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Legal news from Friday, August 19, 2011 |
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Australia state to propose law requiring face veil removal
Julia Zebley on August 19, 2011 12:57 PM ET

[JURIST] The New South Wales (NSW) [official website] government is set to propose legislation next week that will require anyone wearing face coverings, including religious veils, to remove them if requested by police for identification purposes. Refusal could result in a $220 AUD fine with the worst potential penalties at a year in jail and a fine of $5500. The proposed law will amend the 2002 Law Enforcement (Powers and Responsibilities) Act [text]. The state premier, Barry O'Farrell [official website] promised that face coverings would only be removed for brief identification and that those with religious objections can go to a police station to be identified in complete privacy. The Islamic Council of NSW [advocacy website] is reportedly fine with the new regulations [AAP report].
Australia is the latest in an international trend to ban the wearing of burqas, niqabs [JURIST news archives] or full face veils in some situations. Earlier this month, an Italian parliamentary commission approved a draft law [JURIST report] that bans women from wearing full-face veils, including the Islamic burqa and niqab in public. In July, Belgium implemented a law banning women from wearing the burqa [JURIST report] in public, with violators facing the possibility of fines or up to seven days in jail. A French Muslim couple living in the UK filed a challenge [JURIST report] in June in the European Court of Human Rights (ECHR) [official website] over the French ban [materials, in French] on full face coverings. Also in June, a Spanish court upheld a city ban on veils in municipal buildings for identification and security purposes. In October, the French Constitutional Council ruled that the ban conforms with the Constitution [JURIST report]. Also in October, Dutch politician Geert Wilders [personal website, in Dutch] said that the Netherlands will ban the burqa [JURIST report] as part of the government's plan to form a minority coalition. In August 2010, Austria's conservative Freedom Party [official website, in German] called for a special vote [JURIST report] on whether to ban face veils and the construction of minarets, two of the most visible symbols of the Islamic faith. In July 2010, Spain's lower house of parliament rejected a proposal [JURIST report] to ban the burqa and other full face veils by a vote of 183 to 162 with two abstaining.


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Lebanon tribunal to investigate bomb attacks related to Hariri case
Jaclyn Belczyk on August 19, 2011 11:59 AM ET

[JURIST] The UN Special Tribunal for Lebanon (STL) [official website] announced Friday that it will investigate three additional bomb attacks [press release] that may be connected to the February 2005 attack that killed former Lebanese prime minister Rafik Hariri [BBC profile; JURIST news archive]. The STL has established jurisdiction over the June 2005 assassination of anti-Syria politician George Hawi, the July 2005 attempted assassination of Deputy Prime Minister and Defense Minister Elias Murr and the October 2004 attempted assassination of lawmaker Marwan Hamadeh [orders, PDF] in October 2004. The rulings do not mean that an indictment will necessarily be issued, but they allow the prosecutor to continue investigating. The STL did not offer any details on how the attacks may be connected.
On Wednesday, the STL unsealed the indictment [JURIST report] against four alleged Hezbollah [CFR backgrounder] members accused of assassinating Hariri. Last week, the STL president made a public plea for the four men to turn themselves in [JURIST report]. Judge Antonio Cassese guaranteed a fair trial and adequate representation and pressed Lebanese citizens to allow the STL to hold the assassins accountable. In February, the appeals chamber of the STL issued a unanimous ruling [summary, PDF] on several procedural issues, including the definition of terrorism [JURIST report], in judicial proceedings. The STL began debate on the issue [JURIST report] to determine which laws to apply in the case against persons accused of involvement in the February 2005 truck bomb that killed Hariri and 22 other people. Using the Article 314 of the Lebanese Criminal Code [text, PDF], the court held that a conviction on the charge of terrorism requires proof of an act intended to spread terror and use of a means "liable to create a public danger," that the only requirement is that "the means used to carry out the terrorist attack be liable to create a common danger" and that the trial judges should be given latitude in determining whether the requirement was met after having considered the facts presented in the case. The STL was established in 2005 at the request of the Lebanese government to try those alleged to be connected to the bombing in which Hariri was killed by explosions detonated near his motorcade in Beirut.


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Ivory Coast ex-president, wife charged with economic crimes
Julia Zebley on August 19, 2011 11:41 AM ET

[JURIST] Former Ivory Coast president Laurent Gbagbo [BBC profile] and his wife Simone were arrested and charged on Thursday for a variety of economic crimes including looting, embezzlement and armed robbery. Most of Gbagbo's remaining supporters were arrested [JURIST report] earlier this month. Although Gbagbo's supporters have been actively sought for arrest, many believe troops loyal to Ivory Coast President Alassane Ouattara [BBC profile; political website, in French] are similarly culpable. Although Ouattara has insisted that all those responsible for war crimes will be prosecuted [JURIST report], none of his supporters has been charged or arrested. However, reports have alleged that violence is still being committed by Ouattara supporters [JURIST report]. Last week, a representative for the UN Mission in the Ivory Coast (MINUCI) [official website] confirmed [JURIST report] that forces loyal to Ouattara are continuing to kill civilians and opposition members in his name, with 26 killings reported between July 11 and August 10.
Last month, Ouattara set up a commission of inquiry [JURIST report] to investigate crimes and human rights violations that took place during the violence following the presidential elections in which former president Gbagbo refused to leave office after losing the election. In April, Gbagbo was captured and forced from office [JURIST report] after refusing to leave despite losing last November's election to Ouattara, which resulted in months of fighting between Ouattara's and Gbagbo's forces. Also that month, Human Rights Watch (HRW) [advocacy website] urged Ouattara to conduct an investigation [JURIST report] into alleged atrocities carried out by his forces in its attempts to secure the presidency. According to the report, the FRCI killed more than 100 civilians, raped at least 20 supporters of Gbagbo and burned at least 10 villages in March. The International Committee of the Red Cross (ICRC) [official website] also reported the deaths of at least 800 civilians [JURIST report] in the Ivory Coast town of Duekoue as a result of intercommunal violence.


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UN rights chief urges Syria ICC probe
Jaclyn Belczyk on August 19, 2011 10:22 AM ET

[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] on Thursday urged the UN Security Council to refer Syria to the International Criminal Court (ICC) [official websites] to investigate the violent suppression of anti-government protests. Pillay's remarks came after the Fact-finding Mission in Syria published its 22-page report concluding that Syrian government forces cracking down on the opposition may be committing crimes against humanity [JURIST report]. Pillay said, however, that she is not optimistic [Al Jazeera report] that the Security Council will act. Also Thursday, a coalition of 50 human rights groups led by UN Watch [advocacy website] sent an open letter [text] to the UN Human Rights Council (HRC) [official website] urging them to mandate a permanent special investigator on Syria and to hold televised hearings in Geneva for victims to testify:We therefore call on the council now to use all measures at its disposal to end the bloodshed. Inter alia, we recommend that the Special Session do the following:
- The council should strongly condemn Syria for its gross and systematic violations of the Universal Declaration of Human Rights, including the right to life.
- Given the inability of the High Commissioner’s fact-finding mission to enter Syria, the council should request the mission to conduct public hearings at the United Nations office in Geneva, featuring live, televised testimony by victims of the Syrian massacres, some of whom have escaped to neighboring countries. ...
- The Council should end the protection gap by appointing a Special Rapporteur on the grave situation of human rights in Syria. ...
- The council should take action to hold the Syrian military and political leadership personally accountable for crimes against humanity.
The HRC is set to hold a special session on Syria [press release] on Monday.
The Fact-finding Mission was established [JURIST report] by the HRC in April but was not permitted to enter the country. Last week, 27 rights groups called for the HRC to convene a second special session on Syria [JURIST report]. Also last week, the Los Angeles Times reported that an unknown Western country is funding an investigation [JURIST report] into Syria's recent human rights abuses. Last month, two UN rights officials expressed concern over reports of violence [JURIST report] used by Syrian authorities against the country's own people. Special Adviser to the Secretary-General on the Prevention of Genocide Francis Deng and Special Adviser on the Responsibility to Protect Edward Luck said that reports of Syrian forces killing or arbitrarily arresting peaceful protesters indicate potentially grievous violations of international human rights laws, and urged officials to adhere to the government's 2005 pledge to protect its citizens. In June, the OHCHR published a preliminary report [JURIST report] describing human rights violations in Syria and calling for an investigation into government-authorized abuses related to pro-democracy protests that began earlier this year.


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US to review deportations in 300,000 immigration cases
Julia Zebley on August 19, 2011 10:02 AM ET

[JURIST] US President Barack Obama announced [press release] major reforms [guidelines, PDF] to America's current immigration [JURIST news archive] system on Thursday, putting 300,000 illegal immigrants' cases up for review and temporarily halting their deportation. The new guidelines direct the Department of Homeland Security (DHS) [official website] to target for deportation those "who have been convicted of crimes or pose a security risk," and "clear out low-priority cases." The priority of a case will be determined by prosecutorial discretion granted in a number of areas: "the person's length of presence in the United States, with particular consideration given to presence while in lawful status;" "the circumstances of the person's arrival in the United States and the manner of his or her entry,particularly if the alien came to the United States as a young child;" "the person's pursuit of education in the United States;" "whether the person, or the person's immediate relative, has served in the U.S. military;" "the person's ties and contributions to the community, including family relationships;" "whether the person is the primary caretaker of a person with a mental or physical disability, minor, or seriously ill relative;" and several other factors. Many of the criteria mirror portions of the Development, Relief and Education for Alien Minors (DREAM) Act [House bill; Senate bill], a bill that has a languished in Congress for a decade which attempts to provide amnesty for illegal immigrants who serve in the military or achieve a college education. During Obama's three years in office, approximately one million illegal immigrants have been deported, with almost 400,000 [AP report] last year alone.
Reactions to the new policy have poured in from around the nation. Senator Dick Durbin (D-IL) [official website], a major sponsor of the DREAM Act, praised the decision [press release]: "The Obama Administration has made the right decision in changing the way they handle deportations of DREAM Act students. These students are the future doctors, lawyers, teachers and, maybe, Senators, who will make America stronger." However, Arizona Governor Jan Brewer (R) [official website] called the announcement backdoor amnesty [press release, PDF]. Rights groups have also been critical of the decision, stating it does not go far enough. The American Civil Liberties Union (ACLU) [advocacy website], in an emailed press release, criticized the focus on criminals for deportation: "The administration says it will focus on individuals with crimes, but many of those individuals came to the United States at a young age, have spouses and children who are U.S. citizens, and pose no danger to our country." Reform Immigration for America [advocacy website] also said the new policies don't go far enough [press release]. Earlier this week, the American Civil Liberties Union of Northern California (ACLU-NC) and the Lawyers' Committee for Civil Rights [advocacy website] filed suit [JURIST report] challenging the practice of shackling immigration detainees in court.


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