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Legal news from Friday, May 4, 2012




Iran criticized for harsh sentences against rights defenders
Jaclyn Belczyk on May 4, 2012 3:22 PM ET

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[JURIST] A group of UN human rights experts on Friday criticized the government of Iran [press release] for the detentions and harsh sentences of human rights defenders. The Special Rapporteurs on human rights defenders, the situation of human rights in Iran, and the independence of judges and lawyers urged the Iranian government to ensure that human rights defenders are allowed to carry out their legitimate activities and receive adequate protections. The highlighted the cases of several human rights activists who have been detained and sentenced to prison, including lawyers Abdolfattah Soltani and Nasrin Sotoudeh [JURIST reports]. Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul said:
I am really worried that human rights lawyers are being identified with their clients or their clients’ causes as a result of discharging their functions. The Government has an obligation to ensure that lawyers can perform all of their professional functions without intimidation, hindrance, harassment or improper interference and that they do not suffer prosecution for any action taken while carrying out their duties.
The experts called for the immediate release of the human rights defenders.

Iran has faced ongoing criticism for its human rights record from the UN and other groups. In March UN Special Rapporteur on the situation of human rights in Iran Ahmed Shaheed told the UN Human Rights Council that he is concerned about the human rights violations [JURIST report] occurring in the country. Corroborating Shaheed's concerns, Amnesty International released a report in February that Iran executed twice as many people [JURIST report] in 2011 as it did in the previous year. The report, entitled "'We Are Ordered to Crush You': Expanding Repression of Dissent in Iran," chronicles widespread international human rights violations that Iran's government has allegedly perpetrated over the past year. The AI report claims that the most common targets of Iran's crackdown on human rights are lawyers, rights activists, filmmakers, journalists and political leaders.




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Russia gay activist first to be convicted under controversial city ordinance
Jaimie Cremeans on May 4, 2012 2:27 PM ET

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[JURIST] Prominent Russian gay rights activist Nikolai Alekeyev became the first to be convicted Friday under a St. Petersburg city ordinance that prohibits the spreading "homosexual propaganda" to minors. Alekeyev was arrested last month [JURIST report] for picketing in front of city hall with a sign that said "homosexuality is not perversion." As a result of his conviction [AP report], Alekeyev was fined 5,000 rubles (USD $170). The court has not given any grounds for his conviction but said they will be made available next week. Yuri Gavrikov, head of St. Petersburg's LGBT group Equality, however, said there were no children around when Alekeyev was picketing and claimed his conviction was "absurd." People who oppose the new law, which was introduced in November and signed into law [JURIST reports] last month, claim it will prevent gay rights groups from being able to assemble in public. Alekeyev said he plans to appeal the ruling.

The Russian parliament last month introduced a similar bill that would outlaw spread of "homosexual propaganda" to minors. It would impose a fine of 500,000 rubles ($16,500 USD) on anyone who promotes the homosexual lifestyle, including media outlets that lawmakers have accused of making homosexual lifestyles "normal behavior." In 2008, Moscow police arrested several gay activists [JURIST report] who were celebrating the anniversary of passage of a 1993 law that ended prosecution for homosexuality in the country. They were arrested pursuant to a local ban on gay pride parades, which had been upheld by a Russian court [JURIST reports] the previous year.




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Conrad Black released from prison
Jaclyn Belczyk on May 4, 2012 1:23 PM ET

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[JURIST] Media magnate Conrad Black [CBC profile; JURIST news archive] was released from federal prison in Florida Friday but remains in US custody pending removal proceedings. It remains unclear [National Post report] how long Black will be held by US officials or where he will be deported. He is a UK citizen, but he has been granted at a temporary resident permit by the Canadian government and he has expressed a desire to return to Toronto. Black was ordered to return to prison [JURIST report] last summer to serve 13 more months of his 42-month sentence. He was released on bond [JURIST report] in 2010 after a Supreme Court ruling [opinion, PDF; JURIST report] in Black v. United States [Cornell LII backgrounder] constricted the application of the "honest services" doctrine [18 USC § 1346 text] only to cases of bribery and kickbacks.

Last May the US Supreme Court [official website] denied certiorari [JURIST report] in Black v. United States [docket; cert. petition, PDF] in which Black was seeking to have his remaining conviction overturned. Black was originally convicted on two counts of fraud and a third count of obstruction of justice after a jury acquitted him and his co-defendants of 15 other fraud counts. He appealed to the Supreme Court, which remanded [JURIST report] the case to the Seventh Circuit.




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Austria court rules laws not comforming with EU rights charter are unconstitutional
Jaimie Cremeans on May 4, 2012 12:13 PM ET

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[JURIST] The Austrian Constitutional Court [official website, in German] ruled [judgment, PDF, in German; press release, PDF, in German] Friday that the country's laws must not only conform to its own constitution but also to the EU Charter of Fundamental Rights [text] in order to be upheld as constitutional. The only areas where legislation will not be held to the charter's standards are ones in which the EU does not legislate, such as the country's election laws. The court also said the EU charter will be used in deciding disputes between private individuals, even if they involve only Austrian citizens. The court also requires that laws conform with the EU Human Rights Convention to be constitutional.

Austria has been a leader in pushing for fundamental rights and accepting international standards. In August an Austrian court rejected a request [JURIST report] to send a suspected Serbian war criminal back to Serbia for fear that he would not receive a fair trial under the country's evidentiary laws. In 2010 Austria allowed the UN to establish an anti-corruption agency [JURIST report] in the country to help enforce the UN Convention against Corruption [text, PDF]. Despite these recent actions toward accepting international standards, however, Austria was among those least satisfied [JURIST report] with its EU membership as recently as 2008.




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Washington women sue state AG over health care challenge
Jamie Davis on May 4, 2012 11:43 AM ET

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[JURIST] More than 90 women filed suit [complaint, PDF] Thursday against Washington Attorney General Rob McKenna [official website] alleging that his opposition to the federal health care law is preventing women from having full access to medical care. The complaint claims McKenna's participation in a lawsuit against the Patient Protection and Affordable Healthcare Act (PPACA) [text; JURIST backgrounder] that is pending before the US Supreme Court [official website] is unethical and in violation of his duties. The complaint alleges that McKenna has submitted pleadings to the court that are contrary to his official position as attorney general:
McKenna's official position is that it is in the best interest of Washington and its residents for the US Supreme Court to invalidate only the Act's individual mandate and to allow the remainder of the Act—including its women's health care components—to stay in effect. Yet, McKenna has submitted pleadings and arguments on behalf of the State asking the US Supreme Court to do precisely the opposite—to invalidate the women's health care protections and every other provision of the Act. The total invalidation of the ACA would place women's lives at risk, jeopardize their right to contraception, and force Washington women to pay tens of millions of dollars for contraception and preventive care that they may receive for free under the ACA. Other women would be denied health care under "lifetime caps" that are prohibited by the ACA.
The plaintiffs are seeking an order from the court requiring McKenna to file corrected pleadings in his lawsuit against the heath care act in which he would request that the court uphold the women's health provisions.

In March the US Supreme Court heard oral arguments [JURIST report] in United States Department of Health and Human Services v. Florida [materials], the suit challenging the PPACA. In January 26 states submitted a brief [JURIST report] to the Supreme Court challenging the constitutionality of the expansion of Medicaid for the poor and disabled in the PPACA. Also in January the federal government filed a brief [JURIST report] before the US Supreme Court arguing that the minimum coverage provision of the PPACA, which requires almost every US citizen to obtain health insurance by 2014 or face a tax penalty, is constitutional. The court granted certiorari to rule on health care reform law [JURIST report] in three separate cases last November, reserving five-and-half-hours for oral argument on the issue.




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Bahrain king approves constitutional amendments
Jamie Davis on May 4, 2012 10:40 AM ET

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[JURIST] Bahraini King Hamad bin Isa al-Khalifa [NYT profile] on Thursday approved amendments to the country's constitution that give more power the the parliament by allowing it to have more control over government ministers. While the reforms come as an attempt to settle unrest in the country [AP report] that has been taking place for over a year, reports indicate that opposition groups of the Shiite majority have already voiced their disapproval [Al Jazeera report] for the new measures. The amendments provide more participation in the government for the elected members of parliament, but the opposition has been demanding a fully elected government and dismissal of the appointed members. The opposition claims all of the parliament should be elected because the country's constitution, originally drafted in 1973, provides for a single-body parliament to be elected by Bahrain's citizens.

Strife in Bahrain has resulted in multiple injuries and deaths recently. Earlier this week, advocacy group Human Rights Watch (HRW) urged Bahrain to immediately release the leaders [JURIST report] of last year's anti-government protests, including hunger striker Abdulhadi Al-Khawaja. HRW states that the 14 individuals have been jailed for more than a year with no evidence of any wrongdoing produced against them. In April HRW issued a report [JURIST report] alleging Bahrain's police officers regularly abuse minor detainees before transporting them to police stations. Also in April Amnesty International (AI) issued its own report [JURIST report] alleging human rights violations continue in Bahrain despite reforms.




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Charles Taylor prosecutors seeking 80-year sentence for war crimes
Jaclyn Belczyk on May 4, 2012 9:36 AM ET

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[JURIST] The chief prosecutor at the Special Court for Sierra Leone (SCSL) [official website] recommended Thursday that former Liberian president Charles Taylor [BBC profile; JURIST news archive] be sentenced to 80 years for war crimes. Taylor was convicted [JURIST report] last week on all 11 counts of war crimes and crimes against humanity during Sierra Leone's decade-long civil war. A sentencing hearing is scheduled for May 16, and sentencing will take place May 30. The court may not impose the death penalty or a life sentence. Both the prosecution and the defense will have the opportunity to appeal within 14 days of the sentence. Also this week Morris Anyah was assigned as lead defense counsel [press release, PDF] for Taylor's appeal. He has served as co-counsel on Taylor's defense team since 2007.

In February Taylor's lawyers asked that the SCSL reopen the case [JURIST report] in light of new evidence, but the request was denied. The SCSL heard closing arguments [JURIST report] in March 2011. Taylor has denied the charges [JURIST report] against him, which include murder, rape, sexual slavery and acts of terrorism stemming from from a "campaign to terrorize the civilian population" of Sierra Leone [JURIST news archive]. Taylor's defense lawyers opened their case [JURIST report] in July 2009 and have claimed that he could not have commanded rebel forces in Sierra Leone while acting as the president of Liberia. His trial continued after the court denied his motion for acquittal [JURIST report] in May 2009.




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