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Legal news from Saturday, October 8, 2011




US lawmakers introduce resolution to prevent sale of arms to Bahrain
Julia Zebley on October 8, 2011 2:57 PM ET

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[JURIST] Two congressmen on Thursday introduced a joint resolution [text, PDF] in each house of Congress to block a planned arms sale to Bahrain [JURIST news archive]. Senator Ron Wyden (D-OR) and Representative Jim McGovern (D-MA) [official websites] declared [press release] the bill as a reaction to a planned sale of $53 million worth of weapons to Bahrain, which was announced in mid-September [press release, PDF]. Wyden called for the US to sanction Bahrain for their human rights abuses in the face of peaceful revolution:
Selling weapons to a regime that is violently suppressing peaceful civil dissent and violating human rights is antithetical to our foreign policy goals and the principle of basic rights for all that the U.S. has worked hard to promote. The Arab Spring has encouraged the citizens of Bahrain to seek those same rights from their government and the U.S. should not reward a regime that actively suppresses its people. This resolution will withhold the sale of arms to Bahrain until the ruling family shows a real commitment to human rights.
The resolution has a number of stipulations for Bahrain to meet before arms sales can continue, including investigating human rights abuse allegations, ending torture and denial of medical aid, protecting the Shiite culture and religion and submitting to outside investigations and journalist inquiries. A vote has not been scheduled for the resolution, which must be passed by October 14 to stop the sale.

The situation in Bahrain continues to deteriorate. On Tuesday, a Bahrain civilian-military court sentenced 26 protesters to prison terms [JURIST report] ranging from 5-15 years, bringing the total number of protesters sentenced in the past week 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. On Monday, nearly 40 protesters were sentenced [JURIST report], including university students, to sentences of 15-25 years for crimes ranging from rioting to attempted murder. 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 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.




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Federal judge rules against EPA coal permit regulations
Erin Bock on October 8, 2011 2:20 PM ET

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[JURIST] A federal judge on Thursday ruled [judgment, PDF] against the US Environmental Protection Agency (EPA) [official website] regarding its process for granting permits used by coal companies for mountaintop removal mining in Appalachia. The EPA unveiled stricter guidelines in 2009 to issue permits to companies who sought to dump fill material from the removal mining into streams. The National Mining Association (NMA) and several other plaintiffs, including the West Virginia Department of Environmental Protection (DEP) [official websites], filed suit in 2010, alleging that the EPA exceeded its authority under section 404 of the Clean Water Act [text] by overstepping its role in the permitting process, which is largely handled by the US Army Corps of Engineers [official website]. The plaintiffs further argued that the EPA violated the Administrative Procedure Act [text] when it did not allow for notice and comment procedures in its rulemaking process. The court ordered that the 2009 guidelines be set aside and that all permitting be handled via the pre-2009 guidelines. West Virginia Governor Earl Ray Tomblin (D) [official website] applauded [press release] the court's decision, stating that the decision "confirmed [the state's] assertions against the EPA." The EPA dismissed the decision [WSJ report] as "procedural" and assured families in Appalachia that it did not affect the agency's authority under the Clean Water Act to protect public health.

Last month, the US House of Representatives [official website] passed a bill [JURIST report] that would effectively block a number of proposed EPA regulations aimed at reducing emissions. The Transparency in Regulatory Analysis of Impacts on the Nation Act 2011 would require the formation of a committee to perform economic impact analyses prior to promulgating any regulations. The possible effects to the economy of environmental regulations have made their passage and implementation difficult as of late. Earlier in September, Obama requested the withdrawal of national smog standards [JURIST report] proposed by the EPA. The draft Ozone National Ambient Air Quality Standards [materials] would have reduced the amount of smog emissions to between 0.060 and 0.070 parts per million (ppm) from the previous 0.075 ppm. The EPA estimates that these changes would help reduce the effects of climate change and improve public health, saving the US between $13 billion and $100 billion in health care costs. The stricter smog standards, proposed by the EPA in January 2010 [JURIST report], would have replaced the Bush administration's broader 2008 national smog regulations [text], complying with scientific recommendations. In his statement, Obama recognized recent efforts to improve environmental protection, but emphasized the need to trim down regulations in light of the economic downturn.




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Rights groups call for China to release Nobel winner Liu
Julia Zebley on October 8, 2011 1:29 PM ET

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[JURIST] Three human rights groups on Friday called for the release of Nobel peace Laureate Liu Xiaobo [BBC profile; JURIST news archive], imprisoned on an 11-year sentence [JURIST report] in China for "inciting subversion of state power" and dissidence. Amnesty International (AI), Human Rights Watch (HRW) and Chinese Human Rights Defenders (CHRD) [advocacy websites] released simultaneous press briefings [CHRD report; HRW report; AI report] urging freedom for Liu, and his wife Liu Xia, who remains under house arrest. CHRD confirmed that Liu was released to attend his father's funeral, and was temporarily reunited with his wife. The groups contend this was done to deflect criticism on the eve of the 2011 Nobel peace prize [JURIST report]. The CHRD reported that China is attempting to legalize secret detentions.
To ensure that the law cannot be used as a shield to protect these activists from the state's arbitrary power, in August 2011 the Chinese government announced plans that would effectively legalize the practice of enforced disappearance. Among the wide-ranging proposed revisions to the Criminal Procedure Law (CPL), one of the most alarming changes is Article 73 of the draft, which governs the use of "residential surveillance" by the police. Instead of being detained in their homes as in ordinary cases, suspects accused of "endangering state security, terrorist crimes and major bribery crimes" could be held in "a specified residence." Similarly, police could subject suspects charged with "endangering state security and terrorist crimes" to residential surveillance without having to notify their families within 24 hours, as required in ordinary cases.
HRW asked that all governments attending the Nobel prize ceremony this year use it as a venue to call for China to release Liu and other political prisoners.

Liu has been one of China's most prominent dissidents. He spent two years in prison following the Tiananmen Square [BBC backgrounder] uprising, has long challenged China's one-party rule and co-authored Charter 08 [text], a petition calling for political reforms in the country. International organizations have been rallying for Liu's release since he was announced as the recipient of the Nobel Peace Prize [JURIST reports] in November. In August, the UN Working Group on Arbitrary Detention [official website] called for the immediate release of Liu, according to UN documents obtained by Freedom Now [advocacy website]. The documents said that the Chinese government responded by saying the conviction was in accordance with Chinese criminal codes and consistent with the rule of law. Last December, Liu was awarded the 2010 Nobel Peace Prize in absentia [JURIST report] at a ceremony in Oslo, Norway. The Chinese government denounced the decision calling it "contrary to the purpose of the Nobel Prize," and censoring the announcement, blocking internet searches and international broadcasts about it and even turning off phones of people who text messaged the news.




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Three former Nigeria state governors arrested for fraud
Erin Bock on October 8, 2011 12:13 PM ET

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[JURIST] The Nigerian Economic and Financial Crimes Commission (EFCC) [official website] arrested three former governors of Nigerian states on Thursday for allegedly embezzling 101 billion naira (USD $615M). Officials arrested [Nigerian Observer report] former Ogun state governor Gbenga Daniel, former Oyo state governor Adebayo Alao-Akala and former Nasarawa state governor Ali Akwe Doma for interrogation purposes. The arrests were in response to petitions filed by citizens to EFCC alleging [BBC report] that the former leaders abused state contracts and used government money for personal purposes. The ex-governors are expected to be in court within the next few days.

In August, Human Rights Watch (HRW) [advocacy website] reported [JURIST report] that corruption in the Nigerian government has become endemic and criticized the EFCC for ineffective practices, including slow-moving trials and small sentences. Earlier in August, the Nigerian Ebonyi State Commissioner of Justice and Attorney General, Ben Igwenyi, called for the establishment of a special court to hear corruption cases [JURIST report]. He argued that corruption cases in the regular courts take too long to process, causing people to forget about them and perpetuating the appearance of corruption in the government. He proposed merging the Independent Corrupt Practices and other Related Offences Commission (ICPC) [official website], which investigates corruption, and the EFCC to form an anti-corruption court. Corruption remains a problem in Nigeria as the EFCC arrested [JURIST report] outgoing speaker of the House of Representatives Dimeji Bankole in June on allegations of fraud. He is believed to have secured a USD $ 66 million loan on top of his normal salary. In March, HRW and the Nigerian Bar Association [association website] called for Nigeria's National Assembly to pass legislation creating a special electoral offenses commission [statement; JURIST report] tasked with investigating and prosecuting election-related abuses, including violence. In 2006, then Nigerian vice president Atiku Abubakar was charged with more than a dozen counts of corruption [JURIST report] in the Code of Conduct Tribunal, a special corruption court that has the power to strip elected officials of immunity. The charges were related to the alleged diversion of $125 million dollars of public money to private interests, as well as allegations of receiving more than $4.6 million dollars in bribes.




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