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Legal news from Saturday, May 6, 2006 |
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Zimbabwe security forces stepping up use of torture: rights group
Jamie Sterling on May 6, 2006 3:21 PM ET

[JURIST] Zimbabwe security officials have increased the use of torture in dealing with opponents of the government of Zimbabwe President Robert Mugabe [BBC profile, JURIST news archive], according to a report released Saturday by the Zimbabwe Human Rights Forum [advocacy website]. The rights group says that 19 incidents of torture were reported during March, up from three reported in January and February, in addition to 46 reports of "unlawful arrests." In his April 18 Independence Day speech, Mugabe threatened harsher treatment [JURIST report] against any who oppose his government.
The increased abuse cases coincide with calls made by the main opposition party, the Movement for Democratic Change [party website], for a step up in resistance to Mugabe's regime [MDC press release]. Another Zimbabwean resistance group, the Women of Zimbabwe Arise [advocacy website], staged a protest Thursday during which 100 women were arrested and are currently detained while awaiting trial Monday [Reuters report]. Mugabe and his home and security affairs departments could not be reached for comment on the allegations. Reuters has more.


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State lawmakers predict problems with REAL ID Act implementation
Jamie Sterling on May 6, 2006 11:54 AM ET

[JURIST] State lawmakers have expressed concern about possible problems expected to accompany the implementation of the REAL ID Act [PDF text], fearing that they will not be able to comply with the law's requirements before a May 2008 deadline. The legislation, drafted after the Sept 11 attacks and designed to discourage illegal immigration, attempts to make it more difficult for terrorists to fraudulently obtain US driver's licenses and other government IDs by mandating that states require birth certificates or similar documentation and also consult national immigration databases before issuing IDs. The law is also meant to make it more difficult for potential terrorists to board aircraft or enter federal government buildings. Since the law passed Congress [JURIST report] last May, states have said that the compliance process is too large and too expensive to undertake and complete by the deadline. New York City passed a resolution asking that the law be repealed, Kentucky and Washington are currently considering passing such resolutions, and the New Hampshire House passed a bill [text] last week that would allow the state to opt out of compliance with the act entirely.
In response to the states' concerns, the National Governor's Association [official website], the National Conference of State Legislatures [official website], and the American Association of Motor Vehicle Administrators [official website] teamed up and released a report [PDF text] concluding that states are unprepared to implement the law [press release] and may need up to eight years to acquire the requisite money and time to successfully enact the legislation. These organizations hope the report will "bring state concerns about REAL ID to the attention of the Department of Homeland Security." The law's supporters believe that the states' claims are unfounded and that neither money, nor the time allotted for the law's enactments should be a problem. Saturday's New York Times has more.


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Albania agrees to accept Chinese Uighur Guantanamo detainees
Jeannie Shawl on May 6, 2006 9:22 AM ET

[JURIST] Five Chinese Uighur men who had been detained at Guantanamo Bay [JURIST news archive] despite a determination that they are not enemy combatants have been flown to Albania [press release], where government officials are reviewing their applications for asylum. According to a statement [text] from the US State Department late Friday: the government of Albania accepted for resettlement as refugees five ethnic Uighurs, who are Chinese nationals, who had been detained by the U.S. Department of Defense at Guantanamo Bay, Cuba. The Government of Albania's resettlement of these individuals is an important humanitarian gesture. The United States Government appreciates the assistance of the Government of Albania in this important matter. A Guantanamo Combatant Status Review Tribunal [DOD materials] determined last March that the men were no longer deemed enemy combatants [CCR materials; JURIST report]. Efforts were made to improve conditions of their detention [JURIST report], but US officials were unwilling to return the men to China where they could face persecution due to their Muslim faith [HRW backgrounder], and authorities had until now been unsuccessful in finding a country willing to provide refuge to the men.
Albania's agreement to accept the men ends a pending court challenge filed by two of the Uighurs contesting their continued release, and federal prosecutors on Friday filed an emergency motion to dismiss as moot [PDF text]. The US Court of Appeals for the DC Circuit was scheduled to hear an appeal Monday of a district court decision [PDF text] allowing the detainees' indefinite detention [JURIST report]. US District Judge James Robertson ruled that the Uighurs' detention was unlawful, but said that the courts simply had no relief to offer the men. The ruling was appealed directly to the US Supreme Court [JURIST report], but the Court declined to hear the case [JURIST report] before the federal appeals court had an opportunity to rule. AP has more.


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Federal appeals court dismisses same-sex marriage challenge
Jeannie Shawl on May 6, 2006 8:16 AM ET

[JURIST] The US Court of Appeals for the Ninth Circuit [official website] has upheld a lower court's dismissal of a case challenging federal and California laws prohibiting same-sex marriage [JURIST news archive], saying that the plaintiffs must await the outcome of litigation in California state courts. In its opinion [PDF] Friday, the court ruled that: Smelt and Hammer have presented us with issues of veriest importance, issues which touch "the foundation of the family and of society." Maynard, 125 U.S. at 211, 8 S. Ct. at 729. However, they lack standing to attack the federal law - Sections 1 and 2 of DOMA - and the district court properly abstained from deciding their attack on state law. The two plaintiffs challenged the Defense of Marriage Act [text] and California marriage law limiting marriage to a man and a woman as unconstitutional, but in addition to finding that the plaintiffs did not have standing to challenge DOMA, the court said that "federal courts should not involve themselves if there is an alternative" because same-sex marriage involves "sensitive social policy considerations."
The San Francisco County Superior Court last year ruled that California's law limiting marriage to a union between a man and a woman is unconstitutional [JURIST report], but that ruling has been stayed pending appeal. A state appeals court is expected to hear arguments in the case shortly. AP has more. The Los Angeles Times has local coverage.


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