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Legal news from Sunday, May 6, 2012




France repeals sexual harassment law
Rebecca DiLeonardo on May 6, 2012 8:35 PM ET

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[JURIST] The Constitutional Council of the French Republic [official website, in French] on Friday ruled [decision; press release, both in French] that the country's sexual harassment law was unconstitutionally vague. In its decision, the council determined that since Article 222-33 [text, in French] of the French penal code does not provide any definition of sexual harassment, it cannot be constitutionally enforced. Several feminist groups have voiced dissatisfaction with the decision [Reuters report], which eliminates France's only criminal law against sexual harassment. The decision of the council goes into effect immediately, and will result in the dismissal of any active sexual harassment cases in the courts. The French government will need to pass a new law with a clear definition of prohibited conduct. The decision of the council cannot be appealed.

The original sexual harassment law, in place since 1992, defined the crime as an abuse of authority. The law was revised in 2002. The council on Friday found this new definition, which defines the crime as "the act of harassing others with the goal of obtaining sexual favors," is unconstitutionally vague. Last year, France signed a Council of Europe (COE) treaty vowing to end violence against women [JURIST report]. The treaty targets crimes including rape, forced marriage, female genital mutilation, sexual harassment, forced abortion and forced sterilization. In 2006, the COE released a report criticizing [JURIST report] France's human rights record and identifying impunity for domestic violence as a shortcoming in the French judicial system.




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UNESCO expresses concern over murders of Mexican journalists
Jaimie Cremeans on May 6, 2012 8:15 PM ET

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[JURIST] Director-General of the United Nations Educational, Scientific and Cultural Organization (UNESCO) [official website] Irena Bokova on Friday urged [press release] Mexican authorities to do everything in their power to solve the murders of three Mexican journalists discovered last week in Veracruz. Bokova found it "deeply disturbing" and sad that the last two journalists to be killed were found on Thursday, the same day as World Press Freedom Day [UNEOC website], on which journalists and the democratic value freedom of press are to be honored. Regina Martinez Perez, Gabriel Huge and Guillermo Luna Varela, all killed in the last week, are the latest of nine journalists in the region to be killed in the last 18 months. Bokova said these events "[reflect] an alarming state of affairs in the state of Veracruz."

The Mexican government has been taking steps to protect journalists. In March, the Mexican Senate unanimously passed [JURIST report] a bill making it a federal crime to attack journalists. Passage of this law came days after UN Special Rapporteur Margaret Sekaggya released a report [JURIST report] of threats faced by human rights journalists and called for extra protection of them. Sekaggya released a similar report in October, which said that human rights workers were still being harassed and attacked [JURIST report] even a decade after adoption of an international declaration for their protection. In September, Reporters Without Borders [advocacy website] released a report saying that almost 80 journalists had been targeted [press release] and attacked in Mexico in the last 10 years.




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Connecticut Senate approves medicinal marijuana bill
Jaimie Cremeans on May 6, 2012 8:10 PM ET

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[JURIST] The Connecticut Senate on Saturday passed HB 5389 [text, PDF], which will allow citizens to obtain marijuana for medical use under certain conditions. The law will make Connecticut the 17th state to allow sale of marijuana for medical use. Opponents of the law are concerned that people who do not qualify under the act might be able to get around restrictions and legally purchase marijuana with faulty prescriptions. The Connecticut law, however, seeks to eliminate this problem by requiring that qualified patients purchase only from licensed pharmacists who also must obtain a permit to dispense marijuana. The bill has already been passed by the state's House and now only needs to be signed by Governor Dannel Malloy (D) [official website], who has already voiced support [press release] for it.

Other states that have passed similar laws have run into trouble with conflicting federal laws regulating the production and sale of marijuana. In March, a federal court dismissed a suit [JURIST report] challenging US attorneys' authority to prosecute medical marijuana providers in California, saying the federal attorneys do have this authority. In January, the US District Court for the District of Montana [official website] ruled [JURIST report] that the state's laws allowing the sale of medical marijuana did not protect dispensers from federal prosecution. Connecticut has nevertheless been taking steps toward legalization of marijuana. Last year, the state passed a law [JURIST report] decriminalizing possession of small amounts of marijuana.




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9/11 suspects arraigned at military tribunal
Rebecca DiLeonardo on May 6, 2012 8:04 PM ET

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[JURIST] Khalid Sheikh Mohammed [BBC profile; JURIST news archive] and four of his alleged co-conspirators were arraigned on Saturday at a military tribunal in Guantanamo Bay for their involvement in the 9/11 attacks [JURIST backgrounders]. The hearing was prolonged by numerous interruptions from the defendants [AP report]. The defendants face charges of conspiracy, murder in violation of the law of war, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, destruction of property in violation of the law of war, hijacking aircraft and terrorism. The men could face the death penalty if convicted. Lawyers for the defendants have not indicated how their clients will plead in the upcoming trial. The next hearing will be June 12.

The US Department of Defense (DOD) [official website] referred charges [JURIST report] to a military commission in April against the five alleged conspirators, drawing criticism from groups like the American Civil Liberties Union (ACLU) [advocacy website] who said the trials should take place in federal court. The DOD announced in May that it had sworn charges against the five men [JURIST report] for the 9/11 attacks. Last April, US Attorney General Eric Holder [official website] announced the five defendants would be tried by a military commission [JURIST report] after the Obama administration abandoned attempts to have the 9/11 suspects tried in civilian courts. Holder had wanted the accused be tried before a federal civilian court [JURIST report] but referred the cases to the DOD after Congress imposed a series of restrictions [JURIST report] barring the transfer of Guantanamo detainees to the US.




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