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Legal news from Monday, June 4, 2012




Kuwait man sentenced to 10 years for posting insulting comments on Twitter
Sung Un Kim on June 4, 2012 3:54 PM ET

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[JURIST] A Kuwait court on Monday sentenced a man to ten years of imprisonment for posting insulting and defaming comments about the Prophet Muhammad [BBC backgrounder] and the Sunni Muslim [BBC backgrounder] rulers of Saudi Arabia and Bahrain on Twitter [media website]. Judge Hisham Abdullah found 26-year-old Hamad al-Naqi, a Shia Muslim [BBC backgrounder], guilty on all charges of endangering state security and ordered the maximum sentence for him. al-Naqi was found guilty of having insulted the prophet Muhammad, the prophet's family and companions, the religion of Islam and the rulers of Saudi Arabia and Bahrain. Al-Naqi had pleaded not guilty [BBC report] at the beginning of his trial, which opened last month, arguing that he did not post the comments on the website and that his Twitter account was hacked. Additionally, al-Naqi's lawyer argued that even if his client wrote the comments on Twitter, he could not be found guilty of charges of endangering state security. However, Abdullah found him guilty of misusing his cell phone to publicize and spread his comments. Additionally, the judge reasoned that he gave the maximum verdict to deter others.

A similar case arose last year when two men were detained for posting messages on the Internet criticizing Middle East rulers on social media websites Twitter and YouTube [media website]. Human Rights Watch (HRW) [advocacy website] called [JURIST report] on the government to immediately release them, calling the detention merely an "illegal effort to punish him and intimidate others who might dare be critical about Kuwait's fellow Gulf monarchs." Such practices are not only found in Kuwait. In April of last year, an Egyptian military court convicted [JURIST report] blogger Maikel Nabil and sentenced him to three years in prison for criticizing the army and raising questions over reform in the wake of revolution.




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Bahrain government files lawsuit against opposition party
Rebecca DiLeonardo on June 4, 2012 3:45 PM ET

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[JURIST] The Justice Ministry of Bahrain on Sunday announced that it would file a lawsuit seeking to ban the Islamic party known as the Islamic Action Society, or Amal, a party composed of mostly Shiite Muslims who have been critical of the monarchy. Reports on Monday indicated that the Ministry of Justice alleges that Amal has engaged in illegal activity, including inciting escalating political tension [AP report] in the country. Members of Amal are among the 20 rights activists who will receive retrials [JURIST report] along with prominent activist Abdulhadi Al-Khawaja [BBC profile; JURIST news archive].

Tension between Bahrain's government and opposition groups has escalated recently. Last week pro-democracy activist Al-Khawaja ended his hunger strike [JURIST report] weeks after he and 20 other incarcerated protestors were granted a retrial by a Bahrain appeals court. Earlier in May, Al-Khawaja's daughter, Zainab Al-Khawaja, was sentenced [JURIST report] to one month in prison for trying to organize an anti-government protest. Also in May, Human Rights Watch (HRW) [advocacy website] called for the immediate release [JURIST report] of the leaders 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.




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UN SG urges nations to increase counterterrorism efforts
Sung Un Kim on June 4, 2012 3:05 PM ET

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[JURIST] UN Secretary-General Ban Ki-moon [official website] urged [remarks] countries on Sunday to increase their efforts to counter the prevalent threat of terrorism [JURIST news archive]. At a second meeting of the advisory board of the UN Centre for Counter-Terrorism (UNCCT) [official website] in Jeddah, Saudi Arabia, Ban stated that nations have to work together to prevent and counter terrorism having a detrimental global effect. Ban mentioned the UNCCT Strategy [A/RES/60/288, PDF] is the "cornerstone of a truly global multilateral response" to terrorism. He also discussed ways to effectively enforce the strategy including collaboration among nations to implement the strategy, adoption of the strategy at regional levels where terrorism is prevalent and regionally-led responses were ineffective, and developing institutional and technical capacities at the national level. In addition to the main methods of implementing the strategy, Ban also mentioned the importance of creating a culture that is respectful to diversity and engages in inter-community relations.

The UNCCT Strategy was first introduced in 2006 after UN leaders failed to meet their goal of completing it in 2005 [JURIST report]. In 2011, a contribution agreement was signed between the UN and the Permanent Mission of the Kingdom of Saudi Arabia to the UN for the creation of UNCCT. Terrorism has become a concern around the world. In May, a Canadian resident pleaded guilty [JURIST report] for being involved in fundraising for a banned terrorist group. In March, the trial started [JURIST report] against the retired Turkish General Ilker Basbug [official website, in Turkish]. He was charged with terrorism. In January, a Norwegian court convicted [JURIST report] under the country's anti-terror laws two men accused of planning an attack against a Danish newspaper.




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Azerbaijan releases youth activist
Rebecca DiLeonardo on June 4, 2012 2:39 PM ET

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[JURIST] The Supreme Court in Azerbaijan on Monday ordered that youth activist Bakhtiyar Hajiyev be released nine months early on the condition that he remain in the country. Hajiyev, a conscientious objector (CO), was imprisoned last March after he failed to register for mandatory military service. Advocacy group Freedom Now [advocacy website] said [press release] on Monday that they were pleased Hajiyev was released, but that they expected the government to "fully investigate Mr. Hajiyev's mistreatment while in detention and to allow Mr. Hajiyev to continue his important work promoting the cause of democratic reform in Azerbaijan." In May, a group of bipartisan US Senators wrote a letter [text, PDF] to Azerbaijani President Ilham Aliyev [official website; BBC profile] expressing concern about Hajiyev's treatment and the government's failure to provide him the opportunity to pursue alternative public service, an option listed in the Azerbaijan Constitution [text, PDF]. The Supreme Court' decision to release Hajiyev comes two days before US Secretary of State Hilary Clinton [official website] is scheduled [travel information] to meet with Aliyev.

Hajiyev was arrested on March 4, 2011. After his arrest he was able to send a hand-written letter [RFE/RL report, in Azeri] to friends indicating that he had been abused and threatened by Azerbaijani police. Sarah Paulsworth, JURIST contributor and University of Pittsburgh Law student, criticized [JURIST Dateline] the government's treatment of Hajiyev and called for reform of the government's treatment of all COs seeking alternative public service.




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Kazakhstan court sentences oil workers up to seven years for December unrest
Sung Un Kim on June 4, 2012 2:24 PM ET

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[JURIST] A court in Kazakhstan [official website] sentenced 13 out of 37 defendants to between three and seven years of imprisonment for their participation in unrest last December that resulted in at least 15 deaths and hundreds of injuries. The unrest occurred in a remote desert oil town of Zhanaozen when oil workers demanded higher pay and better conditions, but the oil company refused and responded by terminating their employment. Sixteen of the remaining defendants faced conditional sentences [BBC report] while five defendants were given amnesty and three were acquitted. During the trial, relatives of defendants threw bottles at the judge, claiming that the defendants were subject to torture during the investigation. Five police officers were sentenced for abuse of power for using excessive force and violence against defendants. Officials, however, claim that they acted out of self-defense.

Kazakhstan has been criticized for its failure to comply with international human rights standards. In April, 47 individuals were sentenced [JURIST report] to 15 years imprisonment for their involvement in terrorist attacks and financing extremist activities. However, the trial and information pertaining to it were not entirely accessible to the public, and the lack of transparency has raised concerns of possible human rights violations. In October, Kazakhstan's President Nursultan Nazarbayev [official website, in Kazakh; BBC profile] signed [JURIST report] into law a bill dissolving religious organizations and requiring re-registration. This new bill and its endorsement by the president drew a number of criticisms that the law unnecessarily limits the freedom of religion. The president's signing came after the country's parliament approved [JURIST report] the bill few weeks earlier. In April of last year, the president also fired [JURIST report] six supreme court justices for corruption.




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Japan cult member arrested in connection with subway gas attack: report
Rebecca DiLeonardo on June 4, 2012 2:03 PM ET

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[JURIST] Japanese police have arrested one of the last fugitive members of Aum Shinrikyo [FAS backgrounder] suspected of involvement in a nerve gas attack on the Tokyo subway system in 1995, a Japanese newspaper reported on Monday. The attacks killed 12 people and sickened over 5,500 more. Naoko Kikuchi is one of two suspects of the gas attacks who remains at large. She and her boyfriend were reportedly arrested [BBC report] in Sagamihara, Japan after she was identified by a witness. Japanese police have not confirmed the arrest.

Authorities in the past year have come close to ending the investigation and prosecution of suspects in the 1995 gas attacks. In January, police arrested Makoto Hirata [BBC report], another Aum Shinrikyo member connected to the attacks. To date, 200 members of the cult have been convicted of crimes relating to gas attacks, with 13 facing the death penalty. Among those sentenced to death are prominent member Seiicho Endo [JURIST report] and cult leader Shoko Asahara [BBC profile; JURIST report].




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Denmark court sentences men to 12 years for terrorism plot
Sung Un Kim on June 4, 2012 1:46 PM ET

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[JURIST] The Glostrup City Court on Monday sentenced four men to 12 years in prison for their attempt to kill people inside the office of Danish newspaper Jyllands-Posten (JP) [media website]. Mounir Ben Mohamed Dhahri, Munir Awad, Omar Abdalla Aboelazm and Sabhi Ben Mohamed Zalouti, all Swedish residents of African or Middle Eastern origin, attempted a shooting spree in JP's headquarters in 2010 as retaliation for publishing drawings of the Islamic prophet Muhammed [JURIST news archive] in 2005. The publication offended many Muslims and created numerous incidents resulting in violence and death [JURIST reports]. The prosecution had offered evidence of recordings that contained communications between the four men revealing their plans against the newspaper. Most of them were arrested in Denmark when they arrived from Sweden a few hours before the planned shooting spree. During the arrest, the police had found automatic guns and USD $20,000 in their possession.

The Muhammad cartoon controversy has sparked numerous terror attack attempts on the newspaper. In January, a Norwegian court convicted [JURIST report] two men accused of planning an attack against JP. The case constituted the first case under the country's anti-terror laws. Earlier last year, a Danish court sentenced [JURIST report] Somali Islamist Muhideen Mohammed Geelle to nine years in prison for his 2010 attack on Kurt Westergaard, illustrator of the cartoon after the prosecution amended [JURIST report] the complaint by adding charge of terrorism in January.




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Supreme court rules on equal protection in taxation
Rebecca DiLeonardo on June 4, 2012 1:20 PM ET

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[JURIST] The US Supreme Court [official website] on Monday ruled 6-3 [opinion, PDF] in Armour v. Indianapolis [SCOTUSblog backgrounder] that a tax amnesty program did not violate the Fourteenth Amendment [text] rights of those citizens who had already paid the taxes in full. The case involved an Indianapolis tax scheme that was changed mid-project such that several residents were forgiven the remainder of their balances on that tax. The petitioners, a group of citizens who paid their taxes in full, argued that this program violates their rights to Equal Protection under the law. The majority held that the Indianapolis program satisfied the rational basis requirement under the 14th Amendment: "This Court has long held that 'a classification neither involving fundamental rights nor proceeding along suspect lines ... cannot run afoul of the Equal Protection Clause if there is a rational relationship between the disparity of treatment and some legitimate governmental purpose.'" Chief Justice Roberts, joined by Justices Scalia and Alito, filed a dissenting opinion: "Indiana law promised neighboring homeowners that they would be treated equally. ... The City then ended up charging some homeowners 30 times what it charged their neighbors. ... The equal protection violation is plain."

The court heard oral arguments [JURIST report] in March. The petitioners had appealed from an Indiana Supreme Court [official website] ruling for the city [opinion text]. Indianapolis assessed a property tax [SCOTUSBlog report] on citizens in a certain residential area to fund a new sanitation project in 2001. Residents were given the option of paying the $9,278 tax in full, or paying it in increments over several decades. Several paid in full, while others paid considerably under the installment plan. In 2005, the city decided to revise the tax policy to fund the plan, and forgave the remaining balances on all of the residents. This put many in the position where they had paid above the new $2,500 fee for the sanitation project. The city government refused to refund those taxes, but property owners were refunded in a private suit. They then pursued litigation against the forgiveness policy that had allowed other property owners to pay below the initial tax.




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Russia court orders new hearing in case against BP
Sung Un Kim on June 4, 2012 12:46 PM ET

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[JURIST] The Federal Arbitration Court in Tyumen on Monday ordered a new hearing in a lower court in a lawsuit against British Petroleum (BP) [corporate website]. The suit was brought by minority shareholders in BP's Russian venture, TNK-BP, alleging that the venture suffered financial losses because of its exclusion in the deal between BP and Rosneft [corporate websites] last year. The shareholders are seeking damages of USD $13 billion. Although the original suit was rejected by the court, Monday's order effectively gives the plaintiffs the opportunity to present their case. BP's lawyer criticized this development stating that Russia currently does not provide any predictable and effective legal system on which parties and their lawyers could successfully rely. The date for the new hearing has not yet been set.

BP has faced numerous lawsuits and is still involved in litigation, especially in the wake of the 2010 Deepwater Horizon oil spill [BBC backgrounder; JURIST news archive] in the Gulf of Mexico. In May, the US District Court for the Eastern District of Louisiana [official website] signed [JURIST report] a case management order for the upcoming trial between BP and the victims in 2013. In April, the judge accepted the terms of a settlement reached in March [JURIST reports] between BP and the plaintiffs in which BP is required to pay around $7.8 billion in two separate agreements, one to resolve economic loss claims and another to resolve medical claims.




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Supreme Court rules secret service agents protected by qualified immunity
Rebecca DiLeonardo on June 4, 2012 12:19 PM ET

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[JURIST] The US Supreme Court [official website] ruled unanimously [opinion, PDF] Monday in Reichle v. Howards [SCOTUSblog backgrounder] that two secret service agents are entitled to qualified immunity [Cornell LII backgrounder] in a lawsuit alleging retaliatory arrest. The petitioners are two Secret Service agents who arrested the respondent, Steven Howards, following an encounter with then-US vice president Dick Cheney. Petitioners had probable cause to arrest Howards, who in violation of 18 USC § 1001 [text] falsely denied making unsolicited physical contact with the vice president. Howards later brought a First Amendment [text] retaliatory arrest claim against petitioners. The issues before the court were (1) whether the existence of probable cause to make an arrest bars a First Amendment retaliatory arrest claim; and (2) whether the purported right under the first amendment is "clearly established," such that the arresting officers did not have qualified immunity. The court declined to rule on the first issue, which remains unclear, and ruled that the officers did have qualified immunity. The court found that its decision in Hartman v. Moore [opinion], which dealt with retaliatory prosecution, created uncertainty in the area of retaliatory arrests:
Hartman injected uncertainty into the law governing retaliatory arrests, particularly in light of Hartman's rationale and the close relationship between retaliatory arrest and prosecution claims. This uncertainty was only confirmed by subsequent appellate decisions that disagreed over whether the reasoning in Hartman applied similarly to retaliatory arrests. Accordingly, when Howards was arrested it was not clearly established that an arrest supported by probable cause could give rise to a First Amendment violation. Petitioners Reichle and Doyle are thus entitled to qualified immunity.
Justice Thomas announced the opinion of the court. Justice Ginsburg filed a concurring opinion, joined by Justice Breyer. Justice Kagan took no part in the case.

The Supreme Court granted certiorari in the case in December and heard arguments [JURIST reports] in March. Monday's ruling overturns the decision [text] of the US Court of Appeals for the Tenth Circuit, holding that the First Amendment claim is not barred and that petitioners are not entitled to qualified immunity on the First Amendment claim.




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China detains hundreds of activists on anniversary of Tiananmen Square massacre
Sung Un Kim on June 4, 2012 11:14 AM ET

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[JURIST] Chinese authorities on Monday detained hundreds of activists in Beijing marking the twenty-third anniversary of the Tiananmen Square [BBC backgrounder] crackdown. The arrests came a day after the US urged [press statement] China to free Tiananmen Square activists who are still in detention. The US also has called on China Sunday to ensure the universal human rights of its citizens and to stop its discriminatory practice against human rights activities. China still views the June 4 demonstration as a rebellion and has not released those who were sentenced for their participation in the demonstration of 1989. It also prohibits any mentioning of the incident in the state media as well as on the Internet. Numerous petitioners were rounded up in buses, registered and sent home. Taiwanese President Ma Ying-jeou [official website, in Chinese], also gave his statement [text] concerning the June 4 incident. He noted that China enjoyed economic growth in the past few years but suffered from stagnation of political reform. He said that China should use the June 4 incident as an opportunity to move toward a "more diverse, open, and democratic society" by addressing the problems of the event and trying to solve it. The Tiananmen Square massacre in 1989 involved the death of several hundred civilians. They were killed during the government's attempt to dissolve a democratic protest in Beijing's Tiananmen Square.

China is still criticized for its lack of human rights protection and its actions against human rights activists. On Sunday, Amnesty International (AI) [advocacy website] urged [JURIST report] the Chinese government to release Tibetan protesters who had been imprisoned for demonstrating against Chinese rule over Tibet. In May, Chinese activist Chen Guangcheng [BBC profile; JURIST news archive] asked [JURIST report] the US to "try harder" to promote the rule of law in China. He revealed that Chinese officials are corrupt and engage in unlawful activities that would deprive citizens of their basic human rights. During the same month, Human Rights Watch [advocacy website] reported [JURIST report] that the Chinese para-police organization is abusing its power by using excessive force against civilians and arresting them despite their lack of authority to do either. In April, a Beijing court sentenced [JURIST report] a Chinese housing activist and lawyer who assisted victims of governmental land seizures to two years and eight months in prison for fraud and "inciting disturbance" in the city.




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Supreme Court to hear case on detention incident to search warrant
Rebecca DiLeonardo on June 4, 2012 10:43 AM ET

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[JURIST] The US Supreme Court [official website] granted certiorari [order list, PDF] Monday in Bailey v. United States [docket; cert. petition, PDF] to determine whether police officers may lawfully detain individuals incident to a search warrant when those individuals have left the premises before the search warrant could be executed. The defendant has argued that the detention, which occurred after he drove one mile away from his home, was a violation of his Fourth Amendment [text] rights. The US Court of Appeals for the Second Circuit ruled against the defendant [opinion], holding that police are permitted "to detain the occupant of premises subject to a valid search warrant when that person is seen leaving those premises and the detention is effected as soon as reasonably practicable."

Also on Monday, the court declined to hear two related cases, Scrushy v. United States [docket; cert. petition, PDF] and Siegelman v. United States [docket; cert. petition, PDF], involving allegations of bribery against former Alabama governor Don Siegelman [personal profile; JURIST news archive] and former HealthSouth [corporate website] CEO Richard Scrushy [JURIST news archive]. Scrushy and Siegelman were originally convicted [JURIST report] in 2006 on multiple counts of misconduct and bribery in connection with a $500,000 payment from Scrushy for Siegelman's 1999 campaign debts in exchange for a seat on a state-operated review board that regulates hospitals. The US Court of Appeals for the Eleventh Circuit reversed two of the convictions [JURIST report] in May of last year, while upholding the other convictions.

The court also declined to hear the case of four former employees of Blackwater [JURIST news archive], now known as Academi, challenging the reinstatement of manslaughter charges against them. Slough v. United States [docket; cert. petition, PDF] revolves around a 2007 shooting incident [JURIST report] in the Nisour Square area of Baghdad that left 17 Iraqi civilians dead. A subsequent FBI [official website] investigation revealed that 14 of the deaths were unjustified acts of excessive force [NYT report]. The US District Court for the District of Columbia initially dismissed the charges [JURIST report] because it found the decision to prosecute the men was "tainted" by the use of immunized statements. The US Court of Appeals for the District of Columbia Circuit reinstated the case [JURIST report] in April 2011.




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Rwanda urged to stop assisting DRC war crimes suspect
Sung Un Kim on June 4, 2012 10:33 AM ET

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[JURIST] Human Rights Watch (HRW) [advocacy website] on Monday urged Rwanda [BBC backgrounder; JURIST news archive] to stop assisting an accused war criminal [press release] in the Democratic Republic of the Congo [BBC backgrounder; JURIST news archive] who is wanted by the International Criminal Court (ICC) [official website]. General Bosco Ntaganda [case materials] is wanted [warrant, PDF] by the ICC for recruiting and using children as soldiers. HRW revealed after field research that Rwanda allowed Ntaganda to freely move in and out of the country while supplying him with weapons, ammunition and forced recruits. It was reported that around 200 to 300 recruits were forced to join Ntaganda's rebellion in the eastern DRC. Among them were children younger than 18 years of age. HRW discovered that recruits who attempted and failed to escape were killed. Anneke Van Woudenberg, a senior Africa researcher at HRW, urged the Rwandan government to "immediately stop all support to Ntaganda and assist in [Ntaganda's] arrest."

HRW has called numerous times for Ntaganda's arrest. In April HRW strongly urged [JURIST report] Congo President Joseph Kabila to arrest Ntaganda immediately and deliver him to the ICC so that he could face charges. It also called the DRC in 2011 and 2010 [JURIST reports] to bring the general to justice. The arrest warrant was unsealed [JURIST report] by the ICC in 2008 although the warrant was issued two years before. ICC stated that it postponed to make the arrest public to prevent Ntaganda to flee, hide and obstruct the investigations.




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Mongolia ex-president on trial for corruption
Rebecca DiLeonardo on June 4, 2012 9:55 AM ET

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[JURIST] Former Mongolian president Nambar Enkhbayar went on trial for corruption charges on Monday. Enkhbayar was arrested in April and charged with corruption and abuse of power during his time as president until 2009. Enkhbayar told reporters that he believed his trial was politically motivated [BBC report] in order to affect his chances in the upcoming election on June 28. He was arrested on April 13, shortly after releasing confidential government files documenting the response to a 2008 riot. In May, Amensty International (AI) [advocacy website] expressed concern [press release] about Enkhbayar's treatment while in prison. Enkhbayar was released on on May 14 [BBC report] when he was hospitalized for health issues associated with a 12-day hunger strike.

Enkhbayar lost the presidential election [JURIST report] in 2009 when Mongolia Democratic Party [party website, in Mongolian] candidate Tsakhiagiin Elbegdorj [Taipei Times profile] defeated him in the country's general election. Educated in the US, Elbegborj ran on a platform of fighting corruption and redistributing profits from the country's mining operations to Mongolian residents. Enkhbayar's Communist Party had originally refuted claims that Elbegdorj had won the election, but later accepted the results [BBC report]. In 2008, Enkhbayar declared a state of emergency [JURIST report] following protests against the results of parliamentary elections in the country. At least five people were killed and more than 700 people were detained as a result of the protests. The Democratic Party had called for new elections [Reuters report] because of alleged fraud, but Enkhbayar has said that both parties have agreed to address the riots under established law [Xinhua report].




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Libya high court to review controversial speech law
Sung Un Kim on June 4, 2012 9:31 AM ET

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[JURIST] The Supreme Court of Libya on Sunday agreed to rule on a controversial law [Law 37, PDF, in Arabic] that criminalizes and punishes speech and propaganda endangering the security of the state or glorifying former leader Muammar Gaddafi [BBC obituary; JURIST news archive]. The law prohibits speech and other expression that would interfere with "military efforts to defend the country, terrorizes people, or weakens the morale of citizens" and allows for charges for "insults [to] Islam, or the prestige of the state or its institutions or judiciary, and every person who publicly insults the Libyan people, slogan or flag." Saleh al-Marghani, the lawyer challenging the law, argued that Law 37, passed last month by the country's National Transitional Council (NTC) [official website, in Arabic], violates the right to freedom of speech. The law faced harsh criticism by civil rights groups such as Human Rights Watch (HRW) [advocacy website; JURIST report] at time of its initial introduction because of its intrusive nature and excessive censorship. Elham Saudi, director of Lawyers for Justice in Libya [advocacy website], stressed the fact that this case is the first opportunity for the judiciary to review NTC's law since the creation of the NTC and expressed in a press statement [text]:
This marks a unique opportunity for the judiciary in Libya to assert its independence and act in its capacity as a monitor of the powers of the lawmakers in the country. This is an opportunity for the judiciary to state clearly to all Libyans and to the world at large that the new Libya will be one where the rule of law is upheld, the separation of power is enforced and Libyans' rights and freedoms are protected.
Seventeen Supreme Court judges will hear the case in public hearings, and al-Marghani needs nine judges to rule in favor of the appeal to stop the law from going in effect. The law will be analyzed under the NTC's Constitutional Declaration [text, PDF] of 2011.

Libya is still attempting to recover from the effects of its months-long conflict [JURIST backgrounder] and the fall of Gaddafi's regime. While the country is in the process of bringing the parties responsible to justice, it is still facing criticism for numerous human rights violations. Last week the International Criminal Court (ICC) [official website] postponed [JURIST report] the transfer of Gaddafi's son, Safi al-Islam Gaddafi [BBC profile; JURIST news archive], to the ICC's jurisdiction after the Libyan government challenged the admissibility of the case in the ICC. On the same day, the Libyan government began its prosecutions [JURIST report] of various senior officials who had served Gaddafi. Among them is Libya's ex-intelligence chief, Abdullah al-Senussi, who faces charges [JURIST report] of illegally entering the country of Mauritania. In addition to these proceedings, the NTC has faced criticism for enacting laws that opponents claim are not based on the rule of law, such as a law passed [JURIST report] in May that allows police to detain people who are considered "threats to security" for up to two months. In March, the UN Secretary-General Ban Ki-Moon [official profile] urged [JURIST report] Libya to investigate into the alleged human rights violations committed during the Libya conflict.




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Egypt prosecutor to appeal Mubarak trial verdict
Rebecca DiLeonardo on June 4, 2012 9:16 AM ET

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[JURIST] Egyptian prosecutors plan to appeal the verdict in the trial of former Egyptian president Hosni Mubarak [Al Jazeera profile, JURIST news archive] and his associates, a court official told reporters on Sunday. An Egyptian court on Saturday found Mubarak guilty of complicity in the killing of protesters during the Arab Spring protests and sentenced him to life in prison [JURIST report]. The court also found former Interior Minister Habib al-Adli guilty of the same charge and sentenced him to a term of life imprisonment. Mubarak's sons, Alaa and Gamal, along with six security officials, were acquitted of their charges of corruption. Mubarak himself was also acquitted of corruption charges. The chief prosecutor had asked for the death penalty [JURIST report] for Mubarak and some of his associates in his closing remarks. Under Egyptian law, the prosecutor must appeal the entire decision [AP report], including the life sentence, in order to have his case heard on appeal.

Mubarak's ten-month trial marks the first time a former Arab leader has been held accountable [Reuters report] for his actions in a court of law. Rights group Amnesty International [advocacy website] released a statement on Saturday criticizing the verdict [press release] as failing to deliver full justice because Mubarak's sons and security officials were not punished for their alleged participation in the violence. Human Rights Watch [advocacy website] also commented on Mubarak's sentence [press release], believing the verdict sends a message to future Egyptian leaders that they are not immune from the law. Mubarak's trial ended in February [JURIST report] after the lead prosecutor in the case asked the presiding judge for a death sentence in his closing remarks. The prosecution began presenting its case [JURIST report] against Mubarak in January. Mubarak's trial started [JURIST report] in August 2011 and made slow progress.




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