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Int'l court refuses to halt Rwandan's release
Topics in Legal News |
2011/12/18 11:31
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International Criminal Court judges refused Monday to block the release of a Rwandan rebel prosecutors accuse of involvement in deadly attacks by a Hutu militia on villages in Congo in 2009.
The pre-trial judges ordered the release of Callixte Mbarushimana on Friday after dismissing all charges against him for lack of evidence. If he is freed, Mbarushimana would be the first suspect released from ICC custody since the court's inception in 2002.
Prosecutors had said they would appeal the ruling and asked the court to delay Mbarushimana's release pending the outcome of the appeal. But in Monday's written decision, judges ruled that Mbarushimana can no longer be detained because the 11 charges against him have been dismissed.
A warrant of arrest previously issued ceases to have effect with respect to any charges not confirmed by the Pre-Trial Chamber, the judges wrote. |
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Court rejects appeal in girlfriend burning case
Law & Court News |
2011/12/15 11:36
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The Mississippi Court of Appeals has rejected an appeal from a man sentenced to life in prison for dousing his girlfriend with gasoline and setting her on fire.
The woman was injured, but survived. Clyde Campbell was convicted of aggravated assault and sentenced on July 20, 1990. He was sentenced as a habitual offender. Campbell had pleaded guilty in 1974 to assault and battery after shooting a Natchez police officer. Court records said the officer lost an eye and later died as an indirect result of the injuries.
Campbell served one-year of a five years sentence. He was later convicted of being a felon in possession of a firearm.
The Appeals Court ruled Tuesday that the Supreme Court in1998 rejected Campbell's motion for post-conviction relief and rejected his new appeal. |
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Throng of Occupy protesters appear in NY courts
Topics in Legal News |
2011/12/14 13:05
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Nearly 200 people arrested during Occupy Wall Street-related protests were in New York courtrooms hundreds of miles apart Wednesday, answering charges that stemmed from a march on the Brooklyn Bridge and a demonstration in a Rochester park.
In Manhattan, arraignments were under way for 166 people, most of them among the more than 700 picked up in an Oct. 1 march that marked the biggest mass arrest of the New York protest so far. Hundreds of other protesters arrested on the bridge and during other Occupy demonstrations in the city have already been to court, but this week's numbers are some of the biggest.
Meanwhile, 28 Occupy Wall Street supporters were set to appear in a Rochester court on charges of trespassing by staying in a park past its curfew.
Some wearing their Occupy Wall Street allegiance on buttons — and in one case, a hand-painted oxford shirt — lined hallways and an overflow courtroom in a Manhattan courthouse that handles low-level offenses. Many had been arrested on the bridge after police said protesters ignored warnings not to leave a pedestrian path and go onto the roadway.
The demonstrators were generally charged with disorderly conduct and blocking traffic, both violations. Many took a judge's offer Wednesday to get their cases dismissed if they avoid getting arrested again for six months. |
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Court tells UK to release Pakistani in US custody
Attorney Blog News |
2011/12/14 13:05
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An appeals court issued a landmark ruling Wednesday ordering the British government to free a Pakistani detainee who has been held in U.S. custody for nearly eight years without charge.
It was unclear whether Yunus Rahmatullah would be released as required, however, because the U.S. government is not bound by the ruling. It announced that it was reviewing the ruling.
Britain has seven days to produce Yunus Rahmatullah, who is being held by American forces in Afghanistan, according to the Appeals Court's ruling.
Although Rahmatullah, 29, is not a British national, the UK-legal charity Reprieve filed a habeas corpus petition claiming that his detention lacked sufficient cause or evidence, and that British forces violated international law when they rendered him to U.S. custody.
British forces in Iraq seized Rahmatullah in 2004, but then handed him over to the Americans who sent him to the U.S. Air Base in Bagram, Afghanistan — a sprawling base that includes the Parwan detention facility where some 1,900 detainees are being held.
Wednesday's ruling marks one of the first times that a habeas corpus petition has been successful for a detainee at the U.S. base. It puts the United States and Britain in an awkward position — Britain is bound by the ruling, but the United States is not because the decision was handed down by a foreign court. |
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Next ICC prosecutor warns against sex crimes
Legal Blog News |
2011/12/13 13:05
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The next chief prosecutor of the International Criminal Court pledged Tuesday to strengthen efforts to bring to justice the perpetrators of sexual and gender crimes.
A day after her election by the 119 countries that support the tribunal, Gambian lawyer Fatou Bensouda said too often gender crimes go unreported and unpunished and the victims are trivialized, denigrated, threatened and silenced, which enables the abuses to continue unimpeded.
In its first cases, she said, the ICC has sent the message that this is no longer acceptable and must stop.
The International Criminal Court, which began operating in 2002, is the world's first permanent war crimes tribunal. It is a court of last resort, stepping in only when countries are unwilling or unable to prosecute alleged war crimes, crimes against humanity and genocide.
At the moment, the ICC is dealing with cases from Congo, the Central African Republic, Uganda involving the Lord's Resistance Army, the Darfur conflict in Sudan, the recent Libyan uprising, and post-election violence in Kenya and Ivory Coast.
At present, crimes such as rape, sexual slavery, and forced prostitution and pregnancy are alleged in some cases before the court in all of these situations except Libya, where an investigation of alleged gender-based crimes is still under way. |
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