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

[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

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

[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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