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Legal news from Tuesday, October 25, 2011 |
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Guantanamo lawyer challenges possibility of indefinite detention despite acquittal
Max Slater on October 25, 2011 7:42 PM ET

[JURIST] The lawyer for suspected USS Cole [JURIST news archive] bomber Abd al-Rahim al-Nashiri [NYT profile; JURIST news archive] has filed a challenge [motion, PDF] to the method in which Guantanamo Bay [JURIST news archive] military tribunals are conducted. Navy Lt. Cmdr. Stephen Reyes asserts that the Pentagon will never release prisoners like al-Nashiri [AP report], thus rendering trials moot. In the motion, released to the public on Monday, Reyes suggests that the Pentagon warn officers who serve as jurors from the start if a prisoner is to be held indefinitely:Each of the participants involved in this case, especially the Members of the Commission, need to know whether they are participating in a trial with real consequences of "merely a trial in name" where the political decision, already made and confirmed, will inform the result. If the latter, the Judge, the prosecutors, defense counsel and importantly the members may say, "I do not want to be a part of such a proceeding." And for some, their oaths may include participation in such a trial. Al-Nashiri, scheduled to be arraigned on November 9 at Guantanamo, is being charged [materials] with murder, terrorism and conspiracy and faces the death penalty if convicted. Prosecutors have not yet responded to Reyes' motion.
Al-Nashiri, the alleged plotter of the USS Cole bombing, has been at the center of controversy for many years. In May, lawyers for al-Nashiri filed suit against Poland [JURIST report] over his supposed torture in a secret CIA prison [JURIST news archive] in the country. In 2007, al-Nashiri declared that his confession to orchestrating the USS Cole bombing was elicited under torture [JURIST report]. Al-Nashiri, along with fellow militant Jamal al-Badawi [FBI backgrounder], was sentenced to death [JURIST report] by a Yemeni court in 2004 for his role in the attack on the Cole. At least 17 sailors were killed [BBC report] and 40 were wounded in the USS Cole bombing in Aden, Yemen, on October 12, 2000.


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Rights group warns Egypt military may cover up protester killings
Brandon Gatto on October 25, 2011 3:39 PM ET

[JURIST] Human Rights Watch (HRW) [advocacy website] warned on Tuesday that Egypt's Supreme Council of the Armed Forces [NYT backgrounder] may attempt to cover up [press release] various aspects of the killing of more than two dozen mostly Coptic Christian demonstrators on October 9. The protests, which began in Maspero when approximately 1,000 Christians attempted a sit-in outside of the state television building, quickly turned violent with the arrival of the Egyptian military, and ultimately resulted in the deaths of 27 people, including 21 Christians. In defense of its generals, Egypt's ruling military council has asserted that the protesters began both the confrontation and the ensuing violence, which marks the single deadliest incident since the February overthrow of president Hosni Mubarak [Al Jazeera profile]. Although the council has placed military prosecutors in charge of investigating the incident, HRW has urged Egyptian officials to transfer the investigation to civilian prosecutors. Deputy Middle East and North Africa director Joe Stork argues this is the only way to legitimize the Egyptian rule of law under the new democracy:The military cannot investigate itself with any credibility. This had been an essentially peaceful protest until the military used excessive force and military vehicles ran over protesters. The only hope for justice for the victims is an independent civilian-led investigation that the army fully cooperates with and cannot control and that leads to the prosecution of those responsible. As the demonstration moved toward the state television building, viewers were encouraged to aid the military in fending off the Christian protesters. Such encouragement from the state has led HRW to believe that an investigation into the Egypitan military's potential manipulation of the media is duly warranted. "The military has already has already tried to control the media narrative," added Stork, "and it should not be allowed to cover up what happened on October 9."
The Maspero Massacre marks yet another controversial incident regarding protests in Egypt even after the removal of its former president. In March, Arab and Egyptian human rights groups accused then-president Mubarak and police of murdering protesters during demonstrations, therein prompting the military council to instruct its top prosecutor to investigate the killings. Although the military council attempted to curb future demonstrations with a proposed law imposing prison sentences [JURIST report] and fines for those inciting protests, the legislation was widely condemned [press release] by international rights groups, namely HRW, as a violation of international law. In February, Amnesty International (AI) [advocacy website] accused Egypt's military council of torturing protester-detainees [JURIST report]. Relying on detainee accounts, AI stated that individuals were tortured "to intimidate protesters and to obtain information about plans for the protests." HRW echoed this sentiment at the time in claiming that the Egyptian military was improperly detaining protesters and allowing prisoner abuse [JURIST report]. Despite a warning to the Egyptian government from the UN High Commissioner for Human Rights, Navi Pillay [UN profile], in January to respect the rights of protesters [JURIST report], Egypt has endured criticism for the handling of its protests throughout the year.


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Human rights defenders still threatened: UN expert
Sarah Posner on October 25, 2011 2:31 PM ET

[JURIST] Human rights defenders are still harassed, attacked and killed [press release] more than a decade after the international declaration adopted for their protection, a UN rights expert said Monday. UN Special Rapporteur Margaret Sekaggya presented her fourth report [text, PDF] on the right to defend human rights, which is aimed to increase understanding of the 1998 UN Declaration addressing the dangers that human rights defenders face. Sekaggya stressed that implementing the declaration, which sets out the rights and responsibilities crucial to the promotion and protection of human rights, is essential to allowing human rights defenders to carry out their work [UN News Centre report]. The report states:although some progress has been made, many countries continue to pass laws and regulations that restrict the space for human rights activities and that are incompatible with international standards and with the Declaration in particular. Even where efforts are made to adopt laws that are in line with international standards, their ineffective implementation often remains a problem. The aim of this report is both to make states aware of the rights provided for in the declaration and to ensure respect for the rights to which rights defenders are entitled.
Protection of human rights remains a central concern for the UN, with rights activists across the globe being subject to violence and arrest. In August, Chinese authorities in Beijing began the trial [JURIST report] of Wang Lihong, one of the dozens of human rights activists the government detained earlier this year as part of a crackdown on dissidents in the country. Nobel Peace Prize winner and human rights activist Liu Xiaobo [BBC profile; JURIST news archive] remains imprisoned in China despite international calls for his release. In July a coalition of human rights organizations issued a joint statement urging the Russian government to investigate the murder [JURIST report] of rights activist Natalia Estemirova [BBC obituary; JURIST news archive]. Estemirova, who was kidnapped in Grozny in July 2009 and shot to death, reported regularly on human rights abuses committed by the Chechen government, including extrajudicial killings, torture and enforced disappearances. In June, Zimbabwean human rights activist Farai Maguwu was arrested for allegedly supplying false information about Zimbabwe's controversial diamond mining practices to the international diamond control body the Kimberley Process (KP) [advocacy website].


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Australia AG refuses to allow Sri Lanka war crimes case
Jamie Reese on October 25, 2011 2:05 PM ET

[JURIST] Australian Attorney-General Robert McClelland [official website] refused Tuesday to allow a war crimes case against Sri Lankan President Mahinda Rajapaksa [official website]. McClelland's announcement was in response to charges filed [JURIST report] by an Australian citizen claiming that during the 2009 Sri Lankan civil war, civilian targets were intentionally bombed by military forces. McClelland's consent is needed for such charges to proceed, but a statement issued from his office explained that pursuing such charges would be in breach of international laws [ABC News report], which provide immunity for heads of state. Specifically, the Foreign States Immunity Act 1985 [text] extends immunities to heads of state when visiting on diplomatic missions. The filed charges stem from Rajapaksa's upcoming visit to Perth, Australia, to participate in the Commonwealth Heads of Government Meeting (CHOGM) [official website] where prime ministers and presidents of member countries are set to discuss both local and global issues.
The charges follow closely behind a call last week [JURIST report] from the International Commission of Jurists, Australian Section (ICJA) [advocacy website] for Australia to investigate a top ranking official in the Sri Lankan High Commission [official website] in Canberra for war crimes violations allegedly committed by the Sri Lankan Navy during clashes with the Liberation Tigers of Tamil Eelam (LITE) [JURIST news archive] in 2009. Last month, UN Secretary General Ban Ki-Moon [official profile] sent a report [JURIST report] to the UN Human Rights Council (UNHRC) [official website] accusing Sri Lankan troops of killing tens of thousands of civilians during the civil war. In April, a UN panel of experts on Sri Lanka found credible allegations of war crimes [JURIST report] committed during the country's war with the Liberation Tigers of Tamil Eelam (LTTE) [JURIST news archive], warranting further investigation. In December, the Sri Lankan Ministry of External Affairs [official website] announced that the UN panel would be allowed to visit [JURIST report] the island to look into alleged war crimes. The decision signaled a reversal after months of strong opposition [JURIST report] from the Sri Lankan government, which described the UN panel as an infringment of Sri Lanka's sovereignty.


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EU to enforce aircraft emissions law despite US opposition
Jennie Ryan on October 25, 2011 11:26 AM ET

[JURIST] The European Union [official website] on Tuesday insisted that it will enforce its new cap-and-trade law [EU Directive 2008/101/EC, PDF] on airline emissions for flights traveling to and from Europe despite strong opposition from the US. The new legislation, taking effect January 1, 2012, will eventually require all airlines, including those of non-EU countries, to pay for their carbon dioxide emissions in an effort to encourage airlines to use cleaner fuels and to economize fuel use. Those who do not comply would face steep fines. On Monday, the US House of Representatives [official website] voted to shield [press release] US passenger and cargo planes from compliance with the EU law. The House Transportation and Infrastructure Committee Chairman John Mica [official profile] has criticized the law, calling it "an arbitrary and unjust violation of international law that disadvantages US air carriers, threatens US aviation jobs, and could close down direct travel from many central and western US airports to Europe" and a violation of international law and trade agreements. The change in the emissions law would greatly impact large US carriers, costing them an estimated $3 billion by 2020. Despite US opposition, EU Climate Action Commissioner Connie Hedegaard [official profile] said via Twitter that she expects the US to comply [Twitter] with the law as the EU has respectfully complied with US law.
Several US and Canadian airlines have challenged the legislation in the EU Court of Justice [official website] alleging that the carbon emission fees violate international law. The airlines argued that the directive violated the Chicago Convention, the Kyoto Protocol and the Open Skies Agreement [texts, PDF]. Earlier this month, the ECJ advocate general Juliane Kokott issued an opinion that the EU law does not violate international law [JURIST report] and noting that the EU is not a party to the Chicago Convention. The opinion of the advocate general is advisory and not binding on the ECJ, which will subsequently rule on the issue.


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Canada AG blocks Bush torture suit
Sarah Posner on October 25, 2011 11:17 AM ET

[JURIST] The Attorney General for British Columbia [official website] on Tuesday blocked a lawsuit [CCIJ press release] filed by the Canadian Centre for International Justice (CCIJ) [advocacy website] against US president George W. Bush [JURIST news archive] on torture allegations. Lawyers from both CCIJ and the Center for Constitutional Rights (CCR) [advocacy website] responded with disappointment to the blocked lawsuit and order that the proceedings be stayed. Matt Eisenbrandt, legal director of the CCIJ, said, "[t]he legal basis for the case is exceptionally strong under the Criminal Code of Canada, and this private prosecution was initiated because the government of Canada refused to prosecute." The complaint [text, PDF] was filed [JURIST report] in Surrey Provincial Court on behalf of three former Guantanamo detainees and one man still being held in Guantanamo, who has been there for more than nine years. CCIJ filed the complaint prior to Bush's visit to Surrey for a speaking engagement with former US president Bill Clinton. Various human rights groups have called for an investigation of Bush's role in allegedly sanctioning torture of detainees.
Last week, Bush was in Surrey to attend the Surrey Regional Economic Summit [official website]. According to the CCIJ, the four men, three of whom have since been released without any formal charges ever being brought against them, endured "horrific and illegal" treatment while being detained at military bases in Afghanistan and Guantanamo Bay. CCIJ alleges that Bush violated the UN Convention Against Torture (CAT) [text]. The CCIJ and CCR initially filed an indictment against Bush [JURIST report] in September accusing Bush of sanctioning enforced disappearances, secret detention and a variety of acts of torture. Earlier in October, Human Rights Watch (HRW) and Amnesty International (AI) [advocacy websites] urged the Canadian government to investigate and arrest [JURIST report] Bush for his role in torture.


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Amnesty report: Syria government using hospitals to repress opposition
Rebecca DiLeonardo on October 25, 2011 10:43 AM ET

[JURIST] The Syrian government has been utilizing state-run hospitals and their personnel to abuse wounded protesters, according to an Amnesty International (AI) [advocacy website] report [text, PDF; press release] published Tuesday. The report alleges that since the anti-government protests began, Syrian government officials have violated international human rights laws by intercepting ambulances, raiding hospitals and abusing hospital patients believed to be associated with the protests. Hospitals are required to report patients suspected of involvement in the protests to the authorities, and doctors who treat these patients have allegedly been subject to detention and torture. Additionally, AI alleges that doctors and nurses on the staff in some hospitals have participated in abuse and denial of care to suspected protesters. The report found that many Syrians are not comfortable seeking care at state hospitals, and have sought out alternative medical care:Although prohibited by international human rights law and a serious breach of medical ethics, healthcare personnel have denied treatment to wounded patients on the basis of their real or presumed political affiliations. As well, security crackdowns and violent confrontations in the vicinity of healthcare facilities, and the occupation of facilities by armed forces and security personnel have prevented access to them by the wounded. People wounded in the unrest have become fearful of using state-run hospitals in case this leads to their being seen as government opponents and targeted for reprisals. AI has called on the Syrian government to require equal treatment of patients in state hospitals, call off abusive behavior by hospital employees and government officials, and immediately cease the unlawful detention of Syrian doctors. The Syrian government did not immediately respond to the report.
Earlier this month, UN High Commissioner for Human Rights Navi Pillay [official profile] urged [statement] the international community to take steps to protect civilian lives in Syria [JURIST report], where more than 3,000 civilians have been killed since protests against the government began. This statement followed a report from a UN commission urging [statement] Syrian authorities to allow human rights experts to conduct an investigation [JURIST report] into allegations of human rights violations. In August, Pillay called on the UN Security Council to refer Syria to the International Criminal Court (ICC) [official websites] to investigate the violent suppression of anti-government protests [JURIST report]. 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]. The Fact-finding Mission was established [JURIST report] by the UN Human Rights Council [official website] in April but was not permitted to enter the country.


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Libya government to implement moderate Sharia law
Alexandra Malatesta on October 25, 2011 10:36 AM ET

[JURIST] Interim Libyan leader Mustafa Abdul-Jalil [official profile] said Tuesday that he intends to make Islamic Sharia law the basic source of legislation and reject any tenets in contradiction the teachings of Islam, but all in moderation to reflect Libya's political landscape, cultural norms and religious makeup. Though Abdul-Jalil says he intends to legalize polygamy [AP report], which was previously outlawed by former leader Muammar Gaddafi [BBC obituary; JURIST news archive], he does not intend to adopt the harsher punishments instituted by Iran and Saudi Arabia, such as cutting off limbs for thievery, beheading murderers, stoning adulterers and publicly flogging alcohol users. Critics fear that even the moderate implementation of Sharia law may stunt progressive legislation for women and families [Daily Mail report] and that insisting on the implementation of any Sharia law without allowing a vote on the issue flies in the face of Libya's long, violent struggle for democracy. Others celebrate the once-banned moderate Islamic party's presence in the upcoming free election.
This announcement follows closely on the heels of Human Rights Watch (HRW) [official website] urging Libya's National Transitional Council (NTC) [official website] to investigate the apparent "mass execution" [press release] of 53 Gaddafi supporters whose bodies were discovered [JURIST report] at an abandoned hotel in an area of Sirte that was under anti-Gaddafi control. The call for the NTC to investigate the discovery of the bodies comes days after Gaddafi was captured and killed and the Libyan prime minister declared the official liberation [JURIST reports] from Gaddafi's regime. Gaddafi's death and Libya's liberation come as the latest of milestones [JURIST timeline] in the Libya conflict [JURIST backgrounder], which began in February as a protest in opposition to the arrest of a prominent human rights activist. The ICC warned Libya [JURIST report] in May against covering up possible war crimes that have occurred during the conflict, and stated those involved in a cover-up will be held accountable. Prior to Gaddafi's death, which is currently under investigation [JURIST report], the ICC issued arrest warrants [JURIST report] for him and two of his high-ranking officials for their involvement in crimes against humanity.


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China considers new anti-terrorism legislation
Jennie Ryan on October 25, 2011 10:33 AM ET

[JURIST] Proposed anti-terrorism legislation came before the Standing Committee of China' National People's Congress (NPC) [official website] on Tuesday that would provide specific legal definitions for terrorism and allow officials to more easily bring terror charges against suspects. Under China's current criminal law, those who organize, lead or actively participate in terrorist activities can receive a punishment of up to 10 years in prison, but the law fails to define the terms "terrorist" and "terrorist organization," or to define what constitutes "terrorist acts." Chinese Vice Minister of Public Security Yang Huanning emphasized the danger of having no clear definitions [Xinhua report] in the current law, noting in his report to the NPC that "China is faced with the real threat of terrorist activities, and the struggle with terrorism is long-term, complicated and acute." The proposed legislation would define terrorists as "those who organize, plot and conduct terrorist acts as well as those who are members of terrorist groups," and terrorist acts as "those acts which are intended to induce public fear or to coerce state organs or international organizations by means of violence, sabotage, threats or other tactics." The bill would also allow for the assets of suspected terrorists and terrorist organizations to be frozen and for the names of individuals and organizations to be published.
Other countries have also recently considered amending their anti-terrorism laws. In August, Philippine President Benigno Aquino III [official website] urged lawmakers to enhance a controversial anti-terror law [JURIST report] by removing provisions that deter authorities from using the law. The proposed change would reduce the $11,700-per-day fine imposed on police or military forces who wrongfully detain terror suspects, as well as removal of a provision requiring suspects to be alerted when they are placed under surveillance. The current law faces criticism from opponents who say its language is overly broad and that is has rarely been used. Also in August, Saudi Arabian officials proposed amendments [JURIST report] to a draft anti-terrorism law that would criminalize taking up arms against the king or crown prince. The Saudi Arabian draft law has been sharply criticized by Amnesty International (AI) [advocacy website] which alleges the proposed law conflicts with international human rights treatises.


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UK parliament votes down referendum on EU membership
Jaimie Cremeans on October 25, 2011 10:25 AM ET

[JURIST] The UK Parliament [official website] voted 483-111 [press release] Monday against holding a national referendum on remaining a member of the European Union (EU) [official website]. The referendum would have put forward three options [press release] to the public for a vote: to remain in the EU, to leave the EU or to re-negotiate membership terms. Motion for debate on the topic was requested by member of parliament David Nuttall [official blog], who earlier this month explained why he thought the public should have a chance to decide [press release], noting much has changed since the last referendum on the issue:Back in 1975 there was a referendum on whether or not we stayed in what was then referred to as 'The Common Market' the European Economic Community. Since then the nature of the organisation which the British people voted to remain part of has changed beyond all recognition. Firstly, the word 'Economic' was dropped and we became members of the European Community. Then, we became members of the European Union. All without any consultation of the British people. It is now time we all had our say! Conservatives, led by Nuttall, went against the policies of conservative Prime Minister David Cameron [official website] in voting for the referendum. Multiple petitions from outside organizations, which collectively gained more than 100,000 signatures, also contributed to the committee's decision to consider a referendum. Citizens who wish to leave the EU have expressed several reasons, including lack of transparency in decision-making, concerns about the economic state of other members and desire to keep the UK's sovereignty [BBC reports].
Recently, the UK government and the European Court of Human Rights (ECHR) [official website]a court to which all EU members subscribehave faced increasing conflict. Last week, the UK's top judge, Lord Chief Justice of England and Wales Lord Igor Judge [official profile] said that the UK is not bound by the rulings of the ECHR [JURIST report]. In March, the UK Ministry of Justice [official website] announced the creation of a commission, suggested by Cameron, which will consider the implementation of a British Bill of Rights [statement, text]. Former UK Lord Chief Justice Lord Woolf has warned that a Bill of Rights would conflict [JURIST report] with the European Convention on Human Rights, which the UK has incorporated into its law. While the government has not stated an intention to withdraw from the European Convention on Human Rights, Woolf warned that continued adherence to the convention combined with the creation of Bill of Rights would create complications for judges in determining which to follow and further the existing conflict between the UK and the ECHR. Cameron suggested the creation of the commission in February after the UK House of Commons [official website] voted to reject an ECHR ruling [JURIST reports] and continue preventing prisoners from voting in British elections. The following month, the UK government took legal action to overturn [JURIST report] the ECHR ruling.


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UN Security Council resolution urges stricter anti-piracy measures
Alexandra Malatesta on October 25, 2011 9:57 AM ET

[JURIST] The UN Security Council [official website] adopted a resolution [text] Monday urging member states to make piracy a crime and establish anti-piracy courts [webcast] because of the rise in maritime piracy crime off the coast of Somalia. The request was due in part to the recent conclusion [IMB report] by the Malaysia-based International Maritime Bureau's Piracy Reporting Center [official website] that despite increased patrol, Somali pirates are intensifying their attacks [AP report]. With Somali pirates responsible for 56 percent of the 352 attacks reported this year, the Security Council hopes to increase the number of courts and prisons in Somalia and other regional States in order to increase jurisdiction and accelerate enforcement efforts. The resolution also urges a collaborative effort among states [UN News Centre report] to share evidence and information regarding piracy suspects to further an anti-piracy international community:[The Security Council] [c]alls upon states ... to cooperate in determining jurisdiction, and in the investigation and prosecution of all persons responsible for acts of piracy and armed robbery off the coast of Somalia, including anyone who incites or facilitates an act of piracy, consistent with applicable international law including human rights law; ... and [to] adopt a complete set of counter-piracy laws, including laws to prosecute those who illicitly finance, plan, organize, facilitate or profit from pirate attacks, with a view to ensuring the effective prosecution of suspected pirates and those associated with piracy attacks in Somalia, the post-conviction transfer of pirates prosecuted elsewhere to Somalia, and the imprisonment of convicted pirates in Somalia, as soon as possible. The global economy has felt a billion dollar impact [Reuters report] as a result of at least 29 vessels being hijacked and requesting multi-million-dollar ransoms. The resolution also asks UN Secretary-General Ban Ki-moon to issue a progress report in two months regarding the prosecution of piracy suspects in Somalia.
International maritime piracy [JURIST news archive] reached an all-time high [JURIST report] early in the first quarter of 2011, according to a report [press release] released in April by the IMB. Earlier that month, the UN Security Council unanimously approved a resolution [JURIST report] to consider creating new laws, courts and prisons specialized to address the growing problem of piracy off the coast of Somalia. Last January, the IMB reported [JURIST report] that, to that point, 2009 marked the worst year of piracy since 2003, spiking near Somalian waters then as well. In July 2009, the IMB reported [JURIST report] that pirate attacks around the globe doubled in the first half of 2009. Few countries have been willing to prosecute suspected pirates. The few that have attempted to do so include Germany, Seychelles, the Netherlands, Mauritius, Yemen, Somalia and Spain [JURIST reports].


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Federal judge temporarily blocks Florida welfare drug testing law
Drew Singer on October 25, 2011 8:46 AM ET

[JURIST] A judge for the US District Court for the Middle District of Florida [official website] on Monday temporarily blocked [order, PDF] a new Florida law [Executive Order 11-58, PDF] that had required welfare applicants to pass a drug test before receiving benefits. Judge Mary Scriven said that the law might violate applicants' Fourth Amendment [text] protection against unreasonable search and seizures. She concluded:[I]mposing an injunction would serve the public interest by protecting [Temporary Assistance for Needy Families] TANF applicants from the harm caused by infringement of their constitutional right, a right here that once infringed cannot be restored. "Perhaps no greater public interest exists than protecting a citizen's rights under the constitution." Accordingly, the Court concludes that preliminarily enjoining what appears likely to be deemed to be an unconstitutional intrusion on the Fourth Amendment rights of TANF applicants serves the public interest and outweighs whatever minimal harm a preliminary injunction might visit upon the State. A spokesperson for the state of Florida said that there will be an appeal of the ruling. More than 7,000 welfare applicants have passed the test since it began in July, with 32 people failing it. About 1,600 people have refused to take the test. Some policy experts argue [JURIST comment] that the drug testing policy is harmful for needy families.
The American Civil Liberties Union of Florida and the Florida Justice Institute [advocacy websites] filed the challenge [JURIST report] in September. The lawsuit was filed on behalf of Luis Lebron, a 35-year-old Orlando resident, Navy veteran and full-time University of Central Florida student who applied for Temporary Cash Assistance to help support his four-year-old son. Lebron meets all the criteria for aid but refused to submit to the drug test on the principle that it is an infringement of his Fourth Amendment rights against unreasonable search and seizure. The complaint notes that the US Supreme Court has held that suspicionless drug testing by the government is an unreasonable search that violates the Fourth Amendment, the only exceptions being for substantial public safety concerns and students in the public school system.


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Alleged Iran assassin pleads not guilty in federal court
Drew Singer on October 25, 2011 7:35 AM ET

[JURIST] Manssor Arbabsiar pleaded not guilty in a New York district court on Monday to charges stemming from his role in the alleged Iranian plot to assassinate Adel al-Jubeir [official profile], Saudi Arabia's ambassador to the US, on US soil. Arbabsiar, a US citizen, is alleged to have participated in a $1.5 million plot hire a Mexican drug cartel [AP report, video] to assassinate the Saudi ambassador using plastic explosives. The US Department of Justice [official website] announced earlier this month that it had foiled the plot [press release]. Arbabsiar, who was working as a used-car salesman in Texas, was arrested, and the other suspect, Gholam Shakuri, is still at-large and believed to be in Iran. Both men are Iranian nationals. It is illegal to kill or threaten to kill diplomatic ambassadors [JURIST report], and nations are required to either prosecute the offenders or extradite them so that charges can be brought against them.
Tensions between Saudi Arabia and Iran have existed for decades [CNN backgrounder]. There is both a political and religious divide between the countries, as Saudi Arabia is predominately Sunni and Iran is predominately Shia. The recent Arab Spring has only exacerbated tensions between the countries [CNN backgrounder] as Iran, at least initially, supported the revolutions because it saw Tunisia, Egypt and Bahrain as American allies. Saudi Arabia, on the other hand, wished to preserve the status quo in the Arab world. Many commentators suggest that the alleged assassination plot will only further escalate the tension between the countries [TIME report] and strengthen the weakening US-Saudi relationship.


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