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Legal news from Friday, February 17, 2012




UN General Assembly passes resolution condemning Syria violence
Jerry Votava on February 17, 2012 5:56 PM ET

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[JURIST] The UN General Assembly [official website] voted on Thursday to condemn Syria [JURIST news archive] through a non-binding resolution [press release]. The resolution supports a plan [text, PDF, in Arabic] advanced by the Arab League [official website] that aims to bring the situation in Syria to a close as quickly as possible by encouraging President Bashar al-Assad [BBC profile; JURIST news archive] to step down. There were 12 votes against the resolution [UN News Centre report] including Russia, China, Iran and Bolivia.
By other terms of the text adopted today, the Assembly expressed its full support for the Arab League's decision to facilitate a Syrian-led political transition to a democratic, pluralistic political system, including through a "serious political dialogue between the [Syrian Government] and the whole spectrum of the Syrian opposition." Reaffirming its strong commitment to Syria's sovereignty, independence, unity and territorial integrity, it further reaffirmed that all Member States "should refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State."
Amendments by Russia that "proposed to place reasonable demands on opposition forces to disassociate themselves from armed groups and to demand that those groups themselves stop their attacks" were rejected. In response to the resolution, the representative for Syria called the resolution and the Arab League's actions a "Trojan horse," and argued that the Arab League is now controlled primarily by Western oil companies. He also stated that his country is responding to calls for reform, specifically noting a recently announced referendum for a new constitution [JURIST report].

The growing unrest in Syria has drawn copious international attention recently. Earlier this week, both UN High Commissioner for Human Rights Navi Pillay and Secretary General Ban Ki-Moon [JURIST reports], called for an end to the violence in Syria, with Pillay asking the UN Security Council to refer the situation in Syria to the International Criminal Court (ICC). Pillay urged an investigation of Syrian government and military officials for possible crimes against humanity. The UN Children's Fund (UNICEF) claimed earlier in February that the past 11 months of violence in Syria have led to the deaths of hundreds of children [JURIST report]. In January, Ban demanded [JURIST report] that al-Assad end violence against Syrian civilians. The UN Office of the High Commissioner for Human Rights reports that more than 5,000 people have died since anti-government protests began last March.




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Canada high court dismisses appeal on student exemption from religious course
Jaimie Cremeans on February 17, 2012 2:11 PM ET

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[JURIST] The Canada Supreme Court [official website] on Friday dismissed an appeal [opinion] from Catholic parents who hoped to exempt their children from attending religious courses as part of a mandatory Ethics and Religious Culture Program (ERCP) [official profile] in Quebec. The parents argued that the courses would teach their children things contrary to their own religious values, and had previously challenged the requirement through their school board, which denied their requests. They asked the court to declare that the program was an infringement on their children's constitutional rights to religion and to review the school board's decision to not exempt them from the courses. In the court's dismissal, Justice Marie Deschamps stated:
Although the sincerity of a person's belief that a religious practice must be observed is relevant to whether the person's right to freedom of religion is at issue, an infringement of this right cannot be established without objective proof of an interference with the observance of that practice. In this case, given the trial judge's findings of fact and the evidence in the record concerning the neutrality of the ERC Program, I conclude that the appellants have failed to prove such an interference.
Deschamps also wrote that "early exposure of children to realities that differ from those in their immediate family environment is a fact of life in society," and that exposure "does not in itself constitute an infringement."

The Ethics and Religious Culture Program was created in 2008 as a replacement for the Moral Education, Catholic Religious and Moral Instruction, and Protestant Moral Education and Religious Education courses that existed at the time. Denis Watters, head of the ERCP at the Quebec Ministry of Education, Leisure and Sport [official website], said the ERCP is designed "to equip [students] with knowledge that will help them decode the meanings of the various religious expressions around them," not to push any of the religions on students. There are often instances of tension between religious freedom and educational requirements in other countries as well. In 2009, Germany's high court rejected a religious challenge against required sexual education classes. In 2008, a US federal court ruled that Pennsylvania educational requirements did not violate [JURIST reports] religious rights of children who are home schooled.




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China must release Tibet prisoners: HRW
Matthew Pomy on February 17, 2012 1:49 PM ET

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[JURIST] Human Rights Watch (HRW) [advocacy website] demanded [press release] Thursday that China release Tibetan [BBC backgrounder] prisoners that were captured while travelling and are now being forced into political re-education camps. The exact number of those detained is not known, but it is thought to be several hundred. Those detained had gone to India to hear the teachings of the Dalai Lama [official website] with valid travel documents, only to be captured upon their return. HRW called the arrest of properly documented travelers "unprecedented" and noted that this is the first known widespread detention of laypeople since 1970. Sophie Richardson [HRW profile], China director at HRW, said in a statement:
Arbitrarily detaining people and forcing them to undergo political indoctrination is an abuse of Chinese and international laws. [...] Authorities in the region should release these individuals, as their detention only escalates the tension in Tibetan regions which already have increased limits on travel and communication as well as troop and security presence.
The report notes further that the ethnic Chinese who attended the Dalai Lama's teachings were not detained, which suggests the detentions were motivated purely by ethnicity.

China has long imposed strict restrictions on Tibet. In November 2011, the UN formally expressed concern over China's treatment of Tibet. That June, concern over an influc of missing persons prompted a UN rights body to demand a report on disappearances. The same month, the US requested China release peaceful protesters arrested in Tiananmen Square. In July of 2010, HRW published a report alleging China violated international law [JURIST reports] in its treatment of Tibetan protesters. Secrecy in China's judicial system [JURIST comment] often raises human rights concerns [JURIST news archive] over prisoners being held there.




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UN SG speaks on nuclear disarmament, calls for openness from Iran
Matthew Pomy on February 17, 2012 1:11 PM ET

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[JURIST] UN Secretary-General Ban Ki-Moon [official profile] called for Iran to prove its commitment to not seeking nuclear weapons after giving remarks [text] at an event marking the 15th anniversary of the Comprehensive Nuclear-Test-Ban Treaty (CTBT) [text, PDF] on Friday. The CTBT bans the testing of nuclear weapons internationally, but it will not come into force until it is ratified by the US, Iran and six other countries. Iran has claimed that it is not developing nuclear weapons and is researching nuclear power as another energy option, whereas the US has a well-developed nuclear weapon program [Brookings Institute report]. Ban called on all nations to ratify the treaty and end research on nuclear weaposn:
So today I issue a challenge to all leaders of all countries that have not yet endorsed the CTBT: Visit the site of a nuclear test. Speak to the population exposed to the fallout. Then take action to prevent this from ever happening again. Today, on this fifteenth anniversary, we remember the victims. At the same time, we remember the hope in which the CTBT was conceived. The hope for a future where international peace and security do not depend on the mad doctrine of mutually assured destruction or hang on the thin thread of good luck. Nuclear disarmament and non-proliferation are not utopian ideals. They are critical to global peace and security. We have a legal and moral obligation to rid our world of nuclear tests and nuclear weapons. When we put an end to nuclear tests, we get closer to eliminating all nuclear weapons. A world free of nuclear weapons will be safer and more prosperous. Governments now spend vast sums of money to build and test arsenals of death. The world is over-armed and development is under-funded. It is time to reverse that equation.
After the speech, Ban spoke to reporters [AP report] about an International Atomic Energy Agency (IAEA) [official website] report [text, PDF] published in November that claimed there were activities in Iran that were "specific to nuclear weapons." Ban urged Iran to cooperate with international diplomacy efforts on its nuclear program.

There continues to be international debate over Iran's nuclear program and whether or not the nation is seeking a nuclear weapon. Earlier this month, the US began imposing strict sanctions on Iran because of its nuclear program. Iran claims that its nuclear rights are being taken away [JURIST reports], but there are those who argue the IAEA has a legal right to regulate nuclear weapons [JURIST op-ed]. There has also been a continued international response from the UN with new sanctions being imposed in June 2010 to increase the restrictions placed on Iran from the first set of sanctions in 2006 [JURIST reports].




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NJ Assembly votes to approve same-sex marriage
Sung Un Kim on February 17, 2012 11:45 AM ET

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[JURIST] The New Jersey State Assembly voted 42-33 on Thursday to legalize same-sex marriage [JURIST backgrounder]. Assembly Speaker Sheila Oliver [official website], who sponsored the bill, indicated [AP report] that she was proud the legislature was able to use the legislative process to represent all of the citizens of the state. The approved legislation [Marriage Equality and Religious Exemption Act, PDF] was forwarded to Governor Chris Christie [official website] on Friday morning. Christie has stated that he plans to veto the bill [WSJ report], believing the issue should be placed before the voters of the state in a referendum. Both chambers are currently lacking the two-thirds needed to overrule a veto. In order to override such a veto, 27 votes will be needed in the Senate and 54 votes in the Assembly.

Thursday's outcome was expected after the New Jersey Senate [official website] approved the bill [JURIST report] on Monday, in a vote of 24-16. Approval of the legislation marks a shift from the legislature's previous position concerning same-sex marriage. A similar bill was defeated [JURIST report] in the state Senate last year. In November, a lawsuit [JURIST report] was allowed to continue in New Jersey, which seeks declaratory and injunctive relief against the state's current civil union law as a contravention of both the Fourteenth Amendment [Cornell LII backgrounder] and the New Jersey State Constitution. On Monday, Washington became the eighth jurisdiction [JURIST report] in the US legalizing same-sex marriage.




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India Supreme Court hears arguments on legality of homosexuality
Michael Haggerson on February 17, 2012 11:35 AM ET

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[JURIST] The Indian Supreme Court [official website] is set to hear additional arguments on Friday in a case challenging a 2009 Delhi High Court ruling decriminalizing homosexual intercourse. Anti-gay activists argue that homosexual sex is banned under Section 377 of the Indian Penal Code [text] which criminalizes unnatural "carnal intercourse." In response, the court questioned [The Indian Express report] whether the law was ever intended to criminalize homosexuality because it does not specifically mention homosexuality. The court also pointed out that while homosexuality may be abnormal, that does not necessarily mean that it is unnatural. The court went on to state that the law must be viewed in the context of changing societal values [New Delhi Television report].

Homosexuality is an international issue that many countries struggle to deal with. Earlier this week, Amnesty International [advocacy website] condemned [JURIST report] the government of Uganda for shutting down a LGBT workshop and attempting to arrest the leader. Earlier this month, Uganda reintroduced legislation [JURIST report] that would criminalize certain homosexual activities, including dictating a life sentence for individuals who enter into a same-sex marriage. In June, UN Secretary General Ban Ki Moon [official profile] demanded [JURIST report] that African countries honor the Universal Declaration of Human Rights [text] by ending discrimination based on sexual orientation and gender identity. According to the International Lesbian, Gay, Bisexual, Trans and Intersex Association [advocacy website] State-Sponsored Homophobia report [text, PDF], 76 countries still criminalize same-sex relationships, and five enforce the death penalty against homosexuals.




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Ecuador journalist seeks asylum from libel suit
Michael Haggerson on February 17, 2012 10:49 AM ET

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[JURIST] Carlos Perez, one of four El Universo [official website, in Spanish] managers convicted of libel [JURIST report] against Ecuadorian President Rafael Correa [official website, in Spanish; BBC profile], was granted asylum by Panama on Thursday. El Universo is the second largest newspaper in Ecuador. Two of the four men, Cesar and Nicolas Perez, have already fled to Miami. The announcement that Carlos Perez had been granted asylum came shortly after [AFP report] Ecuador's highest court, the National Court of Justice, upheld the conviction against the four El Universo managers [press release, in Spanish]. The men were sentenced to three years in prison each and fined USD $40 million in total. Correa indicated that he was surprised that Panama granted the men asylum because, in his view, they were common criminals and not persecuted political activists. He also stated on Thursday that he was considering pardoning [LA Times report] the men. The El Universo officials stated that they will bring an appeal to the Inter-American Commission on Human Rights [official website] to fight the verdict.

Correa remains resolute that the media in Ecuador is corrupt and must be harnessed. In a statement [El Ciudadano, in Spanish], he called the suit one of his greatest legacies because now the Ecuadoran "corrupt press" know they cannot "damage the honor of a person." He also pointed to El Universo's willingness to apologize as a sign of their culpability: "[T]hey knew they had committed a crime, but pride prevented them, as required by the Constitution, to correct [their error]." El Universo, in fact, offered several times to retract the editorial, allow Correa to write his own correction and settle out-of-court, but Correa's lawyer refused their settlement offers. El Universo remains defiant. The newspaper's front page on the day of the verdict displayed a headline of "Condemned" followed by an Ayn Rand quotation: "When you see that men get richer by graft and pull than by work, and your laws don’t protect you against them, but protect them against you—when you see corruption being rewarded and honesty becoming a self-sacrifice—you may know that your society is doomed." El Universo's report [text, in Spanish] states they believe Ecuador's libel laws are in violation of the Inter-American Commission on Human Rights, for using criminal law to punish expressions against public officials. Correa has another suit pending against journalists Juan Carlos Calderon and Christian Zurita for their book Big Brother [Amazon profile], which claimed that Correa's brother had awarded millions of dollars of government contracts to businesses for his own profit. Human Rights Watch (HRW) [advocacy website] criticized Correa rallying against journalists earlier this year and pleaded with him to not prosecute journalists [report text].




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Federal court sentences attempted plane bomber to life imprisonment
Sung Un Kim on February 17, 2012 10:36 AM ET

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[JURIST] The US District Court for the Eastern District of Michigan [official website] on Thursday sentenced [DOJ news release] Umar Farouk Abdulmutallab [BBC profile; JURIST news archive] to life imprisonment for his attempted bombing on an American aircraft. The 25-year old Nigerian national, who has been linked to al Qaeda, unsuccessfully attempted to detonate an underwear bomb while on Northwest Airlines flight 253 from Amsterdam to Detroit on Christmas Day 2009. The bomb created a fire, but failed to explode, burning Abdulmutallab without causing fatalities to other passengers. During Abdulmutallab's sentence the presiding judge, Nancy G. Edmunds, stated that Abdulmutallab "has never expressed doubt or regret or remorse about his mission." He was sentenced on all 8 counts of indictment [text, PDF; JURIST report] including conspiracy to commit terrorism, attempted murder and attempted use of a weapon of mass destruction. Following Thursday's decision, the family of Abdulmutallab urged the court [statement, PDF] to reconsider the life sentence.

Abdulmutallab pleaded guilty [JURIST report] in October against the advice of his attorney, after initially entering not-guilty pleas [JURIST report] on all charges in 2010. In September of 2010, Abdulmutallab fired his lawyer [JURIST report] and decided to represent himself. The case was initiated by US authorities [JURIST report] on December 26, 2009. Following Abdulmutallab's attempted bombing, numerous additional safety measures were put in place in regards to US air travel. US President Barack Obama announced [JURIST report] in December of 2009 that officials would increase screening requirements as well as the number of air marshals aboard flights.




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