 |
|

Legal news from Wednesday, May 5, 2010 |
 |
|


France court refuses to extradite Iranian engineer to US
Jaclyn Belczyk on May 5, 2010 3:28 PM ET

[JURIST] A French appeals court on Monday refused a US extradition request for Iranian engineer Majid Kakavand, accused of illegally exporting electronic equipment to Iran for military use. Kakavand was detained in France in March 2009 after the US government issued a warrant for his arrest. Kakavand was indicted in April on charges [DOJ fact sheet, PDF] of purchasing thousands of military items from US companies and exporting them to Iran via Malaysia in violation of US sanctions against Iraq. The French court ruled that Kakavand had not violated French law [RFI report], a prerequisite to extradition. A spokesperson for the US Department of Justice (DOJ) [official website] expressed disappointment at the ruling but said the US would continue to pursue [AP report] Kakavand. Iranian authorities have repeatedly sought Kakavand's release. Kakavand has said that he plans to return to Iran after being freed.
Iran is currently facing possible UN sanctions over its nuclear program. Last month, Iranian President Mahmoud Ahmadinejad [BBC profile; JURIST news archive] strongly criticized [JURIST report] new attempts to impose UN sanctions. The Iranian leader said that actions being taken by the US and its allies in the UN Security Council [official website] are illegal and that his country will not accept any pressure. In September, Ahmadinejad denied [JURIST report] that Iran had broken nuclear development regulations in respect to a newly-disclosed nuclear facility. The statement followed a press conference where US, British, French, and German leaders said in a joint statement [press release] that Iran had violated the terms of agreements with the International Atomic Energy Agency (IAEA) [official website] by failing to disclose in a timely manner the existence of a nuclear facility. Under the terms [IAEA board report, PDF] of a 2003 protocol [text, PDF] to Iran's original IAEA Safeguards Agreement [text, PDF], Iran was obligated to disclose the existence of the plant prior to construction. Iran has previously said it will completely withdraw [JURIST report] from the IAEA if its "nuclear rights" are taken away.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Argentina lower house passes same-sex marriage bill
Jaclyn Belczyk on May 5, 2010 2:12 PM ET

[JURIST] The Argentine Chamber of Deputies [official website, in Spanish] voted 126-109 Wednesday in favor of a bill to legalize same-sex marriage [JURIST news archive] in the country. The bill would also give gay couples the right to adopt children [Pagina 12 report, in Spanish], one of the bill's more controversial provisions. The legislation has been under consideration since last year, with more than 50,000 marching in support [JURIST report] of same-sex marriage last November. Lawmakers debated the legislation for more than 12 hours before voting. The bill must now go before the Senate [official website, in Spanish], where it is expected to pass [Reuters report]. It is unclear when that vote will take place. If the legislation is passed, Argentina would become the first Latin American country to legalize same-sex marriage.
Same-sex marriages are currently recognized in Buenos Aires and Mexico City [JURIST reports]. Uruguay remains the only Latin American country that has nationally legalized same-sex civil unions. Uruguay has since expanded the rights given to same-sex couples by passing a law last year allowing same-sex couples to adopt [JURIST report]. Canada [JURIST report] is the only American nation to have legalized same-sex marriage, and Spain [JURIST report] is the only nation in the Spanish-speaking world to have done the same. Both nations legalized gay marriage in 2005.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Dutch prosecutor to appeal Holocaust cartoon ruling
Erin Bock on May 5, 2010 12:53 PM ET

[JURIST] The Dutch Public Prosecution Service [official website, in Dutch] announced Tuesday that the public prosecutor for the Utrecht District Court filed an appeal [press release, in Dutch] against the April 22 ruling [JURIST report] acquitting the Arab European League (AEL) of hate speech charges stemming from posting an inflammatory cartoon on their website. The court ruled that publishing the cartoon, which insinuated that the Holocaust was fabricated, was not a criminal offense because it was intended to be a contribution to public debate regarding a perceived double standard in the distribution of Danish cartoons depicting the Prophet Mohammed [JURIST news archive]. The prosecutor is appealing in order to determine if the cartoon was "unnecessarily offensive," stating that the court failed to rule on this issue. Although the court ruled that a disclaimer posted below the cartoon was sufficient to ensure that the cartoon was posted for the purpose of debate, the prosecutor pointed out that this disclaimer is not always visible in postings on other websites. The prosecutor also found fault with the court's agreement that the cartoon pointed out a double standard, saying that the controversy surrounding the Danish cartoon depicting Mohammed does not equate with the publishing of the AEL's cartoon. The group depicted in the Mohammed cartoon was a "criminal group," the prosecutor said, but the Jewish people "still have no share in the above social debate."
The Danish cartoons depicting Mohammed were originally published in a Danish newspaper in 2005, leading to worldwide protests and lawsuits for those who reprinted the cartoons, including suits in Yemen, France, and Jordan [JURIST reports]. The Danish government did not press criminal charges [JURIST report] against the Danish newspaper that originally printed the articles. Last month, US citizen David Headley pleaded guilty [JURIST report] to 12 counts of federal terrorism, including charges related to an alleged plot against the Danish creator and publishers of the controversial cartoons.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

New York high court expands rights of nonbiological gay parents
Jaclyn Belczyk on May 5, 2010 9:54 AM ET

[JURIST] The New York Court of Appeals [official website], the state's highest court, issued two rulings Tuesday expanding the rights of nonbiological gay and lesbian parents. In one case, the court ruled [opinion, PDF] 7-0 that a lesbian can assert parental rights over the biological child of her partner, reversing a lower court decision [JURIST report]. The court found that Debra H. could seek visitation rights from her former partner who conceived a child via artificial donor insemination (ADI) after the pair had entered into a civil union in Vermont. The court held, "that where a child is conceived through ADI by one member of a same sex couple living together, with the knowledge and consent of the other, the child is as a matter of law - at least in the absence of extraordinary circumstances - the child of both." Director of Constitutional Litigation at Lambda Legal [advocacy website] Susan Sommer hailed the ruling [press release] as "a terrific outcome for our client," bur urged the New York legislature to "pass legislation clarifying children's legal relationships with both their intended parents, regardless whether the parents have entered into a marriage or civil union." In a separate case, the court ruled [opinion, PDF] 4-3 that a lesbian could seek child support from her former partner.
Gay rights continue to be a contentious issue both in New York and throughout the country. In December, the New York Senate rejected legislation [JURIST report] that would have legalized same-sex marriage [JURIST news archive] in the state. Last year, the Manhattan Surrogate Court ruled that the surviving partner of a same-sex marriage performed in Canada is entitled to inherit the estate [JURIST report] of a deceased spouse. In 2008, New York Governor David Paterson issued a mandate requiring that any and all out-of-state same-sex marriages be recognized [JURIST report] as legal within the state of New York. Same-sex marriage is currently legal in Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, and Washington, DC [JURIST reports]. Same-sex civil unions are currently recognized in Washington, New Jersey, Oregon, and Nevada [JURIST reports].


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Former Canada terrorism detainee sues government
Jaclyn Belczyk on May 5, 2010 8:53 AM ET

[JURIST] A Syrian native held in Canada for more than eight years on a national security certificate [text; PSC backgrounder] on Tuesday sued the Canadian government [statement of claim, PDF] for negligence and false imprisonment. Hassan Almrei filed suit [CP report] in the Ontario Superior Court of Justice [official website] against the Canadian Security Intelligence Service (CSIS), the Royal Canadian Mounted Police, Citizenship and Immigration Canada, and the Canada Border Services Agency [official websites] seeking $16 million in damages. Almrei was arrested more than eight years ago by the CSIS on terror suspicions. A judge struck down [JURIST report] his security certificate in December, finding that the evidence presented by CSIS did not hold up under scrutiny. Almrei came to Canada in 1999 on a false passport and attained refugee status the following year. He is currently seeking permanent resident status.
The security certificate law, used to arrest and deport non-Canadians considered threats to national security, has become controversial in recent years because it relies on evidence heard in secret, and detainees are not informed in full detail of the allegations against them. Earlier in December, it was reported that the Canadian government has begun reviewing [JURIST report] its security certificate system. Public Safety Minister Peter Van Loan [official profile] said the government is considering making significant changes to the law or abolishing it completely. In September, the government withdrew [National Post report] a certificate against Moroccan-born Montreal resident Adil Charkaoui in lieu of subjecting its evidence against him to review in court. Charkaoui is also suing the government.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|
| For more legal news check the Paper Chase Archive...
|
|
|