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Legal news from Sunday, May 15, 2011




Belarus presidential candidate sentenced to 5 years in prison for inciting riots
Julia Zebley on May 15, 2011 3:31 PM ET

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[JURIST] Belarus's Minsk City Court on Saturday sentenced former presidential candidate Andrey Sannikau [Free Belarus Now profile] to a five-year maximum security prison sentence for organizing protests following the re-election [JURIST report] of President Alexander Lukashenko [BBC profile, JURIST news archive] in December 2010. Lukashenko reportedly won 80 percent of the vote, while Sannikau was second with a distant 2.5 percent [RFE/RL report]. Currently, four other presidential candidates are awaiting trial, while one was released in January [JURIST report], and another has fled Belarus to seek asylum in the Czech Republic. All of the detained protesters [Belarusian Helsinki Committee] are accused of violating Article 293 of the Criminal Code of Belarus, for inciting and participating in riots. In addition to maintaining that the election was rigged, Sannikau alleged confessions he gave before the trial were extracted under torture and threats to his family. Both the US [press statement] and the European Union (EU) [press release, PDF] have condemned Sannikau's conviction and the ongoing trials, with the US considering all those arrested on December 19 as "political prisoners" and promising to consider Belarus' human rights violations in future dealings with the nation.

Hundreds of activists were also arrested after protesting Lukashenko's 2006 presidential win, including opposition candidate Alexander Milinkevich [JURIST reports]. While Lukashenko has since sought to improve his country's ties with western nations, the US State Department has historically criticized Belarus' human rights record [JURIST report]. The UN General Assembly Third Committee and the International Helsinki Federation for Human Rights [JURIST reports] have similarly denounced Belarus for human rights abuses. In 2008, the Belarus KGB detained at least 16 journalists [JURIST report] and searched their homes and offices for materials that allegedly libel Lukashenko. Also in 2008, Belarusian district courts sentenced at least 55 demonstrators [JURIST report], including journalists, for participating in a banned "Freedom Day" rally in Minsk to protest the presidency of Lukashenko. An opposition activist who was critical of Lukashenko during his 2006 presidential campaign was sentenced [JURIST report] to three years in jail in 2008 by a Belarusian court after being arrested for making comments that Lukashenko was connected to the disappearances of opposition leaders Yuri Zakharenko, Viktor Gonchar and Anatoly Krasovsky.




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Switzerland voters reject proposed ban on assisted suicide for foreigners
Zach Zagger on May 15, 2011 11:57 AM ET

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[JURIST] Voters in the Swiss city of Zurich on Sunday rejected proposed bans on assisted suicide [JURIST news archive] for foreigners seeking an end to their lives. The ban was aimed at stopping [BBC report] a phenomenon known as "death tourism" or "suicide tourism" where people travel to Switzerland from abroad to take advantage of its legal assisted suicide. Voters rejected two referenda: one to ban assisted suicide, and the other to limit it only to residents of Zurich. The city had become a popular destination for travelers from countries where assisted suicide remains illegal, including from the neighboring countries of Germany and France. The local organization Dignitas [official website, in German] has helped more than 1,000 people take their own lives. Two conservative parties, the Evangelical People's Party and the Federal Democratic Union [advocacy websites, in German] supported a one-year residency requirement in Zurich before being allowed to use assisted suicide services. Still, the major left and right parties urged voters to strike both referenda. Assisted suicide has been legal in Switzerland since 1941 and permits a non physician with no vested interest in death to provide passive assistance such as providing the necessary drugs.

Last year, Switzerland's Federal Council and Federal Department of Justice and Police (FDJP) [official websites] introduced legislation to establish stricter rules on assisted suicide after a consultation with local governments, government agencies and other organizations found that 75 percent of respondents favored such a bill. In 2007, the Swiss Supreme Court ruled that people with serious mental illnesses may be permitted to commit physician assisted suicide under certain conditions. Also last year, the UK chief prosecutor issued a new policy for prosecuting assisted suicide cases, that, while not totally legalizing the practice, introduced six public interest considerations against prosecution, including compassion of the suspect, an effort to dissuade the victim and reporting the suicide to the police. Barbara Coombs Lee [President, Compassion and Choices] argued in support of the UK's measures [JURIST op-ed] that assisted suicide for terminally ill adults "has become a necessity for peace of mind in an age when medical science has turned the dying process into a long, slow, tortuous path of pain and degradation of function and personhood." In the US, after a ruling by the Montana supreme court [JURIST report] last year, assisted suicide is now legal in three states: Montana, Oregon and Washington.




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Bangladesh high court rules former martial law regime unconstitutional
Zach Zagger on May 15, 2011 10:19 AM ET

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[JURIST] The Supreme Court of Bangladesh [official website] on Sunday struck down the nation's Seventh Amendment [constitution text] which legitimized the military rule of General HM Ershad. The court declared [Daily Star report] Ershad's martial law rules, regulations and orders to be illegal, void and unconstitutional, upholding a decision by the lower court. The court said, however, that international treaties formed during that period will still stand. Siddique Ahmed, who was convicted for murder by a martial law court in 1986, challenged the constitutionality of the Seventh Amendment and sought to have his conviction overturned. The Supreme Court cancelled Siddique's trial and conviction and ordered a retrial in a lower court. The court also granted Siddique bail to be released from jail. He was serving a sentence of life imprisonment.

Ershad came to power in 1982 after ousting the elected president Justice Abdus Sattar. He then suspended the constitution, dissolved parliament and declared himself the chief martial law administrator. The Seventh Amendment was passed in 1986 to amend the constitution to legitimize Ershad's usurpation.




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