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Legal news from Monday, March 12, 2012 |
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UK court allows right to die case to proceed
Jamie Reese on March 12, 2012 2:32 PM ET

[JURIST] A UK High Court justice decided Monday to let a right to die case proceed, the first to be allowed in British court. Justice William Charles ruled [judgment, PDF] that a case brought by Tony Nicklinson, age 57, could proceed to hearing. Nicklinson is the victim of a paralyzing stroke and challenges the UK's definition of murder, seeking medical assistance in committing suicide. Nicklinson argues that British law hinders his rights [AP press release] to private and family life as established in the European Convention of Human Rights [text] for his decision is one of personal autonomy and dignity. The Ministry of Justice [official website] argued that granting Nicklinson's request would change the law on murder and that was the job of the Parliament [official website].
The right to die [JURIST news archive] has been a contentious issue around the world. The only European countries that allow euthanasia are Belgium, the Netherlands, Luxembourg and Switzerland. In 2011, an India high court ruled passive euthanasia was permitted [JURIST report] under certain circumstances, but rejected a petition for a mercy killing. In 2010, a German court ruled that removing a patient from life support is not a criminal offense [JURIST report] if the patient had previously given consent. In 2009, the Italian president refused to sign an Italian government decree [JURIST report] that would stop the euthanasia of comatose women because it would violate the separation of power overturning a previous court ruling. In 2006, a proposed bill that would legalize the option of assisted suicide in the UK was set aside by the House of Lords following opposition from the public and two physician groups [JURIST reports]. Also in 2006, the US Supreme Court upheld Oregon's Death with Dignity Act [JURIST report], the only American state law that allows physician assisted suicide.


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Federal appeals court overturns terrorist sentence
Jamie Davis on March 12, 2012 2:01 PM ET

[JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Monday overturned [opinion, PDF] the 22-year prison sentence for the "Millennium Bomber," Ahmed Rassam [PBS profile], imposed by the lower court after he was convicted by a jury of nine counts of criminal activity by plotting to bomb Los Angeles International Airport in 1999. The decision came after the US Department of Justice [official website] filed an appeal arguing that the sentence was "substantively unreasonable." The court reasoned that the 22-year sentence was too lenient and was based on findings of the lower court that were erroneous. The DOJ argued that, according to federal guidelines, a 65-year sentence would be appropriate based on the severity of the crimes. The appeals court remanded the case to the district court for re-sentencing.
Rassam's sentence was previously vacated and remanded [JURIST report] by the Ninth Circuit in 2010. The court found that the district court failed to properly consider the sentencing guidelines, which would have required a minimum prison sentence of 65 years. The court also ordered that a different judge be assigned to the case. The prosecution offered Ressam a reduced sentence in exchange for his cooperation against other terrorist suspects, but, over time, Ressam failed to properly cooperate with US government officials. In December 2008, the US District Court for the Western District of Washington re-issued a sentence [JURIST report] of 22 years in prison. In May 2008, the US Supreme Court voted 8-1 to uphold [JURIST report] Ressam's conviction. The court reversed the judgment [JURIST report] of the Ninth Circuit and ruled that Ressam could be convicted and sentenced under a law punishing the carrying of explosives while committing a felony even if the explosives were not related to the felony offense.


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DOJ objects to Texas voter ID law
Jamie Reese on March 12, 2012 1:41 PM ET

[JURIST] The US Department of Justice (DOJ) [official website] objected Monday to the recently passed Texas voter identification law [SB 14 materials]. In a letter [text] from Assistant Attorney General Thomas Perez, the DOJ claimed that the changes requiring voters to present a valid photo identification are unenforceable under Section 5 of the Voting Rights Act (VRA) [Cornell LII backgrounder] because it would adversely effect Hispanic voters. According to the letter, Hispanic voters encompass 21.8 percent of registered voters within the state and are more than twice as likely not to have valid photo identification than non-Hispanic registered voters. The DOJ recognized that the state had a legitimate purpose in preventing voter fraud and safeguarding voter confidence, but noted there is no evidence that these issues are not already addressed by existing legislation. In addition, the DOJ argued that the proposed legislation shows no evidence that the Texas legislature sought alternative means to combat the problem that would not have retrogressive effects. Finally, Perez wrote, "Because we conclude that the state has failed to meet its burden of demonstrating that the proposed law will not have a retrogressive effect, we do not make any determination as to whether the state has established that the proposed changes were adopted with no discriminatory purpose." The State of Texas may request that the attorney general reconsider this objection or may seek a declaratory judgment from the US District Court for the District of Columbia [official website] that the legislation does not have a discriminatory purpose or effect.
There are now 31 US states [NCSL backgrounder] that require voters to present some form of ID at the poll, including 15 states that require photo ID, but the issue remains controversial. In February South Carolina Attorney General Alan Wilson filed suit against the DOJ over its ruling that barred South Carolina [JURIST reports] from enforcing its voter ID law. Last year Missouri's Governor vetoed a proposed photo ID law, and the Georgia Supreme Court upheld a law [JURIST reports] requiring one of six government-issued photo IDs. In 2010, 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. Last month, Texas also issued new voting maps [JURIST report] for use in the 2012 elections after an "interim map" was challenged before the Supreme Court [official website], which heard arguments [JURIST report] in January. The Obama administration urged the Supreme Court to reject the interim maps [JURIST report].


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Switzerland referendum supports law regulating public protests
Andrea Bottorff on March 12, 2012 11:20 AM ET

[JURIST] Swiss voters in a referendum on Sunday supported proposed changes to a Swiss law that imposes heavy fines for people who protest without prior governmental authorization. About 55 percent of voters [Expatica report] in Geneva agreed to allow the government to impose a fine of 100,000 Swiss Francs, or approximately USD $110,000, on anyone who protests without first obtaining authorization from the Swiss government or fails to comply with police injunctions. The UN, which is based in Geneva, opposes the law. Last week, 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 [JURIST report] on those rights. Kiai also 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." Supporters of the law argue that the stricter rules will help prevent violent protests [AFP report] in the city.
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 condemning Syria [JURIST report] 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.


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Support JURIST - 2012 fundraising drive is underway!
Matthew Shames on March 12, 2012 11:11 AM ET

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Belgium urges ICJ to order Senegal to prosecute or extradite Chad ex-president Habre
Sarah Posner on March 12, 2012 10:43 AM ET

[JURIST] Lawyers for the Belgian government on Monday urged [hearing materials] the International Court of Justice (ICJ) [official website] to order Senegal to either prosecute former president of Chad Hissene Habre [BBC profile; JURIST news archive] or extradite him to stand trial for atrocities committed during his eight years in power. Habre served as president of Chad from 1982 to 1990 and has been residing in Senegal since rebels ousted him from power in 1990. Belgium alleges [AP report] that, during that time, Habre was involved in the murder or torture [JURIST report] of more than 40,000 political opponents. When he was ousted in 1990, he sought refuge in Senegal where he has resided ever since. Belgium indicted Habre in 2005 for crimes against humanity, war crimes and torture but has been unable to extradite him to Brussels to stand trial despite repeated requests to Senegalese authorities. Senegal placed Habre under arrest in 2005 after he was charged by Belgium.
Senegal has been under pressure to send Habre to a country where he will face trial for his alleged war crimes committed during his rule of Chad. In January, a court in Senegal rejected a Belgian court's request to extradite Habre, the former president of Chad, on accusations that he killed and tortured opponents during his regime. In July of last year, Senegal reversed [JURIST report] its decision to send the former dictator back to Chad after UN High Commissioner for Human Rights Navi Pillay warned he could be tortured. The decision came after Pillay issued a plea [JURIST report] not to return Habre to Chad, which has already sentenced him to death in absentia and where she fears he will be tortured.


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Rights group to sue UK for role in drone strikes against Pakistan
Sarah Posner on March 12, 2012 9:42 AM ET

[JURIST] A UK human rights group and law firm announced Monday that they will bring legal proceedings [press release] against the British government for sharing intelligence with the US to assist in drone strikes [JURIST news archive] against Pakistan. The London charity Reprieve [advocacy website] and Leigh Day & Co [firm website] will sue Foreign Secretary William Hague at the High Court in London on behalf of Noor Khan [BBC report] whose father was killed in a US drone strike on Pakistan. The accusing parties claim that Britain's electronic listening agency, GCHQ, may face liability for secondary murder [AP report] by assisting the Central Intelligence Agency (CIA) [official website] in the drone attacks which killed more than 40 people. Leigh Day & Co stated:Evidence suggests that drone strikes in Pakistan are being carried out in violation of international humanitarian law, because the individuals who are being targeted are not directly participating in hostilities and/or because the force used is neither necessary nor proportionate. This suggests that there is also a significant risk that GCHQ officers may be guilty of conduct ancillary to crimes against humanity and/or war crimes, both of which are statutory offences under the International Criminal Court Act 2001. UK officials have not commented publicly about the drone attacks in Pakistan.
US targeted strikes on al Qaeda and other terrorist operatives outside Afghanistan and the border regions of Pakistan have triggered extensive debate [JURIST op-ed] about the lawfulness of such strikes, the strategic effectiveness of drone strikes, the political and diplomatic ramifications, and other questions. In December, as part of its protest, Pakistan has demanded that the US vacate the Shamsi Air Base [JURIST op-ed] within 15 days. It is widely believed that the Shamsi base has been regularly used by the US for drone and associated surveillance flights. In July three Pakistani men filed a complaint [JURIST report] seeking to arrest former CIA legal counsel for authorizing unmanned predator drone strikes. The Obama administration has defended [JURIST report] its use of targeted killings, specifically those made by unmanned predator drone strikes.


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Ethiopia NGO law undermining human rights: AI
Andrea Bottorff on March 12, 2012 9:21 AM ET

[JURIST] A 2009 Ethiopian law regulating non-governmental organizations (NGOs) is sabotaging charity work and undermining human rights in the country, Amnesty International (AI) [advocacy website] reported [text, PDF] Monday. Ethiopia's Charities and Societies Proclamation (CSP) [text] blocks Ethiopian NGOs from accepting more than 10 percent of their funding from foreign sources and gives the government authority to appoint NGO leadership positions. The law also imposes strict and unregulated criminal and administrative penalties for violations. The report criticized the law and its effect on human rights in the county:In restricting human rights organizations from doing their legitimate and essential work, the law has significantly affected the promotion and protection of the rights of the Ethiopian people. Civil society organizations are essential to upholding human rights, equality and justice at all levels of society, and to holding governments to account for their performance and adherence to national and international human rights commitments. A government spokesman, Bereket Simon, said that AI's accusations are unfounded [AFP report] and that the law serves the interests of both NGOs and citizens. AI and Human Rights Watch (HRW) [advocacy website] previously issued reports that criticized the law [JURIST reports] shortly after it was proposed in 2008.
AI claims that the CSP and other regulations such as the Anti-Terrorism Proclamation [text] and the Mass Media Proclamation [text], allow the Ethiopian government to limit freedom of speech and commit human rights violations [AI press release]. In January, the Ethiopian Federal High Court [official website, in Amharic] convicted [JURIST report] three Ethiopian journalists, a political opposition leader and a politician's assistant for conspiring to commit acts of terrorism in violation of the country's Anti-Terrorism Proclamation. HRW reported that the defendants had no access to legal counsel during their three months in pretrial detention and that the court did not investigate allegations of torture and mistreatment while in detention. Under the anti-terrorism law, conspiracy to commit terrorist acts carries a sentence of 15 years to life imprisonment or death. Last year, JURIST guest columnist and former executive director Abigail Salisbury argued that the Ethiopian government is using these regulatory laws to suppress journalists and opposition groups to maintain its hold on power [JURIST op-ed].


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