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Legal news from Tuesday, April 10, 2012 |
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Activist challenges Georgia 'no duty to retreat' law
Brandon Gatto on April 10, 2012 1:51 PM ET

[JURIST] A civil rights activist on Monday filed suit in the US District Court for the Northern District of Georgia [official website] to challenge the state's "No Duty to Retreat" law [text, PDF], a piece of legislation that he believes is too vague and may lead to bias-based killings of minorities. The lawsuit, filed by Rev. Markel Hutchins, finds support for its "vagueness" argument by asserting [AJC report] that "[i]t is not clear what actions would create 'reasonable belief' that deadly force is necessary," thus "[a]n individual seeking to stand their ground ... has no way of knowing if their 'reasonable belief' comports with the standards protected by the law." The suit further contends that the law does not guarantee equal protection [Cornell LII backgrounder] to African Americans, as some courts have actually accepted a victim's race as evidence to establish the reasonableness of a killer's fear in cases of justifiable homicide. The office of the Georgia Attorney General [official website] declined to comment on the allegations.
Hutchins has publicly declared that his challenge to Georgia's "No Duty to Retreat" law stems directly from the criticism of Florida's similar "Stand Your Ground" law [text]. The latter remains engulfed in controversy since its invocation by George Zimmerman in the killing of Trayvon Martin [ABC News backgrounder; Sanford Police report, PDF] in February. While the rationale of such laws is to dispense persons under attack of any legal obligation to retreat, at least one critic has argued [JURIST op-ed] that the law, particularly in the Trayvon Martin case, is not being applied with this rationale in mind. Georgia enacted its "No Duty to Retreat" law in 2006 while Florida enacted [JURIST reports] its "Stand Your Ground" law in 2005. Similar so-called "shoot first" laws currently exist in 19 other states.


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Egypt administrative court suspends constitutional panel
Hillary Stemple on April 10, 2012 1:14 PM ET

[JURIST] Egypt's Supreme Administrative Court on Tuesday effectively suspended the work of the 100-member panel responsible for drafting the country's new constitution after ruling in favor of a lawsuit challenging the constitutionality of the formation of the panel. The lawsuit was filed by a number of prominent Egyptian lawyers [Ahram Online report] challenging the process by which the panel was formed. Specifically, the lawsuit asserts that having half of the panel chosen from parliament violates a 1994 Egyptian Supreme Constitutional Court prohibiting members of parliament from electing themselves to certain positions. The composition of the constitutional panel has been intensely debated, and the domination of the proceedings by Islamists [JURIST reports] has been extremely controversial. At least 20 percent of the members of the panel have indicated that they will withdraw from the panel [Bloomberg report], criticizing the under-representation of secularists. Islamists currently hold 65 percent of the seats on the committee, including 50 seats being held by members of the Muslim Brotherhood's Freedom and Justice Party (FJP), and the Salafist Nour Party [BBC backgrounders]. The court referred the case to the State Council, which could ultimately refer the issue to the Supreme Constitutional Court. The FJP has stated that they are appealing [Ahram Online report] the court's decision, urging the panel to ignore the court's ruling, which they believe is illegitimate.
The debate surrounding the composition of constitutional panel follows an Egyptian court ruling in February that the elaborate voting system in the parliamentary elections was unconstitutional [JURIST report]. The make-up of the constitutional panel could determine whether there will be an expansion of rights in the country. In January, Human Rights Watch (HRW) [advocacy website] called on Egypt's newly elected parliament to pursue an agenda to reform nine areas of Egyptian law [JURIST report] that impede freedom and restrict rights. Some of the suggested reforms included ending the state of emergency, reforming police law and expanding freedom of expression, strengthening the criminal penalties for police abuse, amending Egypt's definition of torture to be in line with international standards and allowing independent NGOs to operate lawfully in the country.


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Malaysia parliament considering new security law
Sung Un Kim on April 10, 2012 1:13 PM ET

[JURIST] The Malaysian parliament [official website] is considering a new law that would replace the Internal Security Act of 1960 (ISA) [text, PDF; HRW backgrounder]. The new law, introduced [BBC report] on Tuesday, will significantly limit the time period for which a person can be detained by the police without trial from an indefinite period to a maximum of 28 days. Within the time frame, police can investigate allegations of whether detainees pose a security threat, after which they may be released or charged. In addition, the new law will prohibit detention of individuals solely based on their political beliefs. However, it allows prosecutors to detain individuals, even if they are acquitted at trial level, so long as all appeals have been addressed. The proposed law will be presented in Parliament's lower house for debate next week and after the bill is approved by the lower house, it must be endorsed by the upper house and Malaysia's constitutional monarch Yang di-Pertuan Agong. Malaysian Prime Minister Najib Razak [official profile] originally announced [JURIST report] that the government would repeal the ISA and the Banishment Act of 1959 [text] in September and initiated [JURIST report] the plan in October.
Last month UN Secretary-General Ban Ki-Moon [official profile] urged [JURIST report] Malaysia to take into consideration international human rights standards. In October after the prime minister's announcement, the Malaysian government released 125 prisoners [JURIST report] who were held in detention under the Restricted Residence Act of 1933. Malaysia's internal security laws were heavily criticized in the past by various human rights organizations. In June, 2010, the UN Working Group on Arbitrary Detention [official website] recommended Malaysia repeal or amend its security laws to conform to the Universal Declaration of Human Rights [text]. In 2009, the Abolish ISA Movement [advocacy blog] initiated a demonstration against the law in which 10,000 to 20,000 people participated and resulted in 589 arrests. 29 of them were charged [JURIST report] for their involvement in the rallies. The International Federation for Human Rights (FIDH) [advocacy website] had also called [JURIST report] Malaysia to abolish the ISA in 2008.


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HRW: Thailand 'reconciliation' proposals undermine human rights
Max Slater on April 10, 2012 12:57 PM ET

[JURIST] Human Rights Watch (HRW) [advocacy website] on Tuesday criticized the government of Thailand [press release] for granting legal immunity to officials who allegedly violated human rights during an outbreak of political violence in 2010. In the press release, HRW claimed that the Thai government's "political reconciliation" proposals advance the partisan aims of various Thai political parties at the expense of ensuring justice for the victims of government-motivated violence. HRW Asia advocacy director John Sifton [official profile] emphasized the need for the Thai government to deny immunity to alleged violators of human rights:The violent clashes that rocked Thailand two years ago continue to affect the lives of many Thais. Those harmed in the upheavals and their families are still waiting for justice because successive governments haven't kept their promises to hold the abusers accountable. ...The reconciliation proposal is about enabling powerful people on all sides to get away with grievous crimes. Everyone wins, except the victims. ...To end Thailand's cycle of impunity, the [Thai] government should act now to bring charges against perpetrators of crimes committed during the 2010 violence, whatever their political affiliation or official position. No amnesty should be given for serious human rights abuses. Chalerm Yubamrung, the Deputy Prime Minister of Thailand, stated that the political reconciliation proposal will soon be submitted to the Thai parliament for approval.
Last year, HRW urged the Thai government to investigate crimes [JURIST report] allegedly committed by government officials during violent protests in spring 2010. HRW's report detailed the violence [press release] that resulted from the "red shirt" [BBC profile; JURIST news archive] pro-democracy movement and specifically from clashes between security forces and anti-government protesters acting under the direction of the United Front for Democracy against Dictatorship (UDD) [party website]. According to investigations by HRW, the high death toll and injuries were the consequences of excessive and unnecessary lethal force by the government as well as deliberate attacks, aimed at inciting more violence, by armed forces of the UDD. Earlier in 2011, the "red shirt" movement petitioned [JURIST report] the International Criminal Court (ICC) [official website] to launch a preliminary investigation into whether the government committed crimes against humanity during the Bangkok protests.


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Rights group warns Libya militia leaders of potential criminal liability
Keith Herting on April 10, 2012 12:31 PM ET

[JURIST] Human Rights Watch (HRW) [group website] published a letter [text] Sunday intended for militia leaders in the Libyan town of Misrata, warning of possible criminal charges for orders which amount to "crimes against humanity." The group claims that, following the downfall of Muammar Gaddafi, approximately 3,000 people from the nearby town of Tawergha continue to be indiscriminately incarcerated in detention facilities in Misrata where they are subject to "torture and physical maltreatment." Tawergha was a pro-Gaddafi stronghold, and the residents of the town have allegedly been subject to abuse at the hands of militias who blame the Tawerghans for abuses against rebel forces during the uprising last year. Following the publication of the letter, HRW issued a corresponding statement [text] wherein the group's Middle East Director, Sarah Leah Whitson, claimed:Our letter to Misrata authorities is a wake-up call. Five months after the conflict with Gaddafi forces ended, militias from Misrata are still committing serious abusescrimes under Libyan and international lawand the city's leaders can be held legally responsible for those acts by the [International Criminal Court]. The letter from HRW comes less than a week after the Libyan National Transitional Council (NTC) denied an ICC demand to hand over Saif al-Islam Gaddafi [JURIST report] to face trial at The Hague.
Allegations of war crimes and human rights violations have been widespread during the Libya conflict [JURIST backgrounder]. In February Amnesty International (AI) [advocacy website] released a report accused the ruling NTC of allowing the abuse and torture [JURIST report] of supporters of the former leader by unofficial militias. In January the UN High Commissioner for Human Rights Navi Pillay [official website] addressed [JURIST report] the UN Security Council [official website] expressing concern over alleged human rights violations in Libya. Earlier that month Middle East rights groups alleged human rights violations [JURIST report] and that all parties involved, including NATO, committed acts ranging from use of excessive force against protesters to cruel and inhuman treatment of prisoners during detention. In October of last year AI alleged that Libyan forces arrested nearly 2,500 people who face ongoing torture and detainment [JURIST report] without formal charges. In September the NTC vowed to investigate allegations of human rights abuses after AI published a report [JURIST report] alleging that both sides of the Libya conflict are responsible for human rights abuses and warning the NTC to act quickly to investigate these allegations.


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China activist sentenced to prison for inciting disturbance, fraud
Andrea Bottorff on April 10, 2012 11:49 AM ET

[JURIST] A Beijing court on Tuesday sentenced Chinese housing activist and lawyer, Ni Yulan, to two years and eight months in prison on charges of fraud and "inciting a disturbance" in Beijing. Ni's husband, Dong Jiqin, was also sentenced to two years in prison on similar charges. Ni and her husband had assisted victims of government land seizures [Guardian report], including those displaced by the Beijing Olympics project, prior to their arrest in August 2011. Amnesty International (AI) [advocacy website] called for Ni and her husband's immediate release, saying that that charges are false and meant to punish Yulan for her activist work [AI report]. Ni has been confined to a wheelchair since 2002, when prison guards beat her severely while she was serving one of two prior prison sentences. In poor health, lying on a stretcher and relying on an oxygen machine, Ni pleaded not guilty [JURIST report] at her trial in December. Although a court spokesperson indicated the trial was open to the public, foreign journalists and diplomats were barred from the proceedings [IBT report].
Ni Yulan is one of several high-profile dissidents to be sentenced as part of a larger crackdown in China. In January, prominent rights activist Li Tie was sentenced to 10 years in prison [JURIST report] on subversion charges brought in response to pro-democracy articles he wrote in 2010. In December, a Chinese court sentenced political activist Chen Xi [JURIST report] to 10 years in prison for inciting subversion. The charges against Chen, 57, stemmed from more than 30 political essays that he had published online. Also in December, a Chinese court sentenced human rights advocate Chen Wei [JURIST report], who is unrelated to Chen Xi, to nine years in prison. Chen Wei, 42, was sentenced after a two-hour hearing in which he pleaded not guilty to inciting subversion of state power. He was charged for having written essays critical of the Communist Party, which he published on overseas Chinese websites, avoiding the national Internet censorship firewalls. Chen was one of more than 130 activists detained after the US-based news site Boxun [website, in Chinese] reported an anonymous appeal for people to stage protests across China last year.


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Europe rights court rules terror suspects will not face torture if extradited to US
Andrea Bottorff on April 10, 2012 10:18 AM ET

[JURIST] The European Court of Human Rights (ECHR) [official website] ruled Tuesday that five terrorism suspects facing extradition from the UK to the US will not face inhumane prison conditions [judgment text] in the US. The court held that British citizens Syed Talha Ahsan, Babar Ahmad [advocacy website; BBC profile], Saudi-born Khaled Al-Fawwaz and Egyptian-born radical Muslim cleric Abu Hamza al-Masri [BBC profile; JURIST news archive] will not experience prison conditions in the US in violation of Article 3 the European Convention on Human Rights [text] provisions on the prohibition of torture and inhumane or degrading treatment, as well as on sentence duration. All five men are wanted in the US on terrorism charges and, if extradited, would face imprisonment without parole at ADX Florence [BOP backgrounder], a super-maximum security prison in Colorado. In finding that the prison conditions would not be considered torture, the court said that solitary confinement may be appropriate for security reasons and that the men would have opportunities for recreation and outdoor exercise. The court also adjourned the case examination of another suspect, Haroon Rashid Aswat, pending more information from the parties concerning the effect of mental illness on his potential US detention. While the ECHR decision could lead to the men's extradition, the court recommended that the UK wait until further court notice to extradite the suspects.
This week's decision marks a change from the ECHR's position two years ago, when the court stayed the extradition [JURIST report] of four of the terrorism suspects, holding that potential punishment could violate European Convention on Human Rights provisions on the prohibition of torture and inhumane or degrading treatment. The UK High Court approved the extradition [JURIST report] of Aswat and Ahmad to the US in 2006. Aswat is wanted in the US on suspicion of setting up a terrorist training camp and Ahmad is wanted for conspiring to kill Americans and running a website used to fund terrorists and recruit al Qaeda members. The extraditions were approved only after the US offered assurances that it would not seek the death penalty, try the suspects before military tribunals or declare them enemy combatants. A British court approved the extradition [JURIST report] of Hamza in 2007. Hamza, who is currently serving a seven-year sentence in the UK [JURIST report] for urging his followers to kill Jews and other non-Muslims, faces US charges of attempting to establish terrorist training camps in Oregon, conspiring to take hostages in Yemen, and helping terror training in Afghanistan.


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