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Legal news from Tuesday, May 27, 2008 |
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Zimbabwe refuses to extradite ex-Ethiopia leader Mengistu to face death penalty
Andrew Gilmore on May 27, 2008 2:28 PM ET

[JURIST] Zimbabwe will not return former Ethiopian dictator Mengistu Haile Mariam [BBC profile; JURIST news archive] to Ethiopia to face a death sentence, a Zimbabwean Information Ministry official said Tuesday. The Ethiopian Supreme Court sentenced Mengistu to death in absentia on Monday after Ethiopian prosecutors appealed his January 2007 life sentence [JURIST reports] on charges of genocide, homicide, illegal imprisonment, and illegal property seizure. Mengistu ruled Ethiopia from 1974 to 1991, during which time 150,000 university students, intellectuals, and politicians are believed to have been killed. After being overthrown by rebels in 1991, Mengistu fled to Zimbabwe, where he is described as "guest" under the protection of President Robert Mugabe [BBC profile; JURIST news archive].
Zimbabwean opposition party the Movement for Democratic Change [party website], currently locked in a bitter battle with the Mugabe regime over the disputed results of the recent presidential elections [JURIST news archive], has pledged that if party leader Morgan Tsvangirai [BBC profile; JURIST news archive] turns out to have won the country's recent presidential election, Mengistu will be extradited to Ethiopia. Reuters has more. SW Radio Africa has local coverage.


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Supreme Court rules on employer retaliation, Alabama voting law
Abigail Salisbury on May 27, 2008 11:07 AM ET

[JURIST] The US Supreme Court [official website; JURIST news archive] handed down three decisions Tuesday, including two cases involving alleged employer retaliation [JURIST archive]. In Gomez-Perez v. Potter [LII case backgrounder; JURIST report], the Court held 6-3 that a provision [text] in the Age Discrimination in Employment Act protects government employees who complain of age discrimination from subsequent retaliation. The Court reversed a ruling [text] by the US Court of Appeals for the First Circuit and held that anyone who is a victim of such treatment may make a claim under the Act. Read the Court's opinion per Justice Alito, along with a dissent from Roberts and a separate dissent [texts] from Thomas.
In a similar case involving a Cracker Barrel restaurant, CBOCS West v. Humphries [Duke Law backgrounder], the Court found 7-2 that 42 USC 1981 [text] created a cause of action for an employee who suffered retaliation as a result of claiming workplace discrimination [JURIST news archive] based on race. The Court affirmed a ruling [PDF text] by the US Court of Appeals for the Seventh Circuit, noting that "this Court has long held that the statutory text of §1981s sister statute, §1982, provides protection from retaliation for reasons related to the enforcement of the express statutory right." Read the Court's opinion per Justice Breyer, along with a dissent [texts] by Thomas. AP has more.
In Riley v. Kennedy [LII backgrounder; JURIST report], the Court ruled on a Voting Rights Act (VRA) [text] requirement that certain states must obtain federal clearance before changing their voting rules, a measure imposed to guard against racial discrimination. The Court reversed by 7-2 the ruling [PDF text] of the US District Court for the Middle District of Alabama, holding that returning to a previous election law when a new one was struck down by the Supreme Court of Alabama was not a violation of the VRA, because there had been no "change" in need of clearance. The Court emphasized the narrowness of the holding, essentially limiting it to the facts of the case. Read the Court's opinion by Justice Ginsburg and the dissent [texts] by Stevens. AP has more.


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Argentina court puts ex-army commander on trial for alleged 'Dirty War' crimes
Devin Montgomery on May 27, 2008 9:48 AM ET

[JURIST] Former Argentine general Luciano Benjamin Menendez [Project Disappeared profile] and seven others went on trial Tuesday for the alleged 1977 kidnapping, torture, and killing of four political dissidents during the country's "Dirty War" [GlobalSecurity backgrounder; JURIST news archive]. The 80-year old Menendez, who commanded an army corps in the late 1970s, was originally taken into custody in 2005, when a judge ordered his arrest [JURIST report] in connection with a separate murder. AP has more.
It is estimated that between 20,000 and 30,000 people were forcibly kidnapped or "disappeared" during the Argentine government's campaign against suspected dissidents during the country's "Dirty War." In 2005, Argentina's Supreme Court struck down amnesty laws [JURIST report] adopted in the 1980s to protect potential defendants, prompting the government to reopen hundreds of human rights cases.


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