JURIST - Paper Chase: Sunday, February 20, 2011

[JURIST] Iranian opposition leader Mehdi Karroubi [NYT profile; JURIST news archive] called Sunday for his own trial to be set up in a public court. In an open letter to the head of the Supreme Judicial System of Iran [GlobaLex backgrounder], Ayatollah Sadeq Larijani [official website, in Farsi], posted on his website Saham News [website, in Persian], Karroubi asked for a public forum in order to ensure a fair trial [AFP report] in defense of the Iranian people. Karroubi was unable to deliver the letter in person as he has been under house arrest [JURIST report] since earlier this month. Iranian security forces reportedly took control of the area outside of Karroubi's residence and barred all family members, except his wife, from entering. The report indicated that the arrest was related to calls by Karroubi for rallies in support of the recent political reform movements in Tunisia and Egypt [CFR backgrounder].

Last week, Iranian lawmakers called for Karroubi and two other opposition leaders, Mir-Hossein Mousavi [BBC profile; JURIST news archive] and former reformist president Mohammad Khatami [BBC profile] to face trial and death after Monday's clash with security forces. Thousands of Iranians protested last week in solidarity with Egypt's revolt against ousted president Hosni Mubarak [Al Jazeera profile]. Pro-government legislators demanded [AP report] the men be held responsible for the protests, which resulted in one death and numerous injuries. Monday's protests in Iran were the first demonstrations since December 2009, following the disputed presidential elections [JURIST news archive] that gave Mahmoud Ahmadinejad [official website] a second term.

[JURIST] The Utah House of Representatives [official website] on Friday approved an Arizona-style immigration law by a 58-15 majority vote. Sponsored by Representative Stephen Sandstrom (R) [official profile], the controversial bill [HB 70 text, PDF] had been amended several times [Salt Lake Tribune report] before going up for a vote. The proposed law will give state law enforcement officials the authority to investigate the immigration status of those they stop or arrest, but under the approved amendments, only for serious crimes. A controversial provision to the bill, which allowed police officers to inquire about a person's immigration status while being stopped or arrested for a misdemeanor, was changed [HB 70 Amended, PDF] last week. Unlike its Arizona predecessor, the Utah immigration bill does not provide an avenue for private citizens to sue local police who do not enforce the law. The House did not pass a proposed amendment [materials, PDF] that would allow illegal aliens "being held for transportation" to remain in the state "if a legal resident of this state offers to sponsor the alien in compliance with the requirements under federal law." The bill will now head to the state Senate [official website] where uncertainty remains as to whether it will pass and be signed into law.

The issue of illegal immigration [JURIST news archive] has been the subject of legislation and lawsuits across the country, and several states have enacted or proposed legislation [JURIST reports] similar to the controversial Arizona immigration law [JURIST news archive]. The Arizona law, which has been widely criticized as unconstitutional for allegedly legalizing racial profiling, has sparked a nationwide debate on immigration policy, prompting calls for immigration reform [JURIST report] from President Barack Obama [official profile]. In October, a judge for the US District Court in the District of Arizona [official website] denied [order, PDF] motions to dismiss a class action lawsuit [JURIST report] challenging the constitutionality of the Arizona law. Two other lawsuits [JURIST report] challenging the law were filed last year and are still pending.

[JURIST] The Wyoming Senate [official website] on Friday approved a bill [text, PDF], that would void in Wyoming any same-sex marriages and civil unions [JURIST news archive] performed in other jurisdictions. Although House Bill 74, Validity of Marriage, passed with a vote of 16-14, the Senate amended [text of amendments] the bill to allow couples to use the state court system to resolve marital disputes:

Parties to a domestic or other legal civil union lawfully entered into in another state, commonwealth, territory, district or possession of the United States or a foreign nation, which are not recognized as a marriage under the laws of Wyoming, shall be entitled to access to the courts of the state for the purposes or resolving disputes that arise out of their domestic or other legal civil union.

Due to the amendments, the bill, which was previously approved by the House [JURIST report], must return to House for a new vote, likely to occur next week [Casper Star-Tribune report].

In addition to House Bill 74, the Wyoming legislature is also considering a state constitutional amendment [JURIST report] to ban recognition of same-sex marriage. The bill has been described as a backup [Billings Gazette report] in case the constitutional amendment fails. Wyoming currently does not allow same-sex marriage. Same-sex marriage is currently legal in Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and Washington, DC. Civil unions were recently approved in Illinois, and Hawaii [JURIST reports] has pending legislation to legalize same-sex marriage.

[JURIST] Italian Prime Minister Silvio Berlusconi [official website, in Italian; JURIST news archive] pledged Saturday to reform the country's judicial system, days after it was announced that he will stand trial for charges of underage prostitution [JURIST report]. Calling himself the "most persecuted man in the history of the justice system," in a released audio statement [audio statement and transcript, in Italian] and an unreleased conference call [Reuters report], Berlusconi outlined several improvements he plans to make in Italy, including reshaping the judiciary branch. He cited, in particular, the Italian Constitutional Court [official website, in Italian], which struck down [JURIST report] parts of a law [materials, in Italian] Berlusconi backed that would grant public officials temporary immunity from charges while in office.

As for future agenda, I summon the Council of Ministers to launch ... [a] special session on constitutional reform ... to ensure that Italy may finally have a fair justice and also a justice worthy of a modern country, that without those injustices, those delays and the inefficiencies that have discouraged foreign investors for years even to come to work with us. There are inequities, inefficiencies and delays ... which has increasingly become a political counter [that] overflows from the constitutional principles and that is always less efficient [rather than] just a public service, which, instead everyone would like it to be.

In the conference call, Berlusconi revealed proposals that include, "a two-thirds majority on the 15-member court will be required to repeal a law." Opposition leaders declared this a sign of desperation.

Earlier this week, Berlusconi was the subject of protests [Reuters] by hundreds of thousands of women, calling for his resignation over his recent sex scandal. In January, hundreds of Italy's judges walked out of their courtrooms to protest the passage of legislation that placed strict time limits [JURIST reports] on the trial and appeals process, which would have allowed charges against Berlusconi to lapse. Italian prosecutors launched a tax inquiry [JURIST report] against Berlusconi in October for tax declarations he made in 2003 and 2004 relating to the commercial broadcast company Mediaset [corporate website, in Italian], which Berlusconi founded. The investigation is the fourth time Berlusconi has faced allegations of fraud in relation to his Mediaset company. In addition to the trial for abuse of power and underage prostitution, Berlusconi has three other pending judicial proceedings.