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Legal news from Friday, June 22, 2012




Sudan urged to respect rights of protesters
Sung Un Kim on June 22, 2012 4:16 PM ET

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[JURIST] Amnesty International (AI) [advocacy website] on Friday urged [press release] Sudanese authorities to cease violence against protesters and journalists. The call came after the country's police in Khartoum used tear gas and batons against civilians who protested over austerity cuts on Sunday. The protest was initiated by student activists and expanded [Reuters report] into several neighborhoods. The proposed austerity measures will cut government jobs and raise fuel prices. Paule Rigaud, Deputy Director for Africa for the AI, stated that the country demonstrated its unwillingness to respect its citizens' right to peaceful assembly. In addition to the excessive use of force against protesters, police have arrested bloggers and journalists to block the spreading of the protests via media. It was reported that an Egyptian journalist, Salma Elwardany, was put under house arrest for publishing a report [Bloomberg report] on the dissolution of the Khartoum State Government.

Sudan has been called on multiple times to improve its human rights situation. Last week, Mashood Adebayo Baderin, the newly appointed UN Independent Expert on Human Rights in Sudan, stated [JURIST report] that the country must still work to improves freedoms of expression and the press. In May, AI had already urged [JURIST report] the country's government to stop its censorship practice of seizing newspapers from the printing press as well as harassing and arresting journalists.




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UN welcomes Somalia moves toward constitution
Sung Un Kim on June 22, 2012 3:37 PM ET

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[JURIST] Head of the UN Political Office for Somalia (UNPOS) [official website] Augustine Mahiga [official profile] on Friday welcomed [statement, PDF] the signing of the joint communique [text, PDF] ending the country's transitional governing arrangement. During the meeting in Nairobi in which the communique was signed, the principal signatories of the Roadmap for the End of Transition in Somalia [text, PDF] discussed outstanding issues and agreed on an official draft constitution. President Sheikh Sharif Sheikh Ahmed [BBC profile] of the Transitional Federal Government of Somalia (TFG) [CFR backgrounder] also signed a decree establishing the legal framework by adopting a new constitution convened by the National Constituent Assembly (NCA). The other signatories who attended the Friday's meeting were the Honourable Sharif Hassan Sheikh Aden, Speaker of the Transitional Federal Parliament (TFP); Prime Minister Abdiweli Mohamed Ali; President Abdirahman Mohamed Mohamoud of Puntland; President Mohamed Ahmed Alin of Galmudug; and, representatives of Ahlu Sunna Wal Jama'a.

Somalia has been urged by the international community to ensure that the country's transition is proceeding peacefully. Earlier this month, UN Secretary-General Ban Ki-moon [official profile] told [JURIST report] officials at the Istanbul II Conference on Somalia [materials] that Somalia must take all efforts to smoothly transit into a permanent government with a new constitution. Since the end of Muhammad Siad Barre [Britannica profile] dictatorship in 1991, Somalia has been working on establishing a legitimate government and has faced difficulties in bringing the country's rule of law to the international standards. In May, it was announced [JURIST report] that the Elders of Somalia were planning to select delegates for the NCA. In early May, Somalia had been called on [JURIST report] to readdress the issue of legitimate judicial systems in Mogadishu and South Central Somalia after the UN Independent Expert on the situation of human rights in Somalia found that there was significant difficulties in harmonizing Sharia law with modern international and human rights law. In February, Human Rights Watch (HRW) [advocacy website] criticized [JURIST report] the country's TFG for failing to prevent children recruitment into armed forces.




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UN rights office condemns continued violence in Nigeria
Sung Un Kim on June 22, 2012 3:14 PM ET

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[JURIST] Spokesperson for the UN High Commissioner for Human Rights Rupert Colville [Washington Times profile] on Friday expressed [press briefing] his concern over the continued attacks on churches in Nigeria which have killed more than 100 people, citing possible crimes against humanity. The Islamic militant group known as Boko Haram [BBC backgrounder] was responsible for the attacks on multiple churches in Kaduna on June 17. It was reported that some were killed during the initial attacks while the remaining were killed during the armed conflict between the security forces and Muslims protesting the deadly retaliatory acts by the Christians as well as between the security forces and insurgents in Damaturu. The Office of the High Commissioner for Human Rights (OHCHR) [official website] condemned the prevalent violence in the country and called on national and local authorities to support the victims of the armed conflicts. It also condemned the group for causing violence between the two communities that have managed to live together in peace for a period of time. Finally, Colville noted that "[d]eliberate acts leading to population 'cleansing' on grounds of religion or ethnicity would also amount to a crime against humanity."

The UN High Commissioner for Human Rights Navi Pillay [official profile] had previously urged [JURIST report] the country's authorities, especially the country's religious leaders, to make a concerted effort to stop the violence caused by the militant group. Boko Haram is a Muslim group that has been trying to overthrow the Nigerian government and create an Islamic state. Its violence is directed at Christians including church bombings [AP report] on Christmas day killing 40 people. The violence was criticized by the international community such as the White House and the Vatican [AP reports] condemning it as senseless violence.




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UN rights chief calls for stronger human rights treaty body
Sung Un Kim on June 22, 2012 2:29 PM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] said Friday that the treaty body system is in crisis [press release] and called on the international community to strengthen it. In her report [text. PDF], she revealed that the human rights treaty body system has doubled in size since 2004 while the resources needed to maintain the system stayed the same. New treaty bodies such as the Committee of Migrant Workers (CMW), Convention on the Rights of Persons with Disabilities (CRPD), Subcommittee on Prevention of Torture (SPT) and Conference on Environment and Development (CED) [official websites] and other bodies addressing individual complaints have increased the complexity of the system and the need for resources. One of the challenges that the report revealed was the low number of state parties presenting their reports on time with a 16 percent on time submission rate for both 2010 and 2011. Pillay provided several measures to face the challenges and strengthen the complex system including the creation of a reporting calendar. She also noted that one of the main key factors is the increase of visibility and accessibility to these treaty bodies.

Pillay has previously called the international community to strengthen the treaty body system. In March, while addressing [JURIST report] the enforced disappearances' effect on women and children, Pillay stated that the system has a significant influence on the enjoyment of human rights across the globe, but while the system has grown exponentially, human and financial resources have failed to match up with the growth. The total number of treaty body experts have grown to 172 in 2012 compared to 97 in 2000 while tates have increased ratification under international human rights treaties from 927 to 1,586.




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Sierra Leone war crimes court convicts former RUF member of witness tampering
Sung Un Kim on June 22, 2012 1:51 PM ET

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[JURIST] The Special Court for Sierra Leone (SCSL) [official website] on Thursday convicted [press release, PDF] former Revolutionary United Front (RUF) [GlobalSecurity backgrounder] member Eric Senessie on eight of nine counts for witness tampering. Four counts alleged that he had bribed witnesses who testified against the former Liberian president Charles Taylor [BBC backgrounder; JURIST news archive] to recant their testimonies. The remaining five counts involved Senessie's attempt to influence a witness. Justice Teresa Doherty held that the accused had "knowingly and willfully interfered with the administration of justice" convicting him on all four charges of bribing witnesses and four of five charges influencing a witness. She also rejected the defense argument that the five witnesses were engaged in a conspiracy against the accused. Senessie was indicted [JURIST report] for witness tampering in June 2011, a month after he was charged [Reuters report].

Earlier this month, lawyers for Taylor announced that they will appeal [JURIST report] the SCSL's conviction and 50-year sentence for war crimes committed during the civil war in Sierra Leone [JURIST news archive] against their client. Taylor was sentenced [JURIST report] in May after Trial Chamber II convicted [judgment, PDF] him of planning as well as aiding and abetting crimes committed by rebel forces in exchange for diamonds during the civil war, including acts of terrorism, murder, rape, sexual slavery, conscripting or enlisting children into armed forces, enslavement and pillage. Two weeks before the conviction, Taylor had asked the court to be sentenced with an eye toward "reconciliation, not retribution," a response to the prosecution's request seeking a sentence of 80 years upon his conviction [JURIST reports] in April.




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Serbia prosecutors investigating network that aided war criminals
Sung Un Kim on June 22, 2012 1:10 PM ET

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[JURIST] The Serbian war crimes prosecutor announced on Friday that his office is investigating suspects accused of helping former Bosnian Serb Army commander Ratko Mladic [ICTY case materials; JURIST news archive] and former security official Stojan Zupljanin [ICTY case materials] evade justice until they were arrested to face trial before the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website]. Vladimir Vukcevic [profile, PDF] said that a total of 13 individuals are being investiged. It is alleged that six helped Mladic while seven others aided Zupljanin. Among the six who allegedly helped Mladic is a former top general of military intelligence, according to the prosecutor. He refused to provide any names of the suspects at this time. Friday's announcement came after prosecutor Serge Brammertz [official profile] of the ICTY had criticized [JURIST report] Serbia for its failure to investigate and prosecute those who aided the fugitives earlier this month.

Trial Chamber I of the ICTY has suspended [JURIST report] the trial of Mladic due to an error in disclosing documents to the defense lawyers. His trial was postponed indefinitely [JURIST report] in May due to allegations of prosecutorial misconduct related to evidence disclosure. Mladic has been charged with several counts of genocide and crimes against humanity committed during the Bosnian civil war [JURIST news archive] including murder, political persecution, forcible transfer and deportations, cruel treatment and the taking of peacekeepers as hostages. In June 2008, Serbian authorities transferred [JURIST report] Zupljanin to the ICTY after a national court refused his appeal against extradition. He was arrested [JURIST report] earlier that month on charges of genocide, crimes against humanity, and violations of the laws of war for allegedly killing civilians during the ethnic conflicts of the 1990s.




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EU condemns Iran for discriminatory human rights practices
Sung Un Kim on June 22, 2012 12:48 PM ET

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[JURIST] The High Representative of the Union for Foreign Affairs and Security Policy [official website] and Vice President of the Commission Catherine Ashton [official profile] on Thursday condemned [text, PDF] Iran for its treatment of minorities and called on the country to cease its discriminatory policies. She also expressed her concern regarding the verdict of the Iran Court of Appeals in the case of Iranian human rights lawyer Abdolfattah Soltani [JURIST news archive]. Ashton described Soltani as a "lawyer who bravely stood up to defend the rights of numerous human rights activists in his country" and called the country to immediately release him. The human rights lawyer has been sentenced to 13 years [JURIST report] of imprisonment by a Tehran Revolutionary Court [official website, in Persian; GlobaLex backgrounder] after initially being sentenced to 18 years [JURIST report] 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].

Iran has been criticized for its detentions and harsh sentences of human rights defenders. In May, the Special Rapporteurs on human rights defenders, the situation of human rights in Iran, and the independence of judges and lawyers called [JURIST report] Iran to grant human rights defenders to carry out their legitimate activities and to take measures so that they receive adequate protections. In January 2011, the prominent Iranian human rights lawyer Nasrin Sotoudeh was sentenced [JURIST report] to 11 years for "acting against national security" and "making propaganda against the system." She was the lawyer for Arash Rahmanipour, who was arrested and executed [JURIST report] for his role in the post-election protests on charges of mohareb, or being an enemy of God.




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DOJ sues city governments for religious discrimination
Rebecca DiLeonardo on June 22, 2012 12:43 PM ET

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[JURIST] The US Department of Justice (DOJ) [official website] on Thursday filed a lawsuit [press release] against the town of Colorado City, Arizona, the city of Hildale, Utah, as well as local utility companies, alleging that the authorities have engaged in systematic discrimination against nonmembers of the dominant local church, the Fundamentalist Church of Jesus Christ of Latter-day Saints (FLDS). The government's complaint alleges that police, lawmakers and utility companies violated the First, Fourth and Fourteenth Amendments to the US Constitution and the Fair Housing Act [texts] through a denial of utility services, housing access and equal treatment for nonmembers of the FLDS. In a statement, an Assistant Attorney General for the DOJ said the conduct violated religious freedom:
Religious freedom is a cherished principle of our democracy. City governments and their police departments may not favor one religious group over another and may not discriminate against individuals because of their religious affiliation. No individual in the United States should be targeted for discriminatory treatment by a city, its officials or the police because of his or her religion.
The government's lawsuit seeks an injunction banning further discrimination as well as monetary damages for victims of the conduct.

The FLDS has also faced criticism in the past. In November the Supreme Court of British Columbia ruled [JURIST report] that a law banning polygamy was constitutional. The law was under challenge by two bishops of the FLDS who claimed that the law infringed on their religious freedom and was not consistent with the Canadian Charter of Rights and Freedoms. The court found, however, that there was "a consistent set of harms associated with polygamy," including a higher rate of sexual and physical abuse of women and higher rates of abuse, neglect and emotional problems for children. These harms, the court said, outweighed the "minimal" impact on religious freedom.The FLDS is best known for a 2006 scandal that led to a sentence of in life in prison for former leader Warren Jeffs. Jeffs was accused of arranging marriages between underage girls and adult men. He was sentenced to 10 years to life [CNN report] in prison in November 2007 for charges of being an accomplice to rape. Jeffs was arrested in Las Vegas [AP report] in 2006 after being placed on the FBI's Most Wanted list.




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UN official: US drone strikes are potential war crimes
Rebecca DiLeonardo on June 22, 2012 11:57 AM ET

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[JURIST] The UN Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions [official profile] continued to criticize US drone strikes on Thursday, saying that in some cases the attacks may constitute war crimes. In addressing the 20th Session [materials] of the UN Human Rights Council on Thursday, Christof Heyns said the drone strikes put innocent civilians at risk [UPI report] and set a dangerous international precedent. Heyns presented his report [text, PDF; JURIST report] to the council in Geneva on Tuesday, asking the US to clarify its policy of targeted killing of terrorism suspects through raids and unmanned drone strikes. He noted that the US government has failed in the past to provide a comprehensive explanation of its drone-attack policy, including a justification under international law, which generally requires that governments make an effort to arrest a suspect first. He also asked the US how it calculated the risk to civilians, noting that an estimated 20 percent of deaths from targeted killings in Pakistan were civilians. Later, Heyns told reporters outside the meeting that he did not believe [JURIST report] the US adequately addressed his key concerns. A representative of the American Civil Liberties Union [advocacy website] also addressed the council [press release] in regards to US drone strikes, urging the UN to question the legal basis for the attacks.

The legality of drone strikes has been a controversial issue in recent months. UN High Commissioner for Human Rights Navi Pillay declared on Friday that US drone strikes in Pakistan raise grave legal concerns [JURIST report] under international law. Pillay expressed particular concern that the drone strikes do not comport with the international law principles of proportionality and distinction. 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 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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UK court rules police cannot retain records of innocent people
Sung Un Kim on June 22, 2012 11:44 AM ET

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[JURIST] The UK High Court of Justice [official website] on Thursday ruled [Judgment, PDF] that retaining photographs and other materials of an innocent suspect should be prohibited. The two-judge panel in London's High Court held that the current policy of the Metropolitan Police Service (MET) [official website] unjustifiably interfered [Guardian report] with an individual's right to respect for his private life guaranteed under article 8(1) of the European Convention on Human Rights [text, PDF]. The decision came in the ruling of two consolidated cases of RMC and FJ whose identities were not revealed. RMC had been arrested for suspicion of assaulting a community officer who stopped her for cycling on the footpath. The Crown Prosecution Service [official website] however, never pressed charges against her even after obtaining fingerprints, DNA and photographs from her. After the incident, RMC asked the MET to destroy the materials, but it refused. The second case of FJ involved a rape allegedly committed by FJ. The same records were obtained from the 12-year-old boy, but he was released after a third party witness did not confirm an offense taken place. FJ's request to destroy the records was also denied. Lord Justice Richards, sitting at London's High Court with Justice Kenneth Parker, noted that the unlawful policy should be changed within months, not years, with the exception that retention of such materials should be allowed so long as they are "necessary and proportionate to the purpose it serves." The Equality and Human Rights Commission [advocacy website] which intervened in the test case welcomed Thursday's decision

In 2010, the UK was found to be in violation [JURIST report] of Article 8 of the European Convention on Human Rights when they stopped two individuals under the Terrorism Act 2000 [text]. In 2008, the European Court of Human Rights (ECHR) [official website] found [JURIST report] that Finland violated the same article for failing to provide a legal framework to protect the applicant's rights when his privacy was invaded by a personal ad with sexual connotations that was posted on the Internet without his knowledge.




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US lawmakers ask federal court to stay Defense of Marriage Act case
Max Slater on June 22, 2012 11:30 AM ET

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[JURIST] A group of Republican members of the US House of Representatives [official website] filed a memorandum [text, PDF] in the US District Court for the District of Connecticut [official website] on Wednesday, asking the district court to stay a case challenging the constitutionality of the Defense of Marriage Act (DOMA) [text; JURIST news archive] until a similar case in the US Court of Appeals for the Second Circuit [official website] is decided. The memorandum urged the district court, which is a court in the Second Circuit, to refrain from ruling in the case Pedersen v. Office of Personnel Management until the Second Circuit rules on the constitutionality of DOMA in a pending case, Windsor v. New York:
[T]his Court should stay the proceedings in the case pending a decision by the Second Circuit in Windsor because: The issue before this Court—the constitutionality of DOMA Section 3 under the equal protection component of the Fifth Amendment's Due Process Clause—is precisely the issue now before the Second Circuit in Windsor; a merits ruling by the Second Circuit in Windsor—or a ruling on Section 3's constitutionality by the Supreme Court in Massachusetts, should that occur first—clearly will inform, and likely will be fully dispositive of, this Court's disposition of Plaintiffs' equal protection claims in this case; and it appears likely that the Second Circuit will consider the Windsor appeal on an accelerated basis.
The House GOP leaders who filed the memorandum plan to ask the US Supreme Court [official website] to rule on the constitutionality of DOMA.

The specific provision in DOMA that many same-sex couples are challenging on due process and equal protection grounds is section 3, which defines marriage solely as between one man and one woman. DOMA has been the subject of great controversy recently in the ongoing debate about same-sex marriage [JURIST backgrounder]. Last week, 10 US senators filed a brief [JURIST report] urging the US Court of Appeals for the Ninth Circuit [official website] to uphold section 3 of DOMA. Two weeks ago, a federal judge in New York ruled [JURIST report] that section 3 of DOMA unconstitutionally violated the principles of federalism. In May, the US Court of Appeals for the First Circuit [official website] opined [JURIST report] that section 3 of DOMA unconstitutionally infringed on a state's right to define marriage.




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UN rights official urges Malawi to improve human rights conditions, accountability
Rebecca DiLeonardo on June 22, 2012 10:40 AM ET

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[JURIST] UN Deputy High Commissioner for Human Rights Kyung-wha Kang [official profile] on Thursday urged [press release] the government of Malawi to improve its human rights conditions and promote accountability in the country. In particular, Kang expressed concern about the overcrowding of prisons and slow process of justice in the country. Kang also urged the government to initiate prosecution of those responsible for the killing of 20 protesters [BBC report] by government security forces last year. She encouraged the government to address the concerns that led to the violent protests last year, including better access to food, education, and healthcare. Kang noted that Malawi has made significant progress in its human rights record in recent years, including the repeal of restrictive press laws and a progressive constitution. Kang encouraged the government to continue its focus on human rights:
Malawi has a very progressive constitution with strong human rights provisions, and a good set of laws and institutions in place to promote and protect human rights. It is now time to strengthen a culture of human rights and the rule of law in Government institutions and in the individuals responsible for the protection, promotion and fulfillment of the full range of human rights for the people of Malawi. ... Great challenges lie ahead in advancing the realisation of all human rights—economic, social, civil and political—for all the people of Malawi. But I have seen the political will at the highest levels of Government to face these challenges with courage and vision.
Kang called on the international community to provide assistance to Malawi when possible and ensured the Malawian government of the continued support of the UN.

Malawi President Joyce Banda last month announced in her first national address that she will decriminalize homosexual acts [JURIST report] in the country. The provisions she intends to repeal are Section 153 and 156 [ILGA backgrounder, PDF] of the Penal Code, which provide 14 years or 5 years imprisonment, respectively, for anyone engaging in male homosexual activity or relationships. Lesbianism is not criminalized in Malawi. In January 2011 Malawian president Bingu wa Mutharika signed into law [JURIST report] a bill permitting the government to ban media outlets that its information ministry declared to be contrary to public interest. In November 2010, the Malawian government threatened the publishers of the Malawi Daily Times [official website], Blantyre Newspapers Limited (BNL), with a ban on advertising sales after one of their five publications ran stories covering sex scandals involving national celebrities and socialites.




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EU lawmakers reject international anti-piracy agreement
Sung Un Kim on June 22, 2012 10:37 AM ET

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[JURIST] The International Trade Committee (INTA) of the European Parliament [official websites] on Thursday rejected [press release] the proposed Anti-Countefeiting Trade Agreement (ACTA) [text, PDF] in a vote of 19-12 vote. The ACTA's goal is to counter intellectual property theft, such as fake consumer goods and medicine as well as digital file-sharing of pirated media. The 31 members of the European Parliament debated the agreement and concluded that its vague language and disproportional fines could infringe upon individuals' right to free expression and punish those who download materials for personal use as argued [AP report] by opponents of the agreement. The Parliament as a whole will debate the agreement on July 3 and vote on it on July 4. If rejected by the Parliament it will bar EU member states from enacting laws similar to the ACTA on their own. In addition, it is predicted that if the ACTA is rejected, the European Commission [official website], which negotiated the agreement on behalf of the European Union (EU) [official website] and has expressed its support for the agreement, will have only limited options to pursue such as asking negotiating partners to amend the language of the ACTA or negotiate an entire new treaty.

In February, the European Commission announced [JURIST report] that it will seek guidance from the European Court of Justice (ECJ) [official website] before ratifying the ACTA to ease protesters' concerns with the ACTA's possible censorship of free expression. Hearings on a similar bill in the US were postponed [JURIST report] in January by Representative Darrell Issa (R-CA) [official website]. The Stop Online Piracy Act (SOPA) [text, PDF] would effectively block foreign websites that are suspected to infringe copyrights and give the US Department of Justice (DOJ) increased authority in counterfeiting copyright infringement. In November, the ECJ ruled [JURIST report] that Internet service providers (ISPs) cannot be required by law to monitor their customers' activities as an attempt to combat illegal sharing of copyrighted material.




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Oklahoma AG appeals ruling invalidating ultrasound bill
Max Slater on June 22, 2012 9:57 AM ET

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[JURIST] Oklahoma Attorney General Scott Pruitt [official website] on Thursday appealed a ruling by a district court judge that held that an abortion ultrasound bill [HB 2780, PDF] is unconstitutional. In his appeal, Pruitt argued [Tulsa World report] that the district court's ruling prevents women from obtaining important medical information that ultrasounds provide. HB 2780 mandates that any woman seeking an abortion must get an ultrasound within an hour of the procedure and have the doctor who provides the abortion explain the ultrasound to her. A judge for the Oklahoma County District Court [official website] struck down the law [JURIST report] in March, saying that it unconstitutionally singled out patients, doctors and sonographers. Pruitt plans to ask the Oklahoma Supreme Court [official website] to reverse the district court's decision.

Oklahoma has been at the center of controversy recently regarding reproductive rights [JURIST backgrounder]. Two weeks ago Pruitt appealed a ruling [JURIST report] that struck down an Oklahoma law restricting how doctors can use abortion-inducing drugs to treat patients. 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 HB 2780.




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Federal court hears arguments on Florida voting laws
Rebecca DiLeonardo on June 22, 2012 9:49 AM ET

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[JURIST] A lawyer for the state of Florida on Thursday defended Florida's voter-purging policy in his oral argument before the US District Court for the Northern District of Florida [official website]. The lawyer argued that there is no evidence to verify [AP report] that the new practices disproportionately affect minorities, as the federal government contends. The US Department of Justice (DOJ) [official website] filed this suit against Florida last week after Florida ignored a letter ordering them to stop purging their voter rolls [JURIST reports]. The DOJ alleges that Florida's policy violates the Voting Rights Act (VRA) [text] as well as the National Voter Registration Act [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. Florida also faces challenges to its purging policy from the American Civil Liberties Union of Florida (ACLU-FL) [official website; JURIST report] and a coalition of rights groups [JURIST report] on behalf of several Florida citizens.

The purging of voter rolls in Florida has created controversy in recent weeks. Earlier this month, amidst calls to end its purging practices, Florida filed suit [JURIST report] seeking access to a federal database that will help it verify the citizenship of registered voters. Earlier in June, a spokesperson for Florida Governor Rick Scott said that the state would continue to search for ineligible voters [Huffington Post report], even after receiving a letter from the DOJ ordering them to stop the practice. Also this month, federal judge blocked [JURIST report] part of Florida's new election alw 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. Last October, the state submitted a request [JURIST report] to a federal court challenging the VRA.




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Convicted Bahrain doctor goes on hunger strike
Rebecca DiLeonardo on June 22, 2012 9:20 AM ET

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[JURIST] A Bahraini doctor who was sentenced to one year in prison last week for his alleged participation in anti-government activity has begun a hunger strike to protest the conviction. Saeed al-Samaheeji said he started the hunger strike [AP report] to protest the false accusations that have led to his conviction. Al-Samaheeji is one of 20 medical professionals convicted in September [JURIST report] of participating in the country's pro-democracy protests against the ruling regime. Last week, a Bahrain court overturned or reduced the sentences [JURIST report] for most of the medical professionals. Nine were acquitted, nine received reduced sentences of one to five years, and two who fled the country did not appeal their 15-year sentences. The medics have maintained that they were only taking care of injured patients, regardless of their political beliefs. They were convicted in National Safety Court of Appeal, an emergency military court which was set up to address issues arising out of the protests. Shortly after the convictions were handed down, the medics urged the UN to investigate claims of abuse [JURIST report] and due process violations in the trial. Al-Smaheeji told reporters on Thursday that he and the other convicted doctors are innocent of the charges against them.

The 13 doctors, one dentist, nurses and paramedics who were jailed for providing treatment to injured protesters all worked at the Salmaniya Medical Complex in Manama, which was stormed by security forces in March after they drove protesters out of the nearby Pearl Square—the focal point of last year's protests. Among other terrorism charges, the 20 were accused of having possession of an AK-47, Molotov cocktails and other weapons for the purposes of ousting the ruling regime, confiscating medical equipment, spreading lies, inciting hatred against the regime and violating various other laws and regulations with an aim to disturb public security. A Bahrain civilian court in October began hearing the appeals [JURIST report] of the medics. They were granted the opportunity for retrial in civilian court earlier that month after their harsh sentences received international criticism. The medics were sentenced in September to terms ranging from five to 10 years [JURIST report] imprisonment for events that occurred at the medical complex.




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Former Rwanda official accuses president of ordering killing that sparked genocide
Sung Un Kim on June 22, 2012 9:20 AM ET

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[JURIST] A former army chief of staff and ally of Rwandan President Paul Kagame [official profile] on Thursday accused the president of having ordered the killing of his preceding president, Juvenal Habyarimana [Britannica profile]. During his testimony in a Johannesburg court assessing his own attempted murder in 2010 in South Africa, General Faustin Kayumba Nyamwasa [Washington Times profile] claimed [WP report] that the killing of the former president sparked the 1994 Rwandan genocide [HRW backgrounder; JURIST news archive] during which 800,000 ethnic Tutsis and Hutus were killed. Nyamwasa, after tensions with Kagame, fled to South Africa in 2010 where he was shot [BBC report] in front of his home. When the Johannesburg court asked Nyamwasa about the motive of the six individuals accused of attempting to kill him, the former army chief of staff stated that the Rwandan president wants him dead because of his knowledge about Kagame's involvement in the 1994 assassination. The Rwandan government has denied any involvement in the attempted murder two years ago.

This is not the first time the current Rwandan president has been accused of responsibility for the 1994 genocide. Theogene Rudasingwa, the former right-hand man of the Rwandan president, has accused Kagame multiple times of his involvement in the assassination. In April Rudasingwa testified [AllAfrica report] in Paris that witnesses who have information surrounding the killing of the former president should be protected because Kagame is allegedly trying to eliminate anyone having such information. He made the same accusations [BBC report; Facebook Notes] in October. In June 2011, the Southern Africa Litigation Centre (SALC) and the Consortium for Refugees and Migrant Rights (CoRMSA) [advocacy websites] filed suit [JURIST report] against the government of South Africa to revoke the refugee status of Nyamwasa. In early 2011 the Rwanda National Police Force [official website] issued [JURIST report] an international arrest warrant against four officials including Nyamwasa after a military court found them guilty in absentia [AFP report] of disturbing public order, threatening state security and other offenses, handing down sentences ranging from 20 to 24 years in prison.




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UN rights experts urge greater protections for journalists
Jamie Reese on June 22, 2012 8:28 AM ET

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[JURIST] Two reports were presented Thursday to the UN Human Rights Council [official website] to urge for greater protection for the right to life of journalists [press release] and media freedom. Special Rapporteur on freedom of opinion and expression Frank La Rue [official website; report, PDF] and Special Rapporteur on extrajudicial, summary or arbitrary executions Christof Heyns [official website; report, PDF] are asking the international community and governments to recognize the high number of attacks on journalists and other news disseminating individuals. The reports address these attacks, which include arbitrary arrests, torture, killings, and sexual violence, and state that attacks against journalists and media freedom are attacks against democracy. In his report Heyns noted, "While the current international legal framework provides the required normative protection of journalists, the main challenge lies in its full implementation and application of international norms and domestic law and practices." Both reports include recommendations including public condemnation of right to life violations against journalists, support for press freedom by high-level State officials and greater accountability to fight impunity.

Protection of human rights, including media and journalists, remains a central concern for the UN. On Tuesday, La Rue presented a report [JURIST report] concluding that people in Israel and the occupied Palestinian territories are severely limited in free expression, both by the official governing bodies, and de facto authorities like Hamas. In March, Special Rapporteur Margaret Sekaggya [official website] outlined the risks and challenges faced by human rights journalists and media workers in a report [JURIST report] that called for additional protection for these individuals. Last October, Sekaggya released a report [JURIST report] indicating that human rights defenders were still being harassed, attacked and killed more than a decade after the international declaration adopted for their protection. Nobel Peace Prize winner and human rights activist Liu Xiaobo [BBC profile; JURIST news archive] remains imprisoned in China despite international calls for his release. In July 2011, a coalition of human rights organizations issued a joint statement urging the Russian government to investigate the murder [JURIST report] of rights activist Natalia Estemirova [BBC obituary; JURIST news archive]. In June 2011, Zimbabwean human rights activist Farai Maguwu was arrested [JURIST report] for allegedly supplying false information about Zimbabwe's controversial diamond mining practices to the international diamond control body the Kimberly Process [advocacy website], and Human Rights Watch [advocacy website] last month urged the body to address the issue [JURIST report].




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Illinois judge combines lawsuits challenging same-sex marriage ban
Jamie Reese on June 22, 2012 7:35 AM ET

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[JURIST] Presiding judge of the Cook County Chancery Division [official webiste], Moshe Jacobius, agreed Thursday to combine two lawsuits that claim the state's ban on same-sex marriage [JURIST backgrounder] is unconstitutional. The two suits [JURIST report] were filed at the end of May against Illinois Governor Pat Quinn [official website] and Cook County Clerk David Orr [official website], who issues marriage licenses in the county, claiming that the Illinois' ban on same-sex marriage contravenes the state's constitution. Cook County State Attorney Anita Alvarez [official profile] filed a response [JURIST report], on behalf of Orr, with the court last week agreeing with the lawsuits and concluding that the equal protection clause of the Illinois constitution prohibits discrimination in the issuing of marriage licenses on the basis of sexual orientation. Earlier this month, Illinois Attorney General Lisa Madigan [official website] similarly filed notice [JURIST report] with the Cook County Circuit Court stating that her office will present arguments in support of the two lawsuits and in opposition of the state's same-sex marriage ban. The plaintiffs argue that the Marriage and Dissolution of Marriage Act [750 ILCS 5 materials], barring same-sex couples from legally marrying, violates equal protection and due process guarantees in the state's constitution. The next hearing has not yet been scheduled, and it remains to be determined who will defend against the lawsuits [Chicago Tribune report]. The Thomas More Society [advocacy website] has stated [press release] it will petition the court to have its attorneys defend the law, but that petition has not yet been filed.

Illinois was the seventh US jurisdiction to legalize same-sex civil unions, but it has not yet joined the nine jurisdictions that have legalized same-sex marriage. In February, three Illinois legislatures introduced [AP report] the Religious Freedom and Marriage Fairness Act [HB 5170 materials], which would have provided same-sex marriage rights for same-sex couples, but it has not been approved. 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 approved [JURIST report] last month a constitutional amendment [Amendment 1, PDF] to ban same-sex marriage. In February, the Wyoming Senate approved [JURIST report] a bill that would deny recognition of same-sex marriages and civil unions performed in other jurisdictions. New Jersey is still struggling to pass the same-sex marriage bill because Governor Chris Christie conditionally vetoed the bill [JURIST report] and called for a voter referendum to decide the issue, rather than the state legislature.




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