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Legal news from Thursday, March 24, 2011




UN rights council launches Iran probe
Aman Kakar on March 24, 2011 1:14 PM ET

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[JURIST] The UN Human Rights Council (UNHRC) [official website] adopted a resolution [text, pdf] on Thursday, appointing a Special Rapporteur to investigate human rights violations in Iran. The resolution was adopted [press release] by a vote of 22 in favor, 7 against and 14 abstentions. The Special Rapporteur is required to present an interim report to the sixty-sixth session of the General Assembly and to the nineteenth session of the UNHRC. The US and two additional co-sponsors drafted the resolution, due to concerns expressed by Secretary-General Ban Ki-Moon [official website] in an interim report [pdf] on the situation of human rights in Iran. The interim report expressed concerns over alleged increase in executions, amputations, arbitrary arrest and detention, unfair trials, and possible ill-treatment of human rights opposition activists. Iran spoke at the session as a concerned country and drew attention to Iran's cooperation with the UN and US on human rights issues:
The approach of Iran to the promotion and protection of human rights was based and emanated from its religious and cultural background and its international commitments. The Government of Iran had worked wholeheartedly to ensure the human rights of its people. At the international level, Iran had extended full cooperation to the Office of the High Commissioner for Human Rights and had extended invitations to Special Rapporteurs and had received them on six different occasions. Providing true and timely communications at the request of Special Procedures had been a constant. The Human Rights Council had reviewed and adopted the Universal Periodic Review Outcome on the Islamic Republic of Iran and they had already extended an invitation to the High Commissioner to visit the country this year...Whatever the result of the action would be, Iran would continue its efforts to the promotion and protection of human rights which were inherent, genuine and deeply rooted in its values.
Bangladesh, China, Cuba, Ecuador, Mauritania, Pakistan, and Russia voted against the resolution. Pakistan, Cuba, Uruguay, China , Brazil and Mauritania spoke in general comments and explanations of the vote before the vote. They expressed a preference for dealing with the issue through dialogue and expressed confidence in Iran's continued cooperation with the UN human rights system. Also on Thursday, the Council renewed the mandate of its special investigator on the situation in the North Korea.

Iran has been heavily criticized due to alleged human rights abuses. In January, the International Campaign for Human Rights in Iran [official website] claimed that Iran is on an "execution binge" [JURIST report], killing one prisoner every eight hours. Earlier in January, prominent Iranian human rights lawyer Nasrin Sotoudeh was sentenced [JURIST report] to 11 years in prison. Sotoudeh was found guilty [Guardian report] of "acting against national security" and "making propaganda against the system" for which she will serve five and one years, respectively. She was the lawyer for Arash Rahmanipour, who was arrested for his role in the post-election protests on charges of moharebeh, or being an enemy of God. Rahmanipour was executed [JURIST report] in January 2010. Also, in January, Iranian chief prosecutor Abbas Jafari-Dolatabadi delivered a speech at Tehran University indicating that he would prosecute opposition leaders [JURIST report] for political unrest that took place after the country's 2009 presidential election [JURIST news archive].




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Spain denies legal status to new Basque political party
LaToya Sawyer on March 24, 2011 12:19 PM ET

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[JURIST] The Spanish Supreme Court [official site, in Spanish] on Wednesday denied legal status to new political party, Sortu, in response to the government's concerns that its links to the Basque separatist group ETA [Global Security backgrounder; JURIST news archive] had not been completely severed. ETA is an organization committed to fighting for full nationhood of the Basque region of Spain and France. Spanish and French authorities have proscribed this group as a terrorist organization that is blamed for the deaths of over 800 people. According to the court, Sortu is a successor of the banned ETA-linked party Batasuna [BBC backgrounder; JURIST news archive]. Sortu was created following ETA's January declaration of a permanent ceasefire [CNN report] in Spain and was in response to ETA pro-independence groups deciding against violent measures as an effective way to seek an independent Basque state. Although Sortu has rejected violence, the court's concerns that the ETA has not permanently disbanded prevents the court from taking the new political party seriously. The court's ruling will bar Sortu from participating in May's upcoming elections. Sortu will be able to appeal the court's decision, but the appeals court will unlikely reach a verdict before the elections. The court will release its reasoning for denying Sortu legal status later this week.

ETA killings and attacks have dramatically declined in Spain and France in the past few years in response to increased judicial crackdowns, which are largely responsible for weakening the group. Most notably, in December a French court sentenced [JURIST report] former ETA Basque separatist leader Mikel Albizu Iriarte to 20 years in prison. In the same month, a French appeals court sentenced another former ETA leader, Jose Antonio Urrutikoetxea, to seven years in prison for association with a terrorist organization. Last year, the Spanish National Court [official website, in Spanish] sentenced [JURIST report] Arnaldo Otegi, a former leader of Batasuna , to two years in prison for promoting terrorism. In June 2009 the European Court of Human Rights (ECHR) [official website] upheld [JURIST report] Spain's ban of Basque political groups Batasuna and Herri Batasuna for their alleged ties to ETA.




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Egypt temporary government releases decree criminalizing strikes
Julia Zebley on March 24, 2011 12:09 PM ET

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[JURIST] Egypt's interim government, the Cabinet of Ministers [official website] released a decree [text] on Wednesday that will impose prison sentences for strike actions and inciting protests. Although the Supreme Council of the Armed Forces has yet to rule on the decree, many citizens were outraged and have planned a protest for Friday [Al-Ahram report]. Strikes have been ongoing since the recent revolution, with postal workers, police officers, hospital staff, railway workers, lawyers and journalists, among other groups, continuing to strike for better work conditions and pay. The decree would criminalize any protests, strikes or sit-ins that negatively affect the economy, as well as those who call for or incite action, with a maximum sentence of one year in prison and fines of up to half a million pounds. According to the decree:
The Cabinet reasserted the necessity of immediate stoppage of all demonstrations and strikes witnessed nationwide especially that the cabinet has received huge amount of legal demands and responded to them, and other demands are studied, and that the government is working to prepare a complete frame to deal with policies of employment and incomes.
Last month, the Supreme Council of the Armed Forces pledged to lift the emergency laws [JURIST report] that were in place for nearly 30 years once circumstances in the country improved. The Council also vowed to have a peaceful transition to power and promised not to prosecute "honourable people who refused corruption and demanded for reform." The cabinet's decree also established guidelines for creating new political parties.

Earlier this week, an overwhelming majority of citizens voted yes to constitutional reforms [JURIST report], including parliamentary elections within the next six months. The Egyptian Supreme Council of the Armed Forces last month announced the formation of the judicial committee [JURIST report] to oversee amending the Egyptian constitution. When the council assumed power, it indicated that part of its transition plan [proclamation text] was to form a committee to amend constitutional articles prior to holding a public referendum. The plan followed the intentions of ousted president Hosni Mubarak, who had approved the formation of a panel [JURIST report] to amend the constitution before he resigned. Mubarak stepped down after nearly three weeks of demonstrations [Al Jazeera report] protesting the Egyptian government and calling for his resignation. During the three weeks of protests leading up to Mubarak's resignation, nearly 400 people were killed and 5,500 were wounded.




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Idaho, Kansas lawmakers approve bans on late-term abortions
Sarah Paulsworth on March 24, 2011 9:50 AM ET

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[JURIST] The Idaho Senate [official website] voted 24-10 on Wednesday to approve a bill [SB 1165, PDF] that would prohibit most abortions after 20 weeks of gestation. The "Pain-Capable Unborn Child Protection Act," similar to bills passed in Nebraska last year and approved in Oklahoma and Missouri [JURIST reports] last week, is based on evidence suggesting that a fetus can feel pain after 20 weeks [Reuters report]. Also on Wednesday, the Kansas Senate [official website] passed a similar bill [HB 2218, PDF], with a vote of 24-13 [Reuters report], that would prohibit most abortions after 21 weeks of gestation. The Kansas House [official website] approved the same bill [JURIST report] in February. The legislation in both Idaho and Kansas does permit abortions after the 20- or 21-week mark, respectively, only in cases where the mother's life is at risk or she faces serious injury. Doctors who perform abortions after that would be subject to criminal prosecution, but there would be no penalty for women undergoing the procedure. Idaho's "Pain-Capable Unborn Child Protection Act" will now be forwarded to the House for approval and is expected to pass, while Kansas Governor Sam Brownback [official website] is expected sign the Kansas provision into lawn.

Some groups have criticized the recent passage of Pain-Capable Unborn Child Protection Acts throughout the country, asserting that they violate the Supreme Court ruling in Planned Parenthood v. Casey [text], which allows for abortions until the fetus can survive viably outside the womb, typically at 22 or 23 weeks. State legislatures have also been implementing other measures to restrict abortions. Earlier this week, South Dakota Governor Dennis Daugaard signed into law a bill requiring women to seek counseling at a pregnancy center and wait three days [JURIST report] before obtaining an abortion. In December the Alaska Superior Court upheld a parental consent notification law, whereas in November, Colorado voters rejected an amendment [JURIST reports] that would have granted fetuses a "personhood" status, effectively banning abortion. In June, then-Florida governor Charlie Crist vetoed a bill [JURIST report] that would have required women seeking an abortion to undergo an ultrasound or listen to a detailed description of the fetus before the procedure would be performed. Oklahoma lawmakers approved a bill [JURIST report] in May requiring women seeking an abortion to complete a questionnaire containing information on marital status, reason for seeking the abortion and whether the pregnancy is the result of rape or incest. This followed laws passed the month before [JURIST report], prohibiting abortions performed because of the gender of the fetus, protecting medical employees who refuse to participate in procedures such as abortion based on religious beliefs, and regulating the use of RU-486, or mifepristone, a chemical used in abortion procedures.




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Ninth Circuit refuses to lift same-sex marriage ban
Ann Riley on March 24, 2011 8:49 AM ET

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[JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Wednesday denied [order, PDF] a motion [text, PDF] to lift the stay order prohibiting gay couples from marrying while an appeal of the invalidation of Proposition 8 [text, PDF; JURIST news archive], California's same-sex marriage ban, is pending. The court relied on the Supreme Court ruling in Nken v. Holder [opinion text], which explains the standards for staying a court order on appeal, and the standard for vacating a stay order articulated in the Ninth Circuit precedent Southeast Alaska Conservation Council v. U.S. Army Corps. of Engineers [opinion text]. California Attorney General Kamala Harris [official website] asked the court to lift the stay [JURIST report] earlier this month, arguing that the appeal is unlikely to succeed in light of jurisdictional concerns [JURIST report] and the recent US Department of Justice (DOJ) [official website] decision to stop defending the constitutionality [JURIST report] of portions of the Defense of Marriage Act (DOMA) [text; JURIST news archive] on the grounds that laws concerning sexual orientation should be subject to a higher standard of review. A three-judge panel for the Ninth Circuit issued the stay [JURIST report] in August.

After being asked [JURIST report] by the Ninth Circuit to weigh in, the Supreme Court of California [official website] announced last month that it will decide whether supporters of Proposition 8 have standing [JURIST report] to defend the measure when state officials have refused to do so. When Judge Vaughn Walker of the US District Court for the Northern District of California [official website] struck down Proposition 8 [JURIST report], then-governor Arnold Schwarzenegger and former attorney general and current Governor Jerry Brown [official website], who were originally defendants in the lawsuit, refused to continue defending the measure on appeal [JURIST report], leaving defendant-intervenors Project Marriage [advocacy website] and other groups to defend the law. In January, the Ninth Circuit also upheld [opinion, PDF] a lower court decision refusing to allow officials from Imperial County, California [JURIST report] to intervene, and Judge Stephen Reinhardt issued a memorandum opinion [text, PDF] on his decision not to recuse himself [JURIST report]. The Ninth Circuit heard oral arguments [video; JURIST report] in the case, Perry v. Schwarzenegger [case materials] in December. The hearing was divided into two one-hour sessions, with the first section focusing on the issue of standing and the second on Proposition 8's constitutionality.




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US soldier pleads guilty to murdering Afghan civilians
Ann Riley on March 24, 2011 7:55 AM ET

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[JURIST] Specialist Jeremy Morlock [JURIST news archive] pleaded guilty Wednesday to three counts of murder as part of a plot contrived with fellow soldiers to kill Afghan civilians. At the court-martial, held at Joint Base Lewis-McChord [official website], Morlock also pleaded guilty [AP report] to one count each of assault, conspiracy, obstructing justice and illegal drug use in exchange for a maximum sentence of 24 years in prison. According to the plea-agreement [AP report], Morlock agreed to testify against his co-defendants. Four other soldiers in Morlock's unit, the 5th Stryker Brigade, are also charged with the deaths of the three Afghan men, which occurred in the Kandahar province in January, February and May of last year. Morlock told the military judge, Lieutenant Colonel Kwasi Hawks, that he and his fellow soldiers began plotting the murders of unarmed Afghans in 2009 and killed the three civilians knowing they were unarmed and posed no legitimate threat. Morlock testified that Staff Sergeant Calvin Gibbs, who is also charged, took the lead in developing the plot. Gibbs maintains [Seattle Times report] that the deaths were a result of combat. In January, the Washington Post first reported that Morlock accepted the plea agreement [JURIST report] offered by US Army [official website] prosecutors. Morlock, charged [JURIST report] June, is the first of the five soldiers to be court-martialed.

Investigations into the 5th Stryker Brigade have led to additional charges for lesser crimes against seven other soldiers. Staff Sgt. Robert Stevens pleaded guilty [JURIST report] in December to shooting two unarmed Afghan farmers following a plea agreement that will allow him to remain in the military after serving a nine month sentence and testifying against other soldiers accused of terrifying civilians. Earlier in the week, the US Army had ordered a court-martial [JURIST report] for Staff Sgt. David Bram, who was accused of severely beating an Army private in his unit to keep him from informing about alleged drug abuse within the unit. The Army announced in May that its Criminal Investigation Command was opening an investigation into the civilian deaths [JURIST report] in Kandahar. These charges are the latest in a number of incidents involving US soldiers in both Iraq and Afghanistan. In April, a military appeals court reversed the conviction [JURIST report] of US Marine Sgt. Lawrence Hutchins III for the 2006 killing of an Iraqi civilian, citing lack of a fair trial. Hutchins was serving an 11-year sentence, reduced from 15 years [JURIST report], for his role in the April 2006 kidnapping and murder of an Iraqi civilian. In December 2009, former soldier Steven Green appealed his conviction [JURIST report] for his role in the rape and murder of a 14-year old Iraqi girl. Green was sentenced to five consecutive life terms [JURIST report] in September 2009.




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Egypt rights commission accuses Mubarak of protester murders
Sarah Posner on March 24, 2011 7:42 AM ET

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[JURIST] A commission of Arab and Egyptian human rights groups have accused former president Hosni Mubarak [Al Jazeera profile] and the police of murdering protesters during the demonstrations in Egypt, according to a local newspaper [Al-Ahram report, in Arabic] on Wednesday. The joint commission has submitted their report to Egypt's top prosecutor for further investigation. The Supreme Military Council of Egypt, which took over after Mubarak's resignation, has instructed Egypt's top prosecutor to investigate the death of protesters [Ria Novosti report] during the three weeks of demonstrations in Egypt. Following the demonstrations, Egypt's chief prosecutor requested last month that Foreign Ministry officials take steps to freeze any foreign assets [JURIST report] belonging to former president Mubarak and his family.

Egypt has been heavily criticized by rights groups and international organizations for its handling of protesters. In February, Amnesty International (AI) [advocacy website] reported new evidence that the Supreme Military Council of Egypt had been torturing protester-detainees [JURIST report]. Through various detainee accounts, AI stated that individuals were tortured "to intimidate protesters and to obtain information about plans for the protests." Also in February, Human Rights Watch (HRW) [advocacy website] reported that the Egyptian military was improperly detaining protesters and allowing prisoner abuse [JURIST report]. The report calculated at least 119 arbitrary detentions and five incidents of torture, providing detainee accounts. HRW contends that the military was targeting human rights activists, protesters and journalists. In January, UN officials including Secretary-General Ban Ki-moon and High Commissioner for Human Rights, Navi Pillay [official websites], urged the Egyptian government to exercise restraint [JURIST report] and respect the rights of protesters. Pillay acknowledged reports of tactics including rubber-coated bullets, tear gas, water cannons and batons, and called on the government to investigate the reports of excessive force including civilian deaths.




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