Had Attorney General McKenna taken the formal legal position that only severability could protect the interests of the State of Washington and its citizens, and then filed contrary briefing in the federal courts, he would have violated his ethical duty to faithfully represent the interests of the State of Washington and its residents, would have improperly relinquished control over his role in the litigation to other attorneys general, and filed an erroneous brief to the US Supreme Court.

The lawsuit was initiated earlier this May when more than 90 women filed suit [JURIST report] against McKenna claiming that his opposition of the PPACA interfered with their full access to medical care. In March, the US Supreme Court heard the oral arguments [JURIST report] in the case of United States Department of Health and Human Services v. Florida [materials] challenging the PPACA. In January, 26 states submitted a brief [text, PDF] to the US Supreme Court challenging [JURIST report] the constitutionality of the expansion of Medicaid for the poor and disabled in the PPACA.

The right to die [JURIST news archive] has been a contentious issue in the US and around the world. Earlier this month, Georgia Governor Nathan Deal [official website] signed [JURIST report] a piece of legislation banning assisted suicide in the state. In 2011, an India high court ruled passive euthanasia was permitted [JURIST report] under certain circumstances, but rejected a petition for a mercy killing. In 2010, a German court ruled that removing a patient from life support is not a criminal offense [JURIST report] if the patient had previously given consent. In 2009, the Italian president refused to sign a government decree [JURIST report] that would stop the euthanasia of comatose women because it would violate the separation of power overturning a previous court ruling.

The blasphemy laws were introduced in 1986 as a way of protecting Muslim beliefs from insults. In response to repeated calls for repeal, Pakistani Federal Minister for Minority Affairs Shahbaz Bhatti has said the laws may be amended to prevent misuse, but they will not be repealed. Advocacy groups such as Human Rights Watch [JURIST report], as well as Lahore High Court advocate Saroop Ijaz [JURIST op-ed] have called for the laws to be repealed.

This ruling is contrary to a recent ruling by a court in Hamburg, Germany, in April. The court in that case ruled [JURIST report] that Google's YouTube must filter all content uploaded by users who do not own the materials. The lawsuit, brought by Germany's music copyright organization, GEMA [official website, in German], resulted in Google being held liable for any infringing materials posted on its website and placed upon the company the responsibility to immediately block such content to prevent further copyright infringement. Another case against Google concerning copyright infringement brought by Viacom [corporate website] was reinstated [JURIST report] by the US Court of Appeals for the Second Circuit [official website] in April. The case was dismissed [JURIST report] by the lower court holding that the Digital Millennium Copyright Act (DMCA) [text, PDF] requires more than a "general awareness" that videos might be posted illegally to hold Google and YouTube liable.

Also on Tuesday, the court issued a per curiam opinion [text, PDF] in Coleman v. Johnson [docket; cert. petition, PDF] upholding the conviction of Lorenzo Johnson as an accomplice and co-conspirator to murder, and overturning the decision below. Johnson argued there was not sufficient evidence to support his conviction, and that the conviction violated his right to due process. The US Court of Appeals for the Third Circuit ruled [opinion] that there was not sufficient evidence that Johnson intended to participate in the crime.

The court also declined to hear a series of cases addressing the authority of officers to use "tasers" against suspects. The court declined to hear Daman v. Brooks [docket; cert petition, PDF], Agarano v. Mattos [docket; cert petition, PDF], Brooks v. Daman [docket; cert petition, PDF], and Mattos v. Agarano [docket; cert petition, PDF], all of which deal with police authority to use "tase" suspects in particular situations. The court's denial preserves inconsistent standards set by appeals courts throughout the country.

The 1997 coup was the fourth of the military coups occurred in Turkey overthrowing sitting governments within 40 years. In April, the Ankara 12th High Criminal Court began its trial [JURIST report] of the last two surviving leaders of Turkey's 1980 coup, former general Kenan Evren [official profile] and former air force commander Tahsin Sahinkaya. The coup led to three years of military rule, during which 50 people were hanged and half a million arrested. The trial came after the court accepted the indictment against the two officials in January based on charges pressed [JURIST reports] by the prosecution a week earlier.

Qatada was granted political asylum by the UK in 1994. When he was arrested in 2001 under the Prevention of Terrorism Act 1989, police seized a sizable sum of money in various currencies for which no explanation was given. Later in 2001, he went into hiding to avoid being arrested and detained under the then-proposed Anti-Terrorism, Crime and Security Act 2001. He was arrested again in 2002 and held until March 2005 when he was released pursuant to a House of Lords judgment declaring his detention without trial to be unlawful. In February 2009 the ECHR ordered the UK to pay £2,500 in damages [JURIST report] to Qatada after determining that his imprisonment violated the European Convention on Human Rights [materials]. Despite his previous grant of asylum and fears of torture and persecution, UK Law Lords in February 2009 ruled that Qatada could be returned [JURIST report] to Jordan to face terrorism charges. The February decision overruled an April 2008 Court of Appeal decision blocking his deportation [JURIST report].

The relationship between Israel and Turkey deteriorated after Israel's Gaza blockade. In September, Turkey's Minister of Foreign Affairs Ahmet Davutoglu [official profile] announced [JURIST report] that Turkey will take Israel to the International Court of Justice (ICJ) [official website] for the legality of Israel's Gaza Strip [BBC backgrounder] blockade. In February of the last year, contrary to the UN report, the Turkish investigation into the flotilla incident concluded, after a year of investigation [JURIST reports], that Israel's naval blockade was illegal in violation of international law and that the Israeli soldiers used excessive, indiscriminate and disproportionate force on unarmed civilians as part of a full-fledged and well-planned attack. This report was also in direct contradiction to the findings of Israel's Turkel Commission [official website] which concluded that Israel did not violate [JURIST report] international law.

Last month UN High Commissioner for Human Rights Navi Pillay [official website] expressed concern [JURIST report] about threats to rule of law [press release] in Papua New Guinea. Pillay's concerns stemmed from actions taken by the government that she believed breach international human rights standards and adversely affect the judiciary and its ability to act independently. Pillay said the actions of both the legislature and the executive have curtailed the power of the judiciary and it can no longer function independently. In March, the Parliament passed a bill to refer judges to a system for dealing with misconduct. When the Supreme Court held that such a system was unconstitutional the legislature passed another law creating criminal sanctions [amendment text] against anyone who would not comply with the first law.

Desire Munyaneza [Trial Watch profile] was the first suspect who was charged under the act. He was sentenced [JURIST report] to life in prison by the Superior Court of Quebec [official website] after being convicted [JURIST report] on seven counts of genocide, crimes against humanity and war crimes. In January, the Canadian government deported [JURIST report] Leon Mugesera, another Rwandan war crimes suspect, because the Superior Court of Quebec ruled that the court did not have jurisdiction over immigration cases. He was accused of delivering a speech urging fellow Hutus to murder members of the Tutsi minority which directly led to the mass killing during the genocide.

Former president Arroyo has been a target of anti-corruption efforts by President Benigno Aquino [BBC profile]. Arroyo was arrested [JURIST report] in November in the hospital before she was able to leave the country to seek medical treatment. Corona presided over the court that voted to allow Arroyo to travel [JURIST report] to receive medical care, temporarily restraining the restrictions on Arroyo's travel in connection with several pending charges against her. Arroyo was president of the Philippines from 2001-2010. She left office after the Philippine Department of Justice (PDOJ) [official website] brought allegations of corruption against her. Arroyo was elected to the House of Representatives last year after the Philippine Supreme Court ruled her eligible to run [JURIST report], despite protests that she had an unfair advantage. In July 2010, Aquino signed an executive order [JURIST report] to set up a "truth commission" to investigate allegations that the outgoing administration engaged in corruption and rights violations.

The EU considers Bassem Tamimi to be a 'human rights defender' committed to non-violent protest against the expansion of an Israeli settlement on lands belonging to his West Bank village of Nabi Saleh. The EU attended all court hearings in his case and is concerned at the use of evidence based on the testimony of a minor who was interrogated in violation of his rights.

Israel has been heavily criticized failing to provide fair trials for Palestinian detainees and to maintain adequate prison conditions. Earlier in May, UN Secretary-General Ban Ki-moon [official profile] urged [JURIST report] the Israeli government to try or release more than 1,000 Palestinian prisoners, who were on an open-ended hunger strike, without delay to avoid any further risk on their health condition. Several days earlier, the Israeli Supreme Court refused [JURIST report] to grant release of two Palestinian prisoners. It reasoned that such policies were necessary to combat terrorism in Israel. A UN rights expert called [JURIST report] on Israel to comply with international standards on how to treat prisoners on hunger strike after he found that Israeli officials have taken punitive measures against the Palestinian prisoners who went on hunger strike.

Nepal has entered an uncertain constitutional and political period. The Government and the political leaders, as well as leaders of various communities, need to demonstrate the courage and wisdom to come together to address the challenges the nation faces. As an immediate priority, a political consensus on the way forward is essential to ensure stability and continuity. The work of constitution-making should resume without delay, building on what has so far been achieved, and the appropriate legitimate and representative mechanism for this should be found through consensus. These decisions will require flexibility, creativity, and above all the willingness to set aside lesser differences in the national interest.

Last week, the Supreme Court of Nepal [official website, in Nepali] ordered [JURIST report] the government to complete the final version of the new constitution by Sunday thereby rejecting the administration's request to extend the deadline by three months. The Constituent Assembly of Nepal (CA) [official website], responsible for drafting the constitution, was elected to a two-year term in 2008, but the term has already been extended four times [AP report] despite its pledge [JURIST report] to finish it by the end of April 2010. In April UN Deputy High Commissioner for Human Rights Kang Kyung-wha [official profile] spoke to the CA concerning the allegations [JURIST reports] of human rights violations committed during the country's civil war that lasted for a decade and took more than 13,000 lives. Nepal abolished [JURIST report] its monarchy and established the Republic of Nepal on December 28, 2007, and has since attempted to create a new constitution for the country but has failed to do so.

Tension between Bahrain's government and protesters has escalated recently. On Monday pro-democracy activist Abdulhadi Al-Khawaja [BBC profile; JURIST news archive] ended his hunger strike [JURIST report] weeks after he and 20 other incarcerated protestors were granted a retrial [JURIST report] by a Bahrain appeals court. Last week, Al-Khawaja's daughter, Zainab Al-Khawaja, was sentenced[JURIST report] to one month in prison for trying to organize an anti-government protest. Earlier this month, Human Rights Watch (HRW) [advocacy website] called for the immediate release [JURIST report] of the leader's of last year's anti-government protests, including Abdulhadi Al-Khawaja. In April, HRW issued a report claiming that Bahraini police were abusing detained protesters [JURIST report]. Earlier in April, Amnesty International [advocacy website] declared that Bahrain's government committed human rights violations [JURIST report] against anti-government protesters.

On Thursday the UN's three-member Independent International Commission of Inquiry on Syria released [JURIST report] a report [text, PDF] that alleged Syrian security forces as well as anti-government groups are responsible for the continuing violence in Syria including torture of children. Syria has been urged to end the escalating violence against civilians that started in March of last year. Human Rights Watch (HRW) [advocacy website] released numerous reports alleging that Syrian government forces committed war crimes against civilians and thereby violated human rights within the last few months. In early May, HRW reported [JURIST report] such violation when government forces killed at least 95 civilians in the province of Idlib during ceasefire negotiations. In April, HRW released [JURIST report] a report showing that Syrian security forces have executed more than 100 civilians and opposition fighters.

Tension between Bahrain's government and protesters has escalated recently. A court in Bahrain on Thursday sentenced [JURIST report] Zainab Al-Khawaja, Abdulhadi Al-Khawaja's daughter, to one month in prison for trying to organize an anti-government protest. Earlier this month, Bahraini authorities arrested [JURIST report] prominent human rights activist Nabeel Rajab. Also in May, Human Rights Watch (HRW) [advocacy website] called for the immediate release [JURIST report] of the leader's of last year's anti-government protests, including Abdulhadi Al-Khawaja. In April, HRW issued a report claiming that Bahraini police were abusing detained protesters [JURIST report]. Earlier in April, Amnesty International [advocacy website] declared that Bahrain's government committed human rights violations [JURIST report] against anti-government protesters.