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Legal news from Monday, April 30, 2012




Supreme Court orders appeals court to reconsider Illinois ex-governor Ryan's appeal
Michael Haggerson on April 30, 2012 2:13 PM ET

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[JURIST] The US Supreme Court [official website] on Monday ordered [order list, PDF] the US Court of Appeals for the Seventh Circuit [official website] to reconsider former Illinois governor George Ryan's appeal in light of Wood v. Milyard [SCOTUS blog backgrounder; JURIST report]. Wood, which was decided just last week, held that federal courts of appeals, like district courts, have the authority—though not the obligation—to raise a forfeited timeliness defense on their own initiative in exceptional cases. Ryan argues that he was convicted under pre-Skilling v. United States [Cornell LII backgrounder; JURIST report] jury instructions and therefore he should be released from prison and his convictions for mail fraud and for violations of the Rackteer Influenced Corrupt Organizations (RICO) [18 USC § 1961 et seq.] should be thrown out. Skilling held that the "honest services" doctrine [18 USC § 1346 text] is not unconstitutionally vague when construed narrowly. However, the appeals court initially rejected Ryan's appeal because it ruled that he had failed to object to the jury instructions in a timely manner. The appeals court must now consider whether it should raise Ryan's objection on its own, despite the fact that he failed to raise it in a timely manner at trial.

Illinois has two convicted former governors as Rod Blagojevich [personal website; JURIST news archive] was convicted [JURIST report] on 17 of 20 counts including attempting to sell or trade the US Senate seat vacated by President Barack Obama. Blagojevich had also tried to cite Skilling, but a district judge denied a request [JURIST report] to delay the trial. In 2008, Ryan issued his first public apology [JURIST report] for the crimes that resulted in his imprisonment. Ryan was sentenced in 2007 and jailed [JURIST reports] on corruption charges. Ryan's trial began in 2005, and, in 2006, a jury found him guilty [JURIST reports] on multiple counts of corruption and fraud [indictment, PDF] in connection with a bribes-for-licenses scandal that occurred during Ryan's term as Illinois Secretary of State. Ryan made national headlines and won praise in some quarters in January 2003 when, just before leaving office, he commuted the executions [BBC report] of all Illinois inmates then on death row.




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UK court rules ISPs must block file sharing website
Michael Haggerson on April 30, 2012 1:18 PM ET

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[JURIST] The UK High Court ruled on Monday that British Internet service providers (ISPs) must block the file sharing website The Pirate Bay [website]. All of the ISPs, except one which requested additional time to consider the ruling, have one week to comply with the ruling [Guardian report]. The lobbying group requesting the block stated that the block was necessary to prevent the encouragement of copyright infringement. Critics of the ruling argue that it is pointless however because the block is easy to circumvent and it also represents a dangerous step forward for Internet censorship.

In February the UK High Court ruled that The Pirate Bay planned to infringe copyrights [JURIST report] which allowed the plaintiffs to obtain this court order requiring ISPs to block the website. Earlier that month the Swedish Supreme Court [official website, in Swedish] declined to hear an appeal [JURIST report] of the convictions for copyright infringement of Fredrik Neji, Peter Sunde and Carl Lundstroem, the founders of The Pirate Bay. The three founders were initially convicted [JURIST report] in April 2009. Despite the convictions, the website remains operational.




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Rights groups urge UAE to end arrests, free political activists
Brandon Gatto on April 30, 2012 12:51 PM ET

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[JURIST] Amnesty International (AI) and Human Rights Watch (HRW) [advocacy websites] issued a joint public statement [text, PDF] Monday urging the United Arab Emirates (UAE) to stop its recent crackdown on political activists by ending arrests and releasing those in custody. The report claims that UAE authorities are holding political opponents based "solely on their affiliation with a non-violent political group and their peaceful criticism of the government." The group, the Reform and Social Guidance Association [advocacy website, in Arabic], is a non-profit organization that advocates Islamic principles, and its nine members currently in custody have not been charged with any criminal offense. Said AI's deputy Middle East and North Africa programme director Ann Harrison, "These men, who have not used or advocated violence, are held solely for exercising their right to freedom of opinion and expression. They are prisoners of conscience and should be released immediately and unconditionally." AI and HRW expressed concern that the UAE is threatening to revoke the prisoners of their UAE citizenship as a way of punishing them for expressing public dissent, an action that the advocacy groups contend violates the Universal Declaration of Human Rights [text]. "Depriving someone of nationality for having exercised the right of peaceful expression would be a disproportionately punitive measure," stated the report, "as leaving [the men] stateless would amount to arbitrary deprivation of nationality."

AI has previously called on the UAE government [press release] to release these "prisoners of conscience" in compliance with international law. Last November, the UAE Federal Supreme Court sentenced five of the nine activists to prison [JURIST report] for participating in a campaign seeking political liberties. All five were charged under § 176 of the UAE Penal Code for publicly insulting UAE president Sheikh Khalifa Bin Zayed [official website] and other government officials, and were arrested in April 2011 after signing an online petition demanding political reforms. HRW has also been critical of the UAE for its recent treatment of political activists, and called for the trial's end [JURIST report] in July 2011 along with other rights groups. Additionally, HRW criticized UAE officials [press release] in April 2011 for their arrest of a political blogger, and also urged international public institutions [press release] in the country to condemn the government's detention of other rights activists.




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Afghanistan election commission proposes voting changes to prevent fraud
Brandon Gatto on April 30, 2012 11:46 AM ET

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[JURIST] The Independent Election Commission of Afghanistan (IEC) [official website] on Saturday drafted [AFP report] proposed amendments to the country's electoral law [text, PDF] in an effort to prevent future election fraud. According to IEC spokesman Noor Mohammad Noor, about 50 percent of the electoral law will be changed, including alterations in parliamentary elections which would allocate one-third of seats to political parties based on proportional representation. The remaining two-thirds of parliament would remain subject to the original system whereby seats are determined by a single, non-transferable vote for one candidate. The IEC's proposed amendments also include a redefinition of its own authority [report, PDF] to further deter election violations. Although the electoral law's proposed changes come in response to allegations of widespread electoral fraud during Afghanistan's 2009 presidential election and 2010 parliamentary elections [IEC backgrounder], the IEC's endeavor will not affect future presidential races.

Last June, a special Afghan court overturned the election results [JURIST report] of about 25 percent of the assembly seats due to poll fraud in the September 2010 parliamentary elections. The ruling came shrouded in controversy, however, as the court was established by President Hamid Karzai [official profile; JURIST news archive] and the decision ordered the IEC, a commission that does not recognize the legitimacy of the special court [AFP report], to disqualify legislators whose elections it deems invalid. The IEC defended itself against allegations of polling fraud [JURIST report] and more than 100 complaints filed by opposition candidate Abdullah Abdullah [WP report] in the wake of Afghanistan's presidential election in 2009. There, Abdullah claimed [JURIST report] that Karzai supporters stuffed ballots, inflated vote counts, and intimidated voters at the polls. Despite the defense, elections in Afghanistan remain marred by these widespread allegations of fraud.




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All sides in Mali conflict have committed war crimes: HRW
Jamie Reese on April 30, 2012 11:27 AM ET

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[JURIST] All sides in the Malian conflict have committed war crimes [HRW press release] including summary executions, rape, the use of children as soldiers, and the pillaging of hospitals, schools, aid agencies and government buildings, Human Rights Watch (HRW) [advocacy website] reported Monday. HRW conducted a 10-day mission to Mali [JURIST news archive] in April and documented human rights violations by several groups, including the Tuareg National Movement for Liberation of Azawad (MNLA), which seeks autonomy for the North, Ansar Dine, which wants to impose strict Sharia law throughout Mali, and an ethnic Arab militia, formally allied with the government, but which now has unclear objectives. Corinne Dufka, senior Africa researcher at HRW, stated that commanders for all sides need "to stop the abuses, ensure discipline over their fighters, and appropriately punish those in their ranks responsible for these crimes." The UN Office of Humanitarian Affairs [official website] estimates that since January, nearly 284,000 residents have fled their homes as a result of the conflict, mostly to South Mali or neighboring countries.

Last week, the International Criminal Court (ICC) [official website] said they are monitoring the situation [JURIST report] for potential crimes under the ICC's jurisdiction. They noted that Mali has ratified the Rome Statute [text], which gives the ICC jurisdiction to prosecute war crimes and crimes against humanity that may have occurred since fighting began in January. The turmoil began when Taureg rebels attacked Malian soldiers [Al Jazeera report]. Many in the international community have expressed concern over the situation, including the UN Secretary General Ban Ki-Moon, UN High Commissioner for Human Rights Navi Pillay and the UN High Commissioner for Refugees (UNHCR) [JURIST reports]. All of this has come after Malian soldiers took control of the government [JURIST report] and suspended the constitution in March.




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Bahrain court orders retrial for imprisoned rights activist
Jamie Reese on April 30, 2012 10:29 AM ET

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[JURIST] The Bahrain Court of Cassation ruled Monday that human rights activist Abdulhadi Al-Khawaja [BBC profile; JURIST news archive] would be retried along with 20 others convicted on terrorism-related charges. Al-Khawaja, along with eight others, is serving a life sentence after a closed hearing where the Bahrain military National Safety Court found him guilty [JURIST report] in June 2011. On appeal, the Bahrain court ruled that they should be retried in a civilian chamber, but they must stay incarcerated pending a new verdict [Reuters report]. Al-Khawaja has been on a hunger strike for the past three months and will most likely continue despite the retrial decision. His family members have claimed he has been force-fed intravenously [AFP report], but the government has continually denied those allegations. No date for the rehearing has been set, and many rights groups as well as western governments continue to insist on Al-Khawaja's release.

Al Khawaja's appeal hearing was delayed last week after four independent human rights experts called for his immediate release [JURIST reports]. Earlier this month, Amnesty International reported that human rights violations continue [JURIST report] in Bahrain despite reported reforms. Al-Khawaja's lawyers and members of the Bahrain opposition appealed his conviction and UN experts' called for his release after international concern arose over his health due to repeated hunger strikes, which at that point had passed 50 days [JURIST reports]. Last May, Special Rapporteur on torture Juan Mendez [official profile] condemned the Bahraini government for failing to adhere to the Standard Minimum Rules for the Treatment of Prisoners [text] regarding Al-Khawaja's physical and mental integrity. He was allegedly physically mistreated and perhaps tortured [JURIST report] while in custody, displaying visible physical signs of abuse at trial.




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Supreme Court to rule on ineffective assistance of counsel
Jaclyn Belczyk on April 30, 2012 10:06 AM ET

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[JURIST] The US Supreme Court [official website] granted certiorari [order list, PDF] Monday in Chaidez v. United States [docket; cert. petition, PDF] to rule on an ineffective assistance of counsel claim. In 2010, the court held in Padilla v. Kentucky [JURIST report] that the Sixth Amendment [text] guarantee of effective assistance of counsel requires a criminal defense lawyer to advise a non-citizen client that pleading guilty to an aggravated felony will trigger mandatory, automatic deportation. The question presented in Chaidez is whether Padilla applies to persons whose convictions became final before its announcement. The US Court of Appeals for the Seventh Circuit ruled [opinion, PDF] that Padilla is not retroactive, creating a circuit split.

Petitioner Roselva Chaidez entered the US from Mexico in 1971 and became a lawful permanent resident in 1977. She was indicted in 2003 on three counts of mail fraud and pleaded guilty on the advice of counsel. The government initiated removal proceedings in 2009, and Chaidez appealed, claiming she would not have pleaded guilty if she had been aware that such a plea could result in deportation. Padilla was decided in March 2010 while Chaidez's motion was pending with the district court.




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