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Legal news from Thursday, March 3, 2011




Turkish authorities arrest more journalists over alleged coup plot ties
Daniel Makosky on March 3, 2011 2:16 PM ET

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[JURIST] Turkish authorities on Thursday jailed an estimated 10 individuals, including several journalists, allegedly involved with aiding the Ergenekon coup plot [BBC backgrounder; JURIST news archive], amid continued foreign concerns for the treatment of journalists within the country. The arrests were carried out in conjunction with police raids in Ankara and Istanbul, during which authorities copied computer hard drives and confiscated notes from suspects' homes. The investigation's targets are suspected of having ties to the Ergenekon plot, an alleged plan to assassinate prominent members of Turkey's Christian and Jewish minority groups, blame Islamic terrorists for the deaths and use this to delegitimize the ruling Justice and Development Party (AKP) [party website]. Among those detained [AP report] were Nedim Sener, an investigative reporter for two major Turkish newspapers, and Dogan Yurdakul and Mumtaz Idil, employees of Oda TV [media website, in Turkish], an online news website that had been critical of the Turkish government and whose owner was arrested [JURIST report] along with two other journalists last month.

US officials voiced concerns [statement] last month over the treatment of journalists in Turkey, while Turkish officials have warned other countries not to become involved in their domestic matters. In June, a Turkish criminal court began the trial [JURIST report] of 33 retired and active naval officers accused of attempting to overthrow the government and establish military rule as part of the Ergenekon plot. The Turkish government indicted the 33 defendants [JURIST report] in March on charges of attempting to overthrow the government and establish military rule. Also in March, Turkish police detained 20 people in connection with the plot, and Turkish prosecutors charged [JURIST reports] an army general and a state prosecutor with belonging to Ergenekon and plotting to overthrow the AKP. The Ergenekon investigation has been criticized as an attempt by the AKP to silence the opposition and impose Islamic principles [JURIST report] on secular Turkey. Trials against the Ergenekon group started [JURIST report] two years ago, and nearly 200 people have been charged in connection with it.




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Muslim student sues FBI over GPS tracking device
Julia Zebley on March 3, 2011 12:41 PM ET

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[JURIST] Muslim student Yasir Afifi and the Council on American-Islamic Relations (CAIR) [advocacy website] filed a lawsuit [complaint, PDF; press release] against the FBI [official website] on Wednesday after Afifi discovered a global positioning system (GPS) device on the undercarriage of his car. The suit, filed in the US District Court for the District of Columbia [official website], alleges that Afifi's rights were violated when FBI agents attempted to retrieve their tracking device, without explanation for why Afifi was being tracked. Afifi's suit alleges civil rights and constitutional violations, specifically unlawful search under the Fourth Amendment [text], chilling and recording of First Amendment activities, and unlawful agency action:
Defendants' unlawful intrusions into Mr. Afifi's life—initiated as a result of his heritage, lawful associations, and disclosed political views—create an objective chill on Mr. Afifi's First Amendment activities. In addition to the fear Mr. Afifi now feels when expressing his political views and maintaining certain lawful associations, Defendants' actions have deterred others from associating with him, prospective employers most notably. The existence—even if now in the past—of an intensive surveillance operation by Defendants of Mr. Afifi communicate to persons and organizations that Mr. Afifi is at least suspect if not a threat to the physical security of those in my proximity.
Afifi's family resides in Egypt, and he makes frequent trips and phone calls to the Middle East, which he described [NPR report] as fitting the FBI's "profile." FBI spokesperson Michael Kortan [official profile] maintained that the FBI conducts all of its investigations under Department of Justice (DOJ) [official website] and FBI guidelines. Afifi seeks an injunction ending the FBI's investigation of him, a declaratory judgment that his rights were violated, attorney's fees and expenses of litigation, and damages for emotional distress.

The use of GPS technology and other surveillance devices [JURIST news archive] by law enforcement agents has been a controversial issue in the US, with courts across the country coming to divergent conclusions. In December, the DC District Court declined to rehear en banc [JURIST report] a bid by the DOJ to overturn a decision that prevents the government from using GPS technology to track suspects without a warrant. A Pennsylvania appeals court allowed use of evidence obtained with GPS technology [JURIST report] in December. In September, a three-judge panel for the US Court of Appeals for the Third Circuit [official website] ruled [opinion, PDF] that at times the government might need a warrant to obtain cell phone data [JURIST report] to track a person's location. Last year, the US Supreme Court unanimously held that, even if there is a reasonable expectation of privacy in work-issued electronic devices, that an employer's search of private text messages does not violate [JURIST report] the Fourth Amendment so long as the search is not excessive and is pursuant to a legitimate work-related purpose.




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ICC to launch probe of Gaddafi crimes against Libya protesters
Daniel Richey on March 3, 2011 12:17 PM ET

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[JURIST] International Criminal Court (ICC) Chief Prosecutor Luis Moreno-Ocampo [official profile] announced Thursday that he will investigate allegations of crimes against humanity [BBC video] by Libyan leader Muammar Gaddafi [BBC profile; JURIST news archive] and his inner circle. According to Moreno-Ocampo, "the office of the prosecutor decided to open an investigation into alleged crimes against humanity committed in Libya" based on reports of brutal treatment of "peaceful demonstrators" by Libyan security forces dating back to February 15. Moreno-Ocampo specifically identified Gaddafi, his sons and his political allies as targets of the investigation and warned Libyan officials that complicity in such abuses would result in prosecution. "In the coming weeks, the office will investigate who are the most responsible for the most egregious incidents," and ICC judges will issue warrants for parties implicated in the probe, said Moreno-Ocampo. "This is a court of justice. Judges will decide." The Rome Statute [text] enables the ICC to proceed with an investigation unless the crimes committed do not fall under the court's jurisdiction. UN Security Council [official website] Resolution 1970 [text] gives the ICC jurisdiction over the current situation in Libya.

On Saturday, the UN Security Council voted unanimously [press release] to impose sanctions [JURIST report] on Gaddafi, marking the first unanimous referral to the ICC in UN history. Resolution 1970 also received support from Libya's delegation itself, which renounced Gaddafi on Friday [Reuters report]. The UN General Assembly voted Tuesday to suspend Libya [JURIST report] from the Human Rights Council (UNHRC) [official website] in response to the violent suppression of peaceful protesters by forces loyal to Gaddafi. According to a statement issued by the court Monday, the ICC will not grant immunity [JURIST report] to any person perpetrating crimes against humanity in Libya.




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UN rights chief condemns Pakistan blasphemy law
Sarah Paulsworth on March 3, 2011 11:31 AM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] on Wednesday condemned [press release] the assassination of Pakistani Minister for Minority Affairs Shahbaz Bhatti and expressed her opposition to Pakistan's controversial blasphemy law [text; JURIST news archive]. Bhatti, a member of Pakistan's Christian minority and outspoken critic of Pakistan's blasphemy laws, was killed Tuesday while traveling to work [BBC report] when gunmen opened fire on his vehicle. Tehrik-i-Taliban [Geopolitical Monitor backgrounder] later said that it carried out the attack. "I urge the Government of Pakistan to honour the courageous stand of Mr. Bhatti and Mr. Taseer by supporting their position on the blasphemy laws." Pillay said in a statement. "To do otherwise will simply encourage similar acts of violence and lawlessness as a means of scaring governments off from making much needed human rights reforms. Murderers should not be rewarded by getting what they want, in terms of government policy."

Last month, a Pakistani court indicted [JURIST report] police guard Malik Mumtaz Hussain Qadri, accused of assassinating [JURIST report] liberal politician and governor of Pakistan's Punjab province Salman Taseer for opposing the nation's blasphemy law. Controversy surrounding Pakistan's blasphemy law has recently been reignited over the case of Asia Bibi, a Christian woman sentenced to death for insulting the Prophet Muhammad [JURIST news archive] during an argument with other women in her village last year. Tasseer had spoken in Bibi's defense. In December, the Lahore High Court (LHC) [official website] ordered a stay against any amendments to Pakistan's blasphemy laws pending further proceedings. The blasphemy laws were introduced in 1986 as a way of protecting Muslim beliefs from insults. In response to the repeated calls for repeal, Pakistani Federal Minister for Minority Affairs Shahbaz Bhatti has said the laws may be amended to prevent misuse, but they will not be repealed. Advocacy groups such as Human Rights Watch [JURIST report], as well as LHC advocate Saroop Ijaz [JURIST op-ed] have called for the laws to be repealed.




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UK to appeal ECHR ruling on prisoner voting rights
Ann Riley on March 3, 2011 7:53 AM ET

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[JURIST] The UK government on Tuesday commenced legal measures to overturn [written answers] a controversial European Court of Human Rights (ECHR) [official website] ruling [JURIST report] that declared the UK's ban on prisoner voting rights unlawful. The government requested that the ECHR decision [press release, PDF] in Greens and MT v. the United Kingdom [judgment text] be appealed to the Grand Chamber [official website] of the court, believing it may reverse the precedent that grants prisoners the right to vote. Greens, a UK prisoner convicted of rape, commenced an appeal [BBC report] last week to ensure his right to vote before the upcoming May elections. A panel of five judges will ultimately decide whether to refer the decision to the Grand Chamber. Last month, the UK House of Commons [official website] voted to reject the ECHR ruling [JURIST report] and continue preventing prisoners from voting in British elections. The UK plans to argue [BBC report] that the court should consider the vote and clarify the contradictory case law. In the written answer, Cabinet Office Minister Mark Harper [official profile] said:
The Government has requested that the court's judgment in the "Greens and MT" case be referred to the Grand Chamber of the European Court of Human Rights (ECHR) - the highest tier of the ECHR. If the Grand Chamber agrees to the referral, they will look again at the judgment and issue their opinion. The basis of the Government's referral request is that we believe that the court should look again at the principles in "Hirst" which outlaws a blanket ban on prisoners voting, particularly given the recent debate in the House of Commons. The referral request also points out the need for clarity in the ECHR's case law in this area.
The controversy over UK prisoner voting rights stems from a 2005 case filed by John Hirst, who had been sentenced to life in prison for killing his landlord. Hirst claimed he should be able to vote while in prison and the ECHR agreed, ruling [judgment] that the Representation of the People Act of 1983 [text] breached Hirst's human rights.

The recent disagreement [BBC report] with the ECHR invoked outrage in the UK and generated proposals for a British Bill of Rights by various members of the British government. Last week, former UK Lord Chief Justice Lord Woolf warned that a British Bill of Rights would conflict [JURIST report] with the European Convention on Human Rights [text, PDF], which the UK has incorporated into its law. While the government has not stated an intention to withdraw from the convention, Woolf has warned that continued adherence to the convention combined with the creation of a British Bill of Rights would create complications for judges in determining which to follow and further the existing conflict between the UK and the ECHR. The UK currently incorporates the European Convention on Human Rights into its law, but the ECHR has the final interpretation. Also in February, UK think tank Policy Exchange [think tank website] called for the UK to withdraw from the ECHR [text, PDF; JURIST report] in favor of a domestic high court. The report proposes that the UK to try to negotiate reforms with the court to limit its jurisdiction, and, if unsuccessful, suggests that the UK consider withdrawing from the jurisdiction of the ECHR altogether. Following, the Supreme Court in London would be the final appellate court for human rights law, with no right to appeal to the ECHR.




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