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Legal news from Wednesday, October 19, 2011 |
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ICTY prosecutor not appealing refusal to split Mladic trial
Maureen Cosgrove on October 19, 2011 1:21 PM ET

[JURIST] The chief prosecutor at the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] said Wednesday that he will not appeal the court's decision to proceed with a single trial for former Serbian general and alleged war criminal Ratko Mladic [ICTY backgrounder, PDF; JURIST news archive]. The prosecutor sought to separate the indictment [JURIST report] in order to hold one trial for Mladic's conduct during the Srebrenica massacre [JURIST news archive], where approximately 8,000 people were killed, and one for all of his other charges during the Bosnian civil war [JURIST news archive]. The court denied [press release] the prosecutor's request last week on the grounds that separating the trials would be inefficient and could prejudice Mladic and unduly burden witnesses. Chief Prosecutor Serge Brammertz had argued that splitting the trials was warranted [AP report] because Mladic's health may decline over the course of the trial. Brammertz indicated that he would streamline the charges against Mladic in an effort to expedite the trial, which is likely to begin next year.
Serbian authorities captured Mladic [JURIST report] in May, ending a 16-year manhunt for the former general colonel and commander of the army of the Serbian Republic of Bosnia and Herzegovina. Mladic made his first appearance [JURIST report] at the ICTY in June, contesting the charges while simultaneously asking for more time to review them, which he was granted. At his second appearance [JURIST report] he refused to enter a plea. Before that, he had lost his final appeal in Serbia to avoid extradition, and was transported to The Hague [JURIST reports]. Mladic faces charges of genocide and crimes against humanity, including murder, political persecution, forcible transfer and deportations, cruel treatment and the taking of peacekeepers as hostages. He is most infamous for allegedly ordering the slaughter of 8,000 Muslim men and boys in the massacre of Srebrenica during the Bosnian civil war, the largest European genocide since the Holocaust.


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Oklahoma judge blocks new law restricting use of abortion pills
Andrea Bottorff on October 19, 2011 12:27 PM ET

[JURIST] An Oklahoma state court judge on Wednesday issued a temporary injunction [docket materials] against a new Oklahoma law [House Bill 1970 text, RTF] that restricts how doctors may use abortion-inducing drugs to treat patients. Judge Daniel Owens of the District Court of Oklahoma County [official website] granted the motion for a temporary injunction [text, PDF] filed earlier this month by the Center for Reproductive Rights and the Oklahoma Coalition for Reproductive Justice (OCRJ) [advocacy websites], which argued that placing restrictions on the use of abortion-inducing drugs violates the equal protection clause of the Oklahoma Constitution [text]. The act would require doctors prescribing abortion drugs to meet stricter requirements, including administering the drug on location in the medical facility, scheduling mandatory follow-up appointments, explaining drug labels to patients and reporting possible negative drug reactions to the pharmaceutical manufacturers. Doctors who fail to meet one of the new requirements would be subject to professional sanctions and could be liable in legal actions taken by the mother, father or maternal grandparents of the aborted fetus. Plaintiffs argued in their petition that the new law does not serve a legitimate government interest and jeopardizes the safety of women seeking abortions [petition, PDF]. The law was scheduled to take effect on November 1, 2011, but will be suspended pending further court action.
Over the last year, Oklahoma has increased the restrictiveness of its abortion laws. In April, Oklahoma Governor Mary Fallin [official profile] signed into law [JURIST report] House Bill 1888 [materials], prohibiting abortions after 20 weeks. The law allows abortions past the 20-week mark only in certain extenuating circumstances where the mother faces death or serious injury. A doctor who performs an abortion in violation of the time limit would be subject to criminal prosecution for a felony, but the woman undergoing the procedure would not face a penalty. Last year, an Oklahoma state judge extended a temporary injunction [JURIST report] blocking enforcement of a law [HB 2780 text, RTF] that would require women seeking abortions to have an ultrasound and hear a description of the fetus. In May 2010, the Oklahoma Senate [official website] voted to override the veto of a bill [HB 3284 text, RTF] that would require women seeking an abortion to complete a questionnaire, answering questions such as marital status, reasons for seeking the abortion, and whether the pregnancy is the result of rape or incest.


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UN torture expert condemns solitary confinement for juveniles, mentally disabled
Maureen Cosgrove on October 19, 2011 12:15 PM ET

[JURIST] Governments should ban solitary confinement [press release] for juveniles and prisoners with mental disabilities, a UN torture expert said Tuesday in a report to the UN General Assembly [official website]. UN Special Rapporteur on torture Juan Mendez [official website] told the assembly members that governments should impose solitary confinement only in exceptional circumstances and for short periods of time. Mendez reported that solitary confinement, which he defined as "any regime where an inmate is held in isolation from others (except guards) for at least twenty-two hours a day," is subject to widespread abuse, and described instances of extreme isolation practices in countries such as Kazakhstan, China and the US. Mendez emphasized that isolating prisoners, especially young or mentally disabled detainees, can have a particularly deleterious effect:Solitary confinement is a harsh measure which is contrary to rehabilitation, the aim of the penitentiary system. ... Considering the severe mental pain or suffering solitary confinement may cause, it can amount to torture or cruel, inhuman or degrading treatment or punishment when used as a punishment, during pretrial detention, indefinitely or for a prolonged period, for persons with mental disabilities or juveniles. Mendez enumerated recommendations and guidelines, including procedural safeguards and regular reviews of prison practices, for governments to minimize or altogether abolish the practice of solitary confinement.
Poor prison conditions have drawn criticism worldwide. In July, jailed Iranian journalist Isa Saharkhiz [Iran Press profile] urged [letter, DOC, in Persian] UN Human Rights Special Rapporteur Dr. Ahmad Shaheed to investigate prison conditions in Iran [JURIST report]. Saharkhiz alleged that the treatment of both political and general prisoners in Iran amounts to crimes against humanity [RFE/RL report]. At least 400 inmates at Pelican Bay State Prison [official website] in California initiated a hunger strike [JURIST report] in June in protest of solitary confinement. Inmates of Pelican Bay's Security Housing Unit (SHU), a long-term isolation ward where one-third of the prison's population is held in solitary confinement, are the instigators of the strike, and most of the strikers from other prisons are inmates in solitary confinement. The Washington Supreme Court ruled [opinion, PDF] 7-2 in January that holding death row inmates in solitary confinement indefinitely [JURIST report] is not an impermissible increase in the severity of punishment.


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EU Kosovo authorities sentence former rebel fighter on war crimes charges
Ashley Hileman on October 19, 2011 10:44 AM ET

[JURIST] The European Rule of Law Mission in Kosovo (EULEX) [official website] on Friday sentenced [ruling, PDF] a former ethnic Albanian rebel fighter to five years in prison for crimes committed against civilians during the 1998-1999 war in Kosovo [BBC backgrounder; JURIST news archive]. Sali Rexhepi was charged with three counts of war crimes against the civilian population stemming from his membership and activity in the Kosovo Liberation Army (KLA) but was found guilty on only one of those charges. The court, consisting of three judges, found Rexhepi guilty of the second count in which it was alleged that he "tortured Witness N, a Kosovo Albanian citizen detained in the Cahan detention center by attempting to obtain information and confessions from him while repeatedly beating him with wooden sticks." The other counts alleged similar mistreatment of civilians. As a result of the court's decision, Rexhepi was sentenced to five years of imprisonment and will also be required to reimburse the costs of the criminal proceedings.
Earlier this month, the UN Office of the High Commissioner for Human Rights (OHCHR) [official website] called for Kosovo to institute an independent witness protection program [JURIST report]. Spokesperson Rupert Colville made the comment in reaction to the recent death of Agim Zogaj [B92 report], a major witness for the prosecution against senior Kosovo politician and parliamentarian Fatmir Limaj. Limaj, a former member of the KLA, is awaiting trial on charges of war crimes stemming from the 1998-99 Kosovo war with Serbia. Zogaj, known as Witness X, was a KLA member under Limaj's direct command during the alleged Klecka massacre [Centre for Peace in the Balkans backgrounder]. Although authorities are still investigating, Zogaj's death has been tentatively ruled a suicide. Since Zogaj's death, at least one witness has decided not to testify [B92 report]. EULEX has not commented on how severely this affects their case against Limaj and nine others, nor if it will delay the trial, which was expected to begin this month.


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Venezuela high court rules opposition candidate ineligible to run for president
Ashley Hileman on October 19, 2011 9:28 AM ET

[JURIST] The Supreme Court of Venezuela [official website, in Spanish] ruled [judgment, in Spanish] Monday that presidential hopeful Leopoldo Lopez remains banned from running in next year's elections. Lopez, an opposition leader, is considered to be a threat [Bloomberg report] to current President Hugo Chavez [BBC profile; JURIST news archive]. As a result of corruption allegations, he was banned from public office through 2014 by the country's comptroller general. However, a ruling by the Inter-American Court of Human Rights (IACHR) [official website] restored Lopez's political right to run for office. Monday's decision by the high court has again revoked this right. In a statement [text, in Spanish], the court summarized its reasons for overturning the decision of the IACHR. Among these was its belief that, where the provisions of the American Convention on Human Rights [text]which created the IACHR and defines the human rights which the ratifying States, including Venezuela, have agreed to respect and ensureconflict with those in the respective country's constitution, that conflict must be resolved by the high court.
Last month, Chavez criticized the IACHR [JURIST report] for ruling in favor of Lopez. Chavez called the ruling politically motivated [CSM report]. He further claimed that the Costa Rica-based international court is part of a system that protects corrupt behavior and is influenced by the US and the wealthy. The Venezuelan presidential primary election, where voters will select an opposition leader to challenge Chavez, will be held in February, and the presidential election will be held in October 2012. This is not the first time the Venezuelan government and the IACHR have disagreed. In June 2010, the IACHR sent a letter to the Venezuelan government expressing concern [JURIST report] over the increasing threat to freedom of expression [press release] in the country, citing three recent cases that caused particular concern. In February 2010, the IACHR released a report [JURIST report] providing a detailed analysis on the state of human rights in Venezuela, which ultimately concluded that not all citizens are ensured full enjoyment of their basic human rights. The top Venezuelan human rights official criticized the report [JURIST report] and said that the report makes unfair characterizations and undermines Venezuelan democracy.


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US deported 400,000 illegal immigrants in 2011: DHS
Julia Zebley on October 19, 2011 8:27 AM ET

[JURIST] The US Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) [official websites] announced on Tuesday that 396,906 illegal immigrants were deported in 2011 [press release], the largest number in the agencies' history. The report indicated that more than half of the deportees were convicted criminals. In August, the US drastically shifted immigration policy [JURIST report] by putting 300,000 illegal immigrants' cases up for review and temporarily halting their deportation. A new DHS guideline revealed that illegal immigrants would be targeted for deportation based on being a security risk or having committed criminal activity.
Despite being the province of the federal government, varying immigration laws have been proposed by several state legislatures, often resulting in lengthy court battles. Last week, the US Court of Appeals for the Eleventh Circuit [official website] temporarily blocked portions of a controversial Alabama immigration law [JURIST report], which would require immigration status checks of public school students and make it a misdemeanor for an illegal resident not to have immigration papers. A coalition of civil rights groups filed a federal lawsuit earlier that week in an attempt to block South Carolina's immigration law that allows police officers to check a suspect's immigration status [JURIST report] during a lawful stop, seizure, detention or arrest, and mandates that businesses participate in the federal E-Verify [official website] system to check the citizenship status of employees and job applicants. In August, the state of Arizona filed a petition for writ of certiorari [JURIST report] with the US Supreme Court [official website] seeking to overturn a lower court decision enjoining four provisions of Arizona's controversial immigration law [SB 1070 materials; JURIST news archive], on which the South Carolina and Alabama legislation is modeled. Several other state legislatures have also acted recently to implement so-called "Arizona style" immigration laws.


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Federal judge rules US not required to reduce emissions to protect polar bears
Julia Zebley on October 19, 2011 7:32 AM ET

[JURIST] A judge for the US District Court for the District of Columbia [official website] ruled [opinion, PDF] Monday that the US Fish and Wildlife Service (FWS) [official website] is not obligated to reduce green house gas emissions, a contributor to global warming [JURIST news archive], in order to protect polar bears [FWS backgrounder]. However, the court also found that the controversial Bush-era special 4(d) rule [text, PDF] in question violated the National Environmental Protection Act [official website] by not reviewing the potential harm to polar bears. Since the Obama administration rewrote the rule and reviewed it, the essential regulation still stands. The Center for Biological Diversity [advocacy website] released a statement [text] for the plaintiffs, a collective of environmental organizations:The court's decision is bittersweet—it acknowledges the devastating impact of global warming on polar bears and requires further review of the 4(d) rule, but stops short of fully disallowing an exemption for greenhouse gases. We will redouble our efforts to protect the polar bear's Arctic Ocean habitat, and continue to press the Obama administration to use all available tools, including the Endangered Species Act, to address greenhouse emissions and the climate crisis. Although polar bears are at an unendangered population now, a decision that was upheld in June [JURIST report], it is predicted that melting ice caps will kill 10,000 of the species [AP report].
In 2009, the Obama administration received criticism for preserving the special 4(d) rule. Secretary of the Interior Ken Salazar [official profile] had received special permission from Congress to amend the rule, which prevented the use of the Endangered Species Act (ESA) [text, PDF] to regulate greenhouse gas emissions. Polar bears are protected under the ESA, and environmentalists have argued that the release of greenhouse gases has contributed to global warming, which is destroying the polar bear's arctic habitat. The rule was put in place in December 2008 after the polar bear was listed as threatened on the endangered species list in May 2008. The Department of the Interior [official website] made the designation more than two years after the Center for Biological Diversity, Greenpeace and the Natural Resources Defense Council [advocacy websites] petitioned to protect the polar bear under the ESA. Shortly after that, then-Alaska governor Sarah Palin announced that her office would launch a court challenge [JURIST report] to the listing of the polar bear on the endangered species list. Palin argued that the designation of the polar bear as "threatened" would have a negative impact on development in Alaska.


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Iran human rights violations increasing: UN report
Alexandra Malatesta on October 19, 2011 7:00 AM ET

[JURIST] UN Special Rapporteur on Iran Ahmed Shaheed said Monday that human rights violations in Iran are on the rise, as he presented a report [text, PDF] to the UN General Assembly [official website]. Citing an increase in persecutions among political activists and journalists, Shaheed criticized detention conditions [Reuters report], the torture and mistreatment of detainees and the significant administration of the death penalty to people under 18 years of age [FP report]. The report also criticizes "exorbitant bail requirements" for human rights defenders and religious practitioners, as well as the detention conditions of opposition leaders and their wives. In 2011, there have been more than 200 known executions performed, while the report alleges that at least 146 executions have been conducted in secret [PTI report] for crimes such as drug dealing. The scathing report comes on the heels of Shaheed's August request for Iran to comply with a mandate to abide by International human rights obligations [JURIST report]. Shaheed recognized some Iranian progress in its cooperation and implementations of recommendations for universal periodic review and observation, but reaffirmed his observations of the increasing trend of human rights violations:[Shaheed] stresses the urgency for greater transparency from the Iranian authorities and closer engagement between the Islamic Republic of Iran and the international community in strengthening human rights safeguards for its citizens. ... [He] wishes to stress the importance of freedom of expression and assembly for a democratic, open society governed by the rule of law, and encourages the Government to refrain from repressing dissent. The Special Rapporteur would also like to underscore the importance of perpetuating a culture of tolerance, and urges the Government to prevent discrimination against women, as well religious and ethnic minorities, in all spheres of public life and services, and to protect their freedoms to freely associate and express themselves. The special rapporteur requested that he be able to continue to visit Iran in order to work closely with authorities in addressing human rights abuses.
Iran has been heavily criticized for its alleged human rights abuses. Jailed Iranian journalist Isa Saharkhiz [Iran Press profile] in July urged [letter, DOC, in Persian] Shaheed to investigate prison conditions in Iran [JURIST report]. In May, rights groups decried [JURIST report] Iran's persecution of lawyers. In January, the International Campaign for Human Rights in Iran [official website] claimed that Iran is on an "execution binge" [JURIST report], killing one prisoner every eight hours. In January, prominent Iranian human rights lawyer Nasrin Sotoudeh was sentenced [JURIST report] to 11 years in prison. Sotoudeh was found guilty [Guardian report] of "acting against national security" and "making propaganda against the system" for which she will serve five and one years, respectively. She was the lawyer for Arash Rahmanipour, who was arrested for his role in the post-election protests on charges of moharebeh, or being an enemy of God. Rahmanipour was executed [JURIST report] in January 2010. Also in January, Iranian chief prosecutor Abbas Jafari-Dolatabadi delivered a speech at Tehran University indicating that he would prosecute opposition leaders [JURIST report] for political unrest that took place after the country's 2009 presidential election [JURIST news archive].


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