JURIST - Paper Chase: Saturday, March 10, 2012

[JURIST] An independent UN expert announced [press release] on Friday that proposed changes to a Swiss law that imposes heavy fines for people who protest without prior governmental authorization would "unduly restrict the rights to freedom of peaceful assembly and expression." Maina Kiai [official profile], the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, stated that the rights to speak freely and peaceably assemble are cornerstones of democracy, and that the proposed changes would unduly infringe upon those rights. Kiai expressed particular disdain for the provision that would impose a fine of 100,000 Swiss Francs, or approximately $110,000, on anyone who protests without first obtaining authorization from the Swiss government or fails to comply with police injunctions. Kiai said the fines were excessive and would "have a chilling effect on the enjoyment of the rights to freedom of peaceful assembly and of expression." Kiai also expressed his disappointment with the Swiss government, who had previously championed many peaceful assembly initiatives:

The exercise of fundamental freedoms should not be subject to a previous authorization by the authorities. ... The State has the prime responsibility to protect peaceful assemblies, and cannot circumvent its duty by forcing organizers to provide security personnel. ... Switzerland is leading important initiatives with respect to the promotion and protection of the right to freedom of peaceful assembly. The proposed changes to the law on demonstrations in the canton of Geneva are not in consonance with these positive efforts.

The proposed changes in Swiss law will be put to a referendum on Sunday.

The UN, as well as human rights groups, have criticized nations' recent crackdowns on peaceful assembly. In December, a group of UN human rights experts denounced a Malaysian law [JURIST report] that limits citizens' freedom to protest. In November, the UN issued a report [JURIST report] condemning Syria for violating a myriad of human rights, including the right to peacefully assemble. Earlier in November, UN Secretary-General Ban Ki-Moon [official profile] urged Egyptian officials to protect the right to assemble [JURIST report]. That same month, Amnesty International (AI) [advocacy website] accused the Ugandan government [JURIST report] of infringing on citizens' freedom of speech and assembly rights.

[JURIST] A Wisconsin circuit court judge will rule on Monday whether to issue a permanent injunction to block Wisconsin's voter identification law, Wisconsin Act 23 [text, PDF]. Dane County Circuit Court [official website] Judge Richard Niess's ruling will come on the heels of another judge's issuance of a temporary injunction [JURIST report] of Wisconsin's voter identification law last Tuesday in the same court. On Tuesday, Judge David Flanagan blocked enforcement of the law, saying that it was more restrictive than voter identification laws that have been upheld in other states. Wisconsin Assistant Attorney General Carrie Benedon defended the state's voter identification law [Wisconsin State Journal report], saying that the law was necessary to prevent voter fraud. Lester Pines, an attorney challenging the voter identification law, stated that regardless of Judge Niess's decision on Monday, Wisconsin appellate courts will have the final say in the matter.

Wisconsin's voter ID law has been subject to numerous legal challenges. In December, the American Civil Liberties Union (ACLU), the ACLU of Wisconsin and the National Law Center on Homelessness & Poverty [advocacy websites] filed a federal lawsuit [JURIST report] challenging the Wisconsin law. Lawsuits have also been filed by the Advancement Project and the League of Women Voters [JURIST reports]. There are now 31 US states [NCSL backgrounder] that require voters to present some form of ID at the polls, including 15 states that require photo ID, but the issue remains controversial. In August, South Carolina's Senate Minority Caucus filed an objection [JURIST report] with the US Department of Justice (DOJ) [official website], asking it to reject the state's new voter identification law. In June, Missouri Governor Jay Nixon [official website] vetoed [JURIST report] a law requiring persons to present photo identification at voting booths. Last March, the Georgia Supreme Court [official website] upheld [JURIST report] a law requiring voters to present one of six government-issued photo identifications in order to vote. In contrast, a three-judge panel for the US Court of Appeals for the Ninth Circuit [official website] struck down [JURIST report] a portion of Arizona law requiring proof of citizenship for voter registration in October 2010.

[JURIST] Five detainees at the Guantanamo Bay [JURIST backgrounder] detention facility agreed to be transferred to Qatar, a spokesperson for Afghan President Hamid Karzai [official profile; JURIST news archive] announced Saturday. The detainees, who are associated with the Taliban [CFR backgrounder] and have been held at the prison for over ten years, are among the most dangerous [Reuters report] and "high risk" prisoners, according to US officials. Afghan authorities visited the prison this week to obtain consent from the prisoners to transfer. Efforts to transfer the Guantanamo prisoners are part of an overarching plan initiated by the Obama administration to peacefully negotiate with the Afghan government and Taliban leadership.

Afghanistan authorities have been critical of US-run military prisons. In January, an investigative commission in Afghanistan issued a statement announcing allegations of abuse of prisoners [JURIST report] held by the US military at prisons in their country. The commission called for the transfer of all prisoners held by the US military to Afghan custody. Karzai created the commission [JURIST report] in June 2010. Afghan prisons have also come under fire in recent months. The UN Assistance Mission in Afghanistan (UNAMA) [official website] reported in October that prisoners in some Afghan-run detention facilities have been beaten and tortured [JURIST report]. Human Rights Watch (HRW) [advocacy website] reported in September that the Afghan Local Police (ALP) force is committing serious abuses [JURIST report], and the Afghan government is doing little to hold the officials accountable.