JURIST Supported by the University of Pittsburgh
PAPER CHASE ARCHIVEDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.
Listen to Paper Chase!


Legal news from Wednesday, November 23, 2011




France court allows Noriega extradition to Panama
Jaclyn Belczyk on November 23, 2011 4:32 PM ET

Photo source or description
[JURIST] A French appeals court ruled Wednesday that former Panamanian dictator Manuel Noriega [BBC backgrounder; JURIST news archive] can be extradited to Panama. Noriega faces charges of human rights violations in Panama for crimes allegedly committed during his 1981-1989 rule. He was already convicted on three counts of human rights violations in absentia, and each count carries a 20-year prison sentence. Panamanian President Ricardo Martinelli [official profile, in Spanish] and Panamanian authorities have been seeking Noriega's extradition [JURIST report] to face charges of human rights violations in Panama since April 2010. French authorities ordered his extradition [JURIST report] earlier this year, but it has been held up in court. It is unclear when [CNN report] French Prime Minister Francois Fillon [official website, in French] will sign the extradition order.

A French criminal court sentenced Noriega [JURIST report] to seven years in jail for money laundering in July 2010. He was convicted of laundering $3 million in drug profits by purchasing property in Paris. In April 2010, Noriega was extradited [JURIST report] from the US, where he had served a 17-year sentence on drug charges, after fighting extradition [JURIST report] since 2007. The US Supreme Court declined to reconsider [JURIST report] Noriega's petition to stop the extradition process. His lawyers filed the petition in February 2010 after the Supreme Court denied certiorari [JURIST reports] on the case a month earlier. Noriega, who has been declared a prisoner of war, sought to enforce a provision of the Geneva Convention [ICRC backgrounder] that requires repatriation at the end of confinement. Noriega and his wife were sentenced in absentia [Reuters report] to 10 years in jail by a French court in 1999, but France agreed to hold a new trial if he was extradited.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Oregon governor puts moratorium on death penalty
Jaclyn Belczyk on November 23, 2011 2:41 PM ET

Photo source or description
[JURIST] Oregon Governor John Kitzhaber [official website] on Tuesday issued a temporary reprieve for death row inmate Gary Haugen and called for an end [press release] to the state's death penalty [JURIST news archive]. The state has executed only two individuals in the last 49 years and each execution was with the prisoner's consent. Kitzhaber said, "I do not believe that those executions made us safer; and certainly they did not make us nobler as a society." He stated:
Oregonians have a fundamental belief in fairness and justice—in swift and certain justice. The death penalty as practiced in Oregon is neither fair nor just; and it is not swift or certain. It is not applied equally to all. It is a perversion of justice that the single best indicator of who will and will not be executed has nothing to do with the circumstances of a crime or the findings of a jury. The only factor that determines whether someone sentenced to death in Oregon is actually executed is that they volunteer. ... I am calling on the legislature to bring potential reforms before the 2013 legislative session and encourage all Oregonians to engage in the long overdue debate that this important issue deserves.
Kitzhaber said that is "convinced we can find a better solution that keeps society safe, supports the victims of crime and their families and reflects Oregon values."

The death penalty remains a controversial issue across the US. Earlier this week, the Connecticut Supreme Court [official website] upheld [JURIST report] the constitutionality of the state's death penalty law. Earlier this month, the Ohio Supreme Court [official website] announced that it was forming a committee to ensure that the death penalty is not administered arbitrarily [JURIST report]. In March, Illinois abolished capital punishment [JURIST report], concluding that there was no way to rid the capital punishment system of its discriminatory flaws. In 2009, New Mexico repealed its death penalty [JURIST report] on similar grounds to Illinois, asserting that the state could not possibly administer the death penalty impartially.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


UN rights chief urges independent probe into Egypt violence
Jaclyn Belczyk on November 23, 2011 1:47 PM ET

Photo source or description
[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] on Wednesday condemned the recent violent clashes [press release] between Egyptian security forces and protesters and called for an independent investigation into the situation. Pillay "urge[d] the Egyptian authorities to end the clearly excessive use of force against protestors in Tahrir square and elsewhere in the country, including the apparent improper use of tear gas, rubber bullets and live ammunition." She also called for a "prompt, impartial and independent investigation, and accountability for those found responsible for the abuses that have taken place." Pillay reminded Egyptian authorities that they "have an obligation to provide protection for all and ensure a peaceful and safe environment in the lead-up to next week's crucial elections."

Pillay's comments come on the heels of an Amnesty International [advocacy website] report which concluded that Egypt's ruling military council has committed numerous human rights violations [JURIST report], including abuse of protesters and journalists who voice their dissatisfaction with the government. On Monday, UN Secretary-General Ban Ki-moon [official profile] and a group of independent human rights experts issued a joint statement [JURIST report] "express[ing] alarm at the degree of violence and deterioration of the freedoms of peaceful assembly and association which have led to loss of life in Egypt." Last Friday, as many as 50,000 protesters took to Tahrir Square in Egypt [JURIST report], decrying the military's continued rule over the nation since this year's revolution and were reportedly met with a violent reprisal from police forces. Protests have continued with reports of 35 killed and hundreds more injured.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


ICC prosecutor says Libya can try Gaddafi's son
Jaimie Cremeans on November 23, 2011 1:12 PM ET

Photo source or description
[JURIST] International Criminal Court [official website] Chief Prosecutor Luis Moreno-Ocampo [official profile] said Wednesday the ICC would allow Libya to conduct the trial of Saif al-Islam Gaddafi, son of former Libyan leader Muammar Gaddafi [BBC profile]. Despite concern from human rights groups, including Human Rights Watch [advocacy website], about whether Saif al-Islam Gaddafi can receive a fair trial [HRW report] in Libya, Ocampo said he trusts the new Libyan government will be able to try him fairly [AP report] and maintained that the ICC will not intervene as long as it does not stray from ICC standards. The ICC issued a statement [text] Wednesday clarifying that, "[s]hould the Libyan authorities wish to conduct national prosecutions against the suspect, they shall submit a challenge to the admissibility of the case before Pre-Trial Chamber I. ... Any decision on the admissibility of a case is under the sole competence of the Judges of the ICC." On the issue of the trial of Muammar Gaddafi's former intelligence chief Abdullah al-Senussi, Ocampo denied reports [Global Post report] by Libya's National Transitional Council [official website] that he had been captured.

Ocampo arrived in Libya [JURIST report] Tuesday to discuss details of Saif al-Islam and al-Senussi's trials with Libyan officials and decide where they should be held. Gaddafi's son was captured by Libyan opposition forces Friday after arrest warrants were issued by the ICC for Gaddafi, him and al-Senussi in June. Military and National Transitional Council officials confirmed [Global Post report] al-Senussi's capture Sunday, but that is not being called into question.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


UN rights body passes resolution condemning Syria violence
Jaclyn Belczyk on November 23, 2011 11:18 AM ET

Photo source or description
[JURIST] The UN General Assembly's Human Rights Committee on Tuesday approved a draft resolution [materials] condemning recent human rights violations in Syria [press release; video]. The non-binding resolution, drafted by the UK, France and Germany, passed by a vote of 122-13, with 41 abstentions. The resolution, "Strongly condemns the continued grave and systematic human rights violations by the Syrian authorities, such as arbitrary executions, excessive use of force and the persecution and killing of protesters and human rights defenders, arbitrary detention, enforced disappearances, torture and ill treatment of detainees, including children." It also, "Calls upon the Syrian authorities to immediately put an end to all human rights violations, to protect their population and to fully comply with their obligations under international human rights law, and calls for an immediate end to all violence in the Syrian Arab Republic." The nations that sponsored the resolution hope it will be a first step in bringing the matter back before the UN Security Council [BBC report].

Earlier this month, Human Rights Watch (HRW) [advocacy website] reported that Syrian governmental forces have been committing crimes against humanity [JURIST report], including torture and unlawful killings of anti-government protesters in Homs, Syria [map]. Also this month, the UN Office of the High Commissioner for Human Rights [official website] announced that the death toll of Syrian protesters has exceeded 3,500 [JURIST report]. In October, 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]. The violence has been condemned [JURIST report] by both the UN and the Arab League.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


DOJ and Merck reach settlement agreement in Vioxx suit
Jamie Reese on November 23, 2011 10:10 AM ET

Photo source or description
[JURIST] Merck & Co [corporate website] reached a settlement agreement Tuesday with the US Department of Justice (DOJ) [official website], agreeing to pay $950 million in criminal and civil penalties. The agreement [text, PDF] includes $321 million in criminal fines and $628 million in civil fines as well as submitting a guilty plea to an information [text, PDF] filed by the US Attorney's Office for the District of Massachusetts (USAO) [official website]. The one-count information was filed against Merck for promoting Vioxx [JURIST news archive] for use against rheumatoid arthritis before receiving FDA [official website] approval. Merck has also entered into a corporate integrity agreement through which procedures will be put into place to prevent and detect any violations of company policy or law. Merck said the settlement does not constitute an admission of any liability or wrongdoing [press release] and the company believes they "acted responsibly and in good faith in connection with the conduct at issue." The USAO said [press release] they "will continue to work with law enforcement partners to aggressively investigate and prosecute pharmaceutical companies—no matter how large—when they improperly market their products."

Vioxx was pulled from the market in September 2004 after it was discovered that it led to an increased risk of heart attack. In June 2010, a federal judge in Louisiana found for Merck [JURIST report] in a lawsuit over reimbursements for the prescription painkiller Vioxx filed by the Louisiana Attorney General's Office [official website] and joined [JURIST report] by the state of Florida in 2008. Other lawsuits were filed in Louisiana, California, New Jersey and Texas [JURIST reports]. In April 2010, the US Supreme Court [official website] ruled [JURIST report] that a securities fraud claim filed against Vioxx had not passed its statute of limitations and could proceed. In September 2007, the New Jersey Supreme Court [official website] dismissed a class action lawsuit [JURIST report] filed against Merck, reversing a lower court's decision to grant nationwide class certification in the case. In November 2007, Merck said that it had agreed to pay $4.85 billion to settle [JURIST report] all pending lawsuits regarding its marketing and distribution of Vioxx.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


DOJ challenges Utah immigration law
Jaclyn Belczyk on November 23, 2011 10:06 AM ET

Photo source or description
[JURIST] The US Department of Justice (DOJ) [official website] on Tuesday filed a challenge [complaint, PDF; press release] to Utah's controversial immigration law [HB 497 materials; JURIST news archive]. The measure was signed into law [JURIST report] in March by Utah Governor Gary Herbert [official website] and requires police to check the immigration status of anyone arrested for an alleged felony or serious misdemeanor.The DOJ argues that the law is preempted by federal law because it attempts to establish a state-specific immigration policy. In its complaint, the DOJ said:
Utah's adoption of its own immigration policy disrupts the federal government's ability both to administer and enforce the federal immigration laws including as set forth in the Immigration and Nationality Act, and to establish and pursue federal policies and priorities pertaining to, inter alia, the identification, apprehension, detention and removal of aliens unlawfully in the United States. By contributing to this state-specific immigration policy, the challenged provisions of H.B. 497 represent an attempt to regulate in an area constitutionally reserved to the federal government, forcing a conflict with the federal immigration laws and federal immigration policy, interfering with federal primacy in managing the nation's foreign affairs and in balancing the competing objectives of immigration policy, and impeding the accomplishment and execution of the full purposes and objectives of Congress. Sections 3, 10, and 11 of H.B. 497 are therefore preempted.
A judge for the US District Court for the District of Utah [official website] temporarily blocked the Utah law in May, less than 24 hours after it took effect, following a challenge [JURIST reports] by the American Civil Liberties Union, the National Immigration Law Center [advocacy websites] and other plaintiffs.

The DOJ has filed similar suits challenging immigration laws in Arizona, Alabama and South Carolina [JURIST reports]. Federal judges have enjoined portions of each of those laws, and an appeal of the Arizona law is currently pending before the Supreme Court [JURIST report]. The DOJ is reviewing similar immigration legislation passed recently in Indiana and Georgia [JURIST reports].




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Ninth Circuit consolidates Proposition 8 challenge with claim that judge was biased
Julia Zebley on November 23, 2011 7:14 AM ET

Photo source or description
[JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Tuesday consolidated [order, PDF] the ongoing Proposition 8 [text; JURIST news archive] case with an appeal of a denied motion to vacate [JURIST report] District Judge Vaughn Walker's ruling due to conflict of interest. Walker, who initially overturned Proposition 8 [JURIST report], is a gay man who has been in a committed same-sex relationship for 10 years. Although it was an open secret at the time of trial, Walker did not reveal this until retiring after the ruling. Supporters of Proposition 8, who won the right to defend the law [JURIST report] last week, declared this a conflict of interest that should have forced his recusal, as Walker's long-term relationship implied a vested interest in same-sex marriage being legalized. The only Proposition 8-related matter not consolidated into this hearing is now the release of the original trial videos [JURIST report]. It is speculated the consolidation is designed to provide a clean appeal to the Supreme Court [Metro Weekly report] regardless of how the Ninth Circuit rules.

The battle over Proposition 8, a ballot initiative that amended the state constitution to ban same-sex marriage [JURIST news archive], continues, awaiting a ruling from the the Ninth Circuit. The Ninth Circuit heard oral arguments [video; JURIST report] in Perry v. Brown [case materials] at the end of 2010. The hearing was divided into two one-hour sessions, with the first section focusing on the issue of standing, and the second focusing on Proposition 8's constitutionality. In March, the Ninth Circuit denied a motion [JURIST report] filed by California Attorney General Kamala Harris [official website] to lift the stay order [JURIST report] prohibiting gay couples from marrying while the appeal is pending. Walker's ruling in August 2010 held that the ban violated both the Due Process Clause and the Equal Protection Clause [Cornell LII backgrounders] of the Fourteenth Amendment and held that same-sex marriage was required as part of the fundamental right to marriage affirmed by the Supreme Court in Loving v. Virginia [text].




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Malaysia rights group finds Bush, Blair guilty of war crimes in symbolic trial
Julia Zebley on November 23, 2011 6:46 AM ET

Photo source or description
[JURIST] The Malaysian Kuala Lumpur Foundation to Criminalise War (KLFCW) [official website] on Tuesday found former US president George W. Bush, former UK prime minister Tony Blair [JURIST news archives] guilty of war crimes after a symbolic trial [JURIST report]. The duo was found guilty on charges in connection to the March 2003 invasion of Iraq after a four-day hearing. The trials, headed by former Malaysian premier Mahathir Mohamad [BBC profile], a vocal critic of the Iraq conflict since its inception, have no enforcement power under international or domestic rule of law. Nonetheless, the tribunal plans to try other prominent political figures of the war, including former vice president Dick Cheney and former secretary of defense Donald Rumsfeld [JURIST news archives].

Various human rights groups have filed charges against US and UK officials alleging war crimes committed in Afghanistan and Iraq. In October, the attorney general for British Columbia blocked a lawsuit [JURIST report] filed by the Canadian Centre for International Justice [advocacy website] against Bush on torture allegations. 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. In February, the Center for Constitutional Rights and the European Center for Human Rights [advocacy websites] urged the signatory states of the UN Convention Against Torture (CAT) [text] to pursue criminal charges [JURIST report] against Bush. Other calls to investigate the criminal culpability of Bush and officials in his administration have been rejected consistently by US officials [JURIST report]. In 2010, a former UN official strongly suggested [JURIST report] a war crimes investigation of actions by both sides in the Afghanistan war. In 2009, the UK High Court criticized [JURIST report] its own Ministry of Defense for failure to investigate or release documents regarding a claim of war crimes against UK soldiers in Iraq.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page

For more legal news check the Paper Chase Archive...


LATEST OP-ED

Is Egypt's Stance on the Blue Nile Dam Legally Justified?
DOMESTIC
Zeray Yihdego
University of Aberdeen School of Law

Get JURIST legal news delivered daily to your e-mail!

SYNDICATION

Add Paper Chase legal news to your RSS reader or personalized portal:
  • Add to Google
  • Add to My Yahoo!
  • Subscribe with Bloglines
  • Add to My AOL

E-MAIL

Subscribe to Paper Chase by e-mail. JURIST offers a free once-a-day digest [sample]. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.


R|mail e-mails individual Paper Chase posts through the day. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.

PUBLICATION

Join top US law schools, federal appeals courts, law firms and legal organizations by publishing Paper Chase legal news on your public website or intranet.

JURIST offers a news ticker and preformatted headline boxes updated in real time. Get the code.

Feedroll provides free Paper Chase news boxes with headlines or digests precisely tailored to your website's look and feel, with content updated every 15 minutes. Customize and get the code.

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org