earlier this week, Turkish police detained 20 people in connection with the alleged Ergenekon plot. Turkish prosecutors recently charged an army general and a state prosecutor with belonging to Ergenekon and plotting to overthrow Turkey’s ruling Justice Development Party (AKP). In February, more than 40 military officers were arrested and charged with a separate plot, the so-called Sledgehammer plot, to stage a coup by provoking a military confrontation with Greece and take advantage of the ensuing chaos. The Ergenekon investigation has been criticized as an attempt by the AKP to silence the opposition and impose islamic principles on secular Turkey. Trials against the Ergenekon group started two years ago.

[JURIST] Iranian authorites jailed a reform movement leader after an appeals court upheld a one-year-sentence for spreading propaganda against the Islamic republic, according to an opposition website Friday. Hossein Marashi was a leading supporter of Mir Hossein Mousavi who opposed President Mahmoud Ahmadinejad in the disputed presidential election last June. Marashi was an opposition party spokesman for the Executives of Construction and previously served as head of cultural and tourism under former president Mohammed Khatami. The court also upheld a ban on Marashi from participating in party political activity for six years.
Earlier this month, an Iranian appeals court upheld [JURIST] the death sentence for a 20-year-old student who took part in anti-government protests in December. Mohammad Amin Valian was convicted of Moharebeh, which means waging war against God and is punishable by death under Iranian law. Also in March, the official Iranian press supervisory body banned reformist daily newspaper Etemaad and moderate weekly magazine Iran Dokht. In late February, six journalists were released from a Tehran prison, while many others remain incarcerated for their reformist views. In February, a joint US-EU statement condemned Iranian action against protesters and other critics of government policy. The Iranian government responded strongly to opposition following June’s disputed elections, prompting additional criticism from rights groups and advocacy organizations.

[JURIST] Philippine lawyers and activists protested Friday in front of the Supreme Court in Manila following Wednesday’s ruling, which held that the constitution does not prevent President Gloria Macapagal-Arroyo from replacing retiring Chief Justice Reynato Puno prior to the May presidential elections. Among the activists were Philippine lawyers who used black candles to burn photos of the nine justices who ruled in favor of the decision. The right to protest is guaranteed in Article 3, Section 4 of the Philippine Constitution, but a Supreme Court official warned that lawyers participating in the protests would be disbarred if they exceed the legal limits of their right to protest. The appointment of the next chief justice has political significance because Arroyo’s term ends June 30, and the appointment could be used to confer a political advantage in a reelection campaign.
The Supreme Court has previously sided with Arroyo, ruling last month that she is eligible to run for senate after her presidential term expires. The court found the law requiring appointed officials to resign when they declare their candidacy for elected office is constitutional, but that the ruling does not affect elected officials. Also last month, the Philippine Department of Justice (PDOJ) charged 197 people with murder in connection with the November massacre in the semi-autonomous Maguindanao province that left 57 dead. Among those charged is Andal Ampatuan Sr., a former political ally to Arroyo. Following the killings, Arroyo imposed martial law and suspended habeas corpus in the province. She later lifted the conditions, following international pressure and domestic legal challenges.

[JURIST] The US Food and Drug Administration (FDA) on Thursday announced a final rule restricting tobacco sales and promotions directed at youth. The Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents are a set of broad regulations “designed to significantly curb access to and the appeal of cigarettes and smokeless tobacco products to children and adolescents in the United States.” In order to do so, the FDA said that this rule:
prohibits the sale of cigarettes or smokeless tobacco to people younger than 18, prohibits the sale of cigarette packages with less than 20 cigarettes, prohibits distribution of free samples of cigarettes, restricts distribution of free samples of smokeless tobacco, and prohibits tobacco brand name sponsorship of any athletic, musical or other social or cultural events.The FDA first began to regulate the tobacco industry in 1996, but,, in 2000 the US Supreme Court ruled in FDA v. Brown & Williamson Tobacco Corp. that Congress had not provided the FDA with the authority to regulate tobacco products. The new rule, which comes 15 years after the FDA first proposed banning the sale and marketing of tobacco to youth, will go into effect June 22 as law. In August, several tobacco companies filed a federal lawsuit challenging the Family Smoking Prevention and Tobacco Control Act on First Amendment grounds. In June, President Obama signed the act into law, just two weeks after it was approved by Congress. The law attempts to safeguard the public by granting the FDA certain authority to regulate tobacco products, among other provisions. Last year, the House Energy and Commerce Committee voted 38-12 to approve the bill. The US Senate Health, Education, Labor and Pensions Committee approved a similar bill in August 2007. Shortly before that, the former FDA commissioner said that the FDA lacked the resources to handle tobacco regulation.

[JURIST] Retired US Marine Corps General John Sheehan testified before the US Senate Armed Services Committee (SASC) on Thursday that he believes the Dutch military’s inclusion of openly gay soldiers is partially responsible for the severity of the 1995 Srebrenica massacre during the Bosnian civil war. Sheehan, a former NATO Supreme Allied Commander, made the remarks during a hearing charged with evaluating the future of the US military’s “Don’t Ask, Don’t Tell” policy. He argued that the Netherlands and several other European countries reconfigured their militaries for less demanding peacekeeping roles after the fall of the Soviet Union and subsequently “made a conscious effort to socialize their military – that includes the unionization of their militaries, it includes open homosexuality.” The result, Sheehan contends, rendered their armed forces weaker and less effective. Dutch Minister of Defense Eimert van Middelkoop called the comments “utter nonsense”.
The Military Readiness Enhancement Act of 2010 was introduced in the Senate earlier this month, and would allow gay soldiers to serve openly if approved. The repeal of the controversial “Don’t Ask, Don’t Tell” policy has been an important issue for US President Barack Obama since he took office, and its inclusion in the State of Union Address makes it clear that it remains a priority for the administration. In January, legal advisers for the US Chairman of the Joint Chiefs of Staff, Adm. Mike Mullen, suggested that he delay any internal efforts to repeal the policy until 2011. In October, Obama pledged to end the controversial policy. After the US Supreme Court denied certiorari to review the policy in June, the SASC announced that it would hold hearings to review it. In 2008, more than 100 retired admirals and generals of the US military called for a repeal of the policy.

[JURIST] Iraq’s Independent High Electoral Commission (IHEC) on Friday dismissed allegations of election fraud from a member of the European Parliament. After the March 7 parliamentary elections, head of the European Parliament’s Delegation for Relations with Iraq, Struan Stevenson, reported that he had received a “flood” of complaints about election fraud. He said:
The issue of fraud and ballot-rigging perpetrated by the Iranian regime and the ruling State of Law coalition is an extremely worrying situation for all political parties in Iraq. Many political leaders and officials who have participated in the elections have revealed such cheating with precise details during numerous interviews with the press and in emails to me and telephone conversations.In its response, the IHEC called the fraud claims “baseless,” but also expressed a willingness to investigate the allegations and take corrective measures if necessary. Also, on Wednesday, the State of Law Coalition led by Iraqi Prime Minister Nouri al-Maliki alleged fraud and asked the IHEC to conduct a recount. In contrast, UN election observers reported that they have not seen any indicators of large-scale election fraud. Fraud allegations are the latest in a series of problems plaguing the parliamentary elections. Last month, an Iraqi appeals panel ruled that 28 previously banned candidates could stand for election. The Responsibility and Justice Committee had initially ruled that some 500 banned candidates could stand for election despite allegations of ties to Saddam Hussein’s Baath Party. The decision was characterized by the Iraqi government as illegal, and was reversed when the panel acknowledged that it did not have to rule on all 500 candidates at once. Last year, the Iraqi parliament approved an amended version of a controversial election law after numerous delays. The new version of the law increased the number of seats in parliament from 275 to 325, with 310 of those seats allotted to Iraq’s 18 provinces and the remainder reserved for Iraqis living outside the country.

[JURIST] Senators Charles Schumer (D-NY) and Lindsey Graham (R-SC) on Thursday unveiled their proposal for comprehensive immigration reform. The plan entails four principal tenets: improving border security, creating a system through which temporary workers would be admitted, introducing biometric identification cards, and instituting a process to legalize illegal immigrants currently residing within the US. Undocumented immigrants would receive legal status upon paying back taxes and fines, submitting to background checks, completing an English proficiency examination, and performing community service. All job-seeking US citizens and legal immigrants would be issued a tamper-proof Social Security card containing biometric identification information, which potential employers would use to confirm an applicant’s identity and employment eligibility. Additionally, immigrants earning an advanced science, engineering, technology, or math degree from a US institution would receive green cards. The senators underscored the need for swift action, saying:
Our immigration system is badly broken. Although our borders have become far more secure in recent years, too many people seeking illegal entry get through. We have no way to track whether the millions who enter the United States on valid visas each year leave when they are supposed to. And employers are burdened by a complicated system for verifying workers’ immigration status.The proposal was met with praise from President Barack Obama, who encouraged the senators to draft corresponding legislation.The Office of Immigration Statistics of the US Department of Homeland Security (DHS) released a report in February estimating that the total number of illegal immigrants living in the US fell to 10.8 million during the year ending in January 2009, a seven percent decline from the previous year. In December, Democratic lawmakers introduced an immigration reform bill in the US House of Representatives that would give undocumented immigrants an easier path to seek legal status in the country. The proposed legislation, titled the Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 (CIR ASAP), follows the Obama administration’s announcement that it would seek immigration reform early in 2010. In November, DHS Secretary Janet Napolitano said that the proposed reform legislation would be a “three-legged stool” that combines effective and fair enforcement, an improved process for legal immigration, and a “firm but fair way” to deal with illegal immigrants who are already in the US. The proposed bill is also the first attempt at immigration reform since the failed Comprehensive Immigration Reform Bill in 2007. At that time, detractors called the bill too lenient on illegal immigrants and said that by granting legal status to illegal aliens, the US was granting “amnesty.”

[JURIST] The US Court of Appeals for the Ninth Circuit on Thursday denied a petition by former attorney general John Ashcroft to reconsider its decision that Ashcroft is not entitled to absolute and qualified immunity in an unlawful detention case. By declining to rehear its previous ruling, the court is allowing the lawsuit by US citizen Abdullah al-Kidd to go forward. Ashcroft could be found personally liable for misusing the material witness statute. The court was split in its decision. In the dissent, Judge O’Scannlain questioned the scope of the majority’s decision. He wrote:
By permitting al-Kidd’s suit to proceed, the majority commits two distinct but equally troubling legal errors, each of which will have far-reaching implications for how government officials perform their duties. First, the majority strips Ashcroft of his official immunity, holding that it was clearly established at the time of al-Kidd’s arrest that prosecutors violate the Fourth Amendment when they obtain and execute a material witness warrant as a pretext for other law enforcement objectives. Second, by holding that Ashcroft may be personally liable if his subordinates swore false affidavits to obtain the warrant authorizing al-Kidd’s arrest, the majority stretches beyond recognition the rule that a government official is liable only when he personally violates the constitution.The majority opinion responded directly to the dissenting judges, rejecting their analysis and the potential ramifications from the decision. Upon learning of the court’s decision, American Civil Liberties Union (ACLU) Immigrants’ Rights Project Deputy Director Lee Gelernt criticized Ashcroft saying that he “deliberately distorted the federal material witness law to allow the detention of innocent people. …e should be held personally liable.”Ashcroft has faced a number of lawsuits for his actions while attorney general. In December, the US Court of Appeals for the Second Circuit ruled that post-arrest detention is legal in cases where the detainees are reasonably detained in a case, finding Ashcroft not liable. The government had settled with five of the plaintiffs for $1.26 million in November, despite admitting no wrongdoing. Ashcroft had previously claimed absolute immunity because his actions to seek a material witness warrant were those of a “prosecutor.” He had claimed qualified immunity as an attorney general because his actions furthered an investigatory or national security function. In September, the Ninth Circuit rejected both of those claims, upholding a lower court decision. In May, the US Supreme Court ruled that a similar case challenging Ashcroft’s immunity from lawsuits for mistreatment of prisoners could not go forward because of failure to adequately state a claim.

[JURIST] US citizen and Chicago resident David Headley pleaded guilty to 12 counts of federal terrorism Thursday, including charges related to the 2008 Mumbai terror attack and an alleged plot against the Danish creator and publishers of controversial cartoons depicting the Prophet Muhammad. The government had accused Headley of conducting surveillance in preparation for the Mumbai attack for the terrorist organization Lashkar-e-Taiba (LeT), which is blamed for the attack. Headley was also charged with conspiring to bomb the headquarters of Danish newspaper Jyllands-Posten, which published the cartoons. In January, Headly pleaded not guilty to the charges in the US District Court for the Northern District of Illinois. It is thought he changed his plea to avoid extradition to India, Pakistan, or Denmark, or to avoid capital punishment.
In January, an Indian court rejected a request by the lone surviving gunman from the Mumbai attacks for an international trial. Muhammad Ajmal Amir Kasab claimed he would not receive a fair trial in India. Kasab, whom India claims participated directly in the Mumbai attacks, said during his trial that he had met Headley while in jail after being arrested. The US Department of Justice (DOJ) has charged three men along with Headley for their role in the Mumbai attacks and plot against the Danish Newspaper. Tahawwur Rana, a Chicago resident with Canadian citizenship, was charged with three counts of providing material support to terrorism, one each for his alleged roles in the Denmark plan and Mumbai attacks, and a third for alleged involvement with LeT. Retired Pakistani military officer Abdur Rehman and Ilyas Kashmiri, who is believed to have ties to al Qaeda, were also named in the indictment. Both face one count of conspiracy and one count of providing material support to terrorism for their alleged participation in the Danish newspaper plot. Rana is in federal custody and has pleaded not guilty, and Rehman and Kashmiri remain at-large.

[JURIST] Gambian prosecutors on Thursday charged 10 men, including top military officials, with conspiring to overthrow the government of President Yahya Jammeh. The prosecution claims the men procured arms and troops in anticipation of a military coup. Eight of the ten men charged have been under arrest since November.
Last week, an opposition official complained of frequent incidents of indefinite detention of citizens, including government officials, without charges being filed. In February, Gambia ordered an envoy from UNICEF to leave the country. Last September, Jammeh threatened to kill human rights workers who threatened to destabilize his regime. Also in September, Jammeh pardoned six journalists who had been jailed for criticizing him. In 2006, 10 military officers were sentenced to jail for planning to overthrow Jammeh.

[JURIST] A Guatemalan criminal court ruled Wednesday that former Guatemalan president Alfonso Portillo can be extradited to the US to face charges of money laundering. Portillo, who was president of Guatemala from 2000 to 2004, has been charged in the US District Court for the Southern District of New York on information provided by former members of Portillo’s government. He is accused of taking $15.8 million from funds designated for the Guatemalan Ministry of Defense and siphoning it into bank accounts in Europe and Bermuda. The former president maintains he is not guilty of any of the charges. Portillo might face corruption charges in Guatemala before being extradited. Portillo’s lawyers plan to appeal the extradition order.
Portillo was arrested in January following an arrest warrant issued by Guatemala based on the US indictment. In 2008, Portillo was extradited back to Guatemala from Mexico, where he had fled after his immunity expired along with his term in office. The extradition order was first signed in 2006, but Portillo challenged it until the Mexican Supreme Court ruled against him in January 2008. Numerous members of Portillo’s cabinet were arrested and tried on fraud charges during his time in exile.

[JURIST] New Jersey same-sex couples who previously sued for marriage equality filed suit again Thursday seeking to legalize same-sex marriage. The case is being brought on behalf of six couples and the surviving partner of a seventh by Lambda Legal. They filed a motion in the Supreme Court of New Jersey arguing that the decision handed down in 2002 in Lewis v. Harris, which said same-sex couples should have “full rights and benefits enjoyed by heterosexual married couples,” is not being followed adequately with civil unions. The plaintiffs claim that they “and other committed lesbian gay partners in New Jersey live in second-class circumstances, relegated to demonstrably inferior, state-created status of civil unions.” They argue that same-sex couples lack workplace benefits and protections, face unequal treatment and lack of recognition in public accommodations and civic life, and that their children are “prejudiced by the unequal and inferior legal and social status” of civil unions.
In January, the New Jersey Senate voted 20-14 to defeat a bill that would have legalized same-sex marriage in the state. The Senate Judiciary Committee had voted 7-6 in favor of the bill in December, marking the first time that any body in the state legislature had approved same-sex marriage legislation. Same-sex marriage is currently legal in Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, and Washington DC. New Jersey has recognized same-sex civil unions since 2006.

[JURIST] Turkish police detained 20 people Thursday in connection with the alleged Ergenekon conspiracy to overthrow the Islamist-rooted government. Among those arrested are retired and active military officers, but the identities and ranks of the individuals have not been released. The arrests are part of an ongoing operation to investigate the Ergenekon conspiracy by the ruling Justice Development Party (AKP), which is currently at odds with the secular-rooted military and judiciary. More than 200 people have been arrested in connection with the Ergenekon conspiracy.
Earlier this month, Turkish prosecutors charged an army general and a state prosecutor with belonging to Ergenekon. The AKP is also investigating another alleged coup plot, the “Sledgehammer,” led by high-ranking military officials. In February, Turkish President Abdullah Gul, Prime Minister Recep Tayyip Erdogan, and the Chief of General Staff Gen. Ilker Basbug, met in Ankara, to discuss tensions over that alleged coup plot. Hours after that meeting, a Turkish court released three high ranking military officials that had been detained for questioning. Tensions in Turkey between the military and government have harmed Turkey’s bid to join the European Union (EU). Turkey’s secular nationalist establishment, including the Turkish Armed Forces (TAF), has long been at odds with the AKP.

[JURIST] The Constitutional Court of Togo on Wednesday affirmed the election of incumbent President Faure Essozimna Gnassingbe despite five suits alleging voter fraud filed by the opposition. The court held that the accusations made by the opposition were unsubstantiated. The final vote totals decided by the court gave Gnassingbe 60.88 percent of the vote, and his main opponent, Jean-Pierre Fabre, 33.93 percent. The final results closely resembled those originally reported after the March 4 election. Fabre has rejected the court’s decision and stated that he plans to hold demonstrations against the election.
Last month, the court ruled that presidential candidate Kofi Yamgnane was not eligible to run in the election due to inconsistent records of his date of birth and conflicting immigration documents. Yamgnane asserted that the decision was a pretext to eliminate the most dangerous candidate to Gnassingbe’s ruling Rally of the Togolese People (RTP) party. Gnassingbe took office in February 2005 immediately following the death of his father, Gnassingbe Eyadema, who was president of Togo for 38 years and one of the country’s longest serving leaders. Gnassingbe’s unconstitutional succession to office was met with international outcry, and pressure from the Economic Community of West African States (ECOWAS) member countries led to his resignation. Togo’s Parliament then named Abass Bonfoh, a member of the ruling party, as acting president. In May 2005, the constitutional court confirmed Gnassingbe as the official winner of the disputed presidential election.

[JURIST] The Appeals Chamber of the International Criminal Tribunal for Rwanda (ICTR) on Thursday affirmed the genocide conviction of popular Rwandan singer-songwriter Simon Bikindi. The charge was based on a speech Bikindi gave during the 1994 Rwanda genocide in which he called on Hutus to rise up and exterminate the Tutsis. Prosecutor Justice Hassan Bubacar Jallow appealed the 15-year sentence given to Bikindi in January on the grounds that it was inadequate punishment for “direct and public incitement to commit genocide.” Bikindi appealed on the basis that the sentence was disproportionate to the gravity of the offense and that court erred in its evaluation of his association with extremist militia group, Interahamwe. The court rejected both appeals.
The court also reversed several convictions against Rwandan district attorney Simeon Nchamihigo. In 2008, Nchamihigo was charged with four counts of genocide, murder, extermination, and other crimes against humanity and sentenced to life imprisonment. The Appeals Chamber reversed his convictions of murder as a crime against humanity, extermination as a crime against humanity, and three counts of genocide. Nchamihigo’s other convictions were affirmed and his sentence was reduced to 40 years. Both Bikindi and Nchamihigo are being held in the UN Detention Facility in Arusha, Tanzania, pending their transfer to the countries where they will serve their sentences.Bikindi was first indicted and arrested in 2001. At the time of his arrest, Bikindi was living in the Netherlands. He fought extradition for several months but lost and was turned over to the ICTR in March 2002 where he pleaded not guilty to charges of genocide. His trial began in September 2006 following numerous delays relating to court ordered amendments to the original indictment. Nchamihigo was taken into custody by ICTR security staff in May 2001 when he was recognized while working as an investigator for the legal team defending former Rwandan army officer Samuel Imanishimwe. Nchamihigo was working with false identity papers under the name of Bahati Weza.

[JURIST] Myanmar authorities on Thursday released jailed democracy activist Nyi Nyi Aung, ordering him to leave the country. Aung, a US citizen, had been sentenced to three years in prison after being convicted on fraud and forgery charges by a Myanmar court last month. Advocacy groups have argued that the charges against Aung were filed because of his political advocacy, and a group of 53 members of the US House of Representatives called for his immediate release following his conviction. Aung is expected to return to the US.
Myanmar has recently faced significant criticism of its human rights record. Last week, UN Special Rapporteur on the situation of human rights in Myanmar Tomas Ojea Quintana released a report saying that some of the country’s violations may constitute war crimes. Also last week, Myanmar’s junta announced new election laws, one of which bars pro-democracy leader Aung San Suu Kyi from participating in the upcoming elections. The move that immediately criticized by UN Secretary-General Ban Ki-moon, who said that the laws do not meet international standards for an inclusive political process. In January, a Myanmar government official said that Suu Kyi released from house arrest in November when her sentence is scheduled to end, likely after the elections.

[JURIST] The Hebei Province People’s High Court in northern China on Wednesday upheld a life sentence for former vice president of China’s Supreme People’s Court (SPC) Huang Songyou. Huang was convicted in January of bribery and embezzlement, and sentenced to life imprisonment. Huang is the highest-ranking judge to be charged with corruption since the founding of the People’s Republic of China. Between 2005 and 2008, Huang allegedly embezzled 3.9 million yuan (about $574,000 USD) while serving as vice president of the SPC, and he allegedly embezzled 1.2 million yuan (about $175,000 USD) while serving as president of the Intermediate People’s Court of Zhanjiang in 1997.
Huang’s conviction comes amid initiatives by the Communist Party of China (CPC) to fight corruption in the judicial system in order to restore public confidence. In March, the president of the SPC, Wang Shengjun, called for increased efforts to fight corruption in the country’s court system. In January, the SPC announced new anti-corruption rules in an effort to increase public confidence in the rule of law. Chinese courts are under the control of the CPC, which announced plans earlier that month to increase oversight of the families of government officials to control corruption.