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Legal news from Saturday, June 4, 2011 |
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UN SG expresses concern over escalation of violence in Syria
Aman Kakar on June 4, 2011 4:52 PM ET

[JURIST] UN Secretary-General Ban Ki-moon [official profile] on Friday expressed concern [statement text] regarding the escalation of violence in Syria and called for end to the repression by security and military forces. Ban cited 70 deaths in the last week, disturbing reports of the deaths of children under torture, live ammunition and shelling in his statement. The statement calls for independent and transparent investigations of the killings. Ban recognized the Syrian government's announcement earlier this week granting amnesty to political prisoners [JURIST report] and the establishment of a committee to establish open dialogue but emphasized that the violent repression must cease in order to have inclusive dialogue and which will lead to the reforms demanded by the Syrian people. The Secretary-General's Special Representative on Violence against Children [official website], Marta Santos Pais, expressed deep concern [statement] regarding reports from UN Children's Fund (UNICEF) [official website] that 30 children have died [press release] as a result of use of live ammunition.
Last month, Human Rights Watch (HRW) [advocacy website] urged Syria to lift the siege [JURIST report] on the town of Daraa and accused Syrian authorities of violating international law in attempting to quell protesters. Movement in and out of Daraa came almost to a halt in April when the Syrian army surrounded the city, cutting electricity, phone lines and Internet services as well as supplies such as food and medicine. In late April, the UN Human Rights Council (UNHRC) [official website], in an emergency special session, publicly condemned the violence used by Syrian authorities [JURIST report] against peaceful protesters. Earlier that month, UN High Commissioner for Human Rights Navi Pillay [official profile] called for Syria to immediately halt the killings [JURIST report] and violence against civilian protesters in response to the fatal shootings of peaceful anti-government protesters. Also in April, Syrian President Bashar al-Assad ended the country's 48-year-old state of emergency [JURIST report], but protests have continued.


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UN Security Council demands removal of Sudan troops from disputed region
Jennie Ryan on June 4, 2011 4:16 PM ET

[JURIST] The UN Security Council [official website] on Friday released a statement [text] demanding the removal of Sudanese troops from Abyei, the disputed oil-producing region between North and South Sudan. Sudanese troops invaded Abyei in May and have occupied the area since, causing an estimated 45,000 residents to flee the embattled area. The troops have looted and ransacked much of the area, including UN food stores and facilities. In their statement, the Council:
[S]trongly condemns the Government of Sudan's taking and continued maintenance of military control over the Abyei area and the resulting displacement of tens of thousands of residents of Abyei. The Council calls on the Sudanese Armed Forces to ensure an immediate halt to all looting, burning and illegal resettlement. The Council stresses that all those responsible for violations of international law, including humanitarian and human rights law, as well as those who ordered those acts, will be held accountable. The Council expresses grave concern about the deteriorating humanitarian situation in the area.
The Council has said it will meet in the coming days to discuss the implementation of the statement.
The Council is not the first to call on leaders of both the northern and southern regions of Sudan to remove troops from the Abyei area. In May, the UN High Commissioner for Human Rights Navi Pillay [official profile] called for a peaceful resolution [press release; JURIST report] to the escalating conflict in Abyei. North Sudan's president, Omar al-Bashir [BBC profile], has stated he will not withdraw troops from the region and insisted that the area belongs to the north. South Sudan is scheduled to become an independent nation in a matter of weeks. A total of 98.83 percent [SSRC materials] of nearly 3.8 million southern Sudanese voters voted for secession [JURIST report] in January's Southern Sudan's Independence Referendum, according to the final polling results released by the Southern Sudan Referendum Commission [official website]. After the official results were announced in the northern capital of Khartoum, al-Bashir, who campaigned against secession, issued a formal decree accepting the result [JURIST report] of the referendum. With the South's secession, the world's 193rd country will be announced on July 9 in the southern capital of Juba.


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Florida ACLU files suit challenging state election law changes
Jennie Ryan on June 4, 2011 3:17 PM ET

[JURIST] The American Civil Liberties Union of Florida (ACLU) [advocacy website] filed a lawsuit [text, PDF; press release] on Friday in the United States District Court for the Southern District of Florida [official website] challenging a new state voting law. The suit was filed by the ACLU in conjunction with the voter's rights group Project Vote [advocacy website], and it seeks to block implementation of HB 1355 [materials]. HB 1355 limits the window for early voting to one week prior to an election, down from the previously established two weeks, and imposes a series of additional regulations on organizations that enlist new voters, including requiring that they register with the state, submit periodic reports and file voter registration materials within 48 hours of completion. It also requires voters that have moved between any of the state's counties to use provisional ballots if they wish to update their information while at a polling location. The suit alleges that the Florida law violates the federal Voting Rights Act (VRA) [text] because it failed to meet VRA requirement that a state law "seeking to administer or implement any voting qualifications or prerequisites to voting, or standards, practices, or procedures with respect to voting that are different from those that were in force or effect on November 1, 1972" submit the law for preclearance by the US Department of Justice (DOJ) [official website] before it can take effect. The suit requests that the implementation of HB 1355 be blocked if it is found the legislation "will have the effect of denying or abridging the right to vote on account of race or membership in a language minority, [and] diminish the ability of minorities to elect their preferred candidates of choice." The ACLU is requesting that a three judge panel hear the suit.
The controversial Florida legislation was signed in to law in May by Governor Rick Scott (R) [official website] after the Florida legislature approved the bill [JURIST report] earlier in the month. Similar pieces of legislation have recently been challenged, with varying results. In May, the Georgia Supreme Court [official website] upheld [JURIST report] the state's 2006 Photo ID Act that requires voters to present one of six government-issued photo identifications in order to vote. The court ruled that the law "does not deprive any Georgia voter from casting a ballot in any election," and that presenting valid identification does not represent an unconstitutional impediment to voting. In contrast, the US Court of Appeals for the Ninth Circuit [official website] in October struck down [JURIST report] a portion of an Arizona law requiring proof of citizenship for voter registration. The court held that the law was inconsistent with the National Voter Registration Act of 1993 (NVRA) [materials], which was passed with the intent of increasing voter registration and removing barriers to registration imposed by the states. The NVRA requires voters to attest to the validity of the information on their registration forms, including their citizenship, but does not require them to provide additional proof of citizenship. The law exceeded the federal statute, requiring applicants to show proof before registering to vote.


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US urges China to release Tiananmen Square protesters
Aman Kakar on June 4, 2011 3:12 PM ET

[JURIST] The US State Department (DOS) [official website] urged the Chinese government on Friday to release protesters [press release] arrested for the peaceful protests in Tiananmen Square [BBC backgrounder] in June 1989. Friday marked the twenty-second anniversary of the suppression of the protests in Tiananmen Square. The DOS also asked the Chinese government to provide an account of those missing, detained or killed during the suppression. The US encouraged the Chinese government to protect universal human rights of peaceful dissenters and to release all that are detained, forcibly disappeared, or placed under house arrest in recent months. According to the right's group Chinese Human Rights Defenders (CHRD) [advocacy website], the Chinese government has implemented [press release] the "most severe repression of dissent and activism since the post-Tiananmen crackdown," and has arrested and detained at least 48 individuals in the months leading up to the anniversary. A spokesperson for the Chinese government rejected the US statement saying that the US was interfering [AP report] with China's internal affairs, and that Chinese citizens enjoy extensive rights and freedoms.
China's human rights record has been widely criticized. In March, UN Working Group on Arbitrary Detention [official website] called on the Chinese government [JURIST report] to free detained human rights lawyer Gao Zhisheng [advocacy website; JURIST news archive], whom they claim is being held in violation of international law. Last year detained Chinese human rights activist Liu Xiaobo [BBC profile; JURIST news archive] was announced [JURIST report] as the winner of the 2010 Nobel Peace Prize. The Chinese government denounced the decision, calling it "contrary to the purpose of the Nobel Prize." In February 2010, a Chinese appeals court upheld [JURIST report] Liu's 11-year prison sentence despite calls for his release from US and EU officials. Liu was tried [JURIST report] in December 2009 on subversion charges in a trial that lasted only two hours and was closed to foreign diplomats. Liu was formally arrested in June 2009 and charged [JURIST reports] in December, but he has been in detention since December 2008, shortly before the petition's release. In June 2009, rights groups marked the twentieth anniversary of the 1989 uprising in Beijing's Tiananmen Square, calling for the government to investigate the incident [JURIST report] and implement changes called for by Charter 08.


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