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Legal news from Thursday, April 12, 2012




Police-reported hate crimes decrease 18 percent in Canada
Brandon Gatto on April 12, 2012 2:17 PM ET

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[JURIST] Statistics Canada [official website] reported [text, PDF] Thursday that both the number and rate of police-reported hate crimes declined in 2010 by 18 percent from the previous year [materials]. While the report made clear that "police-reported data likely undercount the true extent of hate crime in Canada, as not all incidents come to the attention of police," the new statistics were welcomed "[a]fter two consecutive years of increase." Of the country's 1,401 hate crimes [JURIST news archive] reported to police in 2010, 95 percent were found to be motivated by race or ethnicity, religion, or sexual orientation. Significantly, the reported crimes [press release, PDF] stemming from race or ethnicity decreased by 20 percent while those motivated by religion decreased by 17 percent. More than half of all reported hate crimes, however, were found to be motivated by race. The agency also reported a decrease in violent hate crimes, as one in three hate crimes was likely to be violent. Sexual orientation hate crimes, though, remain an area in need of improvement, as two-thirds of the 218 crimes were reported to be violent. Statistics Canada also reported that the least amount of hate crimes in 2010 occurred in the province of Newfoundland and Labrador with only one incident per 100,000 people, while the most amount occurred in Ontario with 5.7 incidents per 100,000 people [official websites].

Canada Statistics has been issuing a national report on hate crime annually since 2006, and covers 99 percent of Canada's population. The country saw some of its steepest increases in police-reported hate crime in 2008 [JURIST report], up 35 percent from 2007. Like today, race, religion, and sexual orientation were found to be the major motivations of these crimes, and roughly 75 percent of sexual orientation crimes were reported to be violent.




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American Indians reach trust settlement with federal government
Jamie Reese on April 12, 2012 12:28 PM ET

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[JURIST] The US Department of Justice (DOJ) and the Department of the Interior (DOI) [official websites] announced a $1.023 billion settlement [DOJ press release] with 41 American Indian Tribes Wednesday. The announcement comes following a 22-month negotiation period after the tribes alleged in a class action that the DOI and the Department of the Treasury [official website] mismanaged money [DOI materials] held in a tribe trust account, trust lands and leases for various natural resources held by the government. The DOI holds nearly 56 million acres in trust and has leases for various uses including housing, timber, harvesting, farming, grazing, oil and gas extraction, business leasing, right of ways and easements. Attorney General Eric Holder stated that the settlement, "fairly and honorably resolves historical grievances over the accounting and management of tribal trust funds, trust lands and other non-monetary trust resources that, for far too long, have been a source of conflict between Indian tribes and the United States." Secretary of the Interior Ken Salazar hopes this will strengthen the relationship between the federal government and Indian governments. Under this negotiated settlement litigation will now end. There should be no delay in congressional approval because money for the settlement has already been appropriated [AP report] under a judgement fund.

Congress established the Indian trust in 1887 to hold proceeds from government-arranged leases of Indian lands. Last October, a federal judge approved a $3.4 billion settlement [JURIST report] between American Indians and the US government clearing the way for appeals of the settlement to begin. The deadline for approval was extended in 2010 after Congress was granted additional time [JURIST reports] to consider the settlement. In July 2009, the district court ordered [JURIST report] the DOI to provide an accounting of the trust to the court. In 2008, a judge rejected claims that the government had engaged in fraud, bud held [JURIST reports] that the DOI "unreasonably delayed" the accounting of billions of dollars of American Indian money. The case went to trial in 2008 after a rejected settlement [JURIST reports] in 2007.




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Federal appeals court rules stealing source code does not violate trade secrets law
Rebecca DiLeonardo on April 12, 2012 12:21 PM ET

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[JURIST] The US Court of Appeals for the Second Circuit [official website] on Wednesday issued an opinion [text, PDF] holding that a former Goldman Sachs programmer did not violate a federal law prohibiting theft of trade secrets when he copied portions of the company's confidential source code. Sergey Aleynikov's conviction for violating two federal laws was overturned by the appeals court in February. In June 2009, Aleynikov uploaded 500,000 lines of confidential source code from Goldman's computer system on his last day at work. Later, he downloaded the code to his home computer and brought it to his new employer for their use. In its opinion, the court found that the transmission of intangible data does not constitute theft under the National Stolen Property Act (NSPA):
The NSPA does not criminalize the theft of intangible things. ... By uploading Goldman's proprietary source code to a computer server in Germany, Aleynikov stole purely intangible property embodied in a purely intangible format. There was no allegation that he physically seized anything tangible from Goldman. ... We decline to stretch or update statutory words of plain and ordinary meaning in order to better accommodate the digital age.
Aleynikov was also acquitted under the Economic Espionage Act because the source code was not sufficiently related to the product produced by Goldman Sachs.

Lawmakers have struggled recently to pass laws that sufficiently balance intellectual property rights and rights of its citizens in a digital age. In January, the US House of Representatives agreed to postpone hearings on the Stop Online Piracy Act (SOPA) [text, PDF] after several major websites, consumer advocacy groups and the president voiced opposition to the bill. Earlier that month, the Spanish government approved a new law [JURIST report] that creates a government agency with the authority to force Internet service providers to block certain websites that are involved in pirating copyrighted material. The European Court of Justice (ECJ) ruled in November that Internet service providers cannot be required by law to monitor [JURIST report] their customers' activities as an attempt to combat illegal sharing of copyrighted material.




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UN rights chief calls for action to end violations in Mali
Saheli Chakrabarty on April 12, 2012 11:49 AM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] on Thursday called for urgent national and international action [press release] to bring an end to the political instability and continuing human rights violations in Mali. According to Pillay, human rights violations have been reported in the capital of Bamako since the military takeover on March 22. The violations include illegal arrests, poor detention conditions and attempts to restrict the right to freedom of expression. Pillay commended the efforts to restore constitutional order, specifically Thursday's planned delegation of power from the military coup leaders to the National Assembly Speaker, who is acting as interim president. Pillay urged coup leaders to step aside and respect international human rights law, as promised. In a statement, she said:
The urgency of the situation in Mali is exacerbating an already extremely serious humanitarian crisis affecting the whole of the Sahel region, and the country may soon be plunged into a devastating food crisis with a risk of other shortages, including medical supplies, if the insurrections and insecurity persist.
Pillay requested national, international and regional organizations to combine their efforts in helping Mali bring an end to the human rights crisis.

Mali has experienced military turmoil since Taureg rebels began attacking Malian soldiers [Al Jazeera report] in January. Last month Captain Amadou Haya Sanogo, who led Malian soldiers in last month's military coup [JURIST report], announced he would reinstate the country's 1992 Constitution [text, PDF, in French] and create a transitional government to hold elections. Also in March the UN High Commissioner for Refugees (UNHCR) [official website] expressed concern over political and security instability in Mali [JURIST report], and how ongoing fighting between government forces and Tuareg rebels will affect Malians forced to flee their homes in search of safety. Last month the acting head of the EU delegation in Mali, Bertrand Soret, met with Sanogo and urged a quick return to constitutional order [JURIST report]. Soret indicated that the EU expected the Malian military to find a solution to the current crisis, and that he has asked to have access to government ministers that have been detained by the military. The UNHCR reported last month that more than 80,000 people had fled Mali [press release] to escape the fighting.




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India high court upholds right to education law
Jennie Ryan on April 12, 2012 11:46 AM ET

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[JURIST] The Supreme Court of India [official website] on Thursday upheld as constitutional a right to education law that requires most schools to reserve one-quarter of its class seats for poor, underprivileged children. The ruling comes after a number of private schools and organizations, including the Society of Unaided Private Schools of Rajasthan [official website] and the Independent Schools Federation of India, challenged the Right of Children to Free and Compulsory Education Act, 2009 (RCFCE) [text, PDF] arguing it violates their autonomy and will drain their resources. The RCFCE allows any child between the ages of 6-14 to demand free admittance to primary school. The law has the support of Indian Prime Minister Manmohan Singh [official website] who assured critics [BBC report] that enough funds will be made available to the schools. Although most primary schools will be subject to the law, the high court exempted private minority-run education institutions that do not receive funding from the government from compliance with the RCFCE.

The landmark right to education law took effect [BBC report] in April 2010. In India, some 8 million children do not receive a full primary school education [World Bank report]. Most of these children come from marginalized and impoverished social groups. When it took effect the law was immediately heralded by proponents of expansion of access to public education in India. An India representative for the UN Children's Fund (UNICEF) [official website] stated that the law "serves as a building block to ensure that every child has the right to guaranteed quality elementary education. The state, with the help of families and communities, has a legal obligation to fulfil [sic] this duty."




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ICC prosecutor asks court to report Libya to UN over Gaddafi son
Katherine Getty on April 12, 2012 11:14 AM ET

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[JURIST] International Criminal Court (ICC) [official website] chief prosecutor Luis Moreno-Ocampo [official profile] on Thursday asked the court to report Libya to the UN Security Council [official website] for failing to turn over the son of former Libyan leader Muammar Gaddafi. Ocampo's request comes after Libyan officials on Tuesday appealed the ICC's decision to seek a handover of Saif al-Islam Gaddafi [JURIST news archive]. The ICC's decision marked a departure from previous statements that Saif al-Islam could remain in Libya [JURIST report] and be tried there. In late February 2011 the UN Security Council voted unanimously to refer the matter in Libya to the ICC prosecutor [JURIST report], and now they will have to decide whether to pursue the action with greater involvement. Libya claims jurisdiction over Saif al-Islam for his actions as part of the previous regime and refused last week [JURIST report] to hand him over to ICC authorities. The ICC, however, claims jurisdiction over Saif al-Islam as well, because they issued the arrest warrant [JURIST report] for him last summer. The biggest difference between the two forums is that in Libya, Saif al-Islam could face the death penalty for his action, while in the ICC he would only face a prison term. Libya's failure to extradite Saif al-Islam to the Netherlands for trial could result in the enforcement of punishment by the Security Council. The Council has the power to initiate some form of penalties against the Libyan government, but to do so all permanent members must support the decision.

After Saif al-Islam's arrest in November, Libyan leader Prime Minister Abdurrahim al-Keib vowed that Saif al-Islam would receive a fair trial [JURIST reports] in Libya. Ocampo said in October that he has evidence against Saif al-Islam [JURIST report] for his role in planning attacks on Libyan civilians. Ocampo says that there is "substantial evidence" that Saif al-Islam hired mercenaries to assist him in carrying out plans to attack demonstrators that protested the rule of his father. In February JURIST Guest Columnist D Wes Rist of the University of Pittsburgh School of Law discussed the confusion [JURIST op-ed] surrounding Saif al-Islam's prosecution, noting that, "[a]ny attempt extend the reach of the ICC into areas it was not created to address runs the risk of weakening the overall authority of the Court and the willingness of member states to comply with ICC orders."




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Turkish prosecutors order arrest of former military leaders
Jennie Ryan on April 12, 2012 10:37 AM ET

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[JURIST] Prosecutors in Turkey ordered the arrest of dozens of former military leaders on Thursday for their alleged role in the ouster of former prime minister Necmettin Erbakan [NYT profile]. Prosecutors allege that the military leaders, including four retired generals, pressured Erbakan to resign in 1997. They further allege that the officers pressured the Islamist Erbakan to resign because he attempted to enhance the role of Islam in the Turkish government. Erbakan was a member of the Islamic Welfare Party [UNHCR backgrounder] when he was elected as prime minister in 1995. Although Turkey is predominately Islamist, the country's political system is secular. Turkish authorities searched the homes [AP report] of many of the suspects in connection with the arrests.

Turkey is currently involved in the trial of other former military leaders for a 1980 coup that led to three years of military rule, during which 50 people were hanged and half a million arrested. Early this month, the Ankara 12th High Criminal Court began the trial [JURIST report] of the last two surviving leaders of the 1980 coup, two retired generals, 94-year-old Kenan Evren [official profile], who held the presidential office for seven years following the military takeover, and 87-year-old former air force commander Tahsin Sahinkaya, who did not appear in court due to ill health. In June, Evren became the first military leader questioned since constitutional immunity was repealed in 2010. The court accepted the indictment against Evren and Sahinkaya in January, after the prosecution charged the two retired generals [JURIST reports] a week earlier. In August, the court issued arrest warrants [JURIST report] for seven generals and admirals relating to allegations that they created an anti-government website in 2009. After being detained for questioning in connection with their alleged coup plot, three high ranking military officials were released by the court, but remained under investigation.




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Connecticut House passes death penalty repeal
Julia Zebley on April 12, 2012 9:13 AM ET

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[JURIST] The Connecticut House of Representatives [official website] voted late Wednesday to repeal the death penalty [SB 280 materials] by a vote of 86-63. The Connecticut Senate passed the bill last week [JURIST report]. After the bill's final passage, Governor Dannel Malloy (D) [official website] officially announced he will sign the bill [press release] immediately:
I'm pleased the House passed the bill, and when it gets to my desk I will sign it. I want to be careful in the tone of my remarks, out of respect for the gravity of the issue at hand and out of respect for people on both sides of the issue. When I sign this bill, Connecticut will join 16 other states and almost every other industrialized nation in moving toward what I believe is better public policy. For decades, we have not had a workable death penalty. Only one person's been executed in Connecticut in the last 52 years, and he volunteered for it. Going forward, we will have a system that allows us to put these people away for life, in living conditions none of us would want to experience. Le's throw away the key and have them spend the rest of their natural lives in jail.
Attempts to put the abolition decision to a referendum [Hartford Courant report] were squashed in the final vote on the bill. If the bill is passed, it will not be applied retroactively to the 11 men currently on death row in the state. It is unknown when Malloy will sign the bill.

Connecticut has executed only one person since the federal moratorium on executions lapsed in 1981. When the bill is signed into law, Connecticut will become the seventeenth state to abolish the death penalty and the fifth to do so in the past five years. New Jersey, New Mexico, New York and Illinois [JURIST reports] have all recently eliminated the death penalty, while 34 states retain its use. Last year, the Connecticut Supreme Court did uphold the death penalty [JURIST report] as lawful under the state's constitution. The death penalty remains a controversial issue worldwide. According to an Amnesty International (AI) [advocacy website] report [text, PDF], the number of countries using the death penalty dropped in 2009 [JURIST report], but more than 700 people were executed in 18 countries, with the most executions carried out in Iran, Iraq, Saudi Arabia and the US.




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DOJ calls Texas voter ID law discriminatory
Keith Herting on April 12, 2012 9:09 AM ET

Department of Justice
[JURIST] The US Department of Justice (DOJ) [official website] on Wednesday filed a brief [text, PDF] in the US District Court for the District of Columbia [official site] alleging that the recently passed Texas photo identification law [SB 14 materials] will have a disproportionate impact on the state's Latino voters. Further, the DOJ contends that the available record "contains significant circumstantial evidence that could support a finding of discriminatory intent" on the part of Texas lawmakers. The filing is the response to an April 3 court order requiring the DOJ to present evidence in support of its refusal to permit Texas's changes to its voter law. The Voting Rights Act (VRA) [materials] designates nine states, including Texas, with a history of discriminatory election practices, and requires that those states submit all changes to their voting laws to the DOJ for approval before any changes can be enacted. According to the DOJ, Texas's SB 14 will "disenfranchise at least 600,000 voters who currently lack necessary photo identification and that minority registered voters will be disproportionately affected by the law." The DOJ is hoping to compel Texas to provide a discovery session to the DOJ to investigate the law's impact on minorities, but Texas Attorney General Greg Abbott [official website] said "these discovery requests represent an unwarranted federal intrusion into the operations of the Texas Legislature."

The movement towards stronger voter photo ID law has grown over the past few years and 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. In June, Missouri's Governor vetoed a proposed photo ID law, and the Georgia Supreme Court upheld a law [JURIST reports] in March 2010 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. Texas is also embroiled in a battle over controversial redistricting maps. Last month, Texas 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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