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, June 7, 2012




Egypt reaches agreement on constitutional panel
Rebecca DiLeonardo on June 7, 2012 3:41 PM ET

Photo source or description
[JURIST] Egyptian lawmakers reached an agreement on the composition of the constitutional council on Thursday after a controversy over the political balance threatened to halt drafting of a new constitution. Egypt's Supreme Administrative Court in April effectively suspended [JURIST report] the work of the 100-member panel responsible for drafting the country's new constitution after ruling in favor of a lawsuit challenging the constitutionality of the formation of the panel. The new agreement is a compromise of competing political parties for membership on the council. The Supreme Council of the Armed Forces (SCAF) [NYT backgrounder] has indicated that the country will revert back to the 1971 constitution [UPI report] if the panel does not resume.

The composition of the constitutional panel has been intensely debated, and the domination of the proceedings by Islamists [JURIST reports] has been extremely controversial. The debate surrounding the composition of constitutional panel follows an Egyptian court ruling in February that the elaborate voting system in the parliamentary elections was unconstitutional [JURIST report]. The make-up of the constitutional panel could determine whether there will be an expansion of rights in the country. In January, Human Rights Watch (HRW) [advocacy website] called on Egypt's newly elected parliament to pursue an agenda to reform nine areas of Egyptian law [JURIST report] that impede freedom and restrict rights. Some of the suggested reforms included ending the state of emergency, reforming police law and expanding freedom of expression, strengthening the criminal penalties for police abuse, amending Egypt's definition of torture to be in line with international standards and allowing independent NGOs to operate lawfully in the country.




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


UN rights chief urges Pakistan to improve human rights
Rebecca DiLeonardo on June 7, 2012 2:58 PM ET

Photo source or description
[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] on Thursday urged [statement; press release] the Pakistani government to continue to work to improve its human rights situation. In particular, Pillay stressed that the government must work to eliminate institutionalized discrimination and to prevent torture and corruption. She also stressed the importance of emphasizing women's rights. In her statement, Pillay indicated that government accountability was the key to improvement in Pakistan:
Equality before the law and true democracy will only be achieved if there is genuine accountability of ALL state institutions to the elected civilian government and independent judiciary. During my visit, I heard of many instances in which the abduction, killing and intimidation of journalists, human rights defenders and lawyers are alleged to have been carried out by powerful and largely unaccountable state institutions, especially the military intelligence services.
Pillay offered the continued support of her office in Pakistan's efforts to introduce reform.

Pakistan has been under pressure recently to improve human rights conditions. Last week Pakistani President Asif Ali Zardari signed a bill authorizing the creation of an independent human rights commission [JURIST report] in Pakistan. Last April, the Human Rights Commission of Pakistan [official website], a non-government organization, harshly criticized the Pakistani government [JURIST report] for its poor human rights record and called on government officials to fix the human rights abuses occurring in the country. Earlier that month, the US Department of State [official website] released [JURIST report] the 2010 Country Reports on Human Rights Practices [materials]. The governments of Afghanistan and Pakistan were criticized for their conduct in the war against the Taliban and al Qaeda, but the 2008 Pakistani elections [JURIST report] were deemed "competitive and reflective of the people's will," restoring democratic rule and leading to some human rights progress.




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


Brazil apologizes to former political prisoners
Rebecca DiLeonardo on June 7, 2012 2:33 PM ET

Photo source or description
[JURIST] The Brazilian government on Monday issued an official apology to more than 120 former detainees of Brazil's military dictatorship, which ruled the country until 1985. It was made at a former holding facility in Rio De Janeiro during a reparation ceremony. The apology comes just after the Brazilian Access to Information Act took effect [JURIST report] last month, increasing government transparency. The law will allow citizens to seek access to information that has previously been shrouded in secrecy despite a constitutional provision [Article 5, XXXIII text] requiring public access to information. Speaking at a ceremony in May to mark the swearing in of a truth commission [JURIST report] that will investigate human rights abuses under the country's military dictatorship, Brazilian President Dilma Rousseff [official profile, in Portuguese] said, "the new law represents a major institutional improvement to Brazil, expression of the transparency of the State, guaranteeing basic security and protection for the citizens."

The new information law and the creation of the truth commission have been hailed by many as positive steps forward for Brazil. The commission is authorized to investigate abuses that occurred under Brazil's military dictatorship, which reigned the country from 1964 to 1985, but its findings will not lead to any trials [Al Jazeera report] due to a military-era amnesty. During the swearing-in ceremony, Rousseff, who was herself imprisoned for three years [BBC profile] during the military dictatorship, said "Brazil deserves the truth, new generations deserve the truth, and—above all—those who lost friends and relatives and who continue to suffer as if they were dying again each day deserve the truth."




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


House committee approves bill to sanction Russia officials linked to lawyer's death
Rebecca DiLeonardo on June 7, 2012 1:49 PM ET

Photo source or description
[JURIST] The US House Committee on Foreign Affairs [official website] voted Thursday to approve a bill [HR 4405 text, PDF] that would impose sanctions on Russian officials linked to the 2009 death of Russian lawyer Sergei Magnitsky [JURIST news archive]. If passed, the bill will bar the US State Department (DOS) [official website] from issuing visas to Russian officials connected with Magnitsky's death and will impose other sanctions, including making public the names of suspected officials and banning them from banking in the US. A private investigative report issued in November 2011 detailed the denial of medical treatment [JURIST report] to and severe physical abuse of Magnitsky, a former Russian lawyer and purported whistle-blower. He died [JURIST report] in a Moscow prison in November 2009. In a statement [press release], Ileana Ros-Lehtinen, Committee chairman, explained the bill:
This bill ... does what the Russian government should have done years ago, namely hold accountable those government officials and others who participated in the arrest, murder, or cover-up of Magnitsky or who benefited from his death. But it goes further than this single crime. It also requires that those responsible for the death, torture, or repression of individuals investigating crimes by Russian government officials, or who were simply trying to exercise their basic human rights, be publicly named and sanctioned.
Russian Prime Minister Dmitry Medvedev admitted in 2011 that the death of Magnitsky was the result of criminal acts, differing from his previous explanation which had blamed prison doctors.

Prior to his death, Magnitsky was held in prison for 358 days with little to no access to legal representation, his family or medical professionals. In a controversial move last August, Russian investigators reopened the case [JURIST report] against Magnitsky on the basis of a new ruling permitting criminal cases against the dead. Critics of this action, such as JURIST Contributing Editor David Crane, argue that the ongoing posthumous prosecution of Magnitsky is a violation of the rule of law [JURIST op-ed] and an embarrassment for the Russian judicial system. Last year, US lawmakers introduced a bill [JURIST report] to sanction individuals who are connected to Magnitsky's death.




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


China government proposes new regulations restricting Internet use
Rebecca DiLeonardo on June 7, 2012 1:16 PM ET

Photo source or description
[JURIST] The Chinese Ministry of Information and Technology [official website, in Chinese] revealed its proposed changes [text, in Chinese] to Chinese Internet law that seek to limit the ability of users to post anonymous comments on micro-blogs and forums. The law proposes that Internet users be required to register on certain sites using their real identity and that operators of sites be required to obtain licenses, keep records and assist in police investigations when necessary. The stated purpose of the proposed amendments is to promote national security and to encourage responsibility among Internet users and site operators. Chinese citizens have been invited to share comments [public notice, in Chinese] on the proposals until July 6.

China has faced criticism for its policy of strict Internet regulation. In 2010, the State Council Information Office of the People's Republic of China released a position paper [JURIST report] on the country's human rights record, claiming that it has heightened Internet freedoms and improved civil and political rights. In July of that year, Chinese Internet regulators planned to drastically reduce Internet anonymity [JURIST report] by requiring users to use their real names when posting on certain Chinese websites, according to Human Rights in China (HRIC) [advocacy website]. HRIC's revelation came on the heels of a June announcement that Google would continue to operate its google.cn Internet search engine in mainland China, ending a four-month period during which the site simply redirected to the uncensored google.hk [search websites; JURIST report] after the company threatened in January to pull out of China entirely [JURIST report]. Earlier that month, the Chinese government defended [JURIST report] its Internet censorship laws in a report on Internet usage in the country.




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


Israel lawmakers vote against legalizing unauthorized settlement
Sung Un Kim on June 7, 2012 12:21 PM ET

Photo source or description
[JURIST] The Israeli parliament on Wednesday voted 69-22 against a bill that would have legalized the unauthorized settlements in the West Bank on privately held Palestinian land. Prime Minister Benjamin Netanyahu [official website] urged lawmakers to vote against the bill [WP report] in the face of the country's Supreme Court [official website, in Hebrew] decision [JURIST report] ordering the 30 apartments in Ulpana neighborhood to be destroyed by July 1. The prime minister commented [press release] after the vote:
The State of Israel is a law-abiding democracy and as the Prime Minister of Israel I am committed to upholding the law and am I committed to uphold the settlement enterprise, and I tell you that there is no contradiction between the two. The draft law that was rejected today in the Knesset would have hurt settlement whereas the outline that I have decided upon—the expansion of the community, moving the homes and legal defense against any precedent—strengthens settlement.
Netanyahu also added that 300 new homes will be built in Belt-El. Additionally, Israel's Housing Minister Ariel Attias announced that additional 551 homes would be built in the West Bank settlement making it a total of 851 homes in the area. This announcement was heavily criticized by international authorities and the Palestinian government. The UN stated that all settlement construction in Palestinian territory is in violation of international law [UN News Centre report].

West Bank settlements have sparked tension between Israel and Palestinian authorities as well as criticism by international groups. Israel responded to international investigations into these settlements by announcing [JURIST report] in March that it will sever ties to the UN Human Rights Council (UNHRC) [official website]. The announcement came after the UNHRC initiated its investigation to determine the effect that Israeli settlements have had on the civil, political, economic and cultural rights of the Palestinian people. Israel argued that this investigation was founded on bias against Israel. A month before, Human Rights Watch [advocacy website] had urged [JURIST report] Israel to amend its policies that forbid Palestinians from traveling through and living in Gaza and the West Bank. Even in March 2010, UN Secretary-General Ban Ki-moon [official profile] called [JURIST report] in a press conference Israeli settlement construction in the West Bank "illegal."




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


Denmark parliament passes same-sex marriage legislation
Rebecca DiLeonardo on June 7, 2012 11:31 AM ET

Photo source or description
[JURIST] Denmark's Parliament [official website, in Danish] on Thursday voted to approve a bill that legalizes same-sex marriages [JURIST backgrounder] in the country's state Lutheran church ceremonies. Previously, same-sex unions were only permitted to be conducted in small ceremonies [AP report] at the end of formal church services. Although Denmark became the first country in the world to recognize same-sex unions [JURIST report], they have struggled to approve a law allowing full marriage rights. The new law allows priests to refuse to perform same-sex ceremonies. It is scheduled to go into effect on June 15.

Governments across the globe have struggled to define rights for same-sex couples. In May, the city of Buenos Aires passed a resolution [JURIST report] that will recognize same-sex marriages for non-citizens, making it the fourth district in Argentina to legalize such marriages. Earlier that month, the Israeli Knesset rejected a bill [JURIST report] that would have legalized civil marriages in the country. Earlier that week Rhode Island Governor Lincoln Chafee signed an executive order [JURIST report] requiring government agencies to recognize same-sex marriages performed out-of-state. Also in May, voters in North Carolina passed a constitutional amendment to ban same-sex marriage [JURIST report]. In March, Israel's Ramat Gan Family Court ruled that a lesbian couple can both be recognized as mothers of a child [JURIST report] they had together, finding that it would defy logic and common sense to deny parental rights to both women.




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


States should ensure right to water and sanitation: UN
Sung Un Kim on June 7, 2012 10:53 AM ET

Photo source or description
[JURIST] UN Special Rapporteur on the human right to safe drinking water and sanitation Catarina Albuquerque [official profile] on Wednesday strongly urged [news release] nations to support the human right to safe drinking water and sanitation during the UN Conference on Sustainable Development (Rio+20) [official website] that will take place in Brazil later this month. Albuquerque stated in an open letter [text, PDF] to States negotiating the Outcome Document of the Rio+20 Summit that a "sustainable development target for water and sanitation should aim at achieving access to safe and affordable drinking water and sanitation for all without discrimination, in sufficient quantities to protect human health and dignity, particularly for the most marginalized." She noted that the commitment to water and sanitation would be ineffective if the human right to such is not guaranteed. With that she pointed out that the language of the outcome document does not explicitly guarantee the right to water and sanitation.

The UN General Assembly [official website] in 2010 adopted [JURIST report] a resolution [materials] declaring that access to clean and sanitized drinking water is a basic human right. It was passed by a vote of 122-0 with 41 member states abstaining.




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


Iraq executes former Saddam Hussein official
Rebecca DiLeonardo on June 7, 2012 10:44 AM ET

Photo source or description
[JURIST] The Iraqi government has executed Abid Hamid Mahmud, a former bodyguard and secretary of Saddam Hussein [JURIST news archive], an official from the Iraqi Justice Ministry said Thursday. Mahmud was sentenced to death [JURIST report] by hanging in 2010 alongside former Iraqi foreign minister and deputy prime minister Tariq Aziz [BBC profile; JURIST news archive] and one other official, after being convicted of genocide in connection with his service under Hussein. The three officials were members of Saddam's Baath Party [BBC backgrounder] and were convicted for their roles in the persecution of various Iraqi religious parties, including the Dawa Party [party website]. Aziz remains in prison [AFP report], and it is unclear if his execution will be carried out

Death sentences for former Hussein officials have led to controversy. Aziz, who was sentenced to death in 2010, sought a pardon of his sentence after Iraqi President Jalal Talabani [BBC profile; JURIST news archive] said in an interview that he would not sign the execution order [JURIST report] for Aziz. Aziz's family had previously called for his release on health grounds, claiming he had two heart attacks and suffered a stroke [JURIST report] while in custody. Aziz has been in prison since 2003.




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


Mexico president signs climate change bill
Rebecca DiLeonardo on June 7, 2012 10:22 AM ET

Photo source or description
[JURIST] Mexican President Felipe Calderon [official website, in Spanish] has signed a climate change bill that will introduce sweeping environmental reform. The bill requires the country to reduce carbon dioxide emissions by 30 percent by 2020, requires 35 percent of its energy come form renewable sources by 2024, requires mandatory emissions reporting, establishes a carbon-trading market and creates a commission to oversee implementation of the changes. Calderon said on his Twitter [media website] page Tuesday that the bill has made Mexico the first developing nation [Twitter post, in Spanish] to pass such a law. The Mexican legislature passed the bill [JURIST report] in April, with a vote of 128-10 in the Chamber of Deputies and a unanimous vote in the Senate [official websites, in Spanish].

Mexico is following a global trend of countries implementing their own climate change laws rather then relying on international agreements such as the Kyoto Protocol [text; JURIST news archive]. In December Canada withdrew [JURIST report] from the Kyoto Protocol. Earlier in December 194 countries agreed to extend [JURIST report] the Kyoto Protocol until 2017 after they failed to institute a new internationally-binding climate change treaty in 2009. In November Australia passed a law that imposes a price on carbon emissions [JURIST report] in an effort to improve the environment and the country's economy. In 2007 the UK introduced its own climate change legislation [JURIST report], pledging to reduce carbon dioxide emissions by 60 percent by 2050. The Kyoto Protocol was adopted [JURIST report] in 2005.




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


Federal judge strikes down section of Defense of Marriage Act
Rebecca DiLeonardo on June 7, 2012 9:16 AM ET

Photo source or description
[JURIST] A federal judge in the US District Court for the Southern District of New York [official website] ruled [opinion, PDF] Wednesday that section 3 of the Defense of Marriage Act (DOMA) [text, PDF; JURIST news archive] is unconstitutional because it violates the principles of federalism. The ruling is the fourth federal decision finding that section 3, which denies federal marriage benefits to lawfully married same-sex couples, is an unconstitutional interference in a state's right to define marriage. The case involved a woman whose same-sex marriage was recognized in New York, but not by the federal government under DOMA. When her spouse died, she was required to pay over $360,000 in federal estate taxes; married couples are exempt from this tax. In her decision, Judge Barbara Jones found that the provision did not pass the lowest level of scrutiny, rational basis review [Cornell LII backgrounder]. The American Civil Liberties Union (ACLU) [advocacy website], which represented the plaintiff, praised the ruling [press release], saying, "This decision adds to what has become an avalanche of decisions that DOMA can't survive even the lowest level of scrutiny by the courts." In addition to striking down section 3 of DOMA, the judge ordered the US government to return the estate tax to the plaintiff.

DOMA faces legal challenges across the US. The bipartisan legal advisory group in charge of defending DOMA filed its brief [JURIST report] on Monday defending the constitutionality of section 3 of the act. Last week the US Court of Appeals for the First Circuit became the first federal appeals court to rule [JURIST report] that Section 3 is unconstitutional because it interferes with a state's right to define marriage. In May, a federal district judge in California also struck down section 3 [JURIST report] of DOMA. The Obama administration in March petitioned the US Court of Appeals for the Ninth Circuitfor an expedited en banc review of two test cases on the constitutionality of DOMA after the US District for the Northern District of California ruled that it was unconstitutional [JURIST reports]. The Department of Justice (DOJ), which no longer defends DOMA [JURIST report], has argued that laws affecting LGBT citizens should receive "heightened scrutiny" above rational basis.




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