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Legal news from Friday, March 23, 2012




Holder expands use of data in terrorism investigations
Jerry Votava on March 23, 2012 4:07 PM ET

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[JURIST] US Attorney General Eric Holder [official profile] signed new guidelines [text] on Thursday for the use of information not related to terrorism activities by the National Counterterrorism Center (NCTC) [official website]. The NCTC is permitted to gather data on American citizens to search for "terrorism information" which it can keep permanently. One of the significant provisions of the new guidelines expand the time limit that the NCTC may hold "non-terrorism information" from 180 days to five years. The American Civil Liberties Union (ACLU) [advocacy website] renounced the guidelines, and said [statement]:
The decades-old rules limiting the collection and retention of US citizen and resident information by the intelligence community and the military existed for a very good reason: to ensure that the powerful tools designed to protect us from foreign enemies are not turned against Americans. Authorizing the "temporary" retention of non-terrorism related citizen and resident information for five years essentially removes the restraint against wholesale collection of our personal information by the government, and puts all Americans at risk of unjustified scrutiny.
The ACLU pointed out that this expansion appears to be similar to the Total Information Awareness [JURIST news archive] project planned and abandoned under then-president George W. Bush in 2003.

In September the ACLU released a report [JURIST report] claiming that the US has been diminishing its "core values" with regard to various counterterrorism measures put in place during the 10 years since the 9/11 attacks [JURIST backgrounder]. One practice that the ACLU report criticized was the government's practice of using cell phone location data to track individuals suspected of terroristic or criminal acts. The ACLU is currently involved in litigation and investigations pertaining to requests for information filed under the Freedom of Information Act (FOIA) [text] regarding the Department of Justice's (DOJ) [official website] use of this practice. The ACLU also supports the Geolocation Privacy and Surveillance Act [materials], introduced to Congress in June of 2011, which would require government agencies to obtain a probable cause warrant before seeking location data. In March 2010, Germany's Federal Constitutional Court [official website, in German] overturned [JURIST report] a law requiring telecommunications providers to store information on telephone calls, e-mails, and Internet use for six months for use in possible terrorism investigations, citing privacy issues.




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US soldier charged with 17 counts of murder in Afghan civilian shootings
Jaimie Cremeans on March 23, 2012 3:37 PM ET

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[JURIST] US Army Sgt. Robert Bales was charged with 17 counts of murder Friday for the alleged shooting of Afghan civilians, including women and children, in a Kandahar village almost two weeks ago. He will also be charged with six counts of attempted murder and six counts of aggravated assault. Bales allegedly went on a shooting rampage [JURIST report] in the village and, afterward, returned to his base and turned himself in. It was originally reported that 16 were killed, but there have now been 17 confirmed deaths from the incident. After the shooting, the Afghanistan parliament [official website] demanded that the soldier be given a trial in Afghanistan. The US Department of Defense, however, said that the US military would investigate [press release] and hold the responsible soldier accountable.

Bales will not be the first US soldier prosecuted in relation to deaths of civilians in Afghanistan. In February, the US Army dropped charges against Army Specialist Michael Wagnon, the last of five soldiers to be charged in connection with the killing of three Afghan civilians. In November, US Sgt. Calvin Gibbs was convicted on 15 charges [JURIST report] of murder, assault and conspiracy in the same case. Before Gibbs was convicted, in March of last year, Army Specialist Jeremy Morlock admitted to three counts of murder [JURIST report] as part of a plot with him and other soldiers to kill Afghan civilians.




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FDA ordered to continue proceedings that could ban antibiotics from livestock feed
Jerry Votava on March 23, 2012 3:05 PM ET

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[JURIST] The US District Court for the Southern District of New York [official website] issued an order [text, PDF] to the Food and Drug Administration (FDA) [official website] on Thursday requiring the agency to initiate withdrawal proceedings that could lead to the removal of broad spectrum antibiotics from agricultural livestock feed. In 1977 the FDA released a notice that it would hold hearings to potentially ban the use of penicillin and tetracycline, but actually held none over the past 35 years. The federal court order compels the FDA to reissue the notice of proceedings and accept hearing requests from any drug sponsor that raises a genuine issue of fact. However, if the companies are unable to demonstrate that the antibiotics are safe, the FDA must issue an order prohibiting the drug's inclusion in agricultural livestock feed. The FDA had argued that its current regulatory strategies were sufficient and that the proceedings were no longer needed.

Antibiotics are typically used in bulk in livestock feed to promote healthy and robust animals. The primary concern of this practice is that the antibiotics were passed to humans, where there has been evidence presented by the FDA of increased disease resistance to the antibiotics. The FDA has previously banned [agency backgrounder] the use of other antibiotics, cephalosporins and fluoroquinolones, from agricultural livestock feed.




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Nigeria villages sue Shell in UK court over oil spills
Matthew Pomy on March 23, 2012 1:38 PM ET

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[JURIST] Thirty-five Nigerian villages brought a suit against Shell [corporate website] Friday in a London court alleging Shell's slow response in cleaning up two oil spills in a neighboring river ruined their livelihoods. The lawsuit [Reuters report] claims Shell is responsible for unspecified damages suffered by the villages which rely on the river for drinking water and farming. The lawsuit comes in response to two spills in 2008. Representatives for Shell claim that the continued contamination is due to theft and sabotage by locals and that Shell's clean-up process was successful in 2009. However, the villages claim that continued contamination is due to the inadequate clean-up process in relation to how much oil was actually spilt, which is about 600,000 barrels according to the tribes.

A similar lawsuit over water contamination has been filed in the US [JURIST report]. The US Supreme Court [official website] granted certiorari in two cases last October to determine whether political organizations and oil companies, including Royal Dutch Shell, are immune from US lawsuits [JURIST report] under the Alien Tort Statute (ATS). The plaintiffs in both cases allege human rights violations against an entity other than an individual person and the circuit courts have reached conflicting decisions with respect to interpretations of the ATS. The Supreme Court's decision will likely have an impact on the outcome of the Nigerian villagers' lawsuit. This case in not the first time Shell has faced legal action in Nigeria, however. A $15.5 million settlement [JURIST report] was reached in June 2009 between Royal Dutch Shell and the families of nine Nigerian activists who were killed in 1995. In 2006, a Nigerian court ordered Shell to pay [JURIST report] $1.5 billion for its role in environmental damages that took place within the country.




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UN rights chief warns Sri Lanka against retribution following controversial resolution
Matthew Pomy on March 23, 2012 12:21 PM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] expressed concern Friday over the harassment of Sri Lankan rights activists [press release] following the adoption of a UN resolution [JURIST report] regarding the investigation of war crimes committed during the country's recent conflict with its separatist Tamil Tiger rebels. The UN Human Rights Council [official website] adopted the resolution on Thursday urging Sri Lanka to probe war crimes, to implement the recommendations of a domestic inquiry into the war [report, PDF] and to seek UN help for reconciliation efforts with its minority ethnic Tamil community. The resolution, which was sponsored by the US and supported by India, was then rejected by Sri Lanka [AFP report] amid significant criticism from the Sri Lankan media, including news reports showing the names and faces of activists. Regardless of the rejection, Pillay called for an end to activist vilification and warned that threats of violence against activists must cease. The anger over the passage of the resolution follows weeks of anti-US and pro-government demonstrations in the nation's capital city of Colombo.

The Sri Lankan government has faced various allegations of human rights violations and war crimes by civil rights organizations and the UN since the end of its civil war in 2009. A report released earlier this month detailed how current government policies may make it difficult to maintain peace [JURIST report] with minority groups. Amnesty International (AI) [advocacy website] released a report the same week [JURIST report] alleging unlawful detentions and torture. In November, the Sri Lankan government was subjected to criticism [JURIST report] for its failure to investigate issues of torture and past human rights violations, and its failure to enforce laws against continued torture and ill-treatment by government officials against civilians. UN Secretary-General Ban Ki-Moon [official profile] in September sent a report to the UNHRC accusing Sri Lankan troops of killing tens of thousands of civilians [JURIST report] during clashes with the LTTE.




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Federal judge rejects Stanford's motion for new trial
Sung Un Kim on March 23, 2012 11:08 AM ET

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[JURIST] A judge for the US District Court for the Southern District of Texas [official website] on Thursday rejected [order] the motion for new trial [text, PDF] filed by Allen Stanford [BBC profile; JURIST news archive]. Judge David Hittner did not provide any reason for his ruling. The order came just one day after Stanford's lawyers argued that their client was deprived of his Sixth Amendment rights to a fair trial. Stanford's lawyers argued that the Houston community was prejudiced due to the publicity of his case via newspapers such as the Houston Chronicle and Wall Street Journal as well as Internet-based social media networks including Twitter, which affected the jurors to the detriment of their client. In addition, the lawyers argued that they were not given adequate time to review evidence to prepare defense.

On Wednesday the US Court of Appeals for the Fifth Circuit [official website] ruled [JURIST report] that the victims of Stanford's $7 million Ponzi scheme would be allowed to pursue a class action. Earlier this month Stanford was convicted [JURIST report] of defrauding victims in the US and Latin America. He was convicted on 13 of 14 charges, including conspiracy to commit wire or mail fraud, conspiracy to obstruct a Securities and Exchange Commission (SEC) [official website] investigation, obstruction of an SEC investigation and conspiracy to commit money laundering in addition to five counts of wire fraud and five counts of mail fraud. He was acquitted on one charge of wire fraud. He may face 20 years of imprisonment. The trial against Stanford began in January after a judge ruled that he was competent to stand trial, overruling a previous ruling [JURIST reports] to the contrary. In February 2011 Stanford accused [JURIST report] several federal agents of having deprived his constitutional rights by using abusive law-enforcement methods. Stanford was first indicted [JURIST report] in 2009.




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Wisconsin DOJ appeals injunction on new voter ID law
Sung Un Kim on March 23, 2012 10:29 AM ET

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[JURIST] The Wisconsin Department of Justice (DOJ) [official website] on Thursday appealed two decisions by the Dane County Circuit Court [official website] blocking Wisconsin's new voter identification law [Wisconsin Act 23]. The DOJ filed on behalf of the defendants in NAACP v. Walker and League of Women Voters v. Walker [opinions, PDF]. Judge Richard Neiss refused to lift [JURIST report] the injunction on Tuesday after the DOJ requested that the law be enforced while an appeal is pending. Neiss previously held [JURIST report] that the new law is unconstitutional because it impermissibly eliminates the right of suffrage for constitutionally qualified voters. This holding followed a temporary injunction [JURIST report] of the Wisconsin law by Circuit Court Judge David Flanagan who said that the law was more restrictive than similar laws that have been upheld in other states.

Since Wisconsin's voter ID [JURIST news archives] law was first introduced, there have been four challenges to it, with Thursday's appeal focusing on two of them. The American Civil Liberties Union (ACLU), the ACLU of Wisconsin and the National Law Center on Homelessness & Poverty [advocacy websites] filed a federal lawsuit in December, as did the Advancement Project [JURIST reports] in February. 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.




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UN rights council condemns Syria violence
Saheli Chakrabarty on March 23, 2012 9:28 AM ET

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[JURIST] The UN Human Rights Council (UNHRC) [official website] voted on Friday in favor of a resolution [text] condemning the violence in Syria and extending the mandate of the Commission of Inquiry. The 47-member panel voted 41-3 [press release] for the resolution with two abstentions. The resolution deplores the escalation of violence that has resulted in an ongoing human rights crisis and may rise to the level of crimes against humanity. The UNHCR condemned:
The sharply escalating widespread, systematic and gross violations of human human rights and fundamental freedoms perpetrated by the Syrian authorities, such as arbitrary executions, excessive use of force and the killing and persecution of protesters, refugees, human rights defenders and journalists, including recent deaths of Syrian and foreign journalists, arbitrary detention, enforced disappearances, torture and ill-treatment, including of adolescents and children; ... The attacks against civilians in cities and villages across the country ... by units of the Syrian armed forces and diverse security forces; ... The extensive violations of children's rights committed by the Syrian authorities, including the killing of children during demonstrations and the widespread practice of arbitrary detention, torture and ill-treatment; [t]he sexual violence committed by the Syrian authorities, including against male detainees and children; [and] The deliberate destruction of hospitals and clinics, the obstruction and denial of medical assistance to the injured and sick, and the raids and killing of wounded protesters in both public and private hospitals.
The UN-sanctioned resolution urges Syrian authorities to put an immediate end to the violence and all human rights violations. It further recommends that the main bodies of the UN take appropriate action to address human rights violations, as well as crimes against humanity that may have been committed. The resolution also states that the widespread and systematic use of violence violates international criminal law and necessitates that offenders must be brought to justice.

The UN has continued to call for an end to the violence in Syria. Earlier this month, the UNHRC voted to pass [JURIST report] a non-binding resolution condemning Syrian authorities for continued bloodshed and violations of human rights. This official condemnation from the rights body came on the heels of a demand for a cease-fire [JURIST report] by UN High Commissioner for Human Rights Navi Pillay [official profile] in late February. Also in February, the UN-appointed Independent International Commission of Inquiry on Syria accused the government of violating international human rights law [JURIST report] after finding that Syrian forces are engaging in torture and killings under orders from high level government officials. In the same month, both Pillay and UN Secretary-General Ban Ki-moon [official profile] called for an end to the violence in Syria, with Pillay asking the UN Security Council to refer the situation in Syria [JURIST reports] to the International Criminal Court. Pillay urged an investigation of Syrian government and military officials for possible crimes against humanity. The OHCHR reports that more than 5,000 people have died since anti-government protests began last March. The increasing unrest in Syria has garnered international attention and has sparked controversy in America about what its role should be [JURIST op-ed].




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UN rights council urges Sri Lanka war crimes probe
Maureen Cosgrove on March 23, 2012 8:55 AM ET

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[JURIST] The UN Human Rights Council (UNHRC) [official website] on Thursday urged [press release] the government of Sri Lanka to adequately investigate alleged war crimes that occurred during the country's 26-year civil war with the Liberation Tigers of Tamil Eelam (LTTE) [JURIST news archive]. Sri Lanka's Lessons Learnt and Reconciliation Commission [official website] released a report [text, PDF] in December concluding that Sri Lanka's military did not intentionally attack civilians [JURIST report] following the country's civil war, but still recommended possible punishment for misconduct and compensation to those injured in specific situations. The UNHRC voted in favor of a US-backed resolution [text, PDF] urging the country to implement those recommendations and continue "credible and independent" investigations into the alleged abuses. The UNHRC also asked the Sri Lankan government to present a plan for its approach to implementing the recommendations and detail steps they will take to end war crimes in the nation, including unlawful detentions, summary executions and kidnapping.

The Sri Lankan government has faced various allegations of human rights violations and war crimes by civil rights organizations and the UN since the end of its civil war in 2009. In November, the Sri Lankan government was subjected to criticism for its failure to investigate [JURIST report] issues of torture for past human rights violations and to enforce laws against continued torture and ill-treatment by government officials against civilians. UN Secretary-General Ban Ki-Moon [official profile] in September sent a report [JURIST report] to the UNHRC accusing Sri Lankan troops of killing tens of thousands of civilians during clashes with the LTTE. In April, a UN panel of experts on Sri Lanka found credible allegations of war crimes [JURIST report] committed during the country's war with the LTTE, warranting further investigation. In June 2010, UN High Commissioner for Human Rights Navi Pillay [official website] called for an international inquiry [JURIST report] into the conduct of the Sri Lankan government during its civil war. The LLRC was created by the Sri Lankan government in 2010 to investigate 2009 events in which civilians were killed.




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