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Legal news from Tuesday, October 4, 2011




Jury selection begins for accused plane bomber
Sarah Posner on October 4, 2011 11:45 AM ET

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[JURIST] Jury selection began on Tuesday for terror suspect Umar Farouk Abdulmutallab [BBC profile; JURIST news archive], the Nigerian accused of attempting to bring down a Northwest Airlines flight from Amsterdam to Detroit with a bomb in his underwear on Christmas Day, 2009. Abdulmutallab will stand trial for eight felony charges and may face life in prison [Reuters report] if he is convicted of an attempt to detonate a weapon of mass destruction. The 24-year-old student claimed that senior al Qaeda leader, American-born Anwar al-Awlaki [BBC profile; JURIST news archive] is still alive [AP report], despite reports that a CIA drone strike in Yemen Friday killed al-Awlaki [JURIST report]. Abdulmutallab said he wants to represent himself in trial, making the jury process unpredictable. Approximately 250 potential jurors have filled out questionnaires, and 12 jurors will be selected along with four alternatives. Opening arguments will begin on October 11.

In September, a judge for the US District Court for the Eastern District of Michigan [official website] ruled [JURIST report] that statements made by Abdulmutallab while in the hospital following his alleged attempt to detonate a bomb on Northwest Airlines Flight 253 are admissible. In December 2010, a federal grand jury charged [JURIST report] Abdulmutallab with two new counts of conspiracy and firearm possession, in addition to the six previous charges [JURIST report] of attempted use of a weapon of mass destruction, attempted murder within the special aircraft jurisdiction of the US, willful attempt to destroy or wreck an aircraft, willfully placing a destructive device on an aircraft, use of a firearm/destructive device during and in relation to a crime of violence, and possession of a firearm/destructive device in furtherance of a crime of violence.




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New election laws may make voting more difficult: report
Jennie Ryan on October 4, 2011 11:15 AM ET

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[JURIST] Several new US state election laws that become effective in 2012 may make it harder for some qualified voters to cast their ballots, according to a report [text] released Monday by the Brennan Center for Justice [advocacy website]. The report indicates that as many as five million voters may be affected by the changes and may find itsignificantly harder to vote in 2012:
These new restrictions fall most heavily on young, minority, and low-income voters, as well as on voters with disabilities. This wave of changes may sharply tilt the political terrain for the 2012 election. ... Although it is too early to quantify how the changes will impact voter turnout, they will be a hindrance to many voters at a time when the United States continues to turn out less than two thirds of its eligible citizens in presidential elections and less than half in midterm elections.
The study examined the five broad categories of new election laws: those that require voters show photo identification to vote, those that require proof of citizenship to register to vote, those that make it harder to register to vote by eliminating same day voter registration, those that reduce early and absentee voting and those that make it harder for convicted felons to restore their voting rights. The study notes that further changes to states election laws may occur as the second halves of some state legislative sessions have already begun.

Of the changes in state voting laws, requirements that voters present some form of ID at the polls are the most prevalent. With the new changes in place, there are now 30 US states that require voters to present ID, including 14 states that require photo ID, but the issue remains controversial. In August, South Carolina civil rights groups urged [JURIST report] the US Department of Justice (DOJ) [official website] to block the state from implementing a new law [R54 materials] that would require voters to present photo ID in order to cast their ballots. In June, Missouri Governor Jay Nixon [official website] vetoed legislation [JURIST report] that would have required individuals to present government-issued photo ID at the voting booth. In May, the Georgia Supreme Court [official website] upheld a state law [JURIST report] that requires voters to present one of six government-issued photo identifications in order to vote. In contrast, a three-judge panel for the US Court of Appeals for the Ninth Circuit [official website] struck down [JURIST report] a portion of an Arizona law requiring proof of citizenship for voter registration in October.




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UN rights office urges end to Roma discrimination in Bulgaria
Sarah Posner on October 4, 2011 10:35 AM ET

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[JURIST] The UN Office of the High Commissioner for Human Rights (OHCHR) [official website] on Tuesday called on authorities to end the hate speech and discrimination [press release] against the Roma migrants [JURIST news archive] in Bulgaria. The UN human rights office expressed deep concern [UN News Centre report] over the violence and discrimination accompanying the anti-Roma demonstrations. The demonstrations began when a Bulgarian youth was run over and killed by a van belonging to the local Roma. The OHCHR said that they hope to bring the individual responsible for the Bulgarian youth's death to justice. Further adding that it is unfair to blame an entire population for the actions of an individual. Rupert Colville, spokesperson for the OHCHR, said:
The hate speech that has been fuelling [sic] the anti-Roma protests in Bulgaria is of great concern. It is unacceptable for an entire community to be targeted for an offence allegedly committed by an individual. We call on Bulgarian authorities at the highest political level to publicly restate this principle of individual criminal responsibility. The political leadership must take a strong stance against hate speech and ensure that police officers continue to be deployed in sufficient numbers to protect Roma neighbourhoods from threats of retribution and harassment.
The OHCHR encouraged countries in Europe and the EU to adopt policies to end discrimination against the Roma communities.

The Roma population has faced discrimination [JURIST comment] in various European countries. In April, Amnesty International (AI) [advocacy website] urged Serbian authorities to halt the forced evictions [JURIST report] of Roma in Belgrade and provide them with adequate housing and compensation. In March, AI released a report [JURIST report] documenting discrimination and human rights violations against Roma migrants in Slovenia and urging the Slovenian government to protect Roma communities. The report revealed that Roma communities are being denied access to housing, water and sanitation. Much of the Roma population is living in overcrowded shacks without access to adequate health care services, schools, shops and employment.




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Guantanamo military commissions on hold until new year
Jennie Ryan on October 4, 2011 10:35 AM ET

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[JURIST] Retired Vice Admiral Bruce MacDonald [official profile] on Monday notified both prosecution and defense lawyers in the trial of five detainees held at Guantanamo Bay [JURIST news archive] that he will be accepting recommendations until early 2012 on whether the trial should move forward as a death penalty case. MacDonald, who was appointed to oversee the military commissions at Guantanamo in 2010, alerted lawyers in the case that they will have until January 15, 2012, to make their recommendations, ensuring that the case will not go to trial at the naval base until sometime next year [Miami Herald report]. The five detainees have been held at Guantanamo since 2006 when they were transferred there from the custody of the US Central Intelligence Agency (CIA) [official website]. The government alleges the men were organizers of the 9/11 [JURIST backgrounder] terrorist attacks, financing and training the men who hijacked the aircrafts used in the attack. MacDonald's communication to counsel also indicates that he will be accepting recommendations in order to determine whether to try the defendants together or separately. A formal arraignment of the detainees is expected to occur later this month.

As the number of detainees at the Guantanamo facility decreases, the issue of what to do with those remaining in US custody continues to be a significant issue. Last year, Judge John Bates of the US District Court for the District of Columbia [official website] ruled [opinion, PDF] that the US government could indefinitely hold a detainee [JURIST report] at Guantanamo, a decision affirmed [JURIST report] by the US Court of Appeals for the District of Columbia Circuit [official website] in September of this year. In January, Human Rights Watch (HRW) [advocacy website] criticized President Barack Obama [JURIST report] for failing to shut down the facility as he promised during his presidential campaign. In December 2010, Obama signed a defense authorization bill that prohibits the transfer of detainees to the US for trial [JURIST report], further confusing the future of the 177 men currently at the facility. In an effort to reduce the population at the facility, the US has been transferring detainees [JURIST report], some to their native countries. In February, The Center for Constitutional Rights (CCR) [advocacy website] used the death of a Guantanamo detainee to highlight what it claims are problems with the detention system [JURIST report] currently used at the facility.




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Bahrain military court sentences 26 more protesters
Alexandra Malatesta on October 4, 2011 9:54 AM ET

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[JURIST] A Bahrain [JURIST news archive] civilian-military court on Tuesday sentenced 26 more protesters to prison terms ranging from 5-15 years, bringing the total number of protesters sentenced in the past 48 hours to 60. Those who were sentenced on Tuesday include prominent members of the Shiite political group who were among hundreds of protesters seeking greater rights for the Shiite majority [AP report]. Monday's sentencing of nearly 40 protesters [JURIST report], which included university students, involved sentences of 15-25 years for crimes ranging from rioting to attempted murder. The Bahrain courts have been criticized for their severity [BBC report], especially in light of the five 15-year prison terms issued to doctors and nurses convicted of rendering aid to protesters. Bahraini doctors and nurses on Saturday urged the UN to investigate claims of abuse and due process violations [JURIST report] in relation to their recent convictions. Last week, the National Safety Court of Appeal sentenced [JURIST report] one anti-government protester to death for killing a police officer and gave lengthy prison sentences to medical personnel, including doctors, for providing treatment to injured protesters during the country's uprising.

Bahraini King Hamad bin Isa Al Khalifa [official profile] announced in August that he will dismiss charges against some of the protesters [JURIST report] detained for their participation in pro-democracy demonstrations in the country. In June, Khalifa announced that an independent commission will investigate human rights violations [JURIST report] related to the country's pro-democracy protests. Earlier that month, the OHCHR announced that Bahrain agreed to permit a UN commission [JURIST report] to investigate human rights violations related to protests. The National Safety Courts were instituted in mid-March under Khalifa's three-month state of emergency [JURIST report] and have been internationally criticized, most recently [JURIST report] by Human Rights Watch (HRW). The court sentenced nine citizens [JURIST report] to 20 years in prison for kidnapping a police officer in May. In April, the court handed the death sentence to four protesters, a rarity in Bahrain, and upheld the sentences [JURIST reports] for two of the men who were accused of murdering police officers. All of the charges levied in the National Safety Court have been disputed by Bahraini citizens and international rights organizations.




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Malayasia PM initiates repeal of security laws
Alexandra Malatesta on October 4, 2011 9:41 AM ET

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[JURIST] Malaysian Prime Minister Najib Razak [official profile] initiated the repeal of Malaysia's strict security laws [JURIST news archives] in Parliament [official website] on Monday. In an effort to protect civil liberties while maintaining a balance of public peace [AP report], Razak is expected to repeal the Internal Security Act of 1960 (ISA) [text, PDF], which allowed the prime minister to order the imprisonment of individuals deemed to be a threat to national security for a period of up to two years without a trial. The Restricted Residence Act of 1933 [text, PDF], which allowed police to control and monitor suspects of theft, illegal betting and gang affiliation, has also been suggested for repeal. The move has been criticized by opposition leaders as having political intentions for the upcoming elections, while civil rights activists support the pledged repeal, but fear new security laws will follow. The lower house is expected to pass the bills this month, then submit them to the Senate and finally to the constitutional monarchy for ratification.

The prime minister had originally announced the repeal of the two strict security laws [JURIST report] that had allowed extended detention of suspects without trial, as well as review other laws dealing with freedom of the press, in September, but they have been tabled over the past month. These efforts have been made in response to criticism for alleged rights violations. The UN Working Group on Arbitrary Detention [official website] recommended [JURIST report] last year that Malaysia repeal or amend its internal security laws




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Two more Somali pirates sentenced to life in prison
Drew Singer on October 4, 2011 9:41 AM ET

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[JURIST] US District Court for the Eastern District of Virginia [official website] Judge Mark Davis on Monday ruled [Virginian Pilot report] that two Somali pirates [JURIST news archive] who killed four Americans will spend their lives in prison. Mahdi Jama Mohamed and Muhidin Salad Omar, the two convicted men, apologized to the victims' families—who did not attend the sentencing—before being taken away. In August, a Somali man was also sentenced to life in prison [JURIST report] for his role in the hijacking of a US vessel that resulted in the deaths of four US citizens. They were the first US citizens to die in the recent wave of international maritime piracy attacks.

Also in August, the District Court of Rotterdam [official website, in Dutch] sentenced [JURIST report] five Somali men to prison terms ranging from four to seven years for acts of maritime piracy [JURIST news archive]. All five of the sentenced pirates were discovered in a navy supply ship off the coast of Somalia earlier this year, and while all five were convicted of piracy, two were also convicted of hijacking. Judge Jacco Janssen rejected the suspects' arguments that the poverty and famine in Somalia is a justification for piracy.




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UK court throws out torture guideline challenge
Drew Singer on October 4, 2011 8:41 AM ET

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[JURIST] The Queen's Bench Division of the High Court of Justice [official website] on Monday rejected a challenge [ruling, PDF] by the Equality and Human Rights Commission (EHRC) [advocacy website] that the UK's interrogation guidelines [materials, PDF] are unlawful. The guidelines provide steps that must be taken by intelligence officers before they interview, interrogate or solicit the detention of terror suspects held by foreign governments. The guidance also prohibits interrogation officials from further action if they "know or believe" the torture of a detainee will take place. The EHRC is concerned that the wording of the guidance will mislead interrogators, who could potentially be held personally liable for the torture of suspects.

The guidelines were first published [JURIST report] in 2009 under UK Prime Minister Gordon Brown [official website]. Restating the UK's unequivocal condemnation of torture, Brown said that making the applicable interrogation standards public will "protect the reputation of [UK] security and intelligence services and ... reassure ourselves that everything has been done to ensure that our practices are in line with United Kingdom and international law," in a written statement [text]. The EHRC began to challenge the guidelines [JURIST report] in 2010.




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Bangladesh court charges senior opposition leader with war crimes from 1971 war
John Paul Putney on October 4, 2011 7:48 AM ET

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[JURIST] The International Crimes Tribunal in Bangladesh (ICTB) [Facebook page] has charged Delwar Hossain Sayeedi, leader of Jamaat e Islami (JI) [GlobalSecurity backgrounder], with war crimes allegedly stemming from the 1971 Bangladesh Liberation War [GlobalSecurity backgrounder] against Pakistan. Bangladesh established the tribunal in March 2010 [JURIST report] to address charges of war crimes [Guardian report] and crimes against humanity. The tribunal accepted 20 of 31 charges [Daily Star report] including allegations of aiding Pakistani soldiers, murder, torching villages, rape, looting and forcibly converting Hindus to Islam. Sayedee has denied the charges. The Jamaat-e-Islami party, which openly campaigned against breaking away [AP report] from Pakistan during the war, has accused the tribunal of targeting political opponents [VOA report].

In July, Bangladesh prosecutors filed the underlying war crime charges [JURIST report] in the ICTB against Sayedee. Earlier that month, Human Rights Watch (HRW) [advocacy website] praised recent reforms [press release] to the ICTB but urged it to do more to ensure fair trials, including allowing an accused to question the impartiality of the tribunal, which the law currently prohibits. In July 2010, the ICTB issued four arrest warrants [JURIST report] for the leaders of Jamaat e Islami, including Sayedee, for alleged crimes committed during the Liberation War.




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Virginia appeals health care dismissal to Supreme Court
John Paul Putney on October 4, 2011 6:44 AM ET

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[JURIST] Virginia Attorney General Ken Cuccinelli [official website] on Friday filed a petition for certiorari [text, PDF] asking the US Supreme Court [official website] to review the recent Fourth Circuit ruling [JURIST report] dismissing Virginia's challenge of the Patient Protection and Affordable Care Act (PPACA) [HR 3590 text; JURIST backgrounder]. Virginia, among the first to file a challenge to PPACA, challenges the Foruth Circuit's dismissal for lack of standing as a "misapprehen[sion of] foundational and continuing role of the federal courts as arbiters of competing claims of state and federal power." The petition characterizes the ruling on sovereign standing as creating a circuit split and criticizes the Fourth Circuit's use of the Political Question doctrine [Cornell LII Backgrounder], which Virginia asserts has been abandoned, in order to withhold standing:
[I]n 1962, ... this Court redefined the political question doctrine to exclude state-federal relations: "it is the relationship between the judiciary and the coordinate branches of the Federal Government, and not the federal judiciary's relationship to the States, which gives rise to the political question." Four years later ... South Carolina was permitted to proceed with its challenge to the Voting Rights Act of 1965 because it was defending its own political rights rather than acting as parens patriae. Ever since, until the Fourth Circuit decided this case, state sovereign standing has been uncontroversial in this Court and in the federal circuits.
Virginia urges the court to take the appeal and rule on the standing, but also go on to rule on the merits of the case.

The Supreme Court will likely hear the constitutional challenges to PPACA this term. Last week, both the US Department of Justice (DOJ) [official website] and a group of 26 states filed petitions [JURIST report] with the Supreme Court seeking a review of a recent decision handed down by the US Court of Appeals for the Eleventh Circuit [official website]. The Eleventh Circuit found the PPACA individual health care mandate unconstitutional [JURIST report] but upheld the remainder of the law without the mandate. Also last week, the Obama administration filed a brief [text, PDF] in opposition to a petition for certiorari filed [JURIST report] in Thomas More Law Center v. Obama in July, which sought review of a decision by the US Court of Appeals for the Sixth Circuit [official website] that found the individual mandate provision constitutional [JURIST report]. In August, the US Court of Appeals for the Third Circuit [official website] dismissed a lawsuit [JURIST report] brought by a physician organization for lack of standing.




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