JURIST Supported by the University of Pittsburgh
PAPER CHASE ARCHIVEDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.
Listen to Paper Chase!


Legal news from Thursday, May 10, 2012




UN SG urges Israel to try or release Palestinian prisoners on hunger strike
Sung Un Kim on May 10, 2012 2:32 PM ET

Photo source or description
[JURIST] UN Secretary-General Ban Ki-moon [official profile] on Wednesday urged [UN News Centre report] the Israeli government to try or release more than 1,000 Palestinian prisoners without delay to avoid any further risk on their health condition. The prisoners, who have been in Israeli custody, began their open-ended hunger strike two weeks ago to protest against unjust arrest procedures, arbitrary detention and bad prison conditions. Filippo Grandi, the Commissioner-General of the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) [official website], also expressed his concern [UN News Centre report] for the Palestinian prisoners especially two of the administrative detainees who are in serious conditions and in imminent danger of death.

On Monday the Israeli Supreme Court ruled against [JURIST report] two hunger striking Palestinian prisoners who sought release from their administrative detention. Earlier in May, Richard Falk, the UN Special Rapporteur of the occupied Palestinian territory [official website] called on Israel to comply with international standards [JURIST report] on how to treat prisoners on hunger strike because Israeli prison authorities have taken punitive measures against those detainees who have on hunger strike since April.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


DOJ files discrimination suit against Arizona sheriff
Jaclyn Belczyk on May 10, 2012 2:07 PM ET

Photo source or description
[JURIST] The US Department of Justice (DOJ) [official website] filed suit [complaint, PDF; press release] Thursday against Maricopa County, Arizona, the Maricopa County Sheriff's Office, and Sheriff Joe Arpaio [official websites] alleging discriminatory conduct. The DOJ claims that Arpaio and his department engaged in a pattern or practice of discriminatory and unlawful law enforcement actions against Latinos. According to the complaint, "Latinos in Maricopa County are frequently stopped, detained, and arrested on the basis of race, color, or national origin, and Latino prisoners with limited English language skills are denied important constitutional protections." The DOJ is seeking declaratory and injunctive relief to ensure that the sheriff's office implements policies to prevent discriminatory conduct. Speaking at a press conference [text], Assistant Attorney General for the Civil Rights Division Thomas Perez said:
The police are supposed to protect and serve our communities, not divide them. At its core, this is an abuse of power case involving a sheriff and sheriff’s office that disregarded the Constitution, ignored sound police practices, compromised public safety, and did not hesitate to retaliate against perceived critics. Constitutional policing and effective policing go hand-in-hand. Our complaint alleges that the defendants’ actions were neither constitutional nor effective.
The suit was filed in the US District Court for the District of Arizona [official website].

The DOJ conducted a comprehensive and independent investigation initiated in June 2008 under Section 14141 of the Violent Crime Control and Law Enforcement Act of 1994 [text, PDF] and Title VI of the Civil Rights Act of 1964 [DOJ materials]. In December the DOJ issued a 22-page letter of findings [text, PDF], which found reasonable cause that sheriff's office and Arpaio were engaged in a pattern or practice of unconstitutional conduct and violations of federal law. The DOJ attempted to reach a settlement, but negotiations were unsuccessful, and the lawsuit followed. Arpaio, who took office in 1993, has called himself "America's Toughest Sheriff." In 2008 a federal judge ordered him to take steps to remedy overcrowded and unhygienic conditions [JURIST report] in Maricopa County prisons.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Kosovo draft criminal code violates press freedom: HRW
Sung Un Kim on May 10, 2012 12:49 PM ET

Photo source or description
[JURIST] Human Rights Watch (HRW) [advocacy website] urged the National Assembly of Kosovo [official website] Wednesday to remove certain provisions in the draft criminal code that they claim violate freedom of the press [press release]. In a letter [text], HRW claims that articles 37 and 38 of the draft code will significantly interfere with journalists' work. Article 37 allows the punishment of journalists and makes them criminally liable for defamatory comments through any medium including the Internet. Article 38 subjects journalists to criminal prosecution if they refuse to provide their news sources who are criminals. Benjamin Ward, HRW Deputy Director for the Europe and Central Asia Division, pointed out at the end of the letter that:
Freedom of expression and of the media is guaranteed in both international and regional human rights instruments such as Article 19 of the International Covenant on Civil and Political Rights and Article 10 of the European Convention on Human Rights, international standards which Kosovo has pledged to respect.
The national assembly adopted the code on April 20, giving rise to various protests by journalists and media outlets. Kosovo's president Atifete Jahjaga did not give her final approval to the proposed code but returned it on Tuesday for reconsideration.

Journalists' rights are a persistent issue across the globe. Last month Idrak Abbasov, an Azerbaijan journalist, was the victim of a violent attack [JURIST report] by police and security personnel when he filmed the unlawful demolition of a house near the capital of Baku. The Committee to Protect Journalists (CPJ) [advocacy website] in February released [JURIST report] its annual Attacks on the Press report [text] which demonstrated the increase of censorship of journalists in 2011, including a 20 percent increase in imprisonment of journalists. Last May the journalism rights group Reporters without Borders (RSF) [advocacy website] released [JURIST report] a list of predators of press freedom [materials] including several Middle Eastern countries.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Argentina lawmakers approve gender identity law
Max Slater on May 10, 2012 11:58 AM ET

Photo source or description
[JURIST] The Argentine Senate [official website, in Spanish] approved a measure on Wednesday that allows people who want sex-change surgery or hormone therapy to have these treatments covered under their public or private health plans. The measure, known as the Gender Identity law, also allows any adult to change his or her gender or birth name on official documents without having to seek approval from a doctor or a judge. The Gender Identity law passed the Senate [Pagina 12 report, in Spanish] by a 55-0 vote, with more than a dozen senators declaring themselves absent. Senator Osvaldo Lopez [official profile, in Spanish], the only openly gay lawmaker in Argentina, praised the Gender Identity law. Argentine President Cristina Fernandez [official website, in Spanish] is expected to sign the measure into law.

Argentina has been at the forefront of gender rights in recent years. In July 2010 Fernandez signed a same-sex marriage bill into law [JURIST report], making Argentina the first Latin American nation to recognize same-sex marriage [JURIST backgrounder]. In November 2009 the mayor of Buenos Aires said that he would not appeal a court ruling that allowed same-sex marriage[JURIST report] in Argentina's capital. In 2002 Buenos Aires became the first Latin American city to legalize same-sex unions.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Netherlands court orders Internet providers to block file sharing website
Max Slater on May 10, 2012 10:51 AM ET

Photo source or description
[JURIST] A Dutch court on Thursday ordered [decision, PDF, in Dutch] Internet service providers (ISPs) in the Netherlands to block the file-sharing website The Pirate Bay [website] or else pay a fine of USD $12,750 per day. Rechtbank-Gravenhage [official website, in Dutch], a Dutch district court, issued its ruling on Thursday in favor of Stichting Brien [official website, in Dutch], an anti-piracy organization composed of artists, authors and producers against a group of Dutch ISPs. The court's ruling effectively blocks direct access to The Pirate Bay for Dutch consumers. Online piracy advocates say, however, that users can evade the ban on The Pirate Bay by accessing the site indirectly. The Dutch ISPs plan to appeal the ruling [AP report], saying that they do not have a duty to act as censors.

Internet piracy has been a contentious issue both in the US and abroad recently. In March, JURIST guest columnist Tony Niescier suggested [JURIST op-ed] that the US resolve Internet-related disputes through an online forum. In February, the European Commission [official website] asked the European Court of Justice [official website] to evaluate an anti-piracy agreement [JURIST report] to ease concerns that the agreement may lead to censorship. In January, the US House of Representatives [official website] postponed hearings [JURIST report] on the Stop Online Privacy Act (SOPA) after a highly constested provision of the bill was removed.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page

For more legal news check the Paper Chase Archive...


LATEST OP-ED

The War on Terror and the Need for Muslim Support
DOMESTIC
Faisal Kutty
Valparaiso University Law School

Get JURIST legal news delivered daily to your e-mail!

SYNDICATION

Add Paper Chase legal news to your RSS reader or personalized portal:
  • Add to Google
  • Add to My Yahoo!
  • Subscribe with Bloglines
  • Add to My AOL

E-MAIL

Subscribe to Paper Chase by e-mail. JURIST offers a free once-a-day digest [sample]. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.


R|mail e-mails individual Paper Chase posts through the day. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.

PUBLICATION

Join top US law schools, federal appeals courts, law firms and legal organizations by publishing Paper Chase legal news on your public website or intranet.

JURIST offers a news ticker and preformatted headline boxes updated in real time. Get the code.

Feedroll provides free Paper Chase news boxes with headlines or digests precisely tailored to your website's look and feel, with content updated every 15 minutes. Customize and get the code.

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org