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Legal news from Thursday, February 9, 2012 |
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Iraq conducted 65 executions since start of 2012: HRW
Jerry Votava on February 9, 2012 1:35 PM ET

[JURIST] Iraq [JURIST news archive] has executed 65 people [press release] so far this year, Human Rights Watch (HRW) [advocacy website] reported Thursday. HRW said those executed were convicted of various crimes and counted a total of 51 in January and 14 in February. HRW also called for a moratorium on all future executions, and called for "an overhaul of [Iraq's] flawed criminal justice system." In its statement, HRW also said:Human Rights Watch is particularly concerned that Iraqi courts admit as evidence confessions obtained under coercion. The government should disclose the identities, locations, and status of all prisoners on death row, the crimes for which they have been convicted, court records for their being charged, tried, and sentenced, and details of any impending executions. HRW further commented that "many defendants are unable to pursue a meaningful defense or to challenge evidence against them, and lengthy pretrial detention without judicial review is common."
In January UN High Commissioner for Human Rights Navi Pillay [official website] condemned [JURIST report] Iraq's execution of 34 individuals, including two women. All 34 of those executions occurred on a single day for crimes described as terrorism-related offenses. In June HRW expressed concern [JURIST report] about reports that Iraqi police forces had been beating and illegally detaining protesters. Last February, HRW accused military officials [JURIST report] overseen by Iraqi Prime Minister Nuri al-Maliki [BBC profile; JURIST news archive] of running a secret jail in Iraq that is not subject to inspection by international groups and torturing suspects [JURIST news archive] in another detention center.


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Supreme Court blocks Ohio execution
Brandon Gatto on February 9, 2012 1:33 PM ET

[JURIST] The US Supreme Court [official website] on Wednesday denied [text, PDF] Ohio's request to put a condemned killer to death, effectively putting the state's executions on hold. Without comment, the court refused [AP report] to allow Ohio to execute Charles Lorraine, a 45-year-old man who was convicted in 1986 of killing an elderly couple. Though Ohio Governor John Kasich [official website] rejected Lorraine's plea for mercy, the execution has been consistently delayed by federal courts over growing concerns that the state deviates too often from its lethal injection rules. Despite Ohio Attorney General Mike DeWine's argument [text, PDF] that the state's minor deviations in death penalty policy do not make the process unconstitutional, the Supreme Court refused to reverse an earlier decision [text, PDF] made by the US District Court for the Southern District of Ohio [official website] and upheld [text, PDF] last month by the US Court of Appeals for the Sixth Circuit [official website]. Said the Sixth Circuit in affirming the opinion: We agree with the district court that the State should do what it agreed to do: in other words it should adhere to the execution protocol it adopted. As the district court found, whether slight or significant deviations from the protocol occur, the State's ongoing conduct requires the federal courts to monitor every execution on an ad hoc basis, because the State cannot be trusted to fulfill its otherwise lawful duty to execute inmates sentenced to death. The deviations in death penalty policy criticized by the district court include switching the official whose job it is to announce the start and finish times of the lethal injection and failing to properly document that the inmate's medical chart was reviewed.
Ohio's death penalty procedures have received consistent attention over the past few years. Last November, Ohio Supreme Court Chief Justice Maureen O'Connor [official website] instructed the state's death panel review committee [JURIST report] that its purpose was to provide "guidance on the current laws on the subject, the practices in other jurisdictions, the date, the costs, and many other aspects associated with the death penalty." The Chief Justice announced the formation of the committee [JURIST report] last September, declaring that it would be responsible for ensuring that the death penalty law is "administered in the most fair, efficient, and judicious manner possible." In March 2010, the Supreme Court refused to stay the execution of an Ohio inmate [JURIST report] who challenged the state's single-drug lethal injection protocol, which was changed [JURIST report] in November 2009 from the previously used three-drug method. Ohio conducted its first execution [JURIST report] using the new method in December 2009. The change in protocol came after the state reviewed its lethal injection practices [JURIST report] following a failed execution in September 2009.


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Federal, state AGs reach agreement in foreclosure investigation
Jamie Reese on February 9, 2012 1:11 PM ET

[JURIST] US Attorney General Eric Holder, along with Department of Housing and Urban Development Secretary Shaun Donovan [official websites] and 49 state attorneys general announced [press release; official website] Thursday that a $25 billion agreement was reached with the nation's five largest mortgage servicers to address mortgage loan servicing and foreclosure abuses. This agreement is the largest joint federal-state settlement ever obtained and includes mortgage servicers Bank of America Corporation, JPMorgan Chase & Co., Wells Fargo & Company, Citigroup Inc. and Ally Financial Inc. (formerly GMAC) [corporate websites]. Holder announced:The joint federal-state agreement requires servicers to implement comprehensive new mortgage loan servicing standards and to commit $25 billion to resolve violations of state and federal law, which include the use of "robo-signed" affidavits in foreclosure proceedings; deceptive practices in the offering of loan modifications; failures to offer non-foreclosure alternatives before foreclosing on the borrowers with federally insured mortgages; and filing improper documentation in federal bankruptcy court. The agreement will be filed as a consent judgment in the US District Court for the District of Columbia [official website] with servicers required to fulfill the obligations within three years. The agreement does not prevent civil suits by individual homeowners or criminal charges pursued by federal or state authorities. Oklahoma was the only state not to participate in the agreement.
The investigation began [JURIST report] in October 2010 with the forming of a bipartisan group called the Mortgage Foreclosure Multistate Group (MFMG). In June 2010, Countrywide Home Loans, Inc., a subsidiary of Bank of America, reached a $108 million settlement agreement [JURIST report] with the Federal Trade Commission (FTC) [official website] to resolve charges that the subsidiary collected excessive fees from homeowners facing foreclosure. In September 2010, a federal judge refused to dismiss a suit [JURIST report] against American International Group (AIG) [corporate website], and in August, a federal judge rejected a $75 million settlement [JURIST report] between Citigroup and the US Securities Exchange Commission (SEC) [official website] because the two companies misled investors. In 2009, the US Senate [official website] rejected a bill [S 896 materials] that would have aided homeowners in foreclosure [JURIST report] by allowing bankruptcy judges to modify mortgages from lenders that had not already offered better terms to their borrowers.


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Haiti rule of law has made significant progress: UN expert
Rebecca DiLeonardo on February 9, 2012 1:01 PM ET

[JURIST] The implementation of the rule of law in Haiti is making significant progress [press release], UN Independent Expert Michel Forst said Wednesday. Forst focused on improvements such as the establishment of judicial offices, the adoption of the International Covenant on Economic, Social and Cultural Rights [text, PDF] and the recent conviction of eight police officers [JURIST report] in a post-earthquake shooting. He said he was disappointed in the recent decision by Haiti's Investigative Magistrate Carves Jean that former president Jean-Claude Duvalier [BBC backgrounder; JURIST news archive] will not stand trial [JURIST report] for crimes against humanity, including torture, false imprisonment, rape and murder during his reign between 1971 and 1986. Forst stressed that the government in Haiti must continue to prioritize the Rule of Law:President Martelly has made Rule of Law one of his top priorities for his mandate, but the implementation of the rule of law requires a sound political action to implement the technical decisions for which diagnoses were made long ago. To rule also means to send political signals. The population needs to see that the Rule of Law prevails in Haiti. Forst also indicated that Haiti must work to reduce the amount of time individuals spend in prison while awaiting trial. He urged Haiti to consider this and other human rights issues in preparation for its participation in the upcoming UN Council for Human Rights in Geneva.
Haiti has been urged numerous times by different organizations to improve its human rights records. Last month the Investigative Magistrate dismissed the charges against Duvalier, reasoning that there are not sufficient legal grounds and that the statute of limitations has expired. In September, AI urged [JURIST report] the Haitian government to prosecute Duvalier after its release of a report [text, PDF] documenting crimes committed during the former president's reign. The findings were the result of an eight-month investigation [JURIST report]. In July, the UN Deputy High Commissioner for Human Rights [official website] Kyung-Wha Kang [official website] pressed Haiti [JURIST report] to establish a system of human rights and equality, especially by speeding up the case against Duvalier. He was accused of crimes against humanity and corruption [JURIST reports] in January of last year.


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Maldives issues arrest warrant for ex-president
Rebecca DiLeonardo on February 9, 2012 12:17 PM ET

[JURIST] Former Maldives president Mohamed Nasheed said Thursday he would remain in the country [BBC video] and try to regain his office after reports indicated that a warrant has been issued for his arrest. The specific charges are unclear [BBC report], but Nasheed maintains that the warrant is politically motivated. Nasheed, who resigned on Tuesday [press release; JURIST report], has said that he was forced out of office in a coup. Nasheed told reporters Thursday that he would remain for the good of the country: "They are going to arrest me [but] I am certain that you cannot suppress anything by brute force. ... I am not leaving the country for my own safety. How can I do that? This country will go to the dogs if I leave." Nasheed's vice president, Mohammed Waheed Hassan [official profile], took over the presidency Tuesday afternoon. Hassan issued a statement [text] Thursday renewing "his commitment to restore peace and order in the country." Nasheed has accused [BBC report] Hassan, who had called for his removal [CSM report] while serving as vice president, of participation in the coup.
The Maldives has faced ongoing unrest since the military in January arrested the chief justice of the nation's criminal court, Judge Abdulla Mohamed, after he released a detained opposition leader. Last month, the UN called for Mohamed's release [JURIST report] days after the Maldives Minister of Foreign Affairs [official website] asked the UN to help them resolve [JURIST reports] what they called a judicial system failure. The same week, a group of Maldives lawyers submitted [JURIST report] to the International Criminal Court (ICC) [official website] the case, calling Mohamed's continued detention a violation of the International Convention on the Protection of all Persons against Enforced Disappearance [text]. In the country's first democratic elections in 2008, Nasheed defeated longtime political opponent Maumoon Abdul Gayoon [BBC profile], ending his 30-year rule. During Thursday's street protests, some worried that the violence may have been a coup attempt by Gayoon, but the government has denied such claims [Reuters report].


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Spain high court convicts judge Garzon in wire-tapping case
Maureen Cosgrove on February 9, 2012 12:00 PM ET

[JURIST] The Spanish Supreme Court [official website, in Spanish] on Thursday convicted [press release, in Spanish] Spanish Judge Baltasar Garzon [BBC profile; JURIST news archive] of ordering illegal wiretaps in jailhouses, after a trial lasting less than one month [JURIST report]. The court announced in October that Garzon would stand trial on the charges after the he was indicted in April [JURIST reports] for ordering the placement of wiretaps in jailhouses to record conversations between inmates and their lawyers. Garzon gave the order as part of an investigation into a network of businesses that allegedly gave money and gifts to members of Spain's Popular Party in exchange for government contracts. This investigation, now known as "el caso Gurtel" [El Pais report, in Spanish], was commenced by Garzon in 2009, with the wiretap order issued in February of that year. He based his order to wiretap the jailhouse on his belief that it would yield incriminating evidence as the lawyers may be acting as liaisons with others suspected of involvement in this network. The court suspended Garzon from practicing law for 11 years.
A second private prosecution against Garzon related to abuse of power charges [JURIST report] began in January and is ongoing. In that case, Garzon is charged with politically motivated corruption in his 2008 investigation of crimes committed under the Franco dictatorship in violation of the 1977 Amnesty Law, which affords amnesty for Franco-era crimes. During the investigation, Garzon ordered [JURIST report] certain government agencies, the Episcopal Conference, the University of Granada and the mayors of four cities to produce the names of people buried in mass graves, as well as the circumstances and dates of their burial. In March, Garzon filed a petition [JURIST report] with the European Court of Human Rights (ECHR) [official website], challenging the 2010 charges of abuse of power. His petition follows the September 2010 decision of the Criminal Chamber of the Spanish Supreme Court, which unanimously confirmed [JURIST report] a lower court order that Garzon abused his power and must face trial. Garzon is widely known for using universal jurisdiction [AI backgrounder; JURIST news archive] extensively in the past to bring several high-profile rights cases, including those against Osama bin Laden and former Chilean dictator Augusto Pinochet.


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UN report finds rise in criminal violence harmful to Caribbean economies
Jennie Ryan on February 9, 2012 11:27 AM ET

[JURIST] A rising crime rate in Caribbean nations is one of the main challenges threatening those nations' economies, the UN Development Programme (UNDP) [official website] reported [text, PDF] Wednesday. According to the Caribbean Human Development Report 2012, the "region is home to 8.5 percent of the world's population, yet it concentrates some 27 percent of the world's homicides. Violence and crime are therefore perceived by a majority of Latin American and Caribbean citizens as a top pressing challenge." Gang-related violence [press release] specifically plays a large role in destabilizing economies throughout the Caribbean. The report estimates that the cost of gang-related crime is between 2.8 and 4 percent of gross domestic product (GDP) in the region. The cost of policing is a factor, but so too is the loss of income by incarcerated youths and the loss of potential tourism revenues. The report indicates that "[h]igh rates of violent crime can be turned around by achieving a better balance between legitimate law enforcement and preventive measures, with a stronger focus on prevention."
The UN has expressed similar concern about rising homicide rates in the Central American region of the world. In October of last year, a UN Office on Drugs and Crime (UNODC) [official website] report [JURIST report] found that homicide rates in Central American countries, including El Salvador and Honduras, are reaching a "crisis point." The report found that young men in Central and Southern America, Central and Southern Africa and the Caribbean are at the greatest risk of intentional homicide. In June 2010, the UNODC released a report [JURIST report] detailing the globalization of organized crime and its threat to international security. The report specifically addressed the global economic impact of human and drug trafficking, sale of illicit firearms, piracy, identity theft and the illegal exploitation of natural resources. The report echoed warnings issued by the UNODC [JURIST report] in May 2010, stating that the inadequacies of the current international crime control system are allowing organized crime organizations to gain economic strength.


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Russia lawmakers approve stricter sex offender law
Maureen Cosgrove on February 9, 2012 11:00 AM ET

[JURIST] The Russian State Duma [official website, in Russian] on Tuesday approved [press release, in Russian] legislation imposing stricter penalties for individuals convicted of sex offenses against minors. The legislation, initiated by Russian President Dmitry Medvedev [official website, in Russian; JURIST news archive], prohibits probation and sentence deferrals for perpetrators and provides that repeat offenders could face up to life in prison. Offenders are also permitted to voluntarily submit to chemical castration, a reversible process consisting of a series of chemical injections that hinder the effects of the male hormone testosterone. Offenders who are close relatives, teachers, or caregivers of child victims or employees of childcare institutions may be subject to more severe penalties. The legislation was passed by 354 of 450 voting members.
Medvedev first proposed that the chemical castration procedure be voluntary [JURIST report] in July, but the United Russia [party website, in Russian] party, which holds a majority in parliament had wanted the procedure to be mandatory. In an earlier version of the bill, punishment for sexual crimes committed against children would range from 20 years to life imprisonment [Library of Congress report]. Several countries including South Korea [JURIST report], Canada, Britain, France, Germany, Denmark, Israel, Norway, Sweden, Poland and some US states use the chemical castration process. In his annual address to Parliament [transcript text] last November, Medvedev emphasized the need for measures that protect children, including harsher penalties for those who commit sexual crimes against children.


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US, Arab states not bound by grant of immunity to Yemen president: HRW
Jennie Ryan on February 9, 2012 10:55 AM ET

[JURIST] US and Arab Gulf states are not legally bound by a decision to grant immunity to Yemeni President Ali Abdullah Saleh [official website, in Arabic; JURIST news archive] and should refrain from doing so, Human Rights Watch (HRW) [advocacy website] said in a report [text] released Wednesday. Last month, the Yemeni parliament approved a bill granting complete immunity [JURIST report] to Saleh for crimes committed during his regime in exchange for him stepping down. In the report, HRW recommends [press release] that all countries "impose an asset freeze and travel ban on President Saleh" and other top Yemeni official implicated in the alleged human rights violations. HRW argues that countries should take such actions in order to "[p]ublicly express opposition to any grant of immunity to Yemeni officials who may have been responsible for serious violations of international human rights or humanitarian law [and to m]ake clear that such immunity has no effect in jurisdictions outside of Yemen." Saleh is currently in the US receiving medical treatment. He is expected to return to Yemen sometime before the countries presidential election scheduled for February 21.
Criticism of Yemen's handling of the situation with Saleh has been ongoing since the country first announced it would give him complete immunity. Last month Yemen's newly appointed Council of Ministers approved a draft law [JURIST report] to grant Saleh immunity from any charges against him for alleged human rights violations from his time in office. A couple of weeks later, Yemeni officials amended that law [JURIST report] to give Saleh's associates only limited immunity. UN High Commissioner for Human Rights Navi Pillay [official profile] has spoken out against granting immunity [JURIST report] because of concerns that it might be too broad. In April, Saleh agreed to step down [JURIST report] in exchange for immunity. The UN is investigating human rights violations [JURIST report] in Yemen in relation to its handling of pro-democracy protests. Saleh and his party, the General People's Congress (GPC), had caused political tensions that led to the protests through their attempts to remove presidential term limits [JURIST report] and expand their political power.


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Federal judge allows 'secret evidence' in al Qaeda trial
Julia Zebley on February 9, 2012 8:47 AM ET

[JURIST] A judge for the US District Court for the Western District of Kentucky [official website] on Wednesday allowed "secret evidence" to be used against an Iraqi refugee for terrorism charges, finding probable cause that he is "an agent of a foreign power." Mohanad Shareef Hammadi is charged with attempting to provide material support to terrorists and terrorist organizations and conspiracy to transfer weapons to terrorist organizations, specifically al Qaeda [JURIST news archive]. Judge Thomas Russell, after assessing all of the prosecution's files, ruled that Hammadi's attorneys may not review warrants and information gained by surveillance, in addition to withholding that information from the actual trial. The prosecution obtained the information under the Foreign Intelligence Surveillance Act (FISA) [text], a law used primarily to collect intelligence on foreign agents and foreign terrorism suspects. Hammadi's attorney is pursuing a plea agreement [AP report]. Hammadi is set to go to trial on July 30.
The Senate Armed Services Committee [official website] on Wednesday finally agreed on a controversial detainee provision of the National Defense Authorization Act for 2012 [SB 1867, PDF] in November that governs the handling and prosecuting of suspected al Qaeda [GlobalSecurity backgrounder] detainees. The provision allows the military to have complete custody and control over terror suspects and grants authority to Attorney General Eric Holder [official website] over whether suspects should be tried in military or civilian courts. Issues of "secret evidence" have been broached in other courts as well. Last year, the UK Supreme Court [official website] ruled [JURIST report] that secret service organizations cannot withhold evidence from opposing parties nor conduct closed trials. The appellants, secret service organizations including MI5 [official website], appealing a May 2010 ruling [JURIST report], requested the creation of a "closed material procedure," saying the disclosure of their evidence to the appellees, former Guantanamo detainees, would be contrary to the public interest. The court rejected this idea, citing the public interest immunity (PII) doctrine as more than suitable for classified information as evidence, and that it was not in the judiciary's power to allow or enforce a new doctrine.


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Washington House approves same-sex marriage bill
Julia Zebley on February 9, 2012 7:43 AM ET

[JURIST] The Washington state House of Representatives [official website] voted 53-43 Wednesday to approve a bill [HB 6239] to legalize same-sex marriage [JURIST backgrounder]. Washington currently grants expanded domestic partnership rights [JURIST report] rather than full marriage or civil union rights to same-sex couples. The Senate passed the bill [JURIST report] last week, and Governor Christine Gregoire [official website] is expected to sign it into law next week. Gregoire has been a major supporter of gay rights in her term as governor and originally proposed a marriage bill in the state Congress. In a statement, she praised the bill's passage:This is truly a historic day in Washington state, and one where I couldn't be more proud. With today's vote, we tell the nation that Washington state will no longer deny our citizens the opportunity to marry the person they love. We tell every child of same-sex couples that their family is every bit as equal and important as all other families in our state. And we take a major step toward completing a long and important journey to end discrimination based on sexual orientation. Opponents of same-sex marriage have promised to challenge the imminent law with a referendum, similar to Proposition 8 [text, PDF; JURIST news archive] in California. The US Court of Appeals for the Ninth Circuit [official website] ruled [JURIST report] earlier this week that Proposition 8 is unconstitutional. If a ballot initiative in Washington is not achieved, same-sex marriages could begin as early as June.
Washington is poised to become the eighth jurisdiction in the US to legalize same-sex marriage [US map]. In a similar situation, New Jersey is considering legalizing same-sex marriage soon, although it currently has a civil union system in place. In November, a lawsuit [JURIST report] was allowed to continue in New Jersey, which seeks declaratory and injunctive relief against the state civil union law as a contravention of both the Fourteenth Amendment [Cornell LII backgrounder] and the New Jersey State Constitution. Same-sex marriage has been legalized in New York, Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and the District of Columbia [JURIST reports]. The case for same-sex marriage was recently made by JURIST contributor Kimberly Bennett in Judicial Activism and the Recognition of Same-Sex Marriage [JURIST op-ed].


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