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Legal news from Thursday, March 15, 2012 |
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UN joins regional experts in urging countries to stop reprisals against rights defenders
Brandon Gatto on March 15, 2012 1:53 PM ET

[JURIST] The UN Special Rapporteur on the situation of human rights defenders on Wednesday joined special rapporteurs from the African Commission on Human and Peoples' Rights (ACHPR) and the Inter-American Commission on Human Rights (IACHR) [official websites] in urging governments around the world to stop reprisals against individuals and groups seeking to cooperate with UN and regional human rights mechanisms. In a statement, UN special rapporteur Margaret Sekaggya [CV, PDF], along with rapporteurs Reine Alapini-Gansou [official profile] and Jose de Jesus Orozco Henriquez [official profile], claimed [press release] that such government reprisals occur in various forms, and that enhanced monitoring of these situations can help safeguard the collaboration between civil society and international human rights mechanisms that is necessary to respect UN, ACHRP, and IACHR rules that prohibit reprisals by States and non-State actors. Read the statement:These reprisals against individuals and/or groups engaging directly with the UN, the ACHPR and the IACHR, or otherwise providing information on particular countries human rights situations, take the form of smear campaigns, harassment, intimidation, direct threats, physical attacks and killings.
Such steps towards full accountability for reprisals are an important preventive measure that should be combined with those that facilitate, rather than deter, civil society's safe and unimpeded access to the UN and the regional human rights institutions. The rapporteurs also expressed their support for the recent initiative by UN Human Rights Council [official website] President Laura Dupuy Lasserre [official profile], who called on governments to put an end to harassment and intimidation of individuals and groups attending the ongoing session of the Human Rights Council in Geneva, Switzerland.
Sekkagya reported [press release] in October that human rights defenders are still being harassed [JURIST report], attacked and killed despite the international declaration adopted for their protection more than a decade ago. In her fourth report [text, PDF] on the right to defend human rights, issued in December 2011, the UN rapporteur stressed that implementing the 1998 UN Declaration on Human Rights Defenders [text, PDF] is essential to allowing the defenders to carry out their work, and that failing to implement these international standards creates an undermined, ineffective process. Protection of human rights remains a central concern for the UN, as rights groups and individual activists across the globe remain subject to ongoing violence, harassment, and arrest.


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Virginia Tech found negligent for 2007 shooting response
Katherine Getty on March 15, 2012 12:51 PM ET

[JURIST] A jury found Virginia Tech University [university website] guilty of negligence on Wednesday for failing to warn students of a gunman on the loose. The verdict comes in a case brought by the parents of two female students who were shot by Seung-Hui Cho [BBC profile] in the 2007 massacre [JURIST news archive]. The parents alleged that their daughters' lives could have been spared [Reuters report] had the University Police not jumped to conclusions about Cho's motivations after the bodies of his first victims were found. The police believed those shootings were the result of a jealous boyfriend and failed to notify students of a gunman on the loose. When they finally did, it was too late and Cho had begun the second phase of his killing-spree that left 32 victims and the gunman dead. The state of Virginia, as well as Virginia Tech officials, have always claimed that they did everything they could, and, based upon the evidence, it was reasonable to conclude that the first incident was isolated. The jury did not agree [AP report] with that defense and awarded the families of Julia Pryde and Erin Peterson $4 million each. That number is expected to drop, because the state of Virginia has a law that caps such awards at $100,000. The lawsuit was initially held up [JURIST report] as the defense asserted an immunity claim that was overruled in November 2010. In 2009 the families of all of the victims were awarded an $11 million settlement, but the Pryde and Peterson families chose to opt out [JURIST report] and pursue their wrongful death action. The state is expected to appeal [AP report] the decision in the next few days.
Virginia Tech has faced several lawsuits over the shooting incident. In June 2008 24 of the 32 victims' families agreed to the $11 million dollar settlement [JURIST report]. The settlement gave each family $100,000 plus medical expenses and provided for meetings with Virginia Governor Tim Kaine and Virginia Tech administration and police officials. Many of the families had considered wrongful death and personal injury lawsuits against the state of Virginia after an independent state panel reported that different school policies could have avoided some of the deaths, but the settlement terms required the families to release their claims. In December 2007 Congress passed by voice vote an act that closes a loophole [JURIST reports] that allowed Cho to purchase firearms despite a court order mandating psychiatric treatment. The Virginia Tech shootings left 33 people dead and 25 wounded in the deadliest shooting incident in US history [WP backgrounder].


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US lawmakers introduce resolution aimed at protecting Uganda
Jennie Ryan on March 15, 2012 10:55 AM ET

[JURIST] Two members of the US House of Representatives [official website] introduced legislation [HR 583 text] on Thursday aimed at protecting Ugandan citizens from the Lord's Resistance Army (LRA) [BBC backgrounder] led by alleged Ugandan war criminal Joseph Kony [BBC profile; JURIST news archive]. The legislation calls for the expansion of the telecommunications infrastructure in Uganda, as well as an increase in the presence of military forces in the region. House members Jim McGovern (D) and Ed Royce (R) [official websites] introduced the bipartisan legislation after the Kony 2012 campaign initiative, a viral video by Invisible Children [advocacy website] that calls for an international effort to arrest Kony, sparked international interest in Kony's apprehension. Last year, McGovern and Royce introduced the Lord's Resistance Army Disarmament and Northern Uganda Recovery Act [text] which made it the official policy of the US to stop Kony and his commanders. That legislation was signed into law last year and resulted in the deployment of a small group of military advisers to the region to assist in finding Kony.
The Kony 2012 campaign has renewed interest in the search for the alleged Ugandan war criminal. Last week, International Criminal Court (ICC) [official website] chief prosecutor Luis Moreno-Ocampo [official profile] expressed his support [JURIST report] for the campaign by Invisible Children to capture Kony. The ICC issued an arrest warrant [text, PDF] against Kony in 2005 on 33 counts of war crimes and crimes against humanity including murder, sexual enslavement, rape and abduction. In 2009, ICC stated that it is still seeking to arrest Kony [JURIST report]. He has denied the allegations [JURIST report] against him. Despite ICC's calling for global cooperation [JURIST report] after issuing the warrant to arrest Kony, he has remained at large.


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Ninth Circuit denies endangered species protection to gray wolf
Keith Herting on March 15, 2012 10:40 AM ET

[JURIST] The US Court of Appeals for the Ninth Circuit [official website] rejected [opinion text, PDF] a law suit on Wednesday brought by conservation groups trying to preserve federal endangered species protections for wolves. The groups were trying to preserve the protected status of the Northern Rocky Mountain gray wolf following an amendment to the Endangered Species Act (ESA) [materials] which removed the wolf from the list. The plaintiffs claimed that the amendment was an unconstitutional violation of the separation of powers doctrine. This ruling gives approval to wolf hunts currently underway in Idaho and Montana [materials]. Following the ruling, wolf expert Michael Robinson from the Center for Biological Diversity [official website] condemned the ruling [press release]: Congress set a terrible precedent by passing this backdoor rider that took away protection from wolves. Scientists, not politicians, need to decide which species need protection. That’s the law. And that’s what makes sense if we’re going to save animals and plants from extinction. We will continue to fight the good fight on behalf of wolves across the country. These incredible animals deserve a shot at recovery beyond just the few pockets where they eke out a living today. Jay Tutchton, a lawyer for one of the conservation groups involved in the lawsuit, WildEarth Guardians [advocacy website], indicated that the plaintiffs may still chose to appeal the decision to the Supreme Court, though they are more likely to campaign to Congress to get the wolves re-listed.
Three environmental groups filed an emergency motion [JURIST report] with the Ninth Circuit court in August requesting that the court halt the wolf hunt. However, the US Fish and Wildlife Services [official website] gave control of the wolf population only to state governments in Montana and Idaho, restricting the wolves in Wyoming under Federal guidelines. Days earlier, a judge for the US District Court for the District of Montana [official website] ruled [order, PDF] that Congress' removal of the gray wolf from the ESA, not through amending it but through attaching a "wolf rider" to an appropriations bill, was legal [JURIST report]. In August 2010, Judge Malloy ruled that it was improper to remove restrictions in one jurisdiction and not another, and put the wolves back on the ESA entirely. In response, the "wolf rider" was attached to the Department of Defense and Full-Year Continuing Appropriation Act of 2011 [materials] bill by Idaho Republican Rep. Mike Simpson [official website] and Montana Democratic Sen. Jon Tester [official website], opening the door to these hunts. Controversy began over the Northern Rocky Mountain gray wolf in 2009 when Fish and Wildlife Services removed [federal registrar notice, PDF] them from the ESA, after a controversial Interior Department memo was published that several animals should be taken off the list despite their numbers not being at a sustainable level.


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US rights group sues evangelical leader for aiding Uganda anti-gay movement
Julia Zebley on March 15, 2012 8:29 AM ET

[JURIST] The Center for Constitutional Rights (CCR) [advocacy website] on Wednesday filed a lawsuit [complaint, PDF; case website] against Scott Lively, a US pastor with Abiding Truth Ministries [advocacy website], for enabling the anti-gay movement in Uganda [BBC backgrounder]. The suit, filed in the US District Court for the District of Massachusetts [official website] on behalf of the Ugandan rights group Sexual Minorities Uganda (SMUG) [advocacy website], is the first to allege lesbian, gay, bisexual, transgender and intersex (LGBTI) harassment as a violation of the Alien Tort Statute [text], which allows survivors of human rights abuses to file suit against American citizens who perpetrated them in violation of US treaties. CCR and SMUG charge that Lively aided in drafting and publicizing the Uganda Anti-Homosexuality Bill [text, PDF], colloquially known as the "kill the gays bill," which aims to sentence open homosexuals to life in prison or the death penalty. The complaint alleges that generally, Lively's goals have been to perpetuate abuse against the LGBTI community:In large part due to defendant Lively's contributions to the conspiracy to persecute LGBTI persons in Uganda, plaintiff SMUG, as an entity, as well as its individual staff-members and member organizations, have suffered severe deptivations of fundamental rights. Their very existence has been demonized through a coordinated campaign, which Lively has largely initiated, instigated and directed, to attribute to the "genocidal" "gay movement" an irrepressible predilection to commit rape and child sexual abuse. ... [T]hey have endured severe discrimination in virtually every meaningful aspect of their civil and political lives; their association has been criminalized; their advocacy on issues central to their health and political participating has been suppressed and punished; and they have been subjected to cruel, inhuman and degrading treatment. As a result, many individual members of SMUG and its constituent organizations live in persistent fear of harassment, arbitrary arrest and physical harm, including death. The complaint also alleges collusion with Ugandan Minister of Ethics and Integrity James Buturo and Member of Parliament David Bahati. After the suit was announced, protests began [MassLive report] both supporting and against Lively. Lively stated he will defend against the suit [press release].
Uganda's growing anti-LGBTI actions have been internationally scrutinized since the murder of prominent gay rights activist David Kato [BBC report] last January. Kato was the advocacy officer of SMUG. In November, the Ugandan High Court sentenced a man to 30 years in prison [JURIST report] for Kato's murder. Amnesty International (AI) [advocacy website] released a statement last month condemning the recent anti-gay actions [JURIST report] by the government. Minister for Ethics and Integrity Simon Lokodo shut down an LGBT workshop that month by advocacy group Freedom and Roam, declaring it illegal and trying to arrest the leader. That incident occurred shortly after the Parliament of Uganda [official website] brought back the aforementioned anti-gay bill [JURIST report]. In February 2010, US President Barack Obama and Secretary of State Hillary Clinton publicly denounced the proposed legislation and the month before, UN High Commissioner for Human Rights Navi Pillay warned that it could harm Uganda's reputation [JURIST reports] internationally.


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Pennsylvania governor signs voter ID law
Julia Zebley on March 15, 2012 7:56 AM ET

[JURIST] Pennsylvania Governor Tom Corbett [official website] signed [press release, PDF] a bill [HB 943 materials] Wednesday to require photo identification from voters in the upcoming November election. The bill was passed earlier Wednesday in the House of Representatives [official website] by a vote of 104-88. Supporters of the proposed legislation say that it will combat voter fraud, but opponents fear that it will disenfranchise poor, elderly and minority voters who may find it difficult to obtain a photo ID. Unlike the current trend of voter ID laws, however, Pennsylvania's allows voters to vote without an ID as long as they verify their identity within six days of voting. Absentee ballots will also only require identification by Social Security number. On the passage of the bill, Corbett said, "I am signing this bill because it protects a sacred principle, one shared by every citizen of this nation. That principle is: one person, one vote. It sets a simple and clear standard to protect the integrity of our elections." The American Civil Liberties Union of Pennsylvania [advocacy website] is preparing a legal challenge [press release].
There are now 32 US states [NCSL backgrounder] that require voters to present some form of ID at the polls, but the issue remains controversial. Earlier this week a Wisconsin judge permanently enjoined [JURIST report] that state's voter ID law. Last month the Virginia Senate approved a voter ID law [JURIST report]. Also in February South Carolina Attorney General Alan Wilson filed suit against the US Department of Justice (DOJ) over its ruling that barred South Carolina [JURIST reports] from enforcing its voter ID law. In November Mississippi voters approved a ballot measure [JURIST report] to implement a voter ID law. In June Missouri Governor Jay Nixon [official website] vetoed [JURIST report] a law requiring persons to present photo ID at voting booth. Last March the Georgia Supreme Court [official website] upheld [JURIST report] a law requiring voters to present one of six government-issued photo IDs 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.


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