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Legal news from Sunday, May 13, 2012




Egypt court rules presidential elections can go forward on schedule
Keith Herting on May 13, 2012 5:21 PM ET

Egypt
[JURIST] Egypt's Supreme Administrative Court on Saturday overturned the ruling of a lower court that would have postponed the upcoming presidential elections. Last Wednesday, a provincial court in the town of Benha ruled to suspend the elections following alleged administrative errors. The Supreme Administrative Court's decision to overturn clears the way for elections to go forward as scheduled on May 23-24. The court also declared that the Egyptian Constitutional Court [official website, Arabic] can review the legitimacy of a law that was approved by the ruling army [JURIST reports] which banned candidates who had achieved the rank of party leader or higher during the regime of former president Hosni Mubarak [Al Jazeera profile; JURIST news archive]. The ruling allows Ahmed Shafiq, the man who was briefly Mubarak's prime minister at the end of his regime, the ability to remain in the race until that court rules.

Egypt has been in the process of restructuring its government since protests led to the resignation of Mubarak [JURIST report] last year. Last month, an Egyptian court ordered the suspension of a constitutional panel [JURIST report], which consisted of about 100 people charged with writing the country's new constitution because Egyptian lawyers alleged its members were not chosen constitutionally. Egypt is also in the process of trying Mubarak for assisting in the killing of protestors last year. His trial ended in February, and a judge has set the verdict date [JURIST reports] for June 2.




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Moldova urged to adopt anti-discrimination law
Keith Herting on May 13, 2012 4:18 PM ET

Moldova
[JURIST] The UN Office of the High Commissioner for Human Rights (OHCHR) on Friday implored the Moldovan government [official website] to adopt a comprehensive anti-discrimination law [statement]. The proposed law, in development since 2008, is seen as a large step forward for religious minorities, the Roma population and LGBT rights in the nation. OHCHR spokesperson Ravina Shamdasani, noted that:
One of the most contentious provisions of the law is that it will outlaw discrimination on the basis of sexual orientation. Given the hostility facing lesbian, gay, bisexual and transgendered people in Moldova, including hate speech by politicians and public officials, it is imperative that this provision remain in the law. As the High Commissioner has repeatedly stressed, acts of discrimination and violence against lesbians, gays, bisexuals and transgendered people are violations of international human rights law and must be outlawed.
The Moldovan parliament is currently studying and debating the law.

UN High Commissioner for Human Rights Navi Pillay [official profile], has been vocal in her support [JURIST report] of this law's implementation since her visit to the Eastern European nation last November. Moldova has taken several steps in recent years to become a more democratic nation. Last year the country joined the International Criminal Court (ICC) [official website] after becoming the 114th signatory to the Rome Statute [JURIST report] in October 2010. During her visit last year, Pillay observed that the "country is clearly on the road to strengthening its democracy, and aims at a number of ambitious reforms" despite the current lack of human rights enforcement for certain segments of the population.




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Sri Lanka releases information on thousands detained since civil war
Jerry Votava on May 13, 2012 12:29 PM ET

Photo source or description
[JURIST] The Sri Lanka Police [official website] on Sunday released the names of thousands of people being held under that country's anti-terror laws. The release [AFP report] comes three years after the end of the country's 26-year civil war with the Liberation Tigers of Tamil Eelam (LTTE) [JURIST news archive]. The announcement is the first release of this type of information by the Sri Lankan government. This information release is likely in response to continued calls from the international community to address human rights concerns in the country. In March the UN Human Rights Council (UNHRC) [official website] urged [JURIST report] the government of Sri Lanka to adequately investigate alleged war crimes that occurred during the civil war.

The Sri Lankan government has faced various allegations of human rights violations and war crimes by civil rights organizations and the UN since the end of its civil war in 2009. In November the Sri Lankan government was subjected to criticism for its failure to investigate [JURIST report] issues of torture for past human rights violations and to enforce laws against continued torture and ill-treatment by government officials against civilians. In April 2011 a UN panel of experts on Sri Lanka found credible allegations of war crimes [JURIST report] committed during the country's war with the LTTE, warranting further investigation. In June 2010 UN High Commissioner for Human Rights Navi Pillay [official website] called for an international inquiry [JURIST report] into the conduct of the Sri Lankan government during its civil war.




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Chile high court blocks new hydroelectric dam in Patagonia
Jerry Votava on May 13, 2012 12:03 PM ET

Photo source or description
[JURIST] The Supreme Court of Chile [official website, in Spanish] on Friday issued a ruling preventing the construction of a new hydroelectric dam in Patagonia. The dam was one of three hydroelectric plants proposed by Energia Austral [project website], a private joint-venture between Xstrata Copper and Origin Energy Limited, to supply power to nearby communities and copper mines. The court found [Reuters report] that the project failed to file a required land study despite the project's proposed construction in a legally protected area. The environmental advocacy group Chile Sustentable [advocacy website, in Spanish] welcomed the decision, and hailed it [press release, in Spanish] as "a tremendous achievement for the citizens."

The decision to allow the construction of dams in Patagonia has been a controversial one. In April the Supreme Court of Chile ruled [JURIST report] that a hydroelectric dam by HidroAysen [project website, in Spanish], a private Chilean venture, in Patagonia did not violate the constitutional rights of the environmental groups opposing the project. In June 2011 a Chilean appeals court ordered the temporary suspension [JURIST report] of the USD $10 billion HidroAysen project, approving three petitions challenging government authorization of the dam construction and granted the plaintiffs' petition for injunction. The court lifted the temporary suspension [Reuters report] in October 2011 allowing work on the project to move forward and spurring a constitutional challenge by environmentalists.




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Federal appeals court revives lawsuits against Abu Ghraib contractors
Keith Herting on May 13, 2012 7:58 AM ET

[JURIST] A 14-judge panel for the US Court of Appeals for the Fourth Circuit [official website] ruled 12-2 [opinion, PDF] Friday that the earlier dismissal [JURIST report] of lawsuits against two Abu Ghraib [JURIST news archive] contractors on the grounds that they have immunity as government contractors was premature. The court sent the cases against CACI International Inc. and L-3 Communications Holdings Inc. [corporate websites] back to the district court for fact-specific scrutiny to determine the validity of their immunity claims. According to the en banc decision of the appeals court, the case must be remanded because, "[t]he appellants are requesting immunity in a context that has been heretofore unexplored. These are not disputes in which facts that might be material to the ultimate issue have been conclusively identified." Prior to the decision of the appeals court, the US Department of Justice (DOJ) [official website] filled an amicus brief [text, PDF] claiming that torture claims are not subject to immunity and that the case should be remanded to the district court.

A three-judge panel of the Fourth Circuit dismissed the claims [JURIST report] against CACI International Inc. and L-3 Communications Holdings Inc. [opinions, PDF] September, holding that federal law protecting civilian contractors acting under the control of the US military in a combat situation preempted the plaintiffs' tort claims based in state law. US military personnel have also been accused of torturing detainees at Abu Ghraib prison. Army Spc. Charles Graner [JURIST news archive], the convicted ringleader of abuses committed at the prison, was released [JURIST report] last August for good behavior after serving more than six-and-a-half years of his 10-year sentence. Graner was convicted [JURIST report] in 2005 of conspiracy, assault, maltreating prisoners, dereliction of duty and committing indecent acts and received the longest sentence of the six others involved in the abuses. In June, the DOJ initiated a grand jury investigation [JURIST report] into the torture and death of a detainee at Abu Ghraib. Manadel Al-Jamadi was captured [JURIST report] by US Navy SEALs in 2003 and held in Abu Ghraib as a "ghost detainee," or unregistered prisoner, for his suspected involvement in the bombing of a Red Cross center in Baghdad that killed 12 people. The US military has never revealed the exact circumstances of his death, which was ruled a homicide [JURIST report]. Reports show he died while suspended by his wrists, which were handcuffed behind his back.




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