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Legal news from Friday, June 8, 2012




Thailand court sentences Indian financier to jail for embezzlement
Max Slater on June 8, 2012 4:11 PM ET

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[JURIST] A court in Thailand sentenced former Indian financier Rakesh Saxena to 10 years in prison on Friday for embezzling tens of millions of dollars from a bank in Thailand during the 1990s. The Bangkok South Criminal Court, found Saxena guilty [Reuters report] of five counts of securities fraud between 1992 and 1996 when he was an adviser for the Bangkok Bank of Commerce. The court said that Saxena stole between $60 million and $82 million from the Bank of Commerce for his own personal use during his tenure there. Saxena's embezzlement caused the bank's collapse [BBC report] in 1996, which eventually caused a banking crisis that wreaked havoc across Asia. The court also ordered [Bangkok Post report] Saxena to pay 1.132 billion baht (USD $35.7 million) in damages. Saxena plans to appeal the ruling. More than two dozen fraud cases relating to the Bangkok Bank of Commerce are still pending.

Embezzlement is a major legal issue around the globe. Three weeks ago, Italy's high court cleared [JURIST report] former prime minister Silvio Burlesconi [BBC profile; JURIST news archive] of embezzlement and fraud charges related to his commercial broadcast company, Mediaset. In November, Guatemalan President Alvaro Colom [official website] declared [JURIST report] that he will allow former president Alfonso Portillo [CIDOB profile, in Spanipersh] to be extradited to the US for charges including embezzlement and money laundering. Earlier in November, the State Tax Service of the Ukraine [official website] announced formal charges [JURIST report] against former prime minister Yulia Tymoshenko [personal website; JURIST news archive] for embezzlement and tax evasion.




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Idaho prosecutor to ask prison for full access to execution
Rebecca DiLeonardo on June 8, 2012 3:14 PM ET

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[JURIST] Idaho Deputy Attorney General Michael Gilmore said on Thursday that he will ask the warden of an Idaho prison to change the prison policy that limits public access to executions. The Associated Press [media website] and 16 other newspaper agencies have filed suit to gain full access to the proceedings. The US Court of Appeals for the Ninth Circuit [official website], which is currently hearing the appeal, requested on Thursday that the prosecutor speak to the warden. The appeals court has not delivered a decision on the case. A judge for the US District Court for the District of Idaho [official website] on Tuesday rejected [JURIST report] the petition for full access submitted by news agencies. The Idaho Department of Correction (IDOC) [official website] execution policy allows witnesses to view the execution only after the "inmate has entered the execution chamber, has been restrained, intravenous ("IV") catheters have been placed and medical personnel have left the viewable area of the execution chamber." The plaintiffs in this case sought a preliminary injunction, a permanent injunction and declaratory relief alleging that IDOC's policy violates the First Amendment. They specifically sought a preliminary injunction for the procedure in the execution of Richard Leavitt [case materials] which will take place on June 12. District Judge Edward Lodge reasoned that the plaintiffs have failed to timely file the motion for an expedited preliminary injunction because it was filed only 19 days before the scheduled execution.

States other than Idaho have received some attention regarding their death penalty procedures. In February, the US Supreme Court denied [JURIST report] Ohio's request to proceed its execution of Charles Lorraine, a 45-year-old man who was convicted in 1986 of killing an elderly couple. There was a growing concerns that the state deviates too often from its lethal injection rules for which the execution was delayed by federal courts. In November of last year, the Chief Justice of the Ohio Supreme Court, Maureen O'Connor opened the first meeting of the state's death panel review committee which was formed [JURIST reports] in September to provide "guidance on the current laws on the subject, the practices in other jurisdictions, the data, the costs, and many other aspects associated with the death penalty."




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Federal judge cancels Apple-Motorola patent trial
Max Slater on June 8, 2012 3:13 PM ET

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[JURIST] A judge for the US Court of Appeals for the Seventh Circuit [official website] on Friday dismissed a patent infringement lawsuit brought by Apple against smartphone rival Motorola [corporate websites]. Judge Richard Posner, sitting in as a trial judge for the US District Court for the Northern District of Illinois [official website], dismissed the case with prejudice, saying that neither party could establish a right to relief. Throughout the legal proceedings, Posner expressed frustration [Daily Tech report] with both Apple and Motorola, implying that the companies were wasting the court's time with unclear arguments. Posner was also angered that neither party could justify the large sums they claimed that their patents were worth. He declared he would issue a longer opinion later in the week and that he could change his mind.

Apple and Motorola have been locked in many legal battles in recent years. In February, Apple sued Motorola [JURIST report] in federal court in California seeking an injunction to stop Motorola from bringing patent claims against Apple in Germany. In October 2010, Apple sued Motorola in federal court in Wisconsin, claiming [JURIST report] that several of Motorola's products infringed on six patents owned by Apple.




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ICTY prosecutor updates Security Council on progress
Sung Un Kim on June 8, 2012 2:51 PM ET

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[JURIST] Prosecutor Serge Brammertz [official profile] of the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] Thursday reported [text, PDF] the court's Completion Strategy to the UN Security Council [official website]. In his address [press release, PDF], Brammertz updated the Council on the progress of pending cases, including the cases of Ratko Mladic [ICTY case materials; JURIST news archive], a former Commander of the Bosnian Serb Army, and Radovan Karadzic [ICTY case summary, PDF; JURIST news archive], a former Bosnian Serb leader. The prosecutor said he was grateful for continued international support but cited two main grievances: first, Serbia's failure to investigate and prosecute those who aided the fugitives and second, Bosnia and Herzegovina's slow progress in processing investigative materials. Brammertz reported that Serbia has promised a more in-depth investigation into the fugitive networks. He urged BiH to expedite transfers of materials to the ICTY.

On Tuesday, judges from the ICTY began a five-day visit [JURIST report] to locations relevant to the indictment of Karadzic. In May, Brammertz announced that Mladic is mentally and physically fit to stand trial. The ICTY had ordered a medical exam [JURIST report] of him in November of last year upon his lawyers' protest that their client is not fit to stand trial. He had pleaded not guilty to all charges two months after the ICTY delayed [JURIST reports] his trial based on the defense lawyers' request to do so in order to sift through the extensive amount of files. A day after, the trial chamber of the ICTY ordered [JURIST report] a six-week suspension of the trial in the case against Karadzic to allow the defense lawyers to review 32,000 pages and 200 hours of video material that the prosecution sent to them in January.




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Zimbabwe president opposes probe of alleged rights violations
Rebecca DiLeonardo on June 8, 2012 2:38 PM ET

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[JURIST] Zimbabwean President Robert Mugabe [BBC profile; JURIST news archive] called Friday on South African officials to oppose an investigation into allegations of human rights violations committed by members of his Zimbabwe African National Union-Patriotic Front (ZANU-PF) party. Mugabe denied the allegations [AP report], suggesting they were racially motivated. In May, a South African court ordered an investigation [JURIST report] into the allegations. Judge Hans Fabricius held that South Africa is obligated under international law to conduct the investigation because it is a signatory of the 1998 Rome Statute [text, PDF] since 2002. Mugabe said the court did not have jurisdiction in Zimbabwe and warned that an investigation could harm South Africa's relationship with Zimbabwe.

This order derives from the legal action commenced [JURIST report] in March by various human rights groups urging South African courts to prosecute those responsible for crimes against humanity. Zimbabwe has been criticized in the past for such violations including torture and forced labor of civilian workers in illegal mining camps [JURIST report].




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UN rights chief: US drone attacks in Pakistan legally dubious
Max Slater on June 8, 2012 2:35 PM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] declared on Friday that US drone strikes in Pakistan raise grave legal concerns under international law. Pillay expressed particular concern that the drone strikes do not comport with the international law principles [BBC report] of proportionality and distinction. Pillay also called for an investigation [AFP report] into civilian deaths caused by drone strikes, saying that such deaths are a violation of human rights. The US has attempted to justify its drone strike policy on the grounds that the strikes are necessary in order for the US to be able to defend itself.

The legality of drone strikes has been a controversial issue in recent months. In October, JURIST contributing editor Jeffrey Addicott asserted [JURIST op-ed] that the CIA drone strike in September [JURIST report] that killed senior al Qaeda leader and US citizen Anwar al-Awlaki [BBC backgrounder; JURIST news archive] was legal under the law of war. Prior to the drone strike that killed al-Awlaki, the Obama administration issued a memorandum [JURIST report] justifying the legality of such an action. In August, JURIST guest columnist Laurie Blank argued [JURIST op-ed] that the US government's claim that drone strikes in Pakistan have caused zero civilian casualties belied serious concerns about American interpretation and adherence to the laws of war.




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Quebec sues tobacco companies for health costs
Rebecca DiLeonardo on June 8, 2012 2:16 PM ET

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[JURIST] The government of Quebec on Friday announced that it is filing a lawsuit [motion, PDF, in French; press release, in French] against tobacco companies to recover the costs of treating citizens with tobacco-related illnesses. The government indicated that the lawsuit will be based on the companies' failure to report health risks [AFP report] to citizens. Under Canada's national healthcare, each province bears the cost of their citizens' medical bills. Quebec will file suit under the Tobacco Damages and Health Care Costs Recovery Act (CRA) [text], which makes tobacco manufacturers liable to the provinces for health care costs. Quebec will be the fifth Canadian province to sue under the Act, with similar lawsuits already filed in Ontario, British Columbia, New Brunswick and Newfoundland. Other provinces have indicated that they may file lawsuits as well.

The Supreme Court of Canada allowed [JURIST report] lawsuits under the CRA to move forward in July 2011 when it ruled [materials] that individual provinces are able to sue tobacco companies. In 2001 British Columbia attempted to recover from 14 tobacco companies funds that the government had spent paying for medical care of those afflicted with tobacco-related illnesses. They based their claim on the CRA. In that case, the appealing tobacco industries alleged that Canada is also a manufacturer and supplier of cigarettes and that this preempts their liability. The court refuted this understanding finding that Canada is not a manufacturer under the Act. The Court allowed British Columbia's claim against several tobacco companies to proceed, but did not rule on the merits of the claim. This decision opened the door for suits from all the provinces worth potentially billions of dollars of damages against the tobacco industry.




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UN expert urges member states to stop deporting Haiti citizens
Sung Un Kim on June 8, 2012 2:03 PM ET

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[JURIST] Michel Frost, the UN Independent Expert on the situation of human rights in Haiti, renewed his call on Wednesday to UN member states to cease the deportation of Haitian citizens to Haiti [BBC backgrounder]. In his report [text, PDF] that was presented to the General Assembly of the UN Human Rights Council [official website], Frost revealed that there has been a severe and ongoing humanitarian crisis since the 2010 earthquake [BBC backgrounder; JURIST news archive] in Haiti. Civilians in Haiti are suffering from diseases caused by insufficient access to water, food and medical attention, and others are dying from the cholera epidemic that already killed more than 7,000 people. Frost noted that forced return may constitute a violation of human rights and of Article 17 of the International Covenant on Civil and Political Rights (ICCPR) [text]. He recommended that states enact laws that will help to end forced deportation and protect vulnerable groups from discriminatory deportation practices. Frost's call was supported by the University of Miami School of Law Human Rights Clinic [academic website] and Fanm Ayisyen Nan Miyami (FANM)/Haitian Women of Miami [advocacy website]. The Human Rights Clinic filed an emergency petition [text, PDF] with the Inter-American Commission on Human Rights (IACHR) [official website] to stop the deportation of Haitian citizens residing in the US.

Conditions in Haiti have been a topic of international concern since the devastating 2010 earthquake. In February, the US Department of State (DOS) [official website] sent a team [JURIST report] of international law experts to Haiti to assess how to reinforce the Haitian judiciary's power and independence. One of the main goals of the team was to investigate the ruling [JURIST report] of Haiti's Investigative Magistrate Carves Jean who held that former president Jean-Claude Duvalier [BBC backgrounder; JURIST news archive] will not stand trial for crimes against humanity, including torture, false imprisonment, rape and murder during his reign between 1971 and 1986. This goal was echoed by Frost who praised the significant progress of Haiti's rule of law but expressed his disappointment [JURIST report] of Haiti's ruling for Duvalier.




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Military judge denies motion to dismiss Wikileaks charges
Rebecca DiLeonardo on June 8, 2012 1:51 PM ET

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[JURIST] Army Col. Denise Lind on Friday denied a motion to dismiss eight of the 22 charges against Pfc. Bradley Manning [advocacy website; JURIST news archive] for allegedly transferring vast amounts of classified information to Wikileaks [website; JURIST news archive]. The defense had argued that the charges against Manning were unconstitutionally vague. Manning's trial is scheduled to begin in September, but Lind indicated it could be delayed until November [AP report]. Manning's defense has argued that he never should have been deployed to Iraq or entrusted with confidential information because he is emotionally troubled since he was barred from openly serving as a gay man, and the leaks did not hurt US national security. The US Army has responded that Manning's actions indirectly aided al Qaeda [AP report].

The US military court referred Manning's case for court-martial [JURIST report] in February. Last month UN Special Rapporteur on torture the Juan Mendez accused the US government of cruel and inhuman treatment [JURIST report] against Manning. A US Army panel of experts declared Manning competent to stand trial [JURIST report] last April. Manning's prosecution has sparked heated debate between defenders and critics. Those who support Manning's actions refer to him as courageous for acting as a whistleblower [advocacy petition] against government crime and corruption. He has been compared to famous US whistleblowers such as Frank Serpico and Daniel Ellsberg [personal websites], who leaked information regarding corruption in the New York Police Department and the Pentagon, respectively.




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Ivory Coast ex-president asks to postpone ICC hearing
Sung Un Kim on June 8, 2012 1:21 PM ET

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[JURIST] Lawyers for former Ivory Coast president Laurent Gbagbo [BBC profile; JURIST news archive] requested on Thursday that the International Criminal Court (ICC) [official website] postpone the confirmation of charges hearing which is scheduled for June 18. The lawyers argued that if the hearing in their client's case [case materials] takes places as planned, Gbagbo will not receive a fair trial. They claimed that Gbagbo's limited financial resources compared to the resources of the prosecution have affected his ability to build his case. Additionally, Gbagbo argued that his team faced hostility throughout the investigation in the Ivory Coast [BBC backgrounder; JURIST news archive], creating additional unbalance between the two sides.

Gbagbo's hearing date was set [JURIST report] in December during his pre-trial hearing [ICC press release] in the Pre-Trial Chamber III of the ICC. During the hearing the court verified Gbagbo's identity and ensured that he was informed of the four charges against him, including murder, persecution, inhumane acts, and rape and other forms of sexual violence allegedly committed during last year's post-election violence [JURIST news archive] in the Ivory Coast. A month earlier, he was taken into custody [JURIST report] by the ICC after national authorities of the Ivory Coast surrendered him to the international court.




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UN rights official calls on Israel to release Palestinian detainees
Rebecca DiLeonardo on June 8, 2012 1:21 PM ET

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[JURIST] UN Special Rapporteur on the occupied Palestinian territories Richard Falk [official website] on Friday called on Israel to release two Palestinian detainees [statement] who have been on hunger strike for several weeks. Falk reported that Mahmoud Sarsak and Akram Rikhawi, who have been on hunger strikes for 82 and 58 days respectively, are in poor health and remain detained although no charges have been filed against them. Falk expressed concern [UN News Centre report] about Israel's policy of detaining Palestinians for indefinite periods without filing charges. He called on Israel to immediately cease this practice and release all prisoners detained without charges:
These individuals are protesting against their detention without charges and are suffering immensely for it. There is no acceptable basis for continuing to hold these persons, and Israel will be responsible if any permanent harm results. ... If Israeli officials cannot present evidence to support charges against these men, then they must be released immediately. Israel must end the appalling and unjust treatment of Palestinian prisoners and the international community needs to raise its voice and take steps to end Israel's flagrant misuse of administrative detention.
Falk said that he has requested information on all of Israel's 300 detainees who are held in administrative detention without charges. He said he intends to investigate each case.

Israel has been continuously criticized for its treatment of Palestinian detainees. Amnesty International (AI) on Tuesday urged Israel to release all prisoners [JURIST report] of conscience and administrative detainees or immediately try them under international fair trial standards. Last month UN Secretary-General Ban Ki-moon called on Israel to try or release more than 1,000 prisoners [JURIST report] who had been on hunger strike to avoid health risks. Earlier the same month, the Israeli Supreme Court ruled against [JURIST report] two detainees who had been on hunger strike in their appeal seeking release from detention. During the same month, Falk expressed his concern [JURIST report] for the continued human rights violations in Israel's prisons. He called on the country to comply with the international standards of how to treat detainees.




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Canada dismisses UN torture criticism
Sung Un Kim on June 8, 2012 11:59 AM ET

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[JURIST] The Canadian Department of Justice [official website] on Thursday refused to acknowledge last week's criticism from the UN Committee Against Torture (UNCAT) [official website] that Canada has been complicit in torture. During a court hearing in Ottawa for Abdullah Almalki, the federal lawyers asked the Justice Charles Hackland of the Ontario Superior Court of Justice [official website] why the court hears the case if the UN has the last word anyway. Almalki's lawyers argued that the government should either release documents related to Almalki by September or face stricter sanctions. With this argument, the lawyers presented a copy of the UN decision for support which the government opposed claiming that the document is irrelevant in this case. The UNCAT released [JURIST report] a report [text, PDF] last week finding that Canada was complicit in rights violations against three Canadians, Almalki, Ahmad El Maati and Muayyed Nureddin, who were held prisoner in Syria and against Omar Khadr [DOD materials; JURIST news archive], who is currently detained at Guantanamo Bay [JURIST backgrounder]. The UNCAT demanded Canada apologize and provide compensation.

The committee also urged the country to grant Khadr's request for a transfer from Guantanamo to Canada for the remainder of his sentence to avoid any future mistreatment. The Canadian Supreme Court [official website] had ruled in 2010 that treatment of Khadr violated his rights. Khadr had applied [JURIST report] for a transfer in April but the Canadian government has not yet responded to his request. The Canadian Foreign Affairs Minister Lawrence Cannon [official profile] announced [JURIST report] in 2010 that it would not seek repatriation of Khadr.




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Malawi declines to host African Union summit over al-Bashir invitation
Max Slater on June 8, 2012 11:49 AM ET

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[JURIST] The government of Malawi announced on Friday that it will not host the African Union (AU) [official website; JURIST news archive] summit in July after the AU invited Sudanese president and war crimes suspect Omar al-Bashir [JURIST news archive] to the summit. Bashir is wanted by the International Criminal Court (ICC) [official website] on genocide and international war crimes charges. Malawian President Joyce Banda [official profile] stated that she wanted to prevent Bashir from attending the summit in order to avoid offending international donors [AFP report] to Malawi. Malawi's government received a letter from the AU [AP report] saying that Malawi cannot choose who is invited to the summit. The summit is now scheduled to be held at AU headquarters in Addis Ababa, Ethiopia.

Malawi has been at the center of controversy recently regarding al-Bashir. In December, the ICC referred Malawi [JURIST report] to the UN Security Council [official website] for failing to arrest al-Bashir when he visited Malawi in October. Shortly following al-Bashir's October visit, the ICC requested [JURIST report] that Malawi's government explain its decision not to arrest him. Earlier in October, immediately before al-Bashir's visit to Malawi, Amnesty International (AI) [advocacy website] urged [JURIST report] Malawi's government to arrest al-Bashir when he entered the country.




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Maryland same-sex marriage repeal to appear on ballot
Rebecca DiLeonardo on June 8, 2012 11:48 AM ET

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[JURIST] Opponents of Maryland's new same-sex marriage law [SB241, PDF] have obtained enough signatures to challenge the legislation in a referendum, according to an unofficial count [PDF] posted on Maryland's State Board of Elections [official website]. The count suggests that the petition has gained over 70,000 signatures, which is well over the requirement [WP report] of about 55,000. The petition was organized by the Maryland Marriage Alliance [advocacy website], an advocacy group that opposes same-sex marriage [JURIST backgrounder]. The group reports that they turned in more than 120,000 signatures on May 29. The Board of Elections has not officially verified the signature count. Maryland joined the seven states that allow same-sex marriage [JURIST report] in March when Governor Martin O'Malley [official website] signed the Civil Marriage Protection Act.

Same-sex marriage continues to be a controversial issue in the US. An advocacy group in Washington presented more than 200,000 referendum signatures on Wednesday seeking to overturn [JURIST report] recently signed same-sex marriage legislation. In May 25 gay and lesbian couples filed two lawsuits against Illinois Governor Pat Quinn challenging the constitutionality of the state's same-sex marriage ban. In March, Maryland legalized same-sex marriage, joining Washington, New York, Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and the District of Columbia [JURIST reports]. On the other hand, North Carolina voters in May approved [JURIST report] a constitutional amendment to ban same-sex marriage.




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Russia president signs controversial protest legislation
Rebecca DiLeonardo on June 8, 2012 11:19 AM ET

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[JURIST] Russian President Vladimir Putin [official website, in Russian] on Friday signed [press release, in Russian] into law a controversial bill which greatly increases penalties for protesters who violate demonstration regulations. It was passed by both houses [JURIST report] of the Russian Parliament earlier this week. The new law raises the maximum fines [JURIST report] for participating in an unsanctioned rally from 2,000 rubles (USD $60) to 300,000 rubles ($9,000) meaning a 150-fold increase. For public officials, the fine is 600,000 rubles ($18,000). The Kremlin party, or United Russia [party website, in Russian], which currently has the majority in the lower house, proposed the law in advance of a planned opposition protest on June 12. The President's human rights council on Thursday advised him to veto the bill [AFP report], which it concluded was a violation of the Russian Constitution.

The controversial bill received preliminary approval [JURIST report] from the State Duma in May by a vote of 236-207 on the first reading. Putin has supported the new bill throughout the legislative process. Russia has been criticized for violating citizens' right to free expression. Earlier this month prominent Russian gay rights activist Nikolai Alekeyev, who was arrested in April, became the first to be convicted under a St. Petersburg city ordinance [JURIST report] that prohibits the spreading "homosexual propaganda" to minors.




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Switzerland court partially rules for Google in privacy case
Sung Un Kim on June 8, 2012 11:16 AM ET

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[JURIST] The Supreme Court of Switzerland [official website, in German] announced [official statement, PDF, in German and English] Friday that it has ruled partially for Google [corporate website; JURIST news archive] in a case over privacy violations through its Street View service. The federal tribunal based in Lausanne held that Google is not compelled to completely blur all faces and license plates but should do so manually if someone files a complaint. In sensitive areas, such as schools, hospitals, courts and prisons, Google is compelled to conduct a full anonymization of all persons and indicators. Additionally, the court ruled that Google must cease to automatically publish pictures of private gardens and courtyards taken with cameras positioned higher than 2 meters (6 1/2 feet). This decision partially reversed a ruling by the Swiss Federal Administrative Court (FAC) [official website, in German], which held [JURIST report] that the service constituted a breach of privacy and ordered the company to take extra steps to ensure adequate protection for Swiss citizens. Google had appealed. The initial complaint was brought by the Swiss Data Protection Ombudsman and Public Domain (FDPIC) [official website].

Various countries have alleged that Google violated privacy laws by capturing personal data through its Street View service. In March of last year, a Berlin high court ruled [JURIST report] for Google holding that the company's controversial service is legal in Germany. In 2010, a woman sued the company for violating her property and privacy rights by taking pictures of her, her family and the front of her house. The court however held that because the picture was taken from the street, no such violation has occurred. On the other side, the French National Commission of Information Technology and Liberty (CNIL) [official website, in French] fined [JURIST report] Google 100,000 euros (USD $141,300) for violating the country's data privacy laws. Google captured personal data through Google Street View cars used for its Google Maps service but failed to respond to request in a timely manner and to stop using seized data. Similarly in 2010, the UK Information Commissioner's Office (ICO) [official website] held [JURIST report] that Google UK has violated the Data Protection Act [text] by collecting data through its Street View service. The ICO did not impose fines but announced that it will require the company to pay fines if it does not comply with the data protection regulations in the future.




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Mongolia ex-president barred from upcoming election for corruption charges
Rebecca DiLeonardo on June 8, 2012 10:34 AM ET

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[JURIST] The Mongolian Election Commission on Thursday voted to ban former Mongolian president Nambar Enkhbayar from the upcoming parliamentary election due to allegations of corruption and abuse of power during his former presidency. Enkhbayar's corruption trial began [JURIST report] on Monday. He was charged with abusing his power during his time as president until 2009. Enkhbayar told reporters that he believed his trial was politically motivated [BBC report] to affect his chances in the June 28 election. Enkhbayar's political party, the People's Revolutionary party, has said they will appeal the decision of the Election Commission.

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.




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Syria commiting crimes against humanity: UN
Sung Un Kim on June 8, 2012 10:18 AM ET

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[JURIST] UN Assistant Secretary-General for Human Rights Ivan Simonovic said Thursday that killings in Syria [BBC backgrounder; JURIST news archive] likely amount to crimes against humanity [official statement]. Simonvic addressed the General Assembly on behalf of UN High Commissioner for Human Rights Navi Pillay [official website] to urge the international community to convince both the Syrian government and the armed forces to cease their violence and ongoing human rights violations. Instead, the six-point plan [proposal, PDF], laid out by Kofi Annan [official profile], Joint Special Envoy of the UN and the League of Arab States, should be implemented to ensure a peaceful solution to the current problem. Simonovic reported that the Office of the High Commissioner for Human Rights (OHCHR) received reports of large-scale killings in Qubair which still have to be verified. However, these investigations are made difficult due to Syria's constant denial of access. The Assistant Secretary-General also addressed the issue of human rights violations against detainees who have been subject to continuing torture, cruel and inhumane treatment as well as sexual violence. He urged the country's government to release all persons arbitrarily detained and to immediately allow access to all detention facilities.

Syria has been attacked for its human rights violations especially in the wake of last month's Houla incident that killed more than 100 people, including women and children. Earlier this month, the UN Human Rights Council [official website], after its announcement for a special session to discuss the situation in Syria, approved [JURIST reports] in a 41-3 vote a resolution blaming "pro-regime elements" and government troops for the massacre in Houla. On the same day, the Syrian government released [JURIST report] more than 500 prisoners detained during pro-democracy demonstrations. The release of "arbitrarily detained persons" was a key point in the six-point plan which was supposed to begin on April 12 but has not yet been successfully executed despite a resolution approved [JURIST report] by the UN Security Council [official website] to send 300 unarmed soldiers and other civilian aid for 90 days to supervise the implementation of the plan. In May, a three-member Independent International Commission of Inquiry on Syria released a report claiming that the Syrian security forces are predominantly responsible for the violence in the country.




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UN calls on Malaysia to protect advocates of electoral reform
Max Slater on June 8, 2012 10:06 AM ET

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[JURIST] A panel of UN human rights experts urged [press release] the government of Malaysia on Thursday to protect non-governmental organizations advocating for reform of the electoral process against acts of intimidation and harassment from various groups. The UN panel particularly urged Malaysian authorities to protect members of the Coalition for Clean and Fair Elections, known as Bersih [advocacy website], and one of its directors, Ambiga Sreenevasan. In the press release, Margaret Sekaggya, the UN Special Rapporteur on human rights defenders, expressed worry about the death threats and acts of harassment against Sreenevasan and Bersih:
I am seriously concerned by these disturbing acts of harassment against a prominent woman human rights defender who is being targeted because of her legitimate human rights activities in Malaysia. I urge the authorities to investigate thoroughly these allegations, hold the perpetrators accountable, and effectively protect Ms. Sreenevasan, and more generally, Bersih members.
Malaysia's next general election is scheduled to take place no later than April 2013.

Malaysia's recent crackdown on peaceful demonstrators has been a subject of controversy. Two weeks ago, Malaysian opposition leader and former deputy prime minister Anwar Ibrahim [personal profile; JURIST news archive] was charged [JURIST report] with violating the Peaceful Assembly Act [text, PDF] by participating in a large demonstration demanding electoral reforms. In December a UN panel of independent human rights experts warned that the Peaceful Assembly Act would severely curtail [JURIST report] citizens' right to peaceably assemble. In November Malaysian Prime Minister Najib Razak [official profile] defended the law [JURIST report], saying it would balance citizens' right to protest with public safety concerns. However, it has drawn ire from both Malaysians and the international community. Anwar himself has stated that the bill is more draconian than previous free speech crackdowns in Zimbabwe and Myanmar [JURIST reports].




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Oklahoma AG appeals ruling against abortion drug restrictions
Max Slater on June 8, 2012 9:51 AM ET

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[JURIST] Oklahoma Attorney General Scott Pruitt [official profile] on Thursday appealed [text, PDF] a ruling [docket materials] that struck down an Oklahoma law [HB 1970 text] restricting how doctors may use abortion-inducing drugs to treat patients. Three weeks ago, a judge for the District Court of Oklahoma County invalidated the Oklahoma law [JURIST report] on the grounds that it violated women's fundamental rights to privacy and bodily integrity under the Oklahoma Constitution [text]. In his appeal, Pruitt contended that the trial court erred in holding that the Oklahoma Constitution contains the right to an abortion:
The trial court in this case held that the Oklahoma Constitution contains a fundamental right never before recognized by any Oklahoma court: the right to an abortion. The trial court did so based on its erroneous belief that the Oklahoma Constitution must be read in lockstep with the federal constitution, and did so despite the overwhelming and undisputed historical evidence establishing that the drafters of Oklahoma's Constitution did not intend it to contain a right to an abortion. Indeed, Oklahoma has always criminalized abortion.
It is unclear when an appellate court will hear arguments relating to Pruitt's appeal.

The Oklahoma law restricting the use of abortion-inducing drugs was scheduled to take effect on November 1, 2011, but was temporarily blocked [JURIST report] in October. Oklahoma has passed several restrictive abortion laws in recent years. In April 2011, Oklahoma Governor Mary Fallin [official profile] signed into law [JURIST report] a bill [HB 1888 materials] prohibiting abortions after 20 weeks. The law allows abortions past the 20-week mark only in certain extenuating circumstances where the mother faces death or serious injury. A doctor who performs an abortion in violation of the time limit would be subject to criminal prosecution for a felony, but the woman undergoing the procedure would not face a penalty. Last year, an Oklahoma state judge extended a temporary injunction [JURIST report] blocking enforcement of a law [HB 2780 text, RTF] that would require women seeking abortions to have an ultrasound and hear a description of the fetus. In May 2010, the Oklahoma Senate [official website] voted to override the veto of a bill [HB 3284 text, RTF] that would require women seeking an abortion to complete a questionnaire, answering questions such as marital status, reasons for seeking the abortion, and whether the pregnancy is the result of rape or incest.




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Rwanda genocide tribunal transfers fifth case to national court
Sung Un Kim on June 8, 2012 9:33 AM ET

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[JURIST] The UN International Criminal Tribunal for Rwanda (ICTR) [official website] on Wednesday transferred [press release] the case of Bernard Munyagishari [materials] to the authorities of the Republic of Rwanda. The Referral Chamber of the ICTR ruled [decision, PDF] upon the prosecution's request to refer the case to Rwanda subject to several guidelines and requested an expedited trial in the High Court of Rwanda. The former government official was charged [indictment, PDF] with conspiracy to commit genocide, genocide, complicity in genocide, murder and rape after he was arrested [JURIST report] in the Democratic Republic of the Congo (DRC) in May last year.

Munyagishari's case is the fifth to be transferred to Rwandan national courts. In May, the case of Ladislas Ntaganzwa [case materials] was transferred [JURIST report] to the Rwandan national court system. Ntaganzwa, a former mayor of Nyakizu commune in Butare, had been charged with with conspiracy to commit genocide, genocide, complicity in genocide, direct and public incitement to commit genocide, crimes against humanity and violations of the Geneva Conventions. Jean-Bosco Uwinkindi [case materials], a former Rwandan pastor and a genocide suspect, was the first to be transferred [JURIST report] from the ICTR to the national court. Uwinkindi appealed to the decision to transfer his case but it was rejected [JURIST reports] by the ICTR in December. He has been charged in 2001 with genocide and crimes against humanity. The other two transferred cases are against Fulgence Kayishema [case materials; JURIST report], a former police inspector, and Charles Sikubwabo [case materials], former Bourgmestre of Gishyita, Kibuye Prefecture. Both suspects remain at large.




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Federal judge clarifies and expands injunction on anti-terrorism law
Sarah Posner on June 8, 2012 9:13 AM ET

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[JURIST] A judge for the US District Court Southern District of New York [official website] ruled [opinion] Wednesday that the US government cannot hold people indefinitely, relying on the National Defense Authorization Act [text, PDF] of 2011, for their alleged connection to al Qaeda if they are not connected to the 9/11 attacks. Judge Katherine Forrest issued an opinion and order meant to clarify the injunction [opinion, PDF] she placed on this controversial act [JURIST report] last month. Forrest emphasized that the original injunction should not be interpreted narrowly [NYT report], as the government suggests, but applied broadly. The government had interpreted the injunction as only applying to the plaintiffs in the lawsuit. The order stated:
[P]laintiffs in this case hail from across the nation, and as noted above, they represent the interests of similarly situated individuals not party to this case. Moreover, although the Fourth Circuit also noted that individual circuits should generally refrain from issuing nationwide injunctions to allow other courts to reach separate conclusions about the constitutionality of the same statute, the stakes in this case differ.
The lawsuit was brought by journalists and activists who protested against the National Defense Authorization Act.

Since 2001, anti-terrorism laws and military detentions in the US have been the subject of much controversy and litigation. Last month federal prosecutors asked Forrest to lift the injunction [JURIST report] she placed earlier in May. Forrest agreed with a group of reporters who claimed that the law was vague and violated their First Amendment [text] rights to freedom of speech and Fifth Amendment [text] due process rights.




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Louisiana governor signs law to increase abortion restrictions
Rebecca DiLeonardo on June 8, 2012 9:11 AM ET

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[JURIST] Louisiana Governor Bob Jindal [official website] signed a bill [SB 708 text; materials] on Friday increasing abortion restrictions in the state. The bill was approved by the Senate [JURIST report] in April as a measure to ensure informed consent for women seeking abortions. The new legislation increases the waiting period between a mandatory ultrasound and the procedure itself from 2 to 24 hours. The doctor must also describe the visible features on the ultrasound and "make audible" the heartbeat of the fetus when possible. The governor signed a second piece of legislation [SB 330 text; materials] making it a criminal offense to perform an abortion without a medical license. In a statement [press release] Jindal said he believed the new laws would "foster a culture of life in Louisiana."

This is the latest development in the ongoing reproductive rights controversy [JURIST backgrounder]. In May, Kansas Governor Sam Brownback signed a bill allowing pharmacists to refuse to dispense drugs [JURIST report] that they "reasonably believe" might result in the termination of a pregnancy. Earlier that month, a judge for the District Court of Oklahoma County ruled that a law restricting how doctors may use abortion-inducing drugs to treat patients was a violation of the Oklahoma Constitution. In April, the Arizona House of Representatives approved a bill that bans abortions after 20 weeks [JURIST report] into a pregnancy, with an exception carved out only for medical emergencies. In March, Utah passed a law requiring a woman seeking an abortion to wait 72 hours [JURIST report] prior to obtaining the procedure.




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Uganda violence against children continues: UN
Sung Un Kim on June 8, 2012 8:55 AM ET

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[JURIST] UN Secretary-General Ban Ki-moon [official profile] submitted a report [materials] on Wednesday to the UN Security Council [official website] concerning the situation of children affected by the Lord's Resistance Army (LRA) [BBC backgrounder; JURIST news archive] in Uganda. The report concluded that the LRA still poses a threat [UN News Centre report] to children and civilians, leading 45,000 people to leave their homes. It also detailed six crimes against children committed by the LRA which include recruitment and use of children in armed forces, killing and maiming, rape and sexual violence, abductions, attacks on schools and hospitals, and denial of humanitarian access. During the period of the report, from July 2009 to February 2012, approximately 591 children including 268 girls were abducted and recruited by the LRA in the Democratic Republic of the Congo [BBC backgrounder; JURIST news archive], Central African Republic [BBC backgrounder; JURIST news archive] and South Sudan [BBC backgrounder; JURIST news archive]. Ban recommended a renewed international attention to the LRA's threat and the implementation of regional strategies to address the threat and ensure children receive adequate protection. Additionally, Ban called on donors to provide support for a successful implementation of the strategies. States should address the problem of weak presence of state security forces that led to self-defense groups responsible for violence against civilians.

Uganda has been facing difficulties in ending the violence against civilians committed by the LRA. One of the few success came when the Ugandan military forces, Uganda People's Defence Force (UPDF), captured [JURIST report] one of the highest leaders of the LRA in May. Major General Caesar Achellam is said to be a top rebel military strategist [BBC News report] and close ally of LRA leader Joseph Kony [BBC profile; JURIST news archive]. The recent campaign by Invisible children [advocacy website] has increased international efforts to capture Kony. In March, The International Criminal Court (ICC) [official website] chief prosecutor Luis Moreno-Ocampo [official profile] expressed his support for the campaign. During the same month, US lawmakers introduced [JURIST report] a legislation that would protect Ugandan citizens from the LRA. It calls for the expansion of the telecommunications infrastructure in Uganda and an increase in the presence of military forces in the region. Last September the Ugandan Constitutional Court [official website] held [JURIST report] that former LRA rebel Thomas Kwoyelo was entitled to amnesty under the country's Amnesty Act of 2000. He had been charged [JURIST report] with 53 counts of willful killing, hostage taking, destruction of property and causing injury that took place during Uganda's civil war [BBC backgrounder].




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Federal prosecutors seek 230-year sentence for financier Stanford
Sarah Posner on June 8, 2012 8:39 AM ET

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[JURIST] Federal prosecutors urged a judge on Wednesday to give Allen Stanford [BBC profile; JURIST news archive] the maximum sentence of 230 years in prison for his involvement in a $47 million Ponzi scheme. This would be the maximum sentence [Reuters report] under federal sentencing guidelines and 90 more years than Bernard Madoff [JURIST news archive] received in 2009. Defense lawyers for Stanford, who has been in prison for three years, are seeking a sentence of 31 to 44 months, which could lead to his immediate release. Stanford was convicted [JURIST report] on 13 of 14 charges, including conspiracy to commit wire or mail fraud, conspiracy to obstruct a Securities and Exchange Commission (SEC) [official website] investigation, obstruction of an SEC investigation and conspiracy to commit money laundering in addition to five counts of wire fraud and five counts of mail fraud. He was acquitted on one charge of wire fraud. Stanford's sentencing is set to take place on June 14.

In March a judge for the US District Court for the Southern District of Texas rejected [JURIST report] Stanford's motion for a new trial. Judge David Hittner did not provide any reason for his ruling. The order came just one day after Stanford's lawyers argued that their client was deprived of his Sixth Amendment rights to a fair trial. Also in March the US Court of Appeals for the Fifth Circuit ruled [JURIST report] that the victims of Stanford's $7 million Ponzi scheme would be allowed to pursue a class action. Earlier that month Stanford was convicted of defrauding victims in the US and Latin America. Stanford's trial began in January after a judge ruled in December that he was mentally competent [JURIST report] to stand trial.




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Palestine court convicts former Arafat associate in absentia
Rebecca DiLeonardo on June 8, 2012 7:06 AM ET

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[JURIST] A former associate of deceased Palestinian leader Yasser Arafat [JURIST news archive] was convicted in absentia on Thursday of embezzling money and was sentenced to 15 years in prison. Mohammed Rashid [Reuters profile], along with two other businessmen, was convicted in a special Palestinian corruption court based on allegations that he set up dummy corporations in order to steal government money. The court has ordered him to repay the government [Reuters report] over $33 million in alleged stolen funds. Rashid, whose whereabouts are unknown, has said that the charges are a politically motivated move by Palestinian President Mahmoud Abbas [BBC profile] and the Palestinian Authority (PA) [CFR backgrounder] to discredit former political foes.

Rashid left Palestine in 2004 after Arafat's death. He is believed to own several homes in the gulf region. PA officials have indicated that they are they currently investigating other officials on corruption allegations.





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Spain prosecutors open probe into nationalized bank
Sung Un Kim on June 8, 2012 7:03 AM ET

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[JURIST] Spain's public prosecutor's anti-corruption unit on Wednesday began its investigation against Bankia [corporate website, in Spanish] to determine whether there is sufficient ground to take penal action against the nationalized company. This measure was initiated after public outrage against the government over its handling of the listing and nationalization of the bank last year and last month, respectively. Protesters from the "indignados" [advocacy website] movement announced that it will take civil and criminal legal action against the bank and its former chairman on June 14 and that they have already raised 15,000 euros. The bank found itself in financial crisis and asked [Telegraph report] the government last month for a bail-out in the amount of 19 billion euros (USD $24 billion). The bank engaged in crowd funding, a method to raise money by drawing cash from ordinary citizens. Over 500 minority investors, most of whom were attracted to invest by the bank's last July's drawing and who suffered financial losses because of the fall of the bank's stock prices, are seeking to start preparing next week for a class action against the bank for compensation.

Also Wednesday the European Commission [official website] announced [JURIST report] a proposal that would address the problems of bailing out large banks with public funds during financial crises in the future. The 171-page proposal is a response to the financial crisis of 2008 in which the European public authorities, including Spain, had to bail out large financial institutions, leading the European Commission to approve 4.5 trillion euros (equivalent to 37 percent of EU GDP) to go to those failing companies. Several EU member states face financial instability which may have detrimental effects on other member states. Earlier this month, Ireland voters approved [JURIST report] the Treaty on Stability, Coordination and Governance [text, PDF] aimed at improving fiscal discipline and promoting greater financial information disclosure between EU member states because of its current financial situation. Similarly, Spain's major political parties reached an agreement [JURIST report] in last August to modify the country's constitution that was to regulate the limits of the national deficit in order to avoid risks of debt crisis and a bailout.




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