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Legal news from Friday, July 2, 2010




Obama signs law imposing new sanctions on Iran
Hillary Stemple on July 2, 2010 3:39 PM ET

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[JURIST] US President Barack Obama [official website] signed legislation [HR 2194] Friday imposing a new round of sanctions on Iran for failure to disband the nation's uranium enrichment program. Under the new legislation, sanctions will be imposed against parties investing in Iran's petroleum development and aiding in exporting the petroleum. Financial institutions that facilitate certain activities in Iran, including the Islamic Revolutionary Guard [GlobalSecurity backgrounder], will also be subject to sanctions. The UN Security Council [official website] voted last month to impose a fourth round of sanctions on Iran [press release; JURIST report] in order to persuade the country to cease their enrichment procedures and resolve international concerns over their nuclear program. Obama indicated that the legislation "builds on" [press release] the UN sanctions and called the sanctions "a powerful tool against Iran's development of nuclear weapons and support of terrorism."

Iranian President Mahmoud Ahmadinejad [BBC profile; JURIST news archive] has strongly criticized attempts to impose UN sanctions on his country's nuclear program. Last month, 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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Chicago approves new handgun regulations following Supreme Court ruling
Hillary Stemple on July 2, 2010 2:44 PM ET

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[JURIST] The Chicago City Council [official website] on Friday unanimously approved an ordinance placing new regulations on handgun ownership within the city. Under the new ordinance [press release], citizens possessing handguns must keep them inside their homes. The gun owners are not permitted to take their guns into the yard, garage or porch of the home. Additional requirements were also placed on handgun registration. Adults who are legally permitted to own handguns may register one handgun a month and the registration must be renewed every three years. The legislation was enacted four days after the US Supreme Court [official website; JURIST news archive] ruled [opinion, PDF] in McDonald v. Chicago [Cornell LII backgrounder; JURIST report] that the Second Amendment [text] right to bear arms is applicable to the states as well as the federal government. The court remanded McDonald to the US Court of Appeals for the Seventh Circuit [official website], where they are expected to rule that Chicago's current handgun ban [ordinance, PDF] is unconstitutional because it prohibits citizens from keeping handguns in their homes for protection. Chicago Mayor Richard Daly [official website] spoke about the need for the new ordinance on Thursday and called for the city council to act quickly in order to pass restrictions that were within the constitutional limits described by the court in McDonald. The ordinance is scheduled to go into effect on July 12, although lawsuits challenging its validity are expected.

The court's ruling in McDonald cited the holding in District of Columbia v. Heller [opinion, PDF; JURIST report] where the court held that the Second Amendment protects the right to possess a handgun in the home for the purpose of self-defense. The District of Columbia enacted a new series of firearm regulations following the court's ruling in Heller. The regulations were recently upheld [opinion, PDF; JURIST report] by a federal judge who cited Heller, holding that the Second Amendment does not prohibit regulation of firearms where that regulation will "effectuate the goal of promoting public safety."




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Federal judge rules former Guantanamo detainee fit to stand trial
Sarah Miley on July 2, 2010 2:39 PM ET

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[JURIST] A federal judge on Thursday ruled that former Guantanamo Bay detainee Ahmed Ghailani [GlobalSecurity profile; JURIST news archive] is not suffering from post-traumatic stress disorder (PTSD), and is therefore fit to stand trial. The issue of Ghailani's psychological state arose after he requested to be exempt [JURIST report] from prison strip searches because it triggers his PTSD, which he allegedly acquired while being interrogated at an overseas Central Intelligence Agency (CIA) [official website] detention camp. Judge Lewis Kaplan of the US District Court for the Southern District of New York (SDNY) [official website] denied the request, but decided to further investigate Ghailani's PTSD claims. Kaplan concluded that the reason Ghailani has skipped hearings in the case is an effort to frustrate the prosecution rather than the consequence of psychological trauma from strip searches. Kaplan also stated that Ghailani is capable of standing trial and is of the mind to adequately defend himself.

The exemption request was filed in May after Kaplan ruled that Ghailani must attend the opening of his trial [JURIST report], requiring him to submit to strip searches. Kaplan held that the entire visual search was a necessary safety standard to prevent inmates from hiding weapons and other illegal items in body cavities. Last month, Kaplan refused to dismiss criminal charges [JURIST report] against Ghailani, despite his lawyer's claims that he had been tortured in prison. Kaplan held that even if Ghailani were mistreated while in CIA custody, there was no connection between that and the current prosecution. 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 2009, 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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Former Argentina dictator goes on trial for 'Dirty War' rights violations
Sarah Miley on July 2, 2010 1:56 PM ET

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[JURIST] An Argentine court on Friday commenced the trial of former Argentine dictator Jorge Rafael Videla [Trial Watch profile; JURIST news archive], who is facing several human rights violations for his role in the nation's "Dirty War" [JURIST news archive]. Videla was tried and convicted in 1985 along with eight other junta leaders on abduction, torture and murder charges, but was pardoned in 1990 by former president Carlos Menem [BBC profile]. In 2006, a federal judge ruled that the presidential pardon was unconstitutional [JURIST report], allowing criminal charges to be brought against the former dictator. Videla, who is now 84, is also facing charges in Italy, Spain, France and Germany [JURIST reports] involving the deaths of their citizens during the Dirty War.

Videla was charged with an additional 49 counts [JURIST report] of murder, kidnapping and torture in May after the identification of 40 bodies in Buenos Aires last year. Videla has been in prison since 2008 while an investigation is underway for his role in the abduction of children born to political prisoners and forced disappearance victims during Argentina's Dirty War. A court revoked the house arrest conditions he had been granted in 1998 when the investigation began. Despite his age, Videla is now being held in a common cell in Cordoba. During the period Videla was head of the military junta, an estimated 90,000 civilians were killed or disappeared.




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South Africa court convicts former INTERPOL chief of corruption
Hillary Stemple on July 2, 2010 1:38 PM ET

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[JURIST] A South African court on Friday convicted former INTERPOL [official website] president and South African police chief Jackie Selebi [official profile; JURIST news archive] on corruption charges but found him not guilty on charges of obstruction of justice. Selebi was charged [JURIST report] with receiving $170,000 in bribes from convicted drug smuggler Glenn Agliotti [Guardian profile], who was suspected of killing South African mining magnate Brett Kebble. He pleaded not guilty [JURIST report] at the beginning of his trial in October, claiming that the charges against him were fabricated in retaliation for his corruption investigation of two members of the South African National Prosecuting Authority (NPA) [official website]. The court rejected Selebi's defense of a conspiracy against him and found him guilty of granting favors [BBC report] to Agliotti in exchange for money and gifts totaling USD $156,000. A spokesperson for the ruling African National Congress [party website] party praised the South African judicial system [press release], stating that Selebi's conviction "clearly indicates that South Africa as a country is governed by laws that are applied without any fear or favour to anyone, regardless of their standing." Selebi is scheduled to be sentenced on July 14. He could face up to 15 years in prison.

Selebi was a close political ally of former South African president Thabo Mbeki [BBC profile], and the South African government extended [BBC report] Selebi's contract for an additional year in June 2008, around the time a court established [JURIST report] Selebi's trial date. Selebi was suspended from his police post and forced to resign as INTERPOL president after the NPA announced the impending charges [JURIST reports]. The NPA has alleged that Selebi ignored Agliotti's drug trafficking and warned Agliotti that he had been identified in a murder investigation.




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Rights group urges China to investigate Xinjiang riots
Sarah Miley on July 2, 2010 11:08 AM ET

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[JURIST] Amnesty International (AI) [advocacy website] on Friday urged the Chinese government to launch an independent investigation [report, PDF] into the July 2009 Xinjiang riots [JURIST news archive], after receiving new testimony contradicting the current official version of events. AI claims that police officials committed several human rights violations [press release] during the riots, including arbitrary arrests, shootings to disperse peaceful protesters and the excessive use of force. AI has also called for transparent judicial proceedings in accordance with international standards for those arrested during the riots. Addressing the importance of the new testimony, AI stated in its report:
The Chinese authorities have prevented adequate investigation of the July 2009 protests and their background. Consequently, many details of the events remain disputed or are unknown. According to the eyewitness testimonies obtained by Amnesty International, a violent police crackdown on peaceful Uighur demonstrators preceded the eruption of violence on 5 July. Chinese authorities, however, within hours blamed overseas Uighur groups ... for what they described as "premeditated violence" ... a consistent pattern of allegations emerges from the accounts collected by Amnesty International of acts by the security forces that constitute human rights violations which should be fully investigated. It is imperative that the Chinese authorities allow independent and impartial investigation into the events of July 2009, including full access to scenes of confrontation, eyewitnesses, and detainees, whilst ensuring that those providing information to the investigation are protected from harassment, intimidation or punishment.
According to official statistics, at least 198 people have been sentenced [JURIST report] as a result of the Xinjiang riots, including 35 death sentences. Nine people are known to have already been executed.

The actions of the Chinese government in the aftermath of the riots have also been heavily criticized [JURIST report] by Human Rights Watch (HRW) [advocacy website]. HRW has stated that the trials of the suspected rioters have been marred by infringements on due process and political considerations. Additionally, HRW reported [JURIST report] that more than 40 Uighurs [JURIST news archive] had disappeared while in the custody of Chinese authorities after large-scale sweeps by police. Residents of the region claim that the majority of the deaths were at the hands of Chinese authorities, but Chinese state media has reported that most of the deaths were due to protesters. The Chinese government has admitted that police were responsible for 12 of the deaths [JURIST report]. The Muslim Uighur population is opposed [BBC backgrounder] to China's restrictive bans on religious practice and says that the recent influx of Han Chinese has disenfranchised non-Chinese-speaking Uighurs. Violence broke out July 5, after Uighurs attacked Han Chinese during protests ignited by an attack at a factory in southern China that left two Uighurs dead.




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Kyrgyzstan constitution takes effect after referendum results confirmed
Sarah Miley on July 2, 2010 10:44 AM ET

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[JURIST] Kyrgyzstan's new constitution [text, DOC; in Russian] came into effect on Thursday after election authorities released the final results of Sunday's referendum on the charter [JURIST report]. The new constitution will allow the interim government to establish a legitimate government through parliamentary elections in the fall. Final results from the referendum showed that the new constitution was adopted by 90.55 percent of the Kyrgyz voters, according to local news reports [Kabar report, in Russian]. Under the new constitution, parliamentary elections will be held every five years, while presidential elections will be held every six years. The office of president will be limited to one six-year term. Interim President Roza Otunbayeva [BBC profile] will continue to lead the country until presidential elections in 2012. The constitution, approved by the interim government [JURIST report] in May, shifts power from the president to the prime minister, defines Kyrgyzstan as a secular state and increases the number of seats in parliament from 90 to 120.

The government of Kyrgyzstan chose to proceed with the elections [JURIST report] despite ongoing ethnic violence [Guardian backgrounder] against the Kyrgyz Uzbek population. Last month, Otunbayeva issued shoot to kill orders [JURIST report] to the nation's military after the reservists were activated and sent to quell the ethnic conflict that has been primarily focused in the southern cities of Osh and Jalal'abad. The cause of the violence is unclear, but UN Human Rights Commissioner Navi Pillay [official website] and witnesses have described it as organized. One suggested motivation for the violence was to cause a delay of the referendum by allies of ousted Kyrgyz president Kurmanbek Bakiyev [BBC profile]. The interim government has accused the former president's son of paying USD $10 million to finance the violence. He was arrested in the UK earlier this month, and the interim government has promised to seek his extradition. Despite the ongoing violence, voter turnout for the referendum was reported to be about 65 percent.




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Rights group seeks information on US knowledge of Israel flotilla raid
Hillary Stemple on July 2, 2010 10:34 AM ET

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[JURIST] The Center for Constitutional Rights (CCR) [advocacy website] on Thursday filed [press release] eight Freedom of Information Act (FOIA) [materials] requests seeking information relating to the US government's knowledge of the May Israeli raid on several Turkish ships bound for the blockaded Gaza Strip [BBC backgrounder]. Several governmental departments received the requests, including the Department of Defense (DOD), the Department of State (DOS) and the Department of Justice (DOJ) [official websites]. CCR is specifically seeking access to any communication between the US and Israeli governments that occurred before or after the attack. They are also trying to determine if the US government shared information about US citizens living abroad and what is being done to ensure the return of citizens who have been detained while abroad. A spokesperson for CCR cited the importance of the information the group is requesting, stating:
Serious questions remain unanswered about the US response to the attack, its actions and policies, particularly in the context of the blockade of Gaza, internationally condemned as illegal and unjust. Citizens need to know their government will protect their rights under US and international law vis-a-vis a foreign government, including Israel—the biggest recipient of US aid over the last fifty years.
CCR is also requesting access to information surrounding US policy toward the ongoing Gaza blockade, which has been described by UN officials as "collective punishment" [JURIST report].

Israeli Prime Minister Benjamin Netanyahu [official website; BBC profile] indicated earlier this week that he would consider widening the scope of an internal probe [JURIST reports] into the flotilla raid, giving investigators the power to subpoena witnesses. The panel has been asked to investigate the events that took place in the early hours of May 31, when Israeli forces raided six ships attempting to deliver more than 10,000 tons of aid to the Palestinian territory of Gaza. The raid left numerous wounded and resulted in the shooting deaths of nine pro-Palestine activists: eight Turks and one American. Earlier this month, UN Secretary-General Ban Ki-moon [official website] reiterated the importance of an international component [JURIST report] in the investigation into the raid. 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]. 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.




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US House approves bill increasing compensation for oil spill victims
Sarah Miley on July 2, 2010 9:32 AM ET

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[JURIST] The US House of Representatives [official website] on Thursday approved a bill [HR 5503 materials] that would increase compensation for injured workers and victims' families that have filed claims against BP as a result of the recent Deepwater Horizon oil spill [BBC backgrounder; JURIST news archive] in the Gulf of Mexico. The bill marks the first piece of legislation passed by the House in response to the oil spill. The Securing Protections for the Injured from Limitations on Liability (SPILL) Act [text, PDF] would change several laws applying to legal liability on the high seas. The jurisdiction of the 1920 Death on the High Seas Act [text], which allows families of decedents to bring a civil action in federal court, would be extended from three to 12 miles from the US coastline. The amendment would also allow the families of workers who died in the BP oil rig explosion to file a claim for both compensatory and punitive damages, including pain and suffering and loss of companionship. SPILL also amends the 1920 Jones Act [text] to allow recovery for loss of care, comfort and companionship by a individual injured in the course of employment at sea. Representative John Conyers (D-MI) [official website] sponsored the bill, calling the previous legislation "ancient" and "outdated." Some Republicans argued that the bill was too broad because it covers all companies operating on the high seas but did not act to block its passage. Representatives from both parties did agree on at least one issue—that companies directly responsible for the Gulf oil spill should not be allowed to limit damages under outdated laws. The House passed the bill on a voice vote, and was therefore not recorded. The bill will now go before the US Senate.

Calls for criminal and civil actions have been mounting against BP as evidence of the oil company's lack of proper compliance with regulations has come out. Two lawsuits were recently filed [JURIST report] against BP alleging violations of the Rackteer Influenced Corrupt Organizations (RICO) [18 USC § 1961 et seq.]. The first lawsuit, a class action filed on behalf of US residents affected by the oil spill, was filed last week and alleges [complaint, PDF] that BP engaged in a scheme to secure profits by deceiving the public. The second suit, filed Monday, alleges [complaint, PDF] that BP has been involved in racketeering and corruption related to the BP claims payment process. Earlier this month, US Attorney General Eric Holder [official website] announced that the Department of Justice (DOJ) [official website] is reviewing whether any criminal or civil laws were violated [JURIST report] by BP resulting in the oil spill. Holder cited several statutes being examined by government lawyers including the Clean Water Act and the Oil Pollution Act of 1990 [materials]. Last month, DC-based consumer advocacy organization Food and Water Watch (FWW) [advocacy website] filed suit [JURIST report] in a US district court against the US Department of Interior (DOI) and the Minerals Management Service (MMS) [official websites] for an injunction to halt drilling at the BP Atlantis Facility [corporate website], another BP Gulf of Mexico site.




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Rwanda genocide suspect arrested in Uganda
Hillary Stemple on July 2, 2010 9:19 AM ET

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[JURIST] Ugandan police announced Friday that a former Rwandan pastor accused of committing genocide and crimes against humanity relating to the 1994 Rwandan genocide [BBC backgrounder; JURIST news archive] was taken into custody Wednesday. Jean-Bosco Uwinkindi [Hague Justice profile], indicted by the International Criminal Tribunal for Rwanda (ICTR) [official website] in 2001, has been charged [indictment, PDF] with genocide, conspiracy to commit genocide and extermination as a crime against humanity. The indictment alleges that Uwinkindi collaborated with the extremist National Republican Movement for Democracy and Development (MRND) party in order to kill Tutsis. He allegedly led a group of Hutus to look for and kill a group of Tutsi settlers and conspired with members of the militia to kill Tutsis who sought protection in the church where he was the pastor. According to the indictment, approximately 2,000 bodies were found near the church where the violence occurred. Uwinkindi had been one of the ICTR's most wanted suspects, with a $5 million reward being offered [BBC report] for information leading to his capture. Uwinkindi will be transferred to the ICTR in Arusha, Tanzania, where he will stand trial.

Ugandan officials apprehended another highly-sought genocide suspect last October when they arrested [JURIST report] former Hutu intelligence chief Idelphonse Nizeyimana [BBC profile; case materials]. Nizeyimana, who has pleaded not guilty [JURIST report], was charged [indictment, PDF] with four counts of genocide, or, in the alternative, complicity in genocide and crimes against humanity, and is still awaiting trial. Nizeyimana was one of four top accused sought by the ICTR in order to complete its mission. In July 2009, the UN Security Council [official website] extended the terms [JURIST report] for ICTR judges until December 31, 2010, or until they complete their cases. In March 2009, UN Secretary-General Ban Ki-Moon pledged his ongoing support [JURIST report] for the ICTR and stressed that the international community must continue to combat genocide. The ICTR was established to try genocide suspects for crimes occurring during the 1994 Rwandan conflict between Hutus and Tutsis in which approximately 800,000 people, primarily Tutsis, died.




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Rwanda ex-official dies while facing genocide trial at ICTR
Ann Riley on July 2, 2010 8:24 AM ET

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[JURIST] Joseph Nzirorera [personal website], former president of the Rwanda National Assembly and secretary general of the National Republican Movement for Democracy and Development (MRND), died [press release] Thursday following complications from a long illness. Nzirorera was arrested by the International Criminal Tribunal for Rwanda (ICTR) [official website] in July 1998 for crimes relating to the 1994 Rwandan genocide [BBC backgrounder; JURIST news archive] and has since been held in custody, facing a prolonged trial [case materials] that commenced in September 2005. At the time of Nzirorera's death, the defense was presenting the final stages of its case and was planning to cross-examine their last witness next Monday.

Nzirorea was being tried jointly [JURIST report] with Edouard Karemera, former Minister of Interior and Vice-President of the MRND, and Mathieu Ngirumpatse [case materials], former Director General of the Ministry of Foreign Affairs. The accused were charged [indictment, PDF] with conspiracy to commit genocide, direct and public incitement to commit genocide, genocide, complicity in genocide, crimes against humanity and serious violations of Common Article 3 of the Geneva Conventions and Additional Protocol II [text]. The ICTR continues its work to prosecute those most responsible for the Rwandan genocide, in which nearly 800,000 people, primarily Tutsis, were killed.




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House committee votes to lift Cuba travel, trade restrictions
Ann Riley on July 2, 2010 7:26 AM ET

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[JURIST] The US House of Representatives Committee on Agriculture [official website] voted 25-20 Thursday to lift travel and trade restrictions [press release] to Cuba. The Travel Restriction Reform and Export Enhancement Act [HR 4645 materials], which would eliminate travel bans to Cuba and prohibit money transfer restrictions, will now face a full chamber vote. The bill's sponsor, Chairman Collin Peterson (D-MN) [official website], suggested, "increasing trade with Cuba will encourage democratic progress." A similar bill [S 428 materials] is pending in the US Senate [official website]. Senators Byron Dorgan (D-ND) and Mike Enzi (R-WY) [official websites], sponsors of the Senate legislation, claim they have the votes necessary to eliminate [press release] the Cuba travel ban. Planning to push the bill to a vote in the remaining weeks of the legislative session, Dorgan said, "[t]he nearly 50-year embargo and travel ban restricting Americans' right to travel to Cuba has been a failure. The quickest way to bring democracy to Cuba is through travel and trade." Senator Robert Menendez (D-NJ) plans to oppose the bill and filibuster [press release] any attempt to pass it.

A version of the bill [HR 874 materials] was originally introduced [JURIST report] in the House in February 2009. The US Department of the Treasury [official website] in September lifted travel restrictions and restrictions on money transfers [JURIST report] between Cuban-Americans and their families in Cuba. The department also authorized US telecommunications companies to work within Cuba to facilitate communication between families split between the two countries. The Obama administration ordered the restrictions to be lifted [JURIST report] in April 2009. Earlier in 2009, Congress approved legislation that relaxed rules put in place by the Bush administration in 2004 [JURIST report]. In October 2008, the UN General Assembly [official website] adopted [press release] by a vote of 185-3 a resolution [text, PDF] urging the US to lift [JURIST report] its longstanding embargo on Cuba.




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