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Posted: January 31st, 2012, 9:40pm MSK
[JURIST] Human Rights Watch [advocacy website] on Monday urged [press release] the Indian government to prosecute Border Security Force (BSF) [official website] soldiers that it has long implicated in torture and extrajudicial killings near the Bangladesh border. HRW's plea comes in response to the release of a YouTube video [warning: graphic content] capturing BSF soldiers stripping, tying up and beating a Bangladeshi national caught smuggling cattle from Bangladesh into India. Although Indian law requires the BSF to hand over such lawbreakers to the police, HRW contends that the soldiers "illegally detained and tortured" the man, then left him to return...
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Posted: January 31st, 2012, 9:26pm MSK
[JURIST] A French genocide denial ban [materials, in French] passed last week [JURIST report] stalled on Tuesday after two groups of French politicians challenged the law's constitutionality. The opposition groups, which include members in both the Senate and the National Assembly, gathered the necessary signatures to require the Constitutional council of the French Republic [official websites, in French] to determine if the law is constitutional. While France has already recognized the 1915 killings of Armenians by Ottoman Turks as genocide, the new law would punish anyone who denies that the killings constituted a genocide with up to a year in...
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Posted: January 31st, 2012, 9:14pm MSK
[JURIST] Spanish Judge Baltasar Garzon [BBC profile; JURIST news archive] took the stand in his second trial [JURIST report] before the Spanish Supreme Court [official website, in Spanish] on Tuesday and defended his investigation into war crimes allegedly committed under Francisco Franco [BBC backgrounder] during the Spanish Civil War. Garzon has been charged with abusing power by ordering the exhumation [JURIST reports] of 19 mass graves in Spain in order to assemble a definitive national registry of Civil War victims, despite a 1977 law that provides amnesty for Franco-era crimes. While on the stand, Garzon refused to answer questions [CNN...
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Posted: January 31st, 2012, 9:03pm MSK
[JURIST] Haiti's Investigative Magistrate Carves Jean ruled Monday that former president Jean-Claude Duvalier [BBC backgrounder; JURIST news archive] will not stand trial for crimes against humanity, including torture, false imprisonment, rape and murder during his reign between 1971 and 1986. Jean dismissed the charges reasoning that there are not sufficient legal grounds and that the statute of limitations has expired. Based on this ruling, Duvalier will go on trial before a special court facing charges of corruption and misappropriation of public funds with at most 5-year imprisonment. Jean's ruling has not been made public. Numerous human rights groups, including Amnesty...
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Posted: January 31st, 2012, 3:35pm MSK
[JURIST] The International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] announced Monday that former Serb nationalist politician and war crimes suspect Vojislav Seselj [official website, in Serbian; JURIST news archive] is suing ICTY for USD $2.6 million in damages due to alleged unreasonable delays in his trial. The ICTY declined to comment [AP report] on the filings Seselj made earlier this month, in which he charges that the ICTY refused to give him materials in Serbian; denied him communication with family members, doctors, and legal counsel; delayed his trial interminably; and refused him a right to his own,...
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Posted: January 31st, 2012, 2:11pm MSK
[JURIST] Romania's High Court of Cassation and Justice [official website, in Romanian] on Monday sentenced former prime minister Adrian Nastase [personal website, in Romanian] to two years in prison on charges of graft and corruption [lawyer notes, in Romanian]. Referred to as the "trophy quality" case, Nastase and five other members of the Social Democratic Party of Romania [party website, in Romanian] were convicted of raising money through taxation under a company called "trophy quality construction works" that then funneled USD $2.2 million to Nastase's failed presidential campaign. Some of Nastase's co-conspirators received sentences up to seven years, and all...