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

[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.


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

[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."


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

[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.


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

[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.


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

[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.


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

[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.


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