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Legal news from Wednesday, June 13, 2012




Ontario amends anti-discrimination code to include transgender protections
Sung Un Kim on June 13, 2012 4:15 PM ET

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[JURIST] Ontario lawmakers on Wednesday unanimously approved an amendment to the province's Human Rights Code [text] that prohibits discrimination based on gender identity and gender expression. All three parties of the Legislative Assembly of Ontario [official website] approved Toby's Act [Bill 33], making Ontario the first province to acknowledge the rights of transgender people. The passing of the amendment was welcomed by transgender individuals who waited outside of the legislature. They argue that they have been discriminated based on their gender identify in employment and other areas. The deputy leader of the Opposition Progressive Conservatives [advocacy website] Christine Elliott stated that now that the amendment is passed, everyone in Ontario will have the same legal protections.

Anti-discrimination laws for transgender individuals are not widely accepted, but there has been an increasing awareness of the group's need for protection. In April, the US Equal Opportunity Employment Commission (EEOC) [official website] ruled [JURIST report] that Title VII [text] employment discrimination protections extend to transgender individuals. The ruling came after the Transgender Law Center (TLC) [advocacy website] filed a complaint on behalf of Mia Macy, a transgender woman who was denied a job as a ballistics technician at the Walnut Creek, California laboratory of the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives. In March, The US Supreme Court [official website] denied certiorari [JURIST report] in Fields v. Smith [opinion, PDF], allowing a lower court decision that transgender hormone therapy is a medically necessary procedure to stand. The US Court of Appeals for the Seventh Circuit [official website] found [JURIST report] the Inmate Sex-Change Prevention Act (Act 105), a 2005 Wisconsin law, was unconstitutional under the Eighth and Fourteenth Amendments. On the other hand, in December of last year, the UK announced [JURIST report] the UK's first ever government action plan promoting transgender equality. It found that transgender-related hate crime between 2009 and 2010 rose by 14 percent but only two EU member states address the problem. Massachusetts passed [JURIST report] a bill in November that will protect transgender people in housing, credit and the workplace, as well as including them under hate crime protections.




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Apple to defend against California consumer protection claims
Sung Un Kim on June 13, 2012 4:15 PM ET

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[JURIST] A judge for the US District Court for the Northern District of California [official website] ruled on Tuesday that Apple [corporate website] must defend against lawsuits filed by the company's customers under two California consumer protection laws. Judge Lucy Koh dismissed the other defendants in the lawsuit including Google, AdMarvel, Admob, Flurry and Medialets [corporate websites]. She also dismissed claims alleging Apple's violation of customers' privacy rights and claims under federal laws addressing computer fraud, wiretaps and records disclosure. Plaintiffs are allowed to pursue claims that Apple caused them to overpay for their devices. Apple had argued that the user agreement would relieve it from liabilities, but Koh stated that it contained some ambiguity. She also pointed out that the breach of privacy does not even amount to a breach of a social norm but is an ordinary practice of doing business. The lawsuit arose when two computer programmers presented research [CNBC report] April of last year showing that the iPhone and 3G versions of the iPad were collecting location data.

Apple faced a similar lawsuit in South Korea last August. South Korean regulators fined Apple [JURIST report] USD $2,855 for collecting location information from its iPhone and iPad users. It marked the first time Apple was punished for collecting location information. In January, the South Korean authority found evidence [JURIST report] that Google illegally collected private data in the process of producing its popular Street View [website] mapping service.




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US senators file brief supporting Defense of Marriage Act
Rebecca DiLeonardo on June 13, 2012 3:32 PM ET

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[JURIST] Ten US senators on Monday filed an amicus brief [text, PDF] urging the US Court of Appeals for the Ninth Circuit [official website] to uphold section 3 of the Defense of Marriage Act (DOMA) [text], which denies federal recognition of state-sanctioned same-sex marriages. The brief argues that the federal government had a legitimate interest in creating a uniform federal definition of marriage to "[avoid] massive legal uncertainty." The brief also argues that the district court incorrectly identified Congress's motivation for passing the bill as being based on "animus." The senators' brief addresses an appeal currently pending in the Ninth Circuit from a February decision of the US District Court for the Northern District of California [official website]. In that decision, Judge Jeffrey White ruled that DOMA is unconstitutional [JURIST report] because statutory classifications based on sexual orientation should be subject to heightened scrutiny and DOMA is not "substantially related to an important governmental objective." The appeal is scheduled to be heard by the Ninth Circuit in September.

The bipartisan legal advisory group in charge of defending DOMA filed its brief [JURIST report] last week, defending section 3 of the act. The Obama administration petitioned [JURIST report] the Ninth Circuit appeals court in March for an expedited en banc review of this case. In its request for review, the Obama administration raised the question of "whether classifications based on sexual orientation are subject to rational basis review or instead demand heightened scrutiny under well-established equal protection principles." The request for expedited review came after the US District Court for the Northern District of California ruled that DOMA is unconstitutional. House Speaker John Boehner's (R-OH) DOMA defense group took over the defense.of DOMA in court after the DOJ announced in February that it would no longer defend the legislation [JURIST reports].




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UN official: Israel must lift blockade of Gaza Strip
Rebecca DiLeonardo on June 13, 2012 3:00 PM ET

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[JURIST] The UN Under-Secretary-General for Humanitarian Affairs on Wednesday said [statement, PDF; press release] that Israel's blockade of the Gaza Strip [BBC backgrounder] must be lifted to prevent further human rights violations. Israel maintains a fence along its border with the Gaza Strip, restricting the flow of goods and people through heavily-guarded border-crossings. Valerie Amos [official profile] said that Israel's strict regulation of the border deprives the residents of basic needs and is a violation of international law:
The blockade of Gaza, now entering its sixth year, has had a devastating impact on the lives and livelihoods of the 1.6 million Palestinians who reside there. More than 80 per cent of families are dependent on humanitarian aid, and Gaza remains subject to severe restrictions on imports, exports and the movement of people, by land, air and sea. This amounts to a collective punishment of all those living in Gaza and is a denial of basic human rights in contravention of international law.
Amos noted that Israel has made improvements in the human rights situation in Gaza, but said that the situation cannot be remedied until the blockade is lifted.

Israel's policy in the Gaza Strip has been a subject of controversy. Human Rights Watch (HRW) in February urged Israel [JURIST report] to change its policies that forbid Palestinians from traveling through and living in Gaza and the West Bank. The report describes the policy that causes separation within Palestinian families since some are trapped inside Israel while their family members are forbidden from entering. Israel was also criticized by HRW for never disclosing its rationale for imposing the restrictions on travel and residency. In January, the Israeli Knesset passed a bill [JURIST report] that imposes harsher penalties on illegal migrants in Israel, as well as on Israelis who help illegal migrants. The bill amends the Prevention of Infiltration Law of 1954, broadening the law to include not only individuals suspected of terrorism, but all illegal migrants. Last October, UN Special Rapporteur on human rights for the West Bank and Gaza Strip Richard Falk called for better guidelines on the treatment of Palestinian youth [JURIST report] arrested by the Israeli military




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UN Lebanon tribunal hears challenge to jurisdiction
Sung Un Kim on June 13, 2012 2:54 PM ET

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[JURIST] The Special Tribunal for Lebanon (STL) [official website; JURIST news archive] on Wednesday held the first hearing on its jurisdiction and the legality of its creation. The defense lawyer for Mustafa Badreddine [STL profile], one of the four men wanted by the court for the assassination of former Lebanese prime minister Rafiq Hariri [BBC profile; JURIST news archive], argued that the UN Security Council [official website] unlawfully established the STL and abused its power by adopting resolution 1757 [text] five years ago. Antoine Korkmaz [STL profile] added that the assassination of the prime minister in 2005 did not pose a threat to international peace and security that would have given the Security Council authority to exercise its powers under Chapter VII of the UN Charter [text]. The prosecution responded by arguing that the defense could only challenge the court's jurisdiction by claiming that the indictment went beyond the Tribunal's mandate. They argued that the STL was lawfully established because the "request to establish a Tribunal with an 'international character' was submitted to the UN following a decision from the Council of Ministers of Lebanon," the president of Lebanon was involved in the negotiations and the Council of Ministers approved the agreement pursuant the country's constitution. The next hearing will be held on Thursday.

In February UN Secretary-General Ban Ki-moon [official profile] extended [JURIST report] the mandate for the STL for the next three years. With this extension, Ban's spokesperson said that the UN continues to support Lebanon in pursuing justice from the attacks. Earlier that month the STL announced that it will try the four accused in absentia [JURIST report] without a set date for the trial. The STL has faced great difficulty [JURIST report] trying to arrest the members of Hezbollah in Lebanon where the Shiite militia Hezbollah, backed by Iran, is the country's most powerful political force. In October of last year, pre-trial Judge Daniel Fransen [official profile] asked [JURIST report] the STL to initiate proceedings in absentia against the accused after waiting 30 days since the public announcement of the indictment.




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Egypt restores broad arrest powers to military
Rebecca DiLeonardo on June 13, 2012 2:27 PM ET

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[JURIST] Egypt's Ministry of Justice on Wednesday issued a decree restoring broad arrest powers to the Egyptian military to arrest civilians for non-military offenses. The decree restores some of the power previously granted to the military through the emergency law, which expired [JURIST report] in May after being in effect for nearly 30 years. Under the decree the military is once again authorized to conduct arrests for crimes which are typically handled by the police. It allows the military to arrest civilians for crimes such as destruction of property and obstructing traffic [Al Jazeera report]. The decree will remain in effect until the newly-elected constitutional assembly [JURIST report] completes the new Egyptian Constitution. The CA is not expected to complete a draft of the Constitution for several months.

Egyptian lawmakers reached an agreement [JURIST report] on the composition of the constitutional council last week after a controversy over the political balance of members 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 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.




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Pakistan high court initiates contempt proceedings against businessman
Sung Un Kim on June 13, 2012 2:25 PM ET

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[JURIST] The Supreme Court of Pakistan [official website] on Wednesday initiated contempt of court proceedings against Malik Riaz Hussain. The court's action was a response [NYT report] to the accusation brought forth by Hussain who alleged a day earlier that the Chief Justice Iftikhar Muhammad Chaudhry [JURIST news archive] and his family members have accepted $3.7 million in kickbacks and cash payments. Hussain also claimed that Chaudhry's son Arsalan Iftikhar received the payments in return for favorable treatment in court cases regarding his property holdings and began to blackmail him. Hussain presented evidence in the form of airline tickets and hotel bills amounting to USD $168,000 accrued in three trips by Iftikhar to prove his allegations. According to Hussain, Iftikhar also received four cash payment in the amount of $3.6 million. Despite the payments and trips paid by Hussain, his dispute before the court related to his property holding did not improve upon which he warned Chaudhry that his son was receiving payments from him. He pointed out that he is not the only one who was blackmailed by Chaudhry's son. The court ordered Hussain to appear before a three-judge panel on Thursday.

Pakistan has been called upon to improve its human rights standard and work to eliminate institutionalized discrimination and to prevent torture and corruption. UN High Commissioner for Human Rights Navi Pillay [official profile] urged [JURIST report] last week the country to keep working on improving the country's human rights standard. In May, Pakistani President Asif Ali Zardari [official website] signed [JURIST report] a bill authorizing the creation of an independent human rights commission in Pakistan. The bill was approved by the country's National Assembly [official website] on May 4. The Supreme Court of Pakistan had convicted [JURIST report] Pakistani Prime Minister Yousuf Raza Gilani [BBC profile; JURIST news archive] of contempt of court for disobeying a court order to open corruption cases against President Zardari.




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UN rights expert urges international support for Ivory Coast
Sung Un Kim on June 13, 2012 1:28 PM ET

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[JURIST] UN Independent Expert on the human rights situation in the Ivory Coast Doudou Diene on Wednesday called on all Ivorians and the international community to maintain their support [press release] in the wake of the recent killing of seven UN peacekeepers, eight civilians and one Ivorian soldier. The peacekeepers, who were serving with the UN Operation in the Ivory Coast (UNOCI) [official website], were killed [UN News Centre report] last Friday near the border town of Tai in southwestern Ivory Coast [BBC backgrounder; JURIST news archive] while on patrol. They were ambushed by unidentified armed elements. The UN Security Council [official website] has condemned [press statement] the attack and urged the government of Ivory Coast to identify and bring the perpetrators to justice. The same call was echoed [official statement] by UN Secretary-General Ban Ki-moon [official profile]. Diene reiterated their pleas:
This attack, through its magnitude, constitutes a major challenge for the Ivorian people and the international community. The Ivorian people, despite the sense of insecurity created by this attack, should respond by renewing its commitment to national reconciliation, strengthening democratic pluralism, the impartiality of the justice system and the economic and social recovery of the country. The authorities across the border should work together to prevent cross-border raids and attacks on the population as well as to conduct investigations to identify, arrest and prosecute the alleged perpetrators of these acts. I call on the international community to speed up the adjustment of the arms embargo in order to enable the Ivorian Government to respond proportionately to threats to the security of the population and to ensure that its security forces remain committed to upholding human rights.
The UNOCI began its investigation with the cooperation of the UN Mission in Liberia (UNMIL) [official website].

Last week Human Rights Watch (HRW) [advocacy website] reported [JURIST report] that since July 2011 at least 40 people including women and children have been killed during cross-border attacks on Ivory Coast villages by armed militants in Liberia [BBC backgrounder; JURIST news archive]. The continuing prevalent violence in Ivory Coast has been subject to criticism by international human rights groups. In February HRW expressed concern [JURIST report] over the flawed investigation into the post-election violence and advocated six-month extension of the probe. Another concern was that all 17 members of the investigating commission were chosen by President Ouattara creating possibility of bias in the investigation. During the same month, International Criminal Court (ICC) [official website] Chief Prosecutor Luis Moreno-Ocampo [official profile] was granted permission [JURIST report] to expand his investigation of war crimes in the Ivory Coast to incidents dating back to 2002.




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ICC, Australia officials visit detained ICC staff in Libya
Rebecca DiLeonardo on June 13, 2012 1:27 PM ET

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[JURIST] Three officials from the International Criminal Court (ICC) [official website] and the Australian ambassador to Libya were able to visit [press release] and assess the condition of the four detained ICC staff members on Tuesday, the Australian Minister of Foreign Affairs [official website] reported. Australian Foreign Minister Bob Carr said Wednesday that the prison conditions were "adequate" and that Melinda Taylor, an Australian lawyer, and the other detainees were apparently unharmed. Carr called for the release of and the other staff members: "Australia's position is for Melinda Taylor to be released immediately. As a representative of the ICC, Ms Taylor and her colleagues were doing the important work of the court and are entitled to immunity." A judicial source in Libya told reporters Monday that the four will remain in "preventative" detention [JURIST report] for 45 days while an investigation is conducted. The four detainees traveled to Libya last week to meet with Saif al-Islam Gaddafi [BBC profile; JURIST news archive], the son of former Libyan leader Muammar Gaddafi [BBC obituary; JURIST news archive] and were detained on Thursday [JURIST report]. A representative for the Libyan courts said that Taylor allegedly attempted to give documents to Saif al-Islam that were from his former aid, Mohammed Ismail, who has been in hiding since the Libyan conflict [JURIST backgrounder] began. ICC President, Judge Sang-Hyun Song, called for their immediate release.

Earlier this month, a pre-trial chamber of the ICC granted a request by the Libyan government to postpone an order to transfer [JURIST report] Saif al-Islam to ICC custody. The issue of which court is going to try Saif al-Islam has been in dispute since he was captured [JURIST report] by Libyan rebel forces in November. In April ICC chief prosecutor Luis Moreno-Ocampo [official profile] stated that the maximum penalty for Saif al-Islam in the ICC would be life in prison, but if convicted in a national court he could face the death penalty [JURIST report]. Earlier that month Ocampo asked the ICC to report Libya to the UN Security Council for failing to turn over Saif al-Islam. Libya expressly denied [JURIST report] the ICC's request for such action and stated that Saif al-Islam will face trial within the country. In February 2011, the UN Security Council voted unanimously to refer the matter in Libya to the ICC prosecutor [JURIST report]. The ICC claimed jurisdiction over Saif al-Islam despite its announcement in November that it may allow Libya to conduct the trial [JURIST report].




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Egypt elects second panel to draft constitution
Sung Un Kim on June 13, 2012 1:02 PM ET

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[JURIST] The Egyptian parliament on Tuesday elected another panel of 100 delegates to write a new constitution for the country. Parliamentary speaker Saad al-Katatni stated that unlike the first panel, the newly elected 100-member panel represents all Egyptian groups [Reuters report]. However, the list of panel members faced some criticism for underrepresenting women, intellectuals and Christians who make up a tenth of Egypt's population. Moreover, the critics noted that the panel still comprises of too many Islamists, but all sides agree that the constitutional assembly should represent all segments of the country's population. The parliament had announced [JURIST report] last Thursday that it reached an agreement on the composition of the constitutional council after a controversy over the political balance threatened to halt drafting of a new constitution. The formation of the first panel was deemed unconstitutional [JURIST report] in April by the country's Supreme Administrative Court. The lawsuit was filed by a number of prominent Egyptian lawyers claiming that the formation of the panel itself was a violation of a 1994 Egyptian Supreme Constitutional Court prohibiting members of parliament from electing themselves to certain positions.

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.




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ACLU files lawsuit in North Carolina to allow same-sex adoption
Rebecca DiLeonardo on June 13, 2012 12:55 PM ET

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[JURIST] The American Civil Liberties Union (ACLU) [advocacy website] on Wednesday filed a lawsuit [complaint, PDF; press release] challenging North Carolina's law against second-parent adoptions, which effectively bans individuals in same-sex couples from adopting their partner's child. The ban is based on state adoption regulations [NCGS § 48] which provide that unmarried individuals may not adopt a child unless the current biological or adoptive parents relinquish all parental rights. In December 2010, the North Carolina Supreme Court held [decision] that the ban could not be waived by a family court, finding that any change in the law must be enacted by the legislature. The law applies equally to all unmarried couples regardless of sexual orientation. The ACLU said in a statement that the law puts children at risk:
The current policy is discriminatory and doesn't take into account what's best for a child. These parents want the same thing as any other parents: to be able to provide the best possible care and protection for their children. The law should not stand in the way of allowing loving couples to share responsibility for their families.
The lawsuit seeks to strike down the law against second-parent adoption. It was filed on behalf of six same-sex couples who wish to share parental responsibilities.

Child custody and support issues have been the subject of many state court decisions in recent years. Earlier this month the New Mexico Supreme Court ruled [JURIST report] that the same-sex partner of a parent who has adopted a child has a right to seek custody of that child after the partnership has dissolved. In February the Massachusetts Appeals Court ruled that same-sex couples who marry and have a child through artificial insemination [JURIST report] are subject to the same child custody laws as heterosexual couples. In May 2009 a New York state appeals court ruled that child support claims cannot be brought against same-sex partners [JURIST report] who have no biological or legal ties to a child. In 2005, the California Supreme Court ruled that estranged same-sex couples who created a child using reproductive science were to be treated the same as heterosexual parents [JURIST report] under child custody and support laws.




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Falkland Islands to hold referendum on sovereignty
Sung Un Kim on June 13, 2012 12:16 PM ET

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[JURIST] The government of the Falkland Islands [official website; JURIST news archive] announced [press release] on Tuesday that it will hold a referendum on its political status close to its 30-year anniversary of independence from Argentina's occupation in 1982. Gavin Short, chairman of the islands' legislative assembly, expressed the archipelago's view of its sovereignty from Argentina:
I have no doubt that the people of the Falklands wish for the Islands to remain a self-governing Overseas Territory of the United Kingdom. We certainly have no desire to be ruled by the Government in Buenos Aires, a fact that is immediately obvious to anyone who has visited the Islands and heard our views. But we are aware that not everyone is able to come to these beautiful Islands and to see this reality for themselves. And the Argentine Government deploys misleading rhetoric that wrongly implies that we have no strong views or even that we are being held hostage by the UK military. This is simply absurd.
The referendum will be held in the first half of 2013, and Short invited international communities to join to observe the process. More specific details will be added during the next few weeks, according to the chairman. UK Prime Minister David Cameron [official website] expressed his support for the referendum and its result.

Falkland Island has been under British rule since 1833 except the 1982 occupation by Argentina. Argentina and the UK have been in dispute about the rule over the archipelago. The UK has accused Argentina of imposing economic blockade on the islands by turning away [Guardian report] cruise ships carrying the British flag and taking legal action [Daily Mail report] against five British companies exploring the coast of the island for oil. The British and Falkland Islands governments announced [JURIST report] in November 2008 that they agreed on a new constitution for the Falkland Islands. The new constitution would give the local government primary governing power while leaving British governor to the territory the power to veto the islands' actions "in the interests of good governance," as well as authority over certain sectors including defense, security, and the judiciary.




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Tunisia military court sentences former president to 20 years
Rebecca DiLeonardo on June 13, 2012 12:15 PM ET

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[JURIST] A Tunisian military court on Wednesday convicted former president Zine El Abidine Ben Ali [BBC profile; JURIST news archive] in absentia on charges of inciting violence and murder in connection with the death of four protesters in January 2011 and sentenced him to 20 years. Ben Ali has already been sentenced to over 55 years in prison on other charges. A military prosecutor is also seeking the death penalty [AFP report] for the former president in another case relating to the deaths of 22 other protesters. Ben Ali has been in exile in Saudi Arabia since he fled Tunisia in January 2011. Tunisian authorities have asked the Saudi government to him over, but the government did not respond. Ben Ali has denied [JURIST report] the numerous charges against him.

Ben Ali has also been sentenced to five years for torturing military officers over an alleged coup plot,15 years [JURIST reports] on drug and gun charges and another 35 years [Reuters report] on theft and unlawful possession of jewelry charges. Ben Ali fled Tunisia to Saudi Arabia in January 2011 during protests against his 23-year autocratic rule in which his family amassed substantial wealth [Reuters report] that many Tunisians say was at their expense. Ben Ali has indicated that he was "duped" into leaving [AFP report] the capital Tunis, according to a statement released through his lawyer. He said that he was trying to get his family out of the country after assassination threats and that the plane left him in Saudi Arabia despite orders to wait for him. Justice Minister Lazhar Karoui Chebbi announced in April 2011 that Ben Ali had been charged with 18 offenses [JURIST report].




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Iran human rights lawyer sentenced to 13 years imprisonment
Sung Un Kim on June 13, 2012 11:51 AM ET

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[JURIST] Iranian human rights lawyer Abdolfattah Soltani [JURIST news archive] has been sentenced to 13 years of imprisonment by a Tehran Revolutionary Court [official website, in Persian; GlobaLex backgrounder], his daughter said Tuesday. Maede Soltani, who lives in Germany, was notified on Monday [Guardian report] about last week's ruling. The human rights lawyer was initially sentenced [JURIST report] to 18 years in prison for spreading anti-government propaganda, accepting an illegal prize from Germany, endangering national security and being one of the founders of the Center for Human Rights Defenders [advocacy website], along with Nobel Peace Prize laureate Shirin Ebadi [Nobel profile]. In addition, he was banned from practicing law for 20 years. Soltani appealed the ruling and was given a five-year reduction. The court offered to shorten the prison term further if Soltani would be willing to apologize for his actions and speak out against Ebadi publicly, but he refused to do so, according to his daughter. Unlike the first ruling, last week's ruling cannot be appealed.

Soltani has faced previous charges brought by the Iranian government. In 2007, an Iranian appeals court acquitted [JURIST report] Soltani of charges related to espionage after it determined that there was insufficient evidence of illegal activity. The Iranian appeals court decision overturned the lower court's finding of guilt and prior sentence of five years imprisonment. During this prior trial, Soltani served a total of seven months in prison. Soltani was arrested in 2005 while he was representing the family of Iranian-Canadian photographer Zahra Kazemi [CBC backgrounder], who died in Iranian custody [JURIST report] in July 2003 amidst allegations of torture and abuse.




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HRW urges Bangladesh to open borders to Myanmar refugees
Rebecca DiLeonardo on June 13, 2012 11:40 AM ET

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[JURIST] Human Rights Watch (HRW) [advocacy website] on Wednesday urged Bangladesh to open its borders [press release] to hundreds of refugees fleeing sectarian violence in neighboring Myanmar [BBC backgrounder; JURIST news archive]. Escalating violence between Buddhists and ethnic Rohingya Muslims in the Arakan State of Myanmar has put residents in the region at risk and has left an unknown number dead. Earlier this month, Bangladesh closed its borders in anticipation of large numbers of refugees from Myanmar. HRW urged the government of Bangladesh to provide assistance to the refugees and to permit humanitarian groups to enter the country and provide support:
By closing its border when violence in Arakan State is out of control, Bangladesh is putting lives at grave risk. Bangladesh has an obligation under international law to keep its border open to people fleeing threats to their lives and provide them protection...Bangladesh can help itself by allowing immediate and full access to humanitarian agencies so they can provide life-saving assistance to desperate refugees.
HRW urged foreign governments and humanitarian groups to provide support for refugees from Myanmar. The rights group also called for a "durable solution" to provide for new and old refugees, some of whom are already living in dire conditions within Bangladesh.

Earlier this week, HRW urged Myanmar to ensure the safety of communities [JURIST report] in the Arakan State. President Thein Sein [official website, in Burmese] issued a state of emergency in the area on Sunday, turning over police power to the Burmese Army, but HRW warned that without international overview, such intervention could make matters worse. Despite calls and demands by international communities to end the violence in Myanmar, the government has thus far failed to control the violence and protect civilians. In March, HRW reported that violence and rights abuses continue [JURIST report] in Myanmar's northern state of Kachin due to the conflict between Myanmar's armed forces and the Kachin Independence Army (KIA). During the same month, Tomas Ojea Quintana, the UN Special Rapporteur on the situation of human rights in Myanmar urged the country to ensure the protection of human rights [JURIST report]. In November, Human rights group Partners Relief and Development issued a report which alleged that the army may be committing war crimes [JURIST report] including torture and forced labor against ethnic communities in Kachin state.




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Kenya election trials should run simultaneously: ICC prosecutor
Sung Un Kim on June 13, 2012 11:11 AM ET

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[JURIST] The International Criminal Court (ICC) [official website] on Tuesday expressed its desire to start two Kenya trials simultaneously to avoid any appearance of bias in the March 2013 presidential election. Chief Prosecutor Luis Moreno Ocampo [official profile] stated in a news conference [AFP report] that the office of prosecution wants to start the trials against Deputy Prime Minister Uhuru Kenyatta and former Kenyan minister William Ruto [case materials] at the same time and expressed his concern that an appearance of favoritism toward either one would interfere with a peaceful election. However, he added that the trial date would not have any influence on the election because ICC does not determine who will run in the election. Both Kenyatta and Ruto face criminal charges for their involvement in the 2007 Kenyan post-election violence [JURIST news archive]. Kenyatta faces five counts of orchestrating murder, rape, forcible transfer and persecution in the polls' aftermath while Ruto faces [decisions, PDF] three counts of murder, forcible transfer and persecution. Ruto and Kenyatta are among two others facing trial before the ICC. The other two charged are journalist Joshua Arap Sang [case materials] and former civil service chief Francis Muthaura [case materials].

The trial date was set [JURIST report] to March 2013 on Monday. A specific date for the trial is not set yet but is planned to be concrete before mid-July. In May, the appeals chamber of the ICC rejected [JURIST report] the jurisdiction challenges in the two cases presented by the defense clearing the way for trial. The defense lawyers had argued that the court lacks subject matter jurisdiction over the cases. The appeal stemmed from the pre-trial chamber's decision of confirming the charges [JURIST report] against the four men in January. The ICC claimed jursidction over the case despite Kenya's calls for dismissal [JURIST report]. The Kenyan government argued that they were capable of prosecuting the accused men domestically.




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DOJ sues Florida to stop purging of voter rolls
Rebecca DiLeonardo on June 13, 2012 10:56 AM ET

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[JURIST] The US Department of Justice (DOJ) [official website] announced on Tuesday that it has filed a lawsuit [complaint, PDF; press release] seeking to halt Florida's ongoing purging of voter rolls. The DOJ alleges that Florida's policy violates the National Voter Registration Act (VRA) [text], which requires all voter roll maintenance to cease 90 days before the primary election, meaning all purging in Florida should have stopped by May 16. The DOJ sent a letter [JURIST report] earlier this month demanding that Florida end its purging. In response, Florida indicated that it would continue [Huffington Post report] purging its rolls, and subsequently filed suit [JURIST report] seeking access to the federal Systematic Alien Verification for Entitlements Program System of Records (SAVE) [text, PDF], in order to better verify citizenship of registered voters. The DOJ filed suit in the US District Court for the Northern District of Florida [official website] after Florida Governor Rick Scott [official website] repeatedly refused to end the purging program.

Florida has faced numerous challenges to its election laws and policies. The American Civil Liberties Union of Florida (ACLU-FL) has also filed a lawsuit [JURIST report] seeking to end Florida's purging program. The ACLU-FL contends that Florida's policy of purging voter rolls violates federal law, discriminates against racial minorities, and that in practice, citizens are frequently forced to re-verify their citizenship or lose their right to vote. Earlier this month, judge for the US District Court for the Northern District of Florida blocked [JURIST report] part of a new Florida election law that required any group that conducts a voter registration drive to turn in registration forms within 48 hours of collecting them or else face a $1,000 per day fine. Florida took also initiatives against the federal government interfering with state's enactment of voting laws. Last October, the state submitted a request [JURIST report] to a federal court challenging the VRA.




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ICC prosecutors seek 30-year sentence for former Congo militia leader
Sung Un Kim on June 13, 2012 10:33 AM ET

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[JURIST] The office of prosecution of the International Criminal Court (ICC) [official website] asked the court on Wednesday to sentence the convicted Democratic Republic of Congo (DRC) [BBC backgrounder; JURIST news archive] militia leader Thomas Lubanga Dyilo [case material] to 30 years of imprisonment. Chief Prosecutor Luis Moreno-Ocampo [official profile] told the court [press release] in the sentencing hearing that the prosecution will request a sentence in the name of each child recruited and in the name of Ituri region. A 37-year-old Congolese woman, who had worked for Lubanga's Union of Congolese Patriots (UPC) [Global Security backgrounder] testified for the defense that Lubanga had tried to reconcile the tension between the parties and bring peace in a region occupied by violence. The former military leader could face either a 30-year imprisonment or a life sentence, if the judge finds that the crimes committed are so grave to justify such a punishment. Lubanga was charged [JURIST report] with recruiting children as soldiers. His trial began in January 2009 after being delayed for evidentiary reasons and was then halted soon afterward when one of the child witnesses recanted his testimony [JURIST reports] that Lubanga had recruited him for the militia. The prosecution concluded its case [JURIST report] in July 2009 after presenting 22 weeks of testimony. Lubanga has maintained his innocence [JURIST report] regarding the charges against him.

The Chief Prosecutor had already announced that he would seek the maximum sentence for the Congolese military leader in March, a day after he was found guilty [JURIST reports] of the war crimes of enlisting and conscripting children under the age of 15 and using them to participate actively in hostilities. Ocampo mentioned also that the sentence would be well beyond 30 years if the prosecution would seek one year of imprisonment per child recruited. The Prosecutor v. Thomas Lubanga Dyilo [ICC information sheet] is a landmark case for the ICC because it led to the first verdict issued by the ICC and Lubanga was the first suspect to be taken into custody [JURIST report]. Lubanga was taken into ICC custody [JURIST report] in March 2006, becoming the first DRC war crimes defendant to appear before the ICC.




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Washington same-sex marriage referendum to appear on ballot
Rebecca DiLeonardo on June 13, 2012 10:12 AM ET

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[JURIST] A referendum [R-74 text] to overturn a new same-sex marriage law [SB 6239 text] in Washington will appear on the ballots in November, the Secretary of State's office announced [press release; certification, PDF] on Tuesday. Voters will have the option to accept or reject the new law, which legalizes civil marriage for same-sex couples. Last week, Preserve Marriage Washington [advocacy website] presented over 200,000 referendum signatures seeking to overturn the recently signed same-sex marriage [JURIST backgrounder] legislation. The law was scheduled to take effect last Thursday, but was postponed when the signatures were turned in Wednesday. The law will remain suspended until the referendum takes place. Petition signatures were verified [materials] by the Secretary of State through a random sampling of 3 percent of the names.

Washington Governor Chris Gregoire signed the controversial legislation in February after she announced her plans [JURIST reports] to permit same-sex marriage earlier this year. Gregoire has been a consistent advocate for gay rights during her tenure as governor. In April 2011 she signed a bill [JURIST report] that recognized as legal same-sex marriage licenses from other states. In March 2007 Gregoire signed legislation [JURIST report] that recognized domestic partnership status for same-sex couples. Same-sex marriage remains a contentious issue even after the passage of similar laws in other states. Seven other jurisdictions, including Maryland, New York, Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and the District of Columbia [JURIST reports], allow same-sex marriage.




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Quebec students seek injunction on law limiting demonstrations
Sung Un Kim on June 13, 2012 9:31 AM ET

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[JURIST] Lawyers for student organizations asked the Quebec Superior Court [official website, in French] on Tuesday to suspend parts of an emergency law that restrict spontaneous protests until the law's constitutionality is determined. The law, "An Act to enable students to receive instruction from the postsecondary institutions they attend" [Bill 78, PDF], was introduced and passed on May 18 to address the problem of frequent student protests against a proposed tuition increase of around 80 percent. The law, which will cease to be effective in July 2013 or any earlier date the government finds appropriate, imposes civil penalties on those who initiate, organize, participate or assist protests without giving an eight-hour notice to authorities. The fine ranges from CAD $1,000 to $125,000. Student associations such as La Federation etudiante collegiale du Quebec (FECQ), La Federation etudiante universitaire du Quebec (FEUQ) and Table de Concertation Etudiante du Quebec (TaCEQ) [advocacy websites, in French] responded that the law is unconstitutional and violates students' right to free expression and right to assembly. Felix-Antoine Michaud, who represents the student organizations along with lawyers of Juripop [advocacy website, in French], pointed out that the police did not use the new law in arresting more than 1,000 protesters but rather utilized the municipal bylaws. He argued that the authorities do not need the new law to effectively maintain peace and order. The lawyers for the government will present their argument on Wednesday.

Other countries have attempted to enact laws that would restrict protesters from exercising their rights to free expression and peaceful assembly. The European Court of Human Rights (ECHR) [official website] ruled on Tuesday [JURIST report] that Moldova violated the rights to peaceful assembly and to be free from discrimination by banning gay groups from protesting in front of the country's parliament. Russian President Vladimir Putin [official website, in Russian] last week signed [JURIST report] a controversial law that would increase the penalties imposed on protesters who violate demonstration regulations. The law had been approved [JURIST report] by both houses of the Russian parliament two days earlier. In March, Swiss voters passed a law [JURIST report] similar to Quebec's proposed one. The law imposes heavy fines amounting to 100,000 Swiss Francs (USD $110,000) for people who protest without prior governmental authorization.




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Russia gay rights activist challenges 'homosexual propaganda' law
Rebecca DiLeonardo on June 13, 2012 9:26 AM ET

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[JURIST] Prominent Russian gay rights activist Nikolai Alekeyev on Wednesday filed a complaint with the European Court of Human Rights (ECHR) [official website] challenging a St. Petersburg city ordinance that prohibits the spreading "homosexual propaganda" to minors. Alekeyev alleges that the ordinance violates [RAPSI report] Article 10 and Article 14 of the European Convention on Human Rights [text]. Last month, Alekeyev became the first to be convicted [JURIST report] under the controversial ordinance, which imposes fines on individuals for promoting homosexuality, including gays or lesbians who are open about their sexuality in public. Alekeyev was arrested in April [JURIST report] for picketing in front of city hall with a sign that said "homosexuality is not perversion." As a result of his conviction, Alekeyev was fined 5,000 rubles (USD $170). People who oppose the new law, which was introduced in November and signed into law [JURIST reports] in March, claim it will prevent gay rights groups from being able to assemble in public. Alekeyev said he expects the court to process his complaint within a week.

The Russian parliament in March introduced a similar bill [JURIST report] that would create a nationwide ban on the spread of "homosexual propaganda" to minors. It would impose a fine of 500,000 rubles ($16,500 USD) on anyone who promotes the homosexual lifestyle, including media outlets that lawmakers have accused of making homosexual lifestyles "normal behavior." In 2008, Moscow police arrested several gay activists [JURIST report] who were celebrating the anniversary of passage of a 1993 law that ended prosecution for homosexuality in the country. They were arrested pursuant to a local ban on gay pride parades, which had been upheld by a Russian court [JURIST reports] the previous year.




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Senate committee holds hearing on sexual orientation discrimination bill
Saheli Chakrabarty on June 13, 2012 9:16 AM ET

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[JURIST] The Senate Health, Education, Labor and Pensions Committee (HELP) [official website] held a hearing [materials] Tuesday on the Employment Non-Discrimination Act (ENDA) [S 811 materials], focusing on discrimination faced by lesbian, gay, bisexual and transgender (LGBT) employees across the country. Among the panel of witnesses attending the hearing was Kylar Broadus, founder of the Trans People of Color Coalition [advocacy website], who spoke of his experiences of being transgender [press release]. Currently there are no federal employment protections for LGBT people.

ENDA is federal legislation geared towards banning workplace discrimination based on sexual orientation and gender identity. It has been introduced in nearly every session of Congress since 1994, but has yet to pass. A version was introduced [JURIST report] in the US Senate [official website] in August 2009 by Senator Jeff Merkley (D-OR) [official website]. If passed, the bill would protect employees from discriminatory hiring and firing practices, and from segregation or classification on the basis of sexual preference or gender identity. The bill would be the first aimed at ensuring workplace equality for individuals who identify as LGBT.




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Rights group calls for treaty to limit weapons in DRC
Saheli Chakrabarty on June 13, 2012 8:14 AM ET

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[JURIST] Amnesty International (AI) [advocacy website] called Tuesday for an end to the supply of arms [press release] to groups in the Democratic Republic of Congo (DRC) [BBC backgrounder; JURIST news archive]. The report [text, PDF] highlights the flaws in Congolese security, which AI says allow for violations towards civilians by armed forces and groups due to the availability and misuse of weapons and ammunition. Paule Rigaud, AI's Deputy Africa Programme Director, called for a worldwide, comprehensive Arms Trade Treaty to be implemented as a step toward eliminating this issue. In a statement, Rigaud said:
Until human rights safeguards are in place, states should end those transfers of military equipment to countries, like the DRC, where there is a substantial risk such supplies will be used to commit or to facilitate serious human rights violations and attacks against civilians. ... With final negotiations for the Arms Trade Treaty less than three weeks away, governments have a historic opportunity to ensure this happens.
DRC's main arms suppliers include China, Egypt, France, South Africa, Ukraine and the US. Senior members of the country's armed forces reportedly often sell or donate weapons to armed groups.

DRC has been constantly criticized and urged by various parties to stop the human rights violations against civilians. In May, the UN's Assistant Secretary-General for Human Rights Ivan Simonovic [official profile] addressed [JURIST report] the recent increase in violence in the eastern DRC and the resulting human rights violations. In March, the UN Office of the High Commissioner of Human Rights (OHCHR) and the UN Stabilization Mission in the DRC (MONUSCO) [official websites] released jointly as the UN Joint Human Rights Office (UNJHRO) a report alleging that military forces in DRC committed human rights violations [JURIST report] during the presidential elections last year. During the same month, the International Criminal Court (ICC) [official website] announced that it will seek the maximum sentence for a DRC militia leader after he was found guilty [JURIST reports] of war crimes of enlisting and conscripting children under the age of 15. Especially in 2011 various entities including the Human Rights Watch (HRW) [advocacy website] and the MONUSCO urged DRC government to end post-election violence and all parties involved in the violence to remain calm [JURIST reports] and address any grievances through peaceful means.




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