 |
|

Legal news from Sunday, March 27, 2011 |
 |
|


Egypt protest ban violates international law: HRW
Erin Bock on March 27, 2011 4:38 PM ET

[JURIST] Human Rights Watch (HRW) [advocacy website] on Friday condemned [press release] a ban on strikes and inciting protests [JURIST report] in Egypt as a violation of international law. Upon ratification by the Supreme Council of the Armed Forces [NYT backgrounder], the proposed law will impose prison sentences and fines for strike actions and inciting protests that would negatively impact the economy. HRW alleged that the proposed law is overbroad and vague and violates international law because it does not meet the "narrowly permitted grounds for limits on public assembly under international law" and its references to "national security" and "public safety" do not refer to situations involving an immediate and violent threat. HRW also cited the International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (CESCR) [texts, PDF], stating that as a state party, Egypt must respect the rights to freedom of assembly and freedom of expression. HRW criticized the law as a hindrance to democracy, "betray[ing] ... the demands of Tahrir protesters."Concerns about the economy or the security situation are no justification for repressive laws and no substitute for responsible policing and sound economic policies. Economic difficulties are no excuse for limiting people's rights. ... The provisions of this law criminalizing demonstrations that disrupt public works or harm societal peace are as overly broad and open to abuse as the restrictions in place under the Mubarak government. It's quite shocking, really, that a transitional government meant to replace a government ousted for its failure to respect free speech and assembly is now itself putting new restrictions on free speech and assembly. In order to show their respect for human rights, HRW recommended that the cabinet and military council reverse the ban, issue a public statement regarding the right to peaceful strikes and demonstrations, and end the country's state of emergency [JURIST news archive], which has been ongoing since 1981.
In February, the military council pledged to lift the emergency laws [JURIST report] 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." Last week, a majority of Egyptian citizens voted to approve constitutional reforms [JURIST report], including parliamentary elections within the next six months. The council took over control of the country after former president Hosni Mubarak [Al Jazeera profile] was forced to step down following nearly three weeks of demonstrations 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.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Rights group brings FOIA suit against US agencies over Honduras coup
Erin Bock on March 27, 2011 4:03 PM ET

[JURIST] The Center for Constitutional Rights (CCR) [advocacy website] filed a complaint [text, PDF] on Thursday to compel the release of documents related to the 2009 Honduras coup [JURIST report]. The complaint names the US Department of Defense (DOD) and Central Intelligence Agency (CIA) [official websites] as defendants alleging the agencies withheld documents requested under the Freedom of Information Act (FOIA) [5 USC § 552; JURIST news archive] regarding if and how the US government and its interests affected the coup. The complaint details the events of the 2009 coup where the Honduran military kidnapped then-president Manual Zelaya from his home and put him on a plane to Costa Rica. The complaint refers to the coup as "one of the most significant recent political events in the region" and states that the US continues to have a close relationship with Honduras, including training members of Honduran military and security forces.In light of the close relationship between the United States an Honduras, it is probable that little goes on in Honduras without the knowledge of, and/or consultation with, the U.S. Government. ... Despite public information regarding the U.S. Government's knowledge of the coup and its perpetrators, before and during the actual commission of the act, Defendants refuse to release and continue to unlawfully withhold documents responsive to Plaintiff's requests. In addition to the complaint, the CCR also filed several more FOIA requests [press release] with the DOD and CIA on behalf of the Honduras Commission for Truth (CDV) [official website], an organization tasked with investigating and establishing human rights violations that occurred during the coup.
In November, International Criminal Court (ICC) [official website] chief prosecutor Luis Moreno-Ocampo [official profile] opened a preliminary investigation [JURIST report] into the 2009 coup. In July, a Honduran court dismissed abuse of power charges against Zeleya because Zelaya's successor granted amnesty [JURIST reports] to Zeleya and those involved in his removal. In June, Amnesty International (AI) [advocacy website] accused the Honduran government [JURIST report] of failing to address human rights violations stemming from the June 2009 coup. AI contends that hundreds of people opposed to the coup have been beaten and detained. The group cited evidence that judges critical of the coup have "suffered a series of arbitrary transferrals and unfair disciplinary proceedings" as well as threats and intimidation.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Lawmaker proposes halt to US military action in Libya
Drew Singer on March 27, 2011 1:43 PM ET

[JURIST] US Representative Justin Amash (R-MI) [official website] on Friday announced [press release] legislation requiring an immediate halt to military action in Libya until Congress authorizes its resumption. The Restoring Essential Constitutional Constraints for Libyan Action Involving the Military (RECLAIM) Act [text, PDF] cites Article 1, Section 8 [Cornell LII backgrounder] of the Constitution while declaring that President Barack Obama must obtain authorization before any further military action is conducted. Amash explained the legislation:Without approval from Congress, and absent an imminent or actual threat to our nation, the President does not have the constitutional authority to take us to war. The RECLAIM Act will enforce the constitutional requirement that Congress approve of an offensive military operation. Until the President seeks and is given authorization from Congress, air strikes in Libya must be halted. Sending our brave men and women into harm's way demands careful consideration. Whether or not Congress agrees with the President’s decision, initiating this conflict was not his decision to make alone. The legislation also includes a prohibition on the use of appropriated funding for military action in Libya, but recognizes the "President's inherent authority to defend the country against an attack or imminent danger of an attack."
Operation Odyssey Dawn [GlobalSecurity backgrounder], a US-led military operation, has been conducting air strikes against the government of Libyan leader Muammar Gaddafi [BBC profile; JURIST news archive] for two weeks. The action began after the UN Security Council approved Resolution 1973 [text] earlier this month, imposing a no-fly zone over the country. The mission, as well as US involvement absent Congressional approval, has been controversial. JURIST Contributing Editor Michael J. Kelly [official profile] has argued that Obama has the constitutional authority [JURIST op-ed] to conduct the operation under the 1973 War Powers Resolution [50 USC § 1541 et seq.]. The resolution leaves Obama 92 days to act without Congressional authorization. Congress, however, reserves the right to "pull the plug," but has never before done so according to Kelly. JURIST Guest Columnist Curtis Doebbler [official profile] has argued that the operation violates international law [JURIST op-ed] by failing to comport with Article 42 of the UN Charter [text], which requires a determination that "measures not involving the use of force" have failed.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|
| For more legal news check the Paper Chase Archive...
|
|
|