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Legal news from Wednesday, June 9, 2010 |
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Privacy rights group accuses Google of criminal intent
Sarah Miley on June 9, 2010 2:47 PM ET

[JURIST] Advocacy group Privacy International (PI) [advocacy website] on Thursday accused Google [corporate website; JURIST news archive] of criminal intent for the collection of private data [press release] through unsecured Wi-Fi networks while collecting images for the website's Street Map view. PI released its statement in response an independent audit [text, PDF] published by Google on the company's official blog [website]. PI claims that information gathered in the audit proves that Google's interception of unencrypted data was not inadvertent and should lead to prosecution:This analysis establishes that Google did, beyond reasonable doubt, have intent to systematically intercept and record the content of communications and thus places the company at risk of criminal prosecution in almost all the 30 jurisdictions in which the system was used. The independent audit of the Google system shows that the system used for the Wi-Fi collection intentionally separated out unencrypted content (payload data) of communications and systematically wrote this data to hard drives. This is equivalent to placing a hard tap and a digital recorder onto a phone wire without consent or authorisation. Google claims that the data collection was a mistake and was the result of the inclusion of an unintended piece of coding in the Street View software by a software engineer. PI rejects this claim stating that the data separation code went beyond being a "mistake" and could not be blamed on a single engineer. Google has not yet published an official response.
Several investigations have recently been launched into Google's unencrypted data collections to determine whether the Internet giant's practices have violated privacy laws. Earlier this week, Australia commenced an investigation [JURIST report] into whether Google breached the nation's Telecommunications Interception Act [text], which prevents people from accessing electronic communications other than for authorized purposes. Canada launched an investigation [JURIST report] last week into Google's unsecured Wi-Fi data collection to determine whether Google has violated the country's Personal Information Protection and Electronic Documents Act [text, PDF], which applies to private organizations that collect, use, or disclose personal information in the course of commercial activities. Google is also facing an investigation by the US Federal Trade Commission [official website] after an inquiry into Google's data-harvesting techniques was requested by advocacy group Consumer Watchdog [press release]. Belgium, the UK, the Czech Republic, France, Germany, Italy, Spain, and Switzerland have also asked Google to retain data collected in those respective nations.


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China court upholds earthquake activist conviction
Hillary Stemple on June 9, 2010 2:42 PM ET

[JURIST] A Chinese appeals court on Wednesday upheld the conviction of earthquake activist Tan Zuoren who was sentenced in February [JURIST report] to five years in prison on subversion charges. Tan was charged with and convicted of inciting subversion to state power, allegations stemming from e-mails critical of the government's 1989 policy toward the Tiananmen Square [NYT backgrounder] pro-democracy demonstrators. Advocacy groups and Tan's supporters maintain that he was arrested after he sought to release an independent report [advocacy report] documenting the lethal consequences of substandard construction in the Sichuan province's 2008 earthquake [BBC backgrounder; JURIST news archive], which left some 90,000 dead. Amnesty International (AI) [advocacy website] condemned Tan's conviction and called for his immediate release [press release] saying, "China must free Tan Zuoren, and stop silencing social activists and anti-corruption campaigners with vague political charges and trials that do not even follow China's own legal procedures."
In April, Chinese authorities arrested a prominent Tibetan writer [JURIST report] after he signed a letter critical of the Chinese government's relief efforts following a recent earthquake in the western Qinghai [Xinhua backgrounder] province. A Chinese court sentenced another earthquake activist [JURIST report], Huang Qi, to three years in prison in November on the charge of illegally holding state secrets. Huang was a critic of the Chinese government's handling of the 2008 disaster. After the quake, he posted articles online criticizing the government's response and talked to foreign media outlets about how some children's deaths were the result of poorly-built schools.


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ICTR defense lawyers call for release of US lawyer, threaten boycott
Drew Singer on June 9, 2010 2:32 PM ET

[JURIST] More than 30 defense lawyers from the International Criminal Tribunal for Rwanda (ICTR) [official website] released a joint statement [text] Tuesday calling for the release of detained US lawyer and JURIST Forum [website] contributor Peter Erlinder [professional profile; JURIST news archive], who is being held in Rwanda on charges of genocide denial. The statement calls on international authorities to obtain Erlinder's release and to guarantee immunity for "every person engaged in seeking truth before any international or domestic jurisdiction." The lawyers indicated they will stop participating in proceedings at the ICTR until minimal steps are taken to remedy the situation. They also noted that Erlinder's arrest indicates a growing threat to the country's legal system stating, "anyone who is involved in the defence of an accused person - be they counsel, investigator, assistant or Defense witness - runs the same risks and is exposed to the same threats of being criminally categorized as a "negationist" as defined in Rwandan legislation." The defense lawyers contend that Erlinder's arrest and subsequent denial of bail [judgment, DOC; JURIST report] "seriously compromised" the ICTR's mission by undermining the independence of lawyers and preventing them from performing their duties without fear of suffering reprisals. The ICTR launched contempt proceedings [text] on Tuesday against one of the defense lawyers who signed the statement after he protested Erlinder's arrest by refusing to question witnesses in an unrelated case.
Rwandan police arrested Erlinder [JURIST report] last month on charges that he denied the 1994 Rwandan genocide [HRW backgrounder; JURIST news archive]. Erlinder was in Rwanda to prepare his defense of opposition presidential candidate Victoire Ingabire Umuhoza [campaign website], who was arrested in April [JURIST report] on similar charges. Erlinder pleaded not guilty [JURIST report], but was deemed a flight risk [AFP report] and denied bail, despite his claim that he needed to return to the US for medical treatment following what Rwandan officials say was a suicide attempt [JURIST report]. International groups including the National Lawyers Guild, the International Criminal Defence Attorneys Association, and the National Association of Criminal Defense Lawyers [advocacy websites] have called for Erlinder's release [press release], saying that the charges against him are politically motivated [AP report].


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Republican lawmaker introduces climate change legislation
Dwyer Arce on June 9, 2010 2:07 PM ET

[JURIST] US Senator Richard Lugar (R-IN) [official website] on Wednesday introduced legislation [S 3464 text, PDF; materials] intended to reduce foreign oil dependence and cut greenhouse gas emissions. The Practical Energy and Climate Plan of 2010 would reduce foreign oil imports by 40 percent and greenhouse gas emissions by 20 percent by 2030, according to a press release [text] detailing the legislation. The bill would accomplish this through increased fuel efficiency standards, building energy performance, and the promotion of alternative sources of energy, such as nuclear power plants and closing coal plants by 2018. In the press release, Lugar was critical of similar legislation recently proposed by Democratic lawmakers, to which his bill is intended as a counter-proposal. Lugar outlined his objections to a cap-and-trade [CFR backgrounder] scheme and called for a consensus on the issue. He explained:[The Democratic proposals] represent a significant disconnect with the priorities of Americans. They could add significant - and perhaps debilitating - expense to our already fragile economy and they would be an invitation to special interest protectionism. It is also becoming more apparent that cap and trade schemes are not meeting their designed goals. ... By placing carbon reductions ahead of solving energy vulnerabilities, the cap and trade bills situate the energy debate on the most controversial and unsustainable political ground. Energy policy would benefit greatly from something close to a political consensus. The most contradictory outcome would be the imposition of an expensive cap and trade plan by a narrow political margin at a time when the added expense could intensify economic pressures in the United States, thus undercutting the appetite of Americans for any efforts toward carbon reductions. The bill is cosponsored by Senators Lisa Murkowski (R-AK) and Lindsey Graham (R-SC) [official websites]. Their sponsorship comes as a blow to Democratic efforts to pass comprehensive climate change legislation, due to the fact that Murkowski and Graham had been in negotiations with Democratic leadership and the Obama administration over legislation introduced to Congress earlier this session.
Comprehensive climate legislation represents a major part of President Barack Obama's legislative agenda. In April, Graham withdrew support [JURIST report] for a comprehensive climate change bill [materials], delaying the unveiling of the legislation and casting its prospects for passage into doubt. The bill had been under negotiation between Graham and Senators John Kerry (D-MA) and Joseph Lieberman (I-CT) [official websites] for six months. It was announced Monday that the Kerry-Lieberman bill would be introduced as an amendment [NYT report] to an energy bill [S 1462 materials] passed out of committee [KVTA report] with the support of Murkowski in June 2009. Graham, the only Republican Senator that has agreed to work with the Obama administration on the Kerry-Lieberman bill, decided to walk away from it due to reports that Democratic leadership planned to move forward with immigration reform [JURIST news archive] legislation first. Graham has also criticized the bill [The Hill report] on the grounds that it does not expand oil exploration and drilling in the Gulf of Mexico, something that Democratic lawmakers have declined to pursue in light of the BP Deepwater Horizon oil spill [BBC backgrounder]. Senate Majority Leader Harry Reid (D-NV) [official website] stated his commitment to passage of both the climate bill and immigration reform legislation before the November midterm elections and the end of the current session of Congress. The US House of Representatives [official website] passed [JURIST report] its version of the climate bill [HR 2454 materials] in June on a narrow 219-212 vote. The bill calls for a reduction in greenhouse emissions by 17 percent from 2005 levels by 2020, and by 80 percent by 2050 by establishing a cap-and-trade system. The bill establishes first-time limits on greenhouse gases that will become progressively stricter.


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UN rights commissioner urges Kenya to investigate 2007 post-election violence
Hillary Stemple on June 9, 2010 1:25 PM ET

[JURIST] UN High Commissioner for Human Rights Navi Pillay [official website] on Tuesday renewed calls for Kenya to establish a special tribunal [statement] to investigate crimes committed following the 2007 presidential elections [JURIST news archive]. Pillay called the investigation into the deadly violence [JURIST report] by the International Criminal Court (ICC) [official website] a "major development." She warned, however, that the ICC's role would be limited to a handful of high-profile cases, which is why the need for a more wide-reaching investigation remains. Pillay also praised the ongoing efforts to reform the Kenyan constitution [JURIST report], but cautioned that the creation of a new constitution is only the first step toward reform. She noted that reform must include all levels of government, including the judiciary and law enforcement, and she called on all Kenyans to take responsibility for the reform, stating: The difficulties facing Kenya are serious, but definitely not insurmountable, as the country enters this critical period encompassing the referendum on a new Constitution, widespread reforms, and the 2012 election. I urge everyone - politicians, religious figures, media, ethnic leaders as well as the general public - to think about what is best for Kenya, what gives Kenya the best chance to come out of this tense and difficult period of its history with its head held high. This is not a time for self-interest, for strategies that appeal to narrow constituencies, not a time to put personal ambition and finances before the good of the country. It is the moment to take the necessary steps to build solid legal foundations, reform malfunctioning institutions, and impose accountability.
Pillay indicated that she had discussed the possibility of a special tribunal with members of the Kenyan government and that she was assured "the option is still open."
The allegations of fraud [JURIST report] following the 2007 elections led to violence that caused the deaths of more than 1,000 people and displacement of 500,000 others, and remains a concern in the international community. The ICC initiated a formal investigation into the violence after Kenya failed to conduct [JURIST report] its own investigation. ICC prosecutors have named 20 senior political and business leaders [JURIST report] whom they say allegedly "bear the gravest responsibility" for the post-election violence. The ICC's decision to authorize the prosecutor's investigation means that Kenyan leaders may be called before the court


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UN Security Council imposes new sanctions on Iran
Sarah Miley on June 9, 2010 1:06 PM ET

[JURIST] The UN Security Council [official website] voted Wednesday to impose a fourth round of sanctions on Iran [press release] for failure to disband the nation's uranium enrichment program. Twelve member countries voted in favor of resolution 1929 [text, PDF], with Brazil and Turkey voting against and Lebanon abstaining. The council has asked Iran to cease its enrichment procedures and resolve international concerns over its nuclear program. The council stated that Iran has been continually uncooperative with the International Atomic Energy Agency (IAEA) [official website], and that the development of the country's nuclear program poses a serious proliferation risk. The UN outlined the new sanction imposed by the resolution:[R]esolution 1929...builds on previous sanctions by deciding that Iran shall not acquire an interest in any commercial activity in another State involving uranium mining, production or use of nuclear materials and technology. The Council also decided that all States shall prevent the supply, sale or transfer to Iran of battle tanks, armoured combat vehicles, large calibre artillery systems, combat aircraft, attack helicopters, warships, missiles or missile systems. It also asks States to take all necessary measures to prevent the transfer to Iran of technology or technical assistance related to ballistic missiles capable of delivering nuclear weapons. In addition, the resolution contains provisions to help block Iran’s use of the international financial system, particularly its banks when they may be used to fund proliferation and nuclear activities. Iran has repeatedly claimed that its nuclear program was developed for peaceful purposes, but several members of the international community contend that Iran's enrichment program was designed for military purposes, which is in direct violation of the Nuclear Non-Proliferation Treaty [UN backgrounder]. US President Barack Obama [official website] praised [transcript] the Security Council's decision stating that "actions do have consequences and today the Iranian government will face some of those consequences." Obama closed his statement by saying that even though Iran is facing additional sanctions, the US will not "close the door on diplomacy" between the two nations.
Iranian President Mahmoud Ahmadinejad [BBC profile; JURIST news archive] on Saturday strongly criticized new attempts to impose UN sanctions on his country's nuclear program. Ahmadinejad was in Uganda meeting with President Yoweri Museveni when he made the comments. The Iranian leader said that actions being taken by the US and its allies in the Security Council are illegal and that his country will not accept any pressure. He also said that any evidence submitted by the US and Britain for new UN sanctions amounted to "lies" similar to the claims made over nuclear weapons in Iraq which served as an impetus to the 2003 war. In December 2006, the UN Security Council imposed sanctions [JURIST report] on Iran for continuing to enrich uranium and broadened them [JURIST report] three months later. The UN had previously ordered Iran to stop expanding [JURIST report] its nuclear program by August 31, 2006. Iran has said it will completely withdraw [JURIST report] from the IAEA if its "nuclear rights" are taken away.


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Bolivia parliament advances indigenous justice system bill
Dwyer Arce on June 9, 2010 11:38 AM ET

[JURIST] The Bolivian National Congress [official website, in Spanish] on Tuesday approved legislation [text, PDF; in Spanish] that would create an independent justice system for indigenous communities. The Law of Judicial Authority, passed by the Chamber of Deputies [official website, in Spanish], the lower house of Congress, would create a system of "communal justice" that would expedite the settlement of disputes [La Prensa report, in Spanish] and end the colonization of justice, according to supporters. The bill would also create governmental agencies designed to defend the individual and collective rights of Bolivians. The law would restructure the Bolivian courts [GlobaLex backgrounder], creating a greater number of specialized courts, and would seek to extend judicial functions into rural areas. The preamble of the legislation outlined its benefits, stating:The ... new institutions of the multinational state [created by the bill] should greatly exceed the monocultural structure inherited from the colonial past; and should, on the basis of individual and collective effort, in each organizational structure and in all organs and institutions of public power, manifest the ideals of freedom and independence and realize a state that is sovereign, democratic, intercultrual, decentralized and autonomous. Opponents in congress have criticized the bill [El Deber report, in Spanish] as a way in which to get more people from the indigenous population on the courts, regardless of merit. The legislation will now go to the Bolivian Senate, which is expected to approve the bill [BBC report].
The legislation comes as part of a wider campaign by Bolivian President Evo Morales [official profile; BBC profile] to advance the interests of the majority indigenous community, which has been a theme of his presidency [JURIST report]. In March 2009, Morales began redistributing land to indigenous farmers under power given to him by the country's new constitution [text, in Spanish]. In a ceremony on part of the land seized by the government from large owners, Morales turned over about 94,000 acres to Guarani Indians. Bolivia's new constitution went into effect [JURIST report] in February 2009, after being approved [JURIST report] by national referendum the previous month with a 59 percent majority. It is intended to place more power in the hands of the country's indigenous. The constitution was described by Morales, himself a member of the indigenous majority, to be the start of the new Bolivia. The constitution is intended to remove traditional colonial elites from power and to challenge US influence. It also creates seats in Congress for minority indigenous groups. In October 2008, the congress ratified [JURIST report] the proposed reforms after Morales agreed not to run for re-election in 2014.


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Uganda invites Sudan president to AU summit despite war crimes charges
Sarah Miley on June 9, 2010 11:23 AM ET

[JURIST] The Ugandan Ministry of Foreign Affairs [official website] announced Monday that the government has changed its position concerning a previous decision not to invite Sudanese President Omar al-Bashir [BBC profile; JURIST news archive] to an African Union (AU) [official website] summit to be held in Kampala in July. On Saturday, President Yoweri Museveni [official profile] said that Bashir, who is wanted for war crimes by the International Criminal Court (ICC) [official website], had not been invited to the summit [AFP report] but was free to send a representative in his place. The Sudanese government was angered [Sudan Tribune report] by Museveni's statement and demanded an apology. The Foreign Ministry clarified the status of Bashir's summit invitation on Monday, stating that the government had invited the president and had received confirmation that the invitation had been received by the Sudanese embassy in Kampala. Museveni's statements were made during a summit currently being held in Uganda to review the progress of the ICC. Bashir was invited to the review, but chose not to attend due to speculation that he could be arrested on ICC charges of ordering mass murder, rape, and torture in Darfur.
Bashir has continuously eluded an arrest warrant issued by the ICC last year. In March, the president of the ICC said that Bashirwill eventually face justice [JURIST report] in The Hague and compared the Bashir warrant with the successful surrender of former Serbian president Slobodan Milosevic [BBC obituary; JURIST news archive] and former Liberian president Charles Taylor [case materials; JURIST news archive] to the international criminal tribunals. In February, the ICC Appeals Chamber ordered [JURIST report] the Trial Chamber to reconsider adding an additional charge of genocide to the Bashir warrant. ICC prosecutors appealed the decision [JURIST report] not to charge Bashir with genocide in July. The warrant, which charges Bashir with seven counts of war crimes and crimes against humanity, has been a source of tension, with Egypt, Sudan, the AU [JURIST reports], and others calling for the proceedings against Bashir to be delayed, and AU leaders agreeing [JURIST report] not to cooperate with the ruling. Bashir is accused of systematically targeting and purging the Fur, Masalit, and Zaghawa, three Arabic-speaking ethnic groups, under the pretext of counterinsurgency since 2003.


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Rights groups condemn UK plan to return asylum-seeking children to Afghanistan
Hillary Stemple on June 9, 2010 10:26 AM ET

[JURIST] A UK plan that would return children who arrive in the country without a guardian to Afghanistan is being heavily criticized by human rights organizations and refugee advocacy groups. The UK plan calls for the building of a "reintegration center" [Al Jazeera report] in Kabul where approximately 12 males ages 16 to 17 would be sent per month. The UK plan is in line with an EU policy [press release] regarding unaccompanied minors, which stipulates that the best interest of the child must be considered and that returning a child to his country of origin must include a process of reintegration. Human Rights Watch (HRW) [advocacy website] praised certain parts of the EU policy [press release], but added that protecting the safety of the children as well as their legal rights must be a top priority in these cases. The Refugee Council [advocacy website] criticized the UK plan [press release], questioning the decision to return children to a country where they have no family and indicating that little has been said about how the children will be kept say once they have been returned. The advocacy group Refugee and Migrant Justice [advocacy website] contends that the reintegration center will put the safety of the children at risk [press release]. The group also criticized the practice of interviewing refugee children without an adult or proper legal representation, saying the practice leads to "a miscarriage of justice." Similar plans are also being considered in Sweden, Denmark, Norway, and the Netherlands.
On Monday, Amnesty International (AI) [advocacy website] urged European leaders to stop the upcoming deportation of asylum seekers to Iraq [press release; JURIST report] because their human rights may be violated in unsafe regions of the country. Authorities in the UK, Belgium, Sweden, Norway, and the Netherlands are taking part in a joint effort to return the refugees to Iraq after the asylum petitions of many of the refugees were denied. Last month, an Iraqi refugee won a suit [BBC report] against the UK Home Office [official website] in which he claimed that he was threatened illegally with deportation to Iraq after being accused of committing terrorist activities. The UK High Court found that the man's arrest and detention were illegal. The UK government also announced last month that it will review [JURIST report] the country's Human Rights Act [BBC backgrounder] after two Pakistani terror suspects successfully avoided deportation due to concerns for their safety. Certain regions in Iraq remain dangerous [JURIST comment], with violence often targeted against civilians and minorities [JURIST report].


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UN SG urges international oversight in Israel flotilla investigaton
Sarah Miley on June 9, 2010 9:47 AM ET

[JURIST] UN Secretary-General Ban Ki-moon [official website] on Tuesday reiterated the importance of an international component [press briefing text] in the investigation into the May 31 Israeli raid on several Turkish ships bound for the blockaded Gaza Strip [BBC backgrounder]. Ban's original proposal to establish an investigatory panel comprised of representatives from Israel, Turkey, and other unnamed countries, was rejected by Israeli officials [JURIST report] earlier this week. In a UN daily press briefing, associate spokesman Farhan Haq said Ban wants to emphasize that "credible international involvement is crucial to a prompt, credible, impartial and transparent investigation" and that he "understands that Israel is still considering how and if to bring an international element into the investigative process." The UN has not yet received an official response from Israel regarding the implementation of an international investigation.
Israeli officials have insisted that Israel has the ability and the right to resolve matters through an internal investigation, and does not require international oversight. Earlier this week, the Israel Defense Forces (IDF) [official website] launched an internal investigation [JURIST report] into the flotilla attack. The investigatory unit will study the outcomes of the incident, "establish lessons," and present its findings by July 4. Israeli Prime Minister Benjamin Netanyahu [official website] and the nation's seven senior ministers also decided last week to establish a panel of jurists [Haaretz report] to investigate the attack. The panel's inquiry will be independent from the IDF investigation. To restore normal diplomatic ties with Israel, the Turkish government has requested the establishment of an international inquiry, a public apology, and an end to the Gaza blockade. The Turkish flotilla on which the violence occurred was one of six organized by the Free Gaza Movement [advocacy website] to carry protesters and humanitarian supplies to the isolated Palestinian enclave. The Gaza naval blockade began in 2007 after Hamas [CFR backgrounder] forcibly expelled their chief rival, Fatah [CFR backgrounder] from Gaza.


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World peace declined over past year: report
Dwyer Arce on June 9, 2010 9:09 AM ET

[JURIST] World peace has declined over the past year due to a global increase in homicides and violent crime, according to the Global Peace Index (GPI) [report; materials] published Tuesday. The GPI measures countries' relative peacefulness on a rubric of factors that encompass things such as respect for human rights, perceived criminality in society, potential for terrorist acts, and military expenditure. The GPI cited factors such as the rise in violent demonstrations and the increase in fear of violent crime as factors for the drop in global peace. New Zealand, Iceland, and Japan top the list as the most peaceful, and Iraq, Somalia, and Afghanistan were the least peaceful. Despite the overall rise in world conflict, exemplified by the rise in domestic violence in Europe and North America, the report pointed to the increased peacefulness of Africa and the Middle East as improvements over the previous report. The report also highlighted the link between world peace and economics. The report noted that the nations with the highest structural deficits were the ones with the greatest slide in peacefulness over the last year. This was exemplified by the Greek debt crisis [BBC backgrounder] and the deficits of Spain, Ireland, and Italy, and these nations' decline in the rankings over the previous year. According to the GPI, nearly USD $30 trillion would have been added to the global economy over the last four years in the absence of the world's conflicts.
The GPI has been published annually by the Institute for Economics and Peace (IEP) [advocacy website] since 2007. The GPI is based on information compiled by the Economist Intelligence Unit [official website], and compares the relative peacefulness of 149 countries. The IEP claims that the GPI is currently the only attempt to quantify the world's peacefulness in statistical and monetary terms. The GPI has faced criticism [Economist report] for using military expenditures as a factor, which gives countries that benefit from the US security umbrella an advantage. It has also been criticized for not including factors [report] such as violence specific to women and children, including female genital mutilation [WHO backgrounder] and female infanticide [WCAC backgrounder].


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Thailand grants bail to red shirt protesters, extends state of emergency
Erin Bock on June 9, 2010 7:58 AM ET

[JURIST] The Bangkok Central Criminal Court granted bail to two anti-government protest leaders on Tuesday, as the Thai government extended the country's state of emergency. Jatuporn Prompan and Karun Hongsakul face charges of terrorism [Bangkok Post report], instigating violence, and unlawful assembly in connection with their leadership positions in the United Front for Democracy against Dictatorship (UDD) [party website, in Thai], a group known as red shirts [BBC backgrounder] that conducted anti-government protests spanning from March 12 to May 19. The two posted bail [AP report] set at 1 million baht (USD $30,700) each, though the Department of Special Investigation [official website, in Thai] fought to keep the men in jail. As members of Parliament [official website, in Thai] in the opposition Puea Thai Party, both men had immunity until the parliamentary term ended last week, meaning they were not subject to immediate arrest and were eligible to receive special detention conditions. The terms of their bail are unconditional, and the men may travel as long as they do not violate the provisions of the newly-extended state of emergency. The men could face death sentences if convicted of the terrorism charges. Also Tuesday, Prime Minister Abhisit Vejjajiva [official website, in Thai] announced that he will not lift the emergency decree [Bangkok Post report] instituted in April [JURIST report] until July 7 due to suspicion that red shirt protesters are planning additional rallies. Under the state of emergency, civil liberties will continue to be restricted through the institution of curfews and the banning of public gatherings. Additionally, the police have broader powers to arrest and detain, the government may censor media reports and detainees can be held for 30 days without access to legal counsel.
The protests came to end [JURIST report] last month when red shirt leaders surrendered to police, which led to rioting, arson, and the imposition of a curfew to protect citizens of Bangkok and its surrounding areas. The red shirts are supporters of ousted prime minister Thaksin Shinawatra [BBC profile; JURIST news archive], who was removed from power in 2006 [JURIST report]. The group was demanding that Abhisit dissolve parliament and call new elections. Last month, 27 red shirt protesters were sentenced to six months in prison [JURIST report] for violating the emergency decree prohibiting political gatherings of more than five people. Under the strict security law [JURIST report] adopted in March in anticipation of the protests, the detained red shirts faced a sentence of up to a year in prison, but their sentences were reduced because they confessed to the charges. Human Rights Watch (HRW) [advocacy website] has expressed concern about the treatment of anti-government protesters [JURIST report] detained as a result of the protests, criticizing the broad powers given to Thai security forces under the emergency decree. Abhisit has vowed to conduct an independent investigation [JURIST report] of the clashes between security forces and red shirt protesters, which resulted in more than 80 deaths.


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