Jurist

Italy: appeals court orders release of ex-Gitmo detainee

The Court of Appeals in Milan on Feb. 6 announced the overturn of a lower court's verdict on Tunisian former Guantánamo Bay detainee Mohamed Riadh Ben Nasri. Nasri was convicted of terrorism association two years ago, after he was transferred from Guantánamo to stand trial in Italy. He was sentenced to six years in prison for recruiting martyrs to commit acts of terrorism. Nasri and his lawyer alleged that he was tortured extensively while being detained by US forces. It is unknown if this influenced the court's decision, as Nasri contended that he was beaten until he admitted he was part of al-Qaeda. The court also upheld the sentence of Tlili Lazar under similar charges. Reasoning behind the two decisions will be released in the next 30 days.

Lebanon tribunal to try accused Hariri assassins in absentia

Four accused assassins of former Lebanese prime minister Rafik Hariri will be tried in absentia, a UN tribunal said Feb. 1. The UN Special Tribunal for Lebanon (STL) at The Hague said that after considering the efforts taken by the prosecution and the authorities to apprehend the suspects, they would move forward with the trial. The four alleged Hezbollah members are accused of involvement in a February 2005 truck bomb that killed Hariri and 22 other people. The STL determined that the prosecution took "all reasonable steps" to apprehend and inform the accused, and that the proceedings were a "last resort":

Second Circuit allows Ecuador court's $18 billion judgment against Chevron

The US Court of Appeals for the Second Circuit in Manhattan on Jan. 26 overturned an injunction won by Chevon Corporation to block enforcement of what the US oil company claims is a fraudulent, multibillion-dollar judgment in Ecuador for polluting the Amazon rainforest. In reversing the decision made by the US District Court for the Southern District of New York, the Second Circuit held that Chevron may not challenge the approximately $18 billion Ecuadoran judgment before enforcement of that judgment has actually been sought by the Ecuadoran plaintiffs. In its interpretation of the Uniform Foreign Money-Judgments Recognition Act, the court concluded that judgment-debtors like Chevron can challenge a foreign judgment's validity under the Act only defensively and in response to an attempted enforcement. The court found that an effort of enforcement by the Ecuadoran plaintiffs had not yet been undertaken anywhere, and might never be undertaken in New York. While both Chevron and the Ecuadorian plaintiffs have yet to comment on the decision, Chevron has long contended (press release, PDF) that it has never conducted oil operations in Ecuador and that the allegations of environmental and social harm in the Amazon are therefore false.

BP ordered to share partial liability with Transocean in oil spill claims

Judge Carl Barber of the US District Court for the Eastern District of Louisiana on Jan. 27 issued an order that British Petroleum (BP) will be held liable for a portion of the damages owed by Transocean stemming from the Deepwater Horizon oil spill. BP will be required to indemnify Transocean against any damages directly created by the pollution itself that are awarded through the litigation pending against it. BP will not be required to pay any punitive damages or civil fines as a result of these suits. The court did not rule on whether BP or Transocean would be held strictly liable, negligent or grossly negligent for the equipment failure and subsequent oil spill that created the pollution. Transocean is the company that owned the Deepwater Horizon oil rig that was contracted by BP, which subsequently caused the oil spill. This ruling is separate from a ruling issued by Barber in August, which permits punitive damages against BP, but that ruling pertained to claims brought against BP directly.

Blackwater settles last lawsuit in 2007 Baghdad shooting incident

Blackwater, now known as Academi, reached a confidential settlement agreement Jan. 7 with survivors and families of victims in a 2007 shooting incident in the Nisour Square area of Baghdad that left 17 Iraqi civilians dead. A subsequent FBI investigation revealed that 14 of the deaths were unjustified acts of excessive force. A federal judge ruled last year that the lawsuit could proceed in North Carolina state court, saying that nonresidents lack the right to sue in federal court for injuries sustained outside of the country but that federal courts are obligated to remand such cases to the state level, where North Carolina law permits such suits. Lawyers for the victims confirmed the settlement, and Academi said the settlement would allow the company to move forward while providing compensation to the victims and allowing closure for the losses they suffered. This settlement closes the last lawsuit against the company for the 2007 incident.

Afghanistan commission calls for detainee custody transfer, alleges US abuse

An investigative commission in Afghanistan issued a statement Jan. 7 alleging the abuse of detainees held by the US military at prisons in the country. The commission called for the transfer of all prisoners held by the US military to Afghan custody. The detainees held by US forces are a combination of Afghan nationals and foreign accused al-Qaeda operatives. The commission also alleged that some prisoners are being held without evidence and called for their release. The commission was created by Afghan President Hamid Karzai in June 2010.

Belarus: Internet restrictions take effect

Internet restrictions passed in February 2010 are set to go into effect in Belarus on Jan. 6, amid international criticism. The law creates several tiers of limitations on use of the Internet. Anyone who owns a shared connection, or a cyber-cafe, must monitor all users to insure that they do not visit a "blacklisted" site, or, in some cases, simply a site hosted off of Belarus servers. Users are required to identify themselves, and the owners of shared connections must keep a surfing history of each user for at least a year. Violations of any of these provisions may result in fines.

Ecuador court upholds multi-billion dollar fine against Chevron

A three-judge panel of the Provincial Court of Justice of Sucumbios in Lago Agrio, Ecuador, on Jan. 3 upheld a multi-billion dollar fine against Chevron for polluting large areas of the Amazon rainforest in the 1980s. The $18 billion fine, one of the largest in the history of environmental contamination suits, was originally set at $8.6 billion, but was more than doubled for Chevron's refusal to pay "moral reparations" to the Ecuadoran government, as required by the original ruling. As Chevron officials condemn the decision as fraudulent, unenforceable and corrupted by the politicization of Ecuador's judiciary, the corporation is pursuing private recourse through the Permanent Court of Arbitration in The Hague.

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