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Legal news from Sunday, July 10, 2011 |
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Europe rights court rejects appeals against Switzerland minaret ban
Aman Kakar on July 10, 2011 3:22 PM ET

[JURIST] The European Court of Human Rights (ECHR) [official website] rejected two appeals [decision, in French; press release] from Swiss Muslims challenging Switzerland's ban on construction of minarets. The court ruled that the appeals were inadmissible because the complaints failed to meet the requirements of Article 35 Section 3 and 4 of the European Convention on Human Rights [text, PDF]. Specifically, the court found that since the appeals were only meant to challenge a constitutional provision in a general manner in Switzerland, the applicants had failed to show any specific injury. Supporters and opponents were not surprised [Swissinfo report] by the ECHR's decision. Hafid Ouardiri, one of the challengers, characterized his failed challenge as a necessary step and was encouraged by the court's statement that the Swiss courts "would be able to would be able to examine the compatibility of a possible refusal to authorise the construction of a minaret with the European Human Rights Convention".
Ouardiri filed his complaint [JURIST report] in December 2009, alleging that the ban violates his rights to freedom of religion and freedom from discrimination under Articles 9, 13, and 14 of the European Convention on Human Rights. In December 2009, a group of Swiss intellectuals called for [JURIST report] the ban's reversal. Swiss Supreme Court President Lawrence Meyer also said [NZZ report, in German], in December 2009 that two suits had been filed in federal court challenging the ban's legality. UN High Commissioner for Human Rights Navi Pillay [official website] has condemned the ban [JURIST report] as a form of religious discrimination. In 2008, the Swiss government announced [JURIST report] that Swiss nationalist parties had gathered enough signatures on their initiative against the construction of minarets [initiative website, in French] to force a national referendum on whether the country's constitution should be amended to ban the structures. The initiative was originally sponsored by the anti-immigrant Swiss People's Party (SVP) [party website].


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UN rights chief urges Senegal not to deport Chad ex-president Habre
Ashley Hileman on July 10, 2011 12:24 PM ET

[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] on Sunday urged Senegal not to deport former Chadian president Hissene Habre [BBC profile; JURIST news archive] back to Chad, where he has been sentenced to death. Pillay advised Senegal to review its decision [AFP report] to return Habre, citing a possible violation of international law due to the absence of guarantees that he would be free from torture and receive a fair trial. Senegal announced its decision [JURIST report] to deport Habre on Friday, with his return scheduled to take place Monday. After refusing to extradite him for years, Senegalese leaders stated their recent decision is based on a desire to be in compliance with the African Union (AU) [official website]. A commission for the AU met last month to discuss a report [HRW report] in which Senegal's progress in organizing a trial was described as "marginal." A court in Chad sentenced Habre to death [JURIST report] in 2008 during a trial from which he was absent.
Last year, an Amnesty International (AI) [advocacy website] report [JURIST report] cited the case of Habre as a prime example of Senegal's "contempt" for the rule of law. In 2009, the African Court on Human and People's Rights (AfCHPR) [official website] found that it lacked jurisdiction [JURIST report] to hear a case against Senegal on whether charges against Habre should be dropped. Habre has been accused of involvement in the murder or torture of more than 40,000 political opponents during his rule from 1982 to 1990. He later fled to Senegal after being removed from power in 1990. Belgium has sought to try him under the principle of universal jurisdiction, but Senegal has long refused extradition. Earlier in 2009, the International Court of Justice (ICJ) [official website] denied [JURIST report] Belgium's request to compel Habre's extradition. Belgium had accused Senegal of violating international law, including Article 7 of the Convention Against Torture, by not trying Habre in Senegal, where he has lived under house arrest since 1990. The ICJ found that assurances made by Senegal that Habre would remain in custody until trial were sufficient and that "the risk of irreparable prejudice to the rights claimed by Belgium is not apparent."


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Thailand opposition lawyers challenge election
Aman Kakar on July 10, 2011 12:14 PM ET

[JURIST] Lawyers associated with Thailand's outgoing ruling Democrat Party filed papers with the Election Commission on Friday [Bangkok Post report] challenging the Puea Thai party's election victory. The filings seek to dissolve the Puea Thai party on grounds that the party's campaign involved former prime minister Thaksin Shinawatra and other banned politicians. A spokesperson for the Democrat Party denied being involved [UPI report] with the legal challenge. Wirat Kallayasiri, a part of the Democrat legal team, stated that the Constitution prohibits executives from any disbanded party to be involved with any other party during the suspension period. Prime Minister-elect Yingluck Shinawatra, Thaksin's sister, and her party, the Puea Thai party, emerged as the victors of the June 3 elections [BBC report] when it won a majority 265 seats in the 500 member parliament.
Thailand's political system has remained unstable following the coup that ousted Thaksin in 2006 and the more recent violent protests took place in Bangkok last spring. In February, seven leaders of Thailand's "red-shirt" [BBC profile; JURIST news archive] pro-democracy movement, another group that opposes the country's current leadership, were released on bail [JURIST report]. They were arrested on terrorism charges stemming from their involvement in the anti-government protests [JURIST news archive] in Bangkok. In January, members of the movement also petitioned the International Criminal Court (ICC) [official website] to launch a preliminary investigation [JURIST report] into whether the government committed crimes against humanity during those protests


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South Sudan officially recognized as independent nation
Ashley Hileman on July 10, 2011 11:13 AM ET

[JURIST] The Republic of South Sudan was recognized as an independent country on Saturday, making it the world's 193rd nation. In the capital city of Juba, President Salva Kiir [BBC profile] was sworn in [Bloomberg report] for a four-year term, in which he hopes to lead the world's newest nation into a time marked by less corruption and violence. After taking his oath, Kiir offered amnesty to rebel groups that continue to create conflict within the country. Voters living in southern Sudan overwhelmingly showed their support for the Southern Sudan's Independence Referendum in January 2011, when it passed with 98.83 percent of the vote. In February, Sudanese President Omar al-Bashir [BBC profile; JURIST news archive], who campaigned against secession, issued a formal decree [JURIST report] accepting the result of the referendum.
Tensions between the newly independent country and Sudan have been especially high as of late. Much of the recent violence stems from action in the South Kordofan region of the Sudan [BBC backgrounder] between Sudanese troops and troops loyal to South Sudan's army. Last month, A UN official denounced continued human rights abuses [JURIST report] against civilians in the region. The UN Under-Secretary-General for Humanitarian Affairs [official website] and Emergency Relief Coordinator Valerie Amos [official profile] said that the UN knows of more than 70,000 people who have been displaced by the conflict, many of whom are subject to violence and targeting due to their ethnic heritage. Additionally, the UN reported that several peacekeepers had been held and tortured [UN News Centre report] in the region, and that those providing humanitarian relief are vulnerable.South Kordofan is a state in the center of Sudan, and has been a disputed territory between Sudan and South Sudan, due to its oil reserves. Despite months of negotiations, a final deal regarding how the two countries will share oil revenue has not been reached.


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