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Legal news from Saturday, April 9, 2011




US jury acquits anti-Castro militant on perjury charges
Maureen Cosgrove on April 9, 2011 12:05 PM ET

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[JURIST] A federal jury on Friday acquitted anti-Castro Cuban militant Luis Posada Carriles [BBC profile; JURIST news archive] of charges of lying to federal immigration officials. He was indicted [Miami Herald report] before the US District Court for the Western District of Texas [official website] on two counts of perjury and nine counts of making false statements regarding his involvement in the bombing of tourist attractions in Havana [WP report] in 1997 and the 1976 bombing of a Cuban airliner [ASN backgrounder]. US District Judge Kathleen Cardone suspended the trial several times [Miami Herald report] following mistrial motions filed by Posada's attorney, who accused a government witness of lying on the stand and alleged that the prosecution delayed delivery of important documents. The trial, which lasted 13 weeks and included testimony from 33 witnesses, ended after jurors deliberated for just three hours. Prosecuting attorneys will attempt to have Carriles extradited [BBC report] to Venezuela for further proceedings.

Venezuela and Cuba have sought Posada's extradition under the International Convention for the Suppression of Terrorist Bombings and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation [texts] on charges related to the bombings. In April 2009, Venezuela renewed its extradition request hoping the Obama administration would be more open to extradition [JURIST reports] following an indictment [court materials; WSJ report] ordering Posada to stand trial in Texas. Citing the UN Convention Against Torture [text], the US has refused to extradite Posada in the past [JURIST report], saying that he cannot be sent to either Venezuela or Cuba because he is likely to be tortured if extradited to either country. Cuba countered that claim during a November 2008 UN Security Council meeting [press release], pointing to Abu Ghraib and Guantanamo Bay [JURIST news archives] and arguing that while the likelihood of torture in Cuba is speculative, the likelihood of torture in the US is not.




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US House votes against net neutrality regulations
Erin Bock on April 9, 2011 11:48 AM ET

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[JURIST] The US House of Representatives voted on Friday to overturn regulations aimed at preserving the Internet as a free and open platform of communication. The Federal Communications Commission (FCC) [official website] approved the regulations last year [JURIST report], which prevent Internet providers from selectively blocking web access. The House voted 240-179 [Reuters report] in favor of a resolution that blocks the regulations. House Majority Leader Eric Cantor (R-VA) [official website] applauded the passage [statement] as "an important step" for House republicans:
These regulations give the government unwarranted authority to control broadband networks which ultimately will hinder a thriving industry, harm competition and stifle innovation...The passage of this resolution is part of House Republicans' pro-growth agenda to give business people in this county the chance to grow, innovate and compete so that people can get back to work.
House Minority Leader Nancy Pelosi (D-CA) [official website] criticized the resolution [statement], stating that it "will not become law" and that it hinders competition amongst service providers and revokes "basic consumer protections."

On Monday, the US Court of Appeals for the District of Columbia Circuit [official website] granted a motion by the FCC to dismiss [JURIST report] a challenge to the new net neutrality rules. The court dismissed the appeal for improper timing because the challenged rulemaking document has yet to be published in the Federal Register [official website]. The challenges were filed by Verizon and MetroPCS [JURIST reports] in January out of concern over the broad authority the regulations would grant to the FCC. A previous court ruling found that the FCC lacks the power to enforce net neutrality [JURIST report]. Net neutrality is thought by supporters to be essential to the goal of an open flow of information over the Internet regardless of the amount of revenue generated by the information.




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US State Department releases 2010 annual rights reports
Dwyer Arce on April 9, 2011 8:46 AM ET

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[JURIST] The US Department of State (DOS) [official website] on Friday released the 2010 Country Reports on Human Rights Practices [materials]. The report outlined three prevailing trends that shaped human rights in 2010. These included the growth of nongovernmental organizations (NGOs), the increase in access to the Internet and mobile phones, and the continuing escalation of violence, persecution and discrimination. The report also noted that the impact of the ongoing protests in the Middle East and North Africa [BBC backgrounder] on international human rights could not be known:
[W]e cannot predict the outcome of these changes, and we will not know the lasting impacts for years to come. The internal dynamics in each of these countries are different, so sweeping analysis of the entire region is not appropriate. In places like Tunisia and Egypt, we are witnessing popular demands for meaningful political participation, fundamental freedoms, and greater economic opportunity. These demands are profound, they are homegrown, and they are being driven by new activists, many of them young people. These citizens seek to build sustainable democracies in their countries with governments that respect the universal human rights of their own people. If they succeed, the Middle East region, and with it the whole world, will be improved.
In Africa, the report noted the "generally free and fair" presidential elections [JURIST report] in Benin [materials], but that local and municipal elections were replete with irregularities and that the country still faced vigilante violence, police abuse and female genital mutilation. In Kenya [materials], despite the enactment of a new constitution following a free and fair national referendum [JURIST reports], the country still faces corruption, ethnic violence, discrimination and police abuse. In Somalia [materials; JURIST news archive], the report outlined progress, particularly in the autonomous regions of Somaliland and Puntland, in addition to rights set backs under the Transitional Federal Government in Mogadishu.

In East Asia and the Pacific, the report noted a downward trend in human rights in China [materials]: "the government took additional steps to rein in civil society, particularly organizations and individuals involved in rights advocacy and public interest issues, and increased attempts to limit freedom of speech and to control the press, the Internet, and Internet access." DOS also pointed to the detention of Liu Xiaobo [JURIST report] and ongoing corruption, widespread censorship, extrajudicial killings and a lack of due process. In Myanmar [materials], DOS accused the military government of severe human rights abuses, including "extrajudicial killings, custodial deaths, disappearances, rape, and torture," and the failure to investigate a 2003 attack on opposition leader Aung San Suu Kyi [JURIST news archive].

In Europe and Eurasia, DOS criticized France, Germany, Switzerland and Italy [materials] for their treatment of the Roma minority and the Swiss ban on minarets [JURIST reports]. Turkey [materials] also faced criticism over the rights of minorities, but noted improvement in rights as Turkey attempts to reform its constitution and join the EU [JURIST reports]. Azerbaijan [materials] faced human rights issues, particularly relating to the arrests of prominent journalists [JURIST report].

In the Near East and North Africa, DOS found the recent protests and uprisings in Egypt, Libya, Tunisia, Bahrain and Yemen [materials] had an ambiguous impact on human rights in the region, particularly in the context of the government overthrows in Egypt and Tunisia [JURIST reports]. The report also pointed to the ongoing extrajudicial killings, arbitrary detentions, police and military abuses and restrictions on freedom of expression.

In South and Central Asia, the governments of Afghanistan and Pakistan [materials] were criticized for their conduct in the war against the Taliban and al Qaeda. The presidential elections in Afghanistan [JURIST report] were marred by significant irregularities and voter intimidation, according to DOS. In contrast, the 2008 Pakistani elections [JURIST report] were "competitive and reflective of the people's will," restoring democratic rule and leading to some human rights progress. Kyrgyzstan [materials] still faced significant rights issues and ethnic violence despite the overthrow of an authoritarian government and the passage of a new constitution [JURIST reports].

In the Western Hemisphere, the report criticized the governments of Cuba and Venezuela [materials] for harassment by authorities, abuse, and threats against political opponents by state security officials acting with impunity. Following free and fair elections in Honduras [materials], which was the first after the overthrow of president Manuel Zelaya [JURIST report], the Honduran government has attempted to address human rights concerns that had arisen out of the coup. Haiti [materials] faced significant human rights abuses, especially following the breakdown of government control [JURIST report] following the January 2010 earthquake.

The DOS issues its yearly reports on human rights practices to Congress under a legal mandate [22 USC § 2151n], and has filed similar reports for 2009, 2008, 2007, 2006, 2005, 2004, 2003, 2002 [JURIST reports] and previous years. The 2010 report marks the 35th year of the report.




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