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Legal news from Tuesday, May 11, 2010




France parliament passes resolution against burqa
Jaclyn Belczyk on May 11, 2010 3:36 PM ET

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[JURIST] The French National Assembly [official website, in French] on Tuesday unanimously passed a resolution [text, in French] condemning the Islamic burqa [JURIST news archive] and other full face veils as contrary to gender equality. The resolution passed with 434 votes [AFP report, in French], with the remaining members of the 577-seat house abstaining. The passage of the resolution lays the groundwork for a complete ban on full face veils, with draft legislation to be presented to the Cabinet next week. The bill is then expected to go before parliament in July. French President Nicolas Sarkozy is pushing for the ban, despite the Council of State advising the government in March that a complete ban risks violating [JURIST reports] the French Constitution and the European Convention on Human Rights [texts].

Last week, European Parliament [official website] Vice President Silvana Koch-Mehrin [official website, in German] expressed her support for a continent-wide burqa ban [JURIST report]. In April, the Belgian House of Representatives voted 136-0 to approve [JURIST report] a bill that would ban the burqa and other full face veils in public. The proposed legislation [materials, in French] applies to areas "accessible to the public" or areas meant for "public use or to provide public services." Violators could face a penalty of up to seven days in jail or a fine of 15 to 25 euros. The measure must now go before the Senate. In March, lawmakers in Quebec introduced a bill [Star report] that would ban women from wearing full face veils from public services, which garnered support from members of the Muslim Canadian Congress [advocacy website] who argue that the law would not violate human rights [JURIST comment] and would promote the ideals of a free and democratic society.




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Vietnam appeals court upholds activists' sentences
Daniel Makosky on May 11, 2010 2:19 PM ET

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[JURIST] A Vietnamese appeals court on Tuesday affirmed the sentences facing two democracy activists convicted of subversion. The court upheld [BBC report] the sentence of five years imprisonment and three subsequent years of house arrest for prominent human rights lawyer Le Cong Dinh [JURIST news archive], as well as the 16-year sentence against Internet entrepreneur Tran Huynh Duy Thuc. The court reduced Le Thang Long's original five-year sentence to three-and-a-half years, while Nguyen Tien Trung did not appeal. Human Rights Watch (HRW) [advocacy website] had called for a complete dismissal [press release] of the charges, saying anything less "would be a new landmark of Vietnam's intolerance for political pluralism."

The four were accused [Reuters report] of activities aimed at ending Vietnam's communist rule and convicted [JURIST report] in January after a one-day trial. Dinh, the best known of the defendants, admitted [NYT report] to advocating multi-party democracy in Vietnam and joining the banned Democratic Party of Vietnam. In February, a Vietnamese court sentenced pro-democracy writer and rights activist Tran Khai Thanh Thuy to three-and-a-half years in prison on assault charges, a week after Pham Thanh Nghien received a four year sentence [JURIST reports] on charges of spreading anti-state propaganda. Pro-democracy dissident Tran Anh Kim was also sentenced [JURIST report] in December to five-and-a-half years in prison for subversion. Dinh was originally charged [JURIST report] in June with "colluding with foreign reactionaries to sabotage the Vietnamese State," in violation of Article 88 [text] of the Vietnamese penal code, for the alleged distribution of anti-government documents. He was also disbarred [JURIST report] following his arrest.




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Egypt parliament extends state of emergency
Jaclyn Belczyk on May 11, 2010 2:12 PM ET

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[JURIST] The Egyptian Parliament [official website] on Tuesday voted to extend the country's state of emergency [JURIST news archive] for two years. Despite the two-year extension, parliament voted to limit the application of the emergency laws [Al Jazeera report] only to cases of terrorism and drug trafficking. In a speech [text, PDF; in Arabic] to parliament, Egyptian Prime Minister Ahmed Nazif [official profile] said:
The emergency law will not be used to undermine freedoms or infringe upon rights if these two threats are not involved. The Government also commits itself to enforce safeguards regarding the use of these measures as required by the Constitution, the law and international agreements, and that all such measures be taken under judicial supervision. These are the standards which we will impose upon ourselves and which we are committed to because we are an ancient nation that has contributed to human rights; contributions which have been codified in constitutions, laws and treaties which we are committed to fulfilling.
Opposition groups are protesting [Al-Masry Al-Youm report] the extension of the emergency laws, claiming they have been ineffective and are used to stifle dissent.

One of the groups opposed to the extension of the emergency laws is the Muslim Brotherhood (MB) [party website; JURIST news archive], which has been banned in Egypt. Last month, Attorney General Abdul Magid Mahmoud announced that five international MB members will be tried in an Egyptian criminal court [JURIST report] on charges of money laundering. Egypt has also used the emergency laws extensively against other opposition parties. In July, the trial of 26 individuals with alleged ties to Hezbollah was transferred to a court [JURIST report] established under the emergency laws. In February 2009, a military court utilized the laws during a trial in which it sentenced [JURIST report] opposition leader Magdy Ahmed Hussein to two years in prison. The emergency laws have been in effect continuously since the 1981 assassination of Egyptian president Anwar Sadat and were renewed [JURIST report] most recently in May 2008.




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Suu Kyi files final appeal of house arrest extension
Daniel Makosky on May 11, 2010 1:34 PM ET

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[JURIST] Lawyers for pro-democracy leader Aung San Suu Kyi [BBC profile; JURIST news archive] filed a final appeal in Myanmar's Supreme Court on Monday challenging the 18-month extension of her house arrest. The appeal requests that the court forward her case [AP report] to the Special Appellate Branch, a multi-judge panel that represents Suu Kyi's last means of legal recourse in the matter. Prior appeals to the supreme court in February and to a divisional court in October were rejected after a lower court found her guilty [JURIST reports] of violating the terms of her house arrest when she allowed an American to stay with her after he swam across a lake to her home. Suu Kyi's lawyer, Nyan Win, has argued that the extension to her arrest is based on provisions of the now-defunct 1974 constitution.

Last month, Suu Kyi also filed suit before the Myanmar's Supreme Court to stop the dissolution of her opposition National League for Democracy (NLD) [party website] under a controversial election law [JURIST report]. Additionally, the claim seeks to annul the part of the election law that bars political prisoners [JURIST report] from participating in elections, which would prevent Suu Kyi from competing in this year's elections as she is not scheduled for release until November [JURIST report]. The suit also requests the establishment of a parliament of lawmakers who won in the 1990 elections. Suu Kyi has been in prison or under house arrest for 14 of the last 20 years.




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UN rights experts say Arizona immigration law may violate international standards
Bhargav Katikaneni on May 11, 2010 11:45 AM ET

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[JURIST] A group of UN human rights experts said Monday that Arizona's new immigration law [SB 1070 materials; JURIST news archive] could violate international standards [press release] that are binding on the US. The group of six UN experts, which includes UN Special Rapporteur on human rights of migrants [official website] Jorge Bustamante [official profile], said the Arizona law might encourage discrimination:
A disturbing pattern of legislative activity hostile to ethnic minorities and immigrants has been established with the adoption of an immigration law that may allow for police action targeting individuals on the basis of their perceived ethnic origin, and a law that suppresses school programs featuring the histories and cultures of ethnic minorities. ... The law may lead to detaining and subjecting to interrogation persons primarily on the basis of their perceived ethnic characteristics. In Arizona, persons who appear to be of Mexican, Latin American, or indigenous origin are especially at risk of being targeted under the law
Arizona's immigration law makes it a crime to be an undocumented immigrant and requires police to question anyone whose immigration status appears suspect.

Since being passed, the Arizona law has been challenged by various groups on constitutional grounds. Arizona police officer Martin Escobar filed suit [JURIST report] in the US District Court for the District of Arizona [official website] alleging that the law is unconstitutional and could hamper police investigations. A second suit was filed by the National Coalition of Latino Clergy and Christian Leaders (CONLAMIC) [official website], which argued that the law was preempted by federal law. Other groups, including the Mexican American Legal Defense and Education Fund (MALDEF) [official website], the American Civil Liberties Union (ACLU), and the National Immigration Law Center (NILC) [advocacy websites] have also said that they will challenge [press release] the bill.




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Federal judge refuses to drop charges against ex-Guantanamo detainee
Bhargav Katikaneni on May 11, 2010 10:59 AM ET

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[JURIST] A federal judge on Monday refused to dismiss criminal charges against former Guantanamo Bay detainee Ahmed Ghailani [GlobalSecurity profile; JURIST news archive], despite his lawyers claims that he had been tortured in prison. Judge Lewis Kaplan of the US District Court for the Southern District of New York (SDNY) [official website] said that even if Ghailani was mistreated [NYT report] while in Central Intelligence Agency (CIA) [official website] custody, there was no connection between that and the current prosecution. Kaplan made no finding on whether Ghailani was subjected to torture. Kaplan has yet to rule on a motion to dismiss charges because of a violation of Ghailani's speedy trial rights [JURIST report].

Ghailani faces charges for his 1998 involvement in the bombings of US embassies [PBS backgrounder; JURIST news archive] in Kenya and Tanzania which killed 224 people. Last week, Kaplan ruled that Ghailani must attend the opening of his trial [JURIST report], requiring him to submit to strip searches he claims are traumatic. In November, Kaplan ruled that Ghailani does not have a right to be represented by his military defense lawyers [JURIST report] in a civilian court. In July, Ghailani's military lawyers requested access [JURIST report] to the CIA "black sites" at which their client was held prior to his transfer to Guantanamo Bay and was allegedly subjected to cruel interrogation methods. Ghailani was the first Guantanamo detainee to be brought to the US for prosecution. Having been held at the Guantanamo facility since 2006, Ghailani was transferred [JURIST report] to the SDNY in June to face 286 separate counts, including involvement in the bombings and conspiring with Osama bin Laden and other members of al Qaeda to kill Americans worldwide. He pleaded not guilty [JURIST report] at his initial appearance.




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Red Cross confirms secret Bagram prison: BBC
Jaclyn Belczyk on May 11, 2010 10:31 AM ET

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[JURIST] The International Committee of the Red Cross (ICRC) [official website] has confirmed the existence of a secret detention facility at Bagram Air Base [official website; JURIST news archive], according to a Tuesday BBC News report [text]. The BBC reported last month that nine Afghan witnesses have claimed that they were held and tortured in a secret US prison [JURIST report] at Bagram. The witnesses say that they were allegedly captured by American forces and taken to a secret location where they were abused and interrogated [BBC report], then later transported to an official detention facility in Parwan, a new prison recently opened [JURIST report] at the edge of Bagram Air Base. Torture allegations include sleep deprivation, disorientation, beating, and humiliation tactics. Despite the alleged witness accounts of torture, the US government has continued to deny the existence of secret prisons in Afghanistan.

Last month, Al Jazeera reported that a US military official said the US is in negotiations to transfer non-Afghan detainees [JURIST report] at Bagram Air Base back to their home countries. Earlier in April, the American Civil Liberties Union (ACLU) [advocacy website] filed habeas corpus petitions [JURIST report] on behalf of four detainees held at Bagram Air Base, claiming that none of the men has engaged in hostile behavior directed at the US, nor are they members of groups that purport to do so. In January, the US Department of Defense released a list of names of 645 prisoners detained at Bagram in response to a Freedom Of Information Act lawsuit filed [JURIST reports] by the ACLU last September. Prisoners at Bagram have launched previous habeas corpus challenges [JURIST report] in US courts but thus far have been less successful than those held at Guantanamo Bay [JURIST news archive].




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Argentina ex-secret agent arrested on 'Dirty War' abuse charges
Jaclyn Belczyk on May 11, 2010 9:25 AM ET

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[JURIST] Argentine authorities on Monday arrested former secret service agent Miguel Angel Furci on charges of human rights abuses committed during the nation's 1976-83 "Dirty War" [GlobalSecurity backgrounder; JURIST news archive]. Furci, a former agent of the Secretariat of State Intelligence (SIDE), was charged with 70 kidnappings [Terra report, in Spanish] and the torture of detainees at a secret Buenos Aires facility known as Automotores Orletti. The detentions were part of "Operation Condor" [BBC backgrounder], a campaign by the governments of Argentina, Brazil, Bolivia, Chile, Uruguay, and Paraguay to round up left-wing dissidents. At a hearing Monday, Furci admitted to serving in the SIDE and acknowledged the existence of the secret prison. Furci has already served a seven-year sentence for a 1976 kidnapping. His trial is scheduled to start [BBC report] on June 3.

Argentina continues to prosecute those accused of committing human rights abuses during the Dirty War. Last week, the Spanish government extradited [JURIST report] pilot Julio Alberto Poch to Argentina to face trial for his alleged role. Poch was a navy officer at Argentina's Naval Mechanics School [backgrounder, in Spanish], one of the most notorious detention centers of the military dictatorship, and is believed to have piloted flights known as "death flights," which were used to dump the military junta's political opponents into the Plata River and the Atlantic Ocean. Also last week, former Argentine military junta leader Jorge Rafael Videla [Trial Watch profile; JURIST news archive] was charged [JURIST report] with an additional 49 counts of murder, kidnapping, and torture for crimes allegedly committed during Argentina's Dirty War. Last month, a federal court in Argentina sentenced [JURIST report] former president and military general Reynaldo Bignone [JURIST news archive] to 25 years in prison for human rights abuses during his 1982 to 1983 presidency. During the Dirty War, an estimated 20,000 to 30,000 people were forcibly kidnapped or "disappeared" in a government-sponsored campaign against suspected dissidents.




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