JURIST Supported by the University of Pittsburgh
PAPER CHASE ARCHIVEDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.
Listen to Paper Chase!


Legal news from Tuesday, June 26, 2012




Germany court criminalizes circumcision of minors
Sung Un Kim on June 26, 2012 4:13 PM ET

Photo source or description
[JURIST] A German court ruled [press release, in German] Tuesday that circumcising young boys based on religious traditions is prohibited even if the parents consent to the procedure. The Cologne state court [official website, in German] addressed the issue of whether to criminalize the circumcision of Muslim and Jewish children and reasoned that a child's right to physical integrity is above the freedom of religion and parents' rights. The case involved a doctor who carried out a circumcision on a four-year-old Muslim boy on his parents' request. The operation had some complications and after the state's prosecution was notified of the incident, it brought a lawsuit against the doctor. The court, however, dismissed the claim against the doctor reasoning that he was not aware of the procedure's illegality at the time of circumcision. The court's judgment was criticized by religious groups stating that it is infringing upon the right to freedom of religion.

Circumcision remains a controversial throughout the world. In October California Governor Jerry Brown signed into law a bill that will prevent local governments from banning [JURIST report] male circumcision. The law was written in response to a ballot measure proposed in San Francisco that would have made male circumcision illegal if the recipient was under the age of 18, with perpetrators penalized by a fine of $1,000 or imprisonment.




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


Senate committee approves bill to sanction Russia officials linked to lawyer's death
Rebecca DiLeonardo on June 26, 2012 4:08 PM ET

Photo source or description
[JURIST] The US Senate Foreign Relations Committee [official website] on Tuesday unanimously approved a bill [S 1039 text] that would impose sanctions on Russian officials linked to the 2009 death of Russian lawyer Sergei Magnitsky [JURIST news archive]. The bill was approved [JURIST report] by a House committee earlier this month. If passed, the bill will bar the US State Department [official website] from issuing visas to Russian officials connected with Magnitsky's death and will impose other sanctions, including making public the names of suspected officials and banning them from banking in the US. A private investigative report issued in November 2011 detailed the denial of medical treatment [JURIST report] to and severe physical abuse of Magnitsky, a former Russian lawyer and purported whistle-blower. He died [JURIST report] in a Moscow prison in November 2009. Russian Prime Minister Dmitry Medvedev admitted in 2011 that Magnitsky's death was the result of criminal acts, differing from his previous explanation which had blamed prison doctors. Russian President Vladimir Putin [official website, in Russian] has said the Russian government will retaliate [Reuters report] if the bill is passed.

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




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


Libya agrees to consider humanitarian laws during military operations
Sung Un Kim on June 26, 2012 3:41 PM ET

Photo source or description
[JURIST] Libyan armed forces on Tuesday signed [press release] an agreement with the International Committee of the Red Cross (ICRC) [official website] affirming that the country will consider international humanitarian laws during military operations. Under the memorandum, which was signed at the Libyan military headquarters in Tripoli, the ICRC is expected to provide information and support to the country's military forces in how to integrate international humanitarian laws in the training and operation of the armed forces. The ICRC will also provide legal advice in developing the country's Military Act to make it comply with the international legal standard.

Libya is still attempting to recover from the effects of its months-long conflict [JURIST backgrounder] and the fall of former leader Muammar Gaddafi's regime. The country is still facing criticism for numerous human rights violations. In addition, international focus was recently drawn to the country through the recent detention of four staff members of the International Criminal Court (ICC) [official website]. Last week a spokesperson for the Libyan government told reporters that the government has begun interrogations [JURIST report] of the ICC staff members who have been accused of having broken the country's law. The Libyan government has ignored the demand [JURIST report] made by the UN Security Council [official website] for the immediate release of the staff members. The council has noted that the country has a legal obligation under Resolution 1970 (2011) [text, PDF] to "cooperate fully with and provide any necessary assistance to the Court and the Prosecutor." The presidents of the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia (ICTY) [official websites] have joined [JURIST report] the calls for the release of the staff members.




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


Bahrain government to compensate families for protester deaths
Rebecca DiLeonardo on June 26, 2012 3:37 PM ET

Photo source or description
[JURIST] The Bahrain government on Tuesday announced that it would pay $2.6 million in restitution to the families of protesters killed in pro-democracy protests last year. The government said that the compensation was to comply with the recommendations [Reuters report] of the Bahrain Independent Commission of Inquiry (BICI) [official website], which suggested in its report [JURIST report] last year that the government "compensate and provide remedies for the families of the deceased victims in a manner that is commensurate with the gravity of their loss." The government reported that each person would receive approximately $153,000, but no list of families was released. The report, issued in November 2011, concluded that Bahrain authorities had used excessive force and tortured detainees involved in the pro-democracy demonstrations earlier that year. The report also recommended that the government compensate victims of torture and ill-treatment.

In April Amnesty International (AI) [advocacy website] criticized Bahrain [JURIST report] for continued human rights violations, noting that Bahrain's reform efforts following the BICI report had failed to alleviate human rights abuses in the country. In November Bahraini King Hamad bin Isa Al Khalifa ordered a special commission [JURIST report] to investigate the BICI report which concluded that Bahraini authorities used excessive force and to make recommendations. The Bahrain government admitted the use of excessive force [JURIST report] in the protests. This admission, which was made in anticipation of the independent BICI report, was a reversal of the government's previous defense of its actions [CNN report] during the protests. In June, Khalifa announced that an independent commission would investigate human rights violations [JURIST report] related to the pro-democracy protests.




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


UN rights expert urges focus on victims of human trafficking
Sung Un Kim on June 26, 2012 3:15 PM ET

Photo source or description
[JURIST] The UN Special Rapporteur on trafficking in persons [official website], especially women and children, Joy Ngozi Ezeilo [official profile] on Tuesday urged [press release] the international community to focus on the human rights of trafficked individuals when criminalizing and prosecuting human trafficking. Ezeilo noted in her report [text, PDF] that criminalization of trafficking is not the end itself, but an effective prosecution of such offenses should be implemented. Criminal justice and victim support agencies should work closely together to make the anti-trafficking effort more effective. The Special Rapporteur also provided recommendations of how penalties should be imposed on trafficking perpetrators. According to her, an effective penalty would be "proportionate to the offence committed, and proceeds from the crime should be confiscated." States were cautioned about unintentional detrimental effects laws and regulations may have on trafficked individuals, such as involuntary detentions based on protective measures.

Last week, the European Commission [official website] announced that it plans to end human trafficking in Europe [JURIST report]. The commission identified poverty, gender inequality and social unrest as key factors leading to risk of human trafficking. The 40-point plan is going to be implemented during the next five years by the member states with the purpose of achieving the five main goals of 1) identifying, protecting and assisting victims of trafficking; 2) stepping up the prevention of trafficking in human beings; 3) increased prosecution of traffickers; 4) enhanced coordination and cooperation among key actors and policy coherence and 5) increased knowledge of and effective response to emerging concerns related to all forms of trafficking in human beings. In April, the UN urged [JURIST report] the international community to increase its effort to stop human trafficking. It was estimated that at least 2.4 million individuals could be victims of human trafficking at any given moment. Last August, Thailand was called to improve its measures to combat human trafficking including sexual and labor exploitation especially of children.




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


Federal appeals court rules for EPA on greenhouse gas emissions
Sung Un Kim on June 26, 2012 2:21 PM ET

Photo source or description
[JURIST] The United States Court of Appeals for the District of Columbia Circuit [official website] on Tuesday upheld [opinion, PDF] the findings of the Environmental Protection Agency (EPA) [official website] that heat-trapping pollutants such as carbon dioxide are endangering the public health and welfare. The court reviewed four rules: the Endangerment Finding [text, PDF], the Tailpipe Rule [materials], the Timing Rule and the Tailoring Rule [texts, PDF]. It unanimously held that "1) the Endangerment Finding and Tailpipe Rule are neither arbitrary nor capricious; 2) EPA's interpretation of the governing CAA provisions is unambiguously correct; and 3) no petitioner has standing to challenge the Timing and Tailoring Rules." The findings at issue laid out the foundations for EPA's new restriction of greenhouse gas emissions placed on car models build in 2012 and on new regulations on permits for power plants and factories. The 82-page ruling was criticized by industry leaders and politicians who claim that Tuesday's holding will impose heavy burden on the industries, resulting in possible economic stagnation.

The EPA has been granted [JURIST report] authority under the Clean Air Act (CAA) [official website; EPA backgrounder] to regulate the emission of greenhouse gases, such as carbon dioxide, by automobiles. In Massachusetts v. EPA [Duke Law case backgrounder; JURIST report], 12 states and several environmental groups sued the EPA arguing that the agency had "abdicated its responsibility under the Clean Air Act" to regulate greenhouse gas emissions. The court held that greenhouse gas was within the CAA's definition of "air pollutant" and thus, the EPA had statutory authority to take control the emission of such gases from new motor vehicles.




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


Oman court begins trial of 15 human rights activists
Sung Un Kim on June 26, 2012 1:51 PM ET

Photo source or description
[JURIST] An Omani court on Monday began a hearing against protesters who have been accused of defamation and illegal assembly, according to a local newspaper. The Omani authorities have detained more than 30 individuals who have been protesting against the government demanding political reform, promoting human rights and calling for the release of human rights defenders whom Omani authorities have detained. The court proceedings opened with hearing [Reuters report] the case against 15 protesters, four of whom have been charged with defamation and incitement to further protests and strikes in an oil factory and the remainder of whom have been charged with illegal assembly. Protesters joined a strike led by oil facility workers inciting protests leading to more detentions. The hearing is expected to resume on Tuesday.

Earlier this month the Gulf Center for Human Rights (GCHR) [advocacy website] urged [JURIST report] the government of Oman to release all human rights defenders who have been detained solely because of their legitimate human rights work, drop all charges against them, ensure security of the protesters in detention and take measures to protect human rights defenders when pursuing legitimate human rights activities from any harassment. Last year Oman's Misdemeanour Court of First Instance in Muscat sentenced [JURIST report] 13 protesters with to five years in prison for shutting down a government organization, blocking roads and assaulting government employees.




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


Arizona governor: enforcement of immigration law will not violate Constitution
Rebecca DiLeonardo on June 26, 2012 1:48 PM ET

Photo source or description
[JURIST] Arizona Governor Jan Brewer [official website] said [press release] Monday she is pleased with the US Supreme Court's decision upholding the a controversial section of Arizona's immigration law [SB 1070, PDF; JURIST news archive] and that she is confident future enforcement will not violate the Constitution. The decision in Arizona v. United States [SCOTUSblog backgrounder; JURIST report], while striking down three sections of the law, upheld section 2(b) which requires police officers to check the immigration status of anyone whom they arrest and allows police to stop and arrest anyone whom they believe to be an illegal immigrant. The case examined the sole issue of whether the provision was preempted by federal law, and the court noted that its decision did not bar challenges based on other constitutional issues. In a statement, Brewer said she was confident that enforcement of the law would not violate the constitution:
We know the eyes of the world will be upon us. We know critics will be watching and waiting, hoping for another opportunity to continue their legal assault against our State. But I have faith in our law enforcement. Our brave men and women in uniform have been trained so that they are able to enforce this law efficiently, effectively and in harmony with the Constitution.
The controversial law, however, already faces civil rights challenges. Earlier this month, a group of Arizona residents argued [JURIST report] before a federal judge for class-action status in a lawsuit challenging the law. The American Civil Liberties Union (ACLU) [official website] on Monday announced [press release] that it had raised nearly $9 million to "[fight] the 'corrosive effects' of existing anti-immigrant laws in Arizona." US Attorney General Eric Holder [official profile] said [press release] Monday he "remain[s] concerned about the impact of Section 2[b]," noting that it is "not a license to engage in racial profiling."

In upholding section 2(B), the Supreme Court found that the section can be construed as a constitutional exercise of state authority, and that "it would be inappropriate to assume 2(B) will be construed in a way that creates a conflict with federal law." The court noted, however, that this decision does not bar other actions against 2(B) and other parts of the law based on different constitutional issues. The court heard final oral arguments [JURIST report] for the case in late April. The key issue was whether certain provisions of the Arizona law intruded in areas reserved by the Constitution for federal regulation. The Supreme Court agreed to hear the case in December after Arizona asked the high court to weigh in [JURIST reports] on the issue. The US Court of Appeals for the Ninth Circuit upheld an injunction last April before the law ever took effect, and the US Department of Justice [official website] urged the Supreme Court not to hear the appeal [JURIST report].




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


Serbia court sentences 14 individuals for war crimes
Sung Un Kim on June 26, 2012 1:29 PM ET

Photo source or description
[JURIST] The War Crimes Chamber of the Belgrade District Court on Tuesday sentenced 14 former members of the Yugoslav army and paramilitaries for killing non-Serb civilians during the Serbo-Croatian War [GlobalSecurity backgrounder] in which around 20,000 people lost their lives. The court found [B92 report] that the prosecution had presented evidence proving beyond reasonable doubt that the 14 individuals were guilty of killing 70 Croat civilians during November and December 1991. The court sentenced Ljuban Devetak to 20 years in prison and Mulan Radojcic to 13 years, while Milan Devcic and Zeljko Krnjajic each received a 10-year sentences. Former member of the Yugoslav Army Miodrag Dimitrijevic was also sentenced to 10 years in prison while Darko Peric and Radovan Vlajkovic received five years each with Radisav Josipovic getting four years. Jovan Dimitrijevic and Zoran Kosijer, former paramilitaries were sentenced to eight and nine years, respectively. Petronije Stevanovic, Sasa Stojanovic and Dragan Bacic were sentenced to 14, eight and six years. Lastly, Aleksandar Nikolaidis received a six-year sentence. They were found guilty of compelling civilians to walk through mine fields and using them as human shields.

The International Criminal Tribune for the former Yugoslavia (ICTY) [official website] has been working with Serbia to convict and sentence those responsible for the crimes committed during the 1991-95 war in Croatia. Completion of the ICTY is considered the final step before Serbia's accession to the European Union (EU) [official website]. Earlier this month, the ICTY closed its third contempt trial against former Serb nationalist politician and war crimes suspect Vojislav Seselj [official website, in Serbian; JURIST news archive] who has been accused of contempt of court and divulging data in a book he authored [website, in Serbian] disclosing names, occupations and residences of 11 protected witnesses. He was sentenced in October to 18 months in prison and in July 2009 to 15 months [JURIST reports]. A week earlier, the prosecution for the ICTY reported [JURIST report] the court's Completion Strategy to the UN Security Council [official website] addressing among others Serbia's failure to investigate and prosecute those who aided the fugitives. In July 2011, Serbian authorities arrested [JURIST report] Goran Hadzic [ICTY backgrounder], the last fugitive of the original 161 sought for war crimes by the ICTY.




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


Netherlands to appeal state liability for deaths of 3 Bosniaks at Srebrenica
Rebecca DiLeonardo on June 26, 2012 1:03 PM ET

Photo source or description
[JURIST] The Netherlands plans to appeal a judgment finding its government liable for the death of three Bosnian Muslims (Bosiniaks) during the Srebrenica massacre [BBC timeline; JURIST news archive] and forcing it to compensate the men's families. The Hague Appeals Court [official website, in Dutch] last year ruled [judgment, in Dutch] that the Netherlands is liable [JURIST report] for the deaths of three Bosiniaks who took refuge in a UN-designated "safe area" controlled by the Dutch battalion (Dutchbat), during the invasion of Srebrenica by Ratko Mladic [ICTY backgrounder, PDF; JURIST news archive]. Dutchbat allegedly forced the refugees to leave the compound after which they were killed during the massacre. The court held that Dutchbat knew that men were being beaten and killed by the invading army and thus should reasonably have known that by forcing the men out of the compound it was putting them in grave danger. A spokesman for the government of the Netherlands said that they believed the area was effectively under UN control [AFP report] at the time of the incident.

Relatives of the victims filed the complaint [JURIST report] with the Dutch prosecutor's office in July 2010 alleging that three Dutch soldiers, operating as UN peacekeepers, were complicit in the commission of war crimes and genocide during the 1995 Srebrenica massacre. The complaint argued that the soldiers knew the victims would be killed if they were handed over to Serbian troops. Relatives of the victims of the Srebrenica massacre had previously sought justice for the actions of Dutch peacekeeping forces, which they say led to the massacre. In March, The Hague Appeals Court upheld [JURIST report] the UN's immunity from prosecution by rejecting claims [JURIST report] brought by relatives of victims of the massacre. The relatives, known as the Mothers of Srebrenica, alleged that the Netherlands should be liable for the deaths because Dutch soldiers operating under the UN flag negligently failed to protect civilians by forcing the victims out of "safe area" and turning them over to Bosnian Serbs. Ratko Mladic was arrested [JURIST report] in May and is currently on trial in the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] for charges of genocide and crimes against humanity. He was thrown out of his latest court appearance [JURIST report] earlier this week for causing a disruption and refusing to issue a plea.




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


South Sudan urged to adopt plan to prevent future violence
Sung Un Kim on June 26, 2012 12:35 PM ET

Photo source or description
[JURIST] The UN Mission in the Republic of South Sudan (UNMISS) [official website] on Monday urged South Sudan [BBC backgrounder; JURIST news archive] to adopt a plan to prevent further inter-communal violence [press release] in Jonglei State. The report [text, PDF] was completed based on information gathered through 20 field missions by UNMISS with the support of the Office of the High Commissioner for Human Rights (OHCHR) [official website]. The report revealed that there were 612 fatalities during the armed conflict between Lou Nuer and Murle ethnic groups between December 23 and January 4. Investigators found that the attacks targeted entire communities, including women and children. UNMISS called on the newly created government to ensure that its citizens will be free from conflicts based on ethnicity:
While the causes of inter-communal violence in Jonglei State are complex, ranging from arms proliferation and insecurity to marginalisation and lack of development, it is imperative that the newly-independent State demonstrates its commitment to preventing further intercommunal attacks and protecting civilians from violence and abuse, regardless of their ethnic origin. Its success in creating a new state and national identity will greatly depend on its ability to overcome ethnically-driven conflict, and to safeguard the human rights of all its people and communities, including access to food, education and healthcare.
UNMISS provided nine recommendations for the country to avoid similar violence and conflicts in the future. Among others, the country should develop a "comprehensive, multi-sectorial plan with short, medium and long-term actions to respond to the main causes of the violence in Jonglei State" while keep supporting the peace process that has already launched.

In February Human Rights Watch (HRW) [advocacy website] had called on [JURIST report] South Sudan to investigate the ethnic conflict sparked by the attacks made on Murle villages and to prosecute those responsible for the violence. In December around 6,000 to 8,000 armed Lou Nuer youths calling themselves "White Army" invaded the Murle villages for 12 days, robbing and burning houses and killing thousands of people. In response, the Murles groups initiated retaliatory attacks on Lou Nuer and Bor Dinka areas which lasted until February 4. South Sudan is not only facing tension within its boundaries. In April the Sudanese government declared a state of emergency [JURIST report] on the South Sudan border after the arrest of four people whom the Sudanese claim were arrested for aggression against the north in the contested Heglig oil fields. During the same month, UN High Commissioner for Human Rights Navi Pillay [official profile] called on [JURIST report] both Sudan [BBC backgrounder; JURIST news archive] and South Sudan to stop the violence that has caused fatalities on both sides. South Sudan was recognized as an independent state [JURIST report] in July 2011, making it the world's 193rd nation.




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


Egypt court strikes down military powers of arrest
Rebecca DiLeonardo on June 26, 2012 12:28 PM ET

Photo source or description
[JURIST] An Egyptian court on Tuesday struck down a government decree that restored broad arrest powers to Egyptian military officials. The Ministry of Justice issued the decree in June, restoring some of the power previously granted to the military through the emergency law, which expired [JURIST reports] in May after being in effect for nearly 30 years. Human Rights Watch (HRW) [advocacy website] last week expressed concern [JURIST report] about the growing power of the Egyptian military rulers. The court determined Tuesday that the decree interfered with the transfer of power [Reuters report] to the president promised in the interim constitution. The decree was to remain in effect until the newly-elected constitutional assembly completed the Egyptian Constitution, but the assembly is not expected to complete a draft of the Constitution for several months. The decision of the court immediately repeals the powers granted in the decree. The Ministry of Justice may appeal the decision.

Egypt announced on Sunday that Muslim Brotherhood (MB) [party website] candidate Mohammed Mursi had won the presidential elections [NYT report]. Despite the success of a peaceful presidential election, Egypt has faced continued political turmoil since the overthrow of former president Hosni Mubarak last year. Last week, a former candidate in Egypt's presidential election and several non-government organizations filed a lawsuit challenging Egypt's interim constitution [JURIST report], alleging it gives the Egyptian military unlimited power. Earlier this month, the Supreme Constitutional Court of Egypt dissolved the country's Parliament [JURIST report] after finding that one-third of its members were elected illegally. Days earlier, the now-dissolved Egyptian parliament elected a new constitutional council after lawmakers finally reached an agreement [JURIST reports] on the political composition of the council. Egypt's Supreme Administrative Court in April effectively suspended [JURIST report] the work of the 100-member council responsible for drafting the country's new constitution after ruling in favor of a lawsuit challenging the constitutionality of the formation of the panel.




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


Zambia court rejects suspension of opposition party
Sung Un Kim on June 26, 2012 11:28 AM ET

Photo source or description
[JURIST] A Zambian court on Tuesday rejected the application for the de-registration of the Movement for Multiparty Democracy (MMD) party which had held power for the past 20 years until September of last year. Lusaka High Court Judge Jane Kabuka reasoned [Reuters report] that the application filed by the registrar of societies Clement Andeleki to suspend the entire party was excessive. The suspension came after it was revealed that the party had failed to pay its statutory obligations for the past 20 years amounting to 390 million kwacha (USD $75,000). However, Kabuka stated that a fine would have been sufficient rather than the suspension of the entire party. The MMD, one of the largest and oldest political parties which holds 53 seats of the 150-member parliament [official website], appealed the de-registration decision [BBC report] in March. The MMD lost its power in September to the Patriotic Front (PF) [party website] of President Michael Sata [BBC profile].

Last year a Zambian court ruled [JURIST report] that then-president Rupiah Banda could run for re-election after the PF alleged that the presidential candidate's father was born in Malawi, a factor that would have effectively banned him from running for president. The country's constitution prohibits a candidate from running for president if either one of the candidate's parents is not a Zambian citizen by birth.




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


Federal judge blocks Florida law barring contracts for business tied to Cuba, Syria
Rebecca DiLeonardo on June 26, 2012 11:23 AM ET

Photo source or description
[JURIST] A judge for the US District Court for the Southern District of Florida [official website] on Monday issued a temporary injunction blocking enforcement of a new Florida law [materials] that denies government contracts to companies that do business in Cuba or Syria. The law is currently facing a challenge [JURIST report] from Odebrecht Construction Inc. [corporate website, in Portuguese], a company that would be affected by the new legislation. The company argues that the law is an unconstitutional intrusion in the federal government's authority to regulate foreign affairs. In issuing the injunction, Judge K Michael Moore noted that laws like this have not survived in the past. The law, which was signed by Governor Rick Scott [official website] in early May, bars any company that is "engaged in business operations in Syria or Cuba" from bidding for government contracts and authorizes steep penalties for companies who fail to disclose ties to the countries. It was planned to take effect on July 1. Lawyers for Florida say the state has the authority to choose the businesses with which it contracts.

Cuba-US relations have improved in recent years. Last year US President Barack Obama [official profile] ordered [JURIST report] the Departments of State, Treasury and Homeland Security [official websites] to take steps to ease restrictions on travel and remittances to Cuba. The new regulations were expected to allow greater travel from the US to Cuba for religious and educational purposes, the transfer of up to $2000 per year to non-family members in Cuba so long as they are not senior government or Communist Party leaders, and all US international airports to service charter flights between the two countries. In 2009, Obama ordered the lifting of travel restrictions and restrictions on money transfers [JURIST report] between Cuban-Americans and their families in Cuba in 2009. Obama also ordered that US telecommunications companies be allowed to work within Cuba to facilitate communication between families split between the two countries. The plan was put forward as not only necessary for the interests of the families, but also as way to bolster a democratic movement within Cuba




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


UN SG urges nations to cease torture against civilians
Sung Un Kim on June 26, 2012 10:41 AM ET

Photo source or description
[JURIST] UN Secretary-General Ban Ki-moon [official profile] on Tuesday urged the international community to take measures to stop torture [official statement] by numerous states against their own citizens. Commemorating the International Day in Support of Victims of Torture [official website], Ban and other UN officials addressed the need for continued support to end inhumane practices in various places around the world. Ban noted that countries are still using torture and other inhumane practices against citizens in response to their legitimate demand for freedom and human rights. The secretary-general stated that states should not only find ways to cease such practices but should also implement measures to compensate victims:
We also note the obligation of States not only to prevent torture but to provide all torture victims with effective and prompt redress, compensation and appropriate social, psychological, medical and other forms of rehabilitation. Both the General Assembly and the Human Rights Council have now strongly urged States to establish and support rehabilitation centres or facilities. The United Nations Voluntary Fund for Victims of Torture supports hundreds of organizations and entities that provide assistance to victims of torture and their family members in all regions of the world. However, the Fund has seen a significant decrease in contributions over the past two years. I strongly encourage States to reverse this trend, despite current global financial uncertainty. By concretely supporting victims of torture, the international community will prove its unequivocal determination and commitment to fight torture and impunity.
UN High Commissioner for Human Rights Navi Pillay [official profile] supported [press release] Ban's call on Tuesday by stating that torture is illegal in any circumstance and urging states to live up to their promise to prevent and stop inhumane treatment of individuals. She also noted that torture is used even against children. In 1997, the UN General Assembly [official website] proclaimed June 26 the International Day in Support of Victims of Torture through Resolution 52/149 [text, PDF].

Torture and ill-treatment of individuals remain problems throughout the international community. Last week, the new Senegalese government was urged to adopt fresh measures [JURIST report] to protect and promote human rights by addressing the impunity that undermines the judicial system and rule of law in the country. Amnesty International (AI) [advocacy website] found that the government was using torture and other similar methods to stop protesters and civilians as well as journalists and political opponents. Syria has also been subject to criticism by the UN experts [JURIST report] and human rights organizations such as Human Rights Watch (HRW) [advocacy website] for its use of torture against civilians. It was reported [JURIST report] that Syria was even sexually abusing detainees regardless of gender and age. Even Canada was condemned [JURIST report] earlier this month for being complicit in rights violations against three Canadians who were held prisoner in Syria. The Canadian government dismissed [JURIST report] the criticism six days later. Exactly two years ago, Pillay pledged justice for torture victims [JURIST report], noted that democracies with a rule of law in place still maintain amnesties that prevent torturers from being brought to justice and promised that the international criminal tribunals and the International Criminal Court (ICC) [official website] will continue to prosecute those responsible for torture.




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


HRW: China must provide for Myanmar refugees
Rebecca DiLeonardo on June 26, 2012 10:38 AM ET

Photo source or description
[JURIST] Human Rights Watch (HRW) [advocacy website] on Tuesday issued a report [text, PDF; press release] documenting refugee abuse and urging the government of China to provide basic food and shelter needs to thousands of refugees fleeing sectarian violence in neighboring Myanmar [BBC backgrounder; JURIST news archive]. Escalating violence between the Myanmar Army and the Kachin Independence Army (KIA) has put thousands of ethnic Kachin civilians in the country at risk. HRW noted that although China has generally accepted the Myanmar refugees into its borders, they typically live in poor conditions without access to adequate food, shelter, or health care. Additionally, HRW reported that the Chinese authorities arbitrarily turn away some refugees, and force others back into war-torn areas of Myanmar. The report also alleges that Myanmar refugees in China are subject to abuse by Chinese authorities, including random road-side drug testing, detention, and arbitrary fines, all without due process of law. The rights group noted that China is a party to the 1951 Refugee Convention [materials] and is required under international law to provide assistance to refugees. They called on China to immediately institute temporary protection measures for the refugees and provide them with adequate food and shelter.

Escalating conflict in Myanmar has led to international concerns. Earlier this month, HRW urged Bangladesh [JURIST report] to open its borders to Myanmar refugees. Also this month, 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 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.




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


Military judge to review allegedly withheld evidence in Wikileaks trial
Rebecca DiLeonardo on June 26, 2012 10:00 AM ET

Photo source or description
[JURIST] Army Col. Denise Lind on Monday ordered the prosecution in the case against Pfc. Bradley Manning [advocacy website; JURIST news archive] to submit to her a number of files that were allegedly withheld from the defense during discovery. Manning is accused of transferring more than 700,000 confidential documents and video clips to Wikileaks [website; JURIST news archive], the largest intelligence leak is US history. Manning's defense has argued the leaks did not hurt US national security, but the US Army has responded that Manning's actions indirectly aided al Qaeda. Manning's lawyers now allege that the prosecution has withheld damage assessment reports [AP report] that may affect the outcome of his case. Lind ordered the prosecution to turn over the reports as well as a "due diligence statement" accounting for their failure to reveal the documents earlier. The prosecution has maintained that their actions were justified and that it is time-consuming to obtain the documents in question.

Earlier this month, Lind denied a motion [JURIST report] to dismiss eight of the 22 charges against Manning after his defense had argued they were unconstitutionally vague. Last month UN Special Rapporteur on torture Juan Mendez accused the US government of cruel and inhuman treatment [JURIST report] of Manning. The US military court referred Manning's case for court-martial in February after a US Army panel of experts declared Manning competent to stand trial [JURIST reports] last April. Manning's prosecution has sparked heated debate between defenders and critics. Those who support Manning's actions refer to him as courageous for acting as a whistleblower [advocacy petition] against government crime and corruption, comparing him to famous US whistleblowers such as Frank Serpico and Daniel Ellsberg, who leaked information regarding corruption in the New York Police Department and the Pentagon, respectively.




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


Ukraine court postpones Tymoshenko appeal
Rebecca DiLeonardo on June 26, 2012 9:24 AM ET

Photo source or description
[JURIST] A Ukrainian appeals court on Tuesday delayed the appeal hearing for former Ukrainian prime minister Yulia Tymoshenko [personal website; JURIST news archive] challenging her corruption conviction and seven-year sentence. Although Tymoshenko has previously indicated that she would discontinue all appeals in Ukrainian courts [JURIST report], she is required to exhaust all national options before appealing to the European Court of Human Rights (ECHR) [official website]. Tymoshenko's lawyers accused [press release, in Ukrainian] the prosecution of attempting to delay the transfer of her case to the ECHR. Her lawyers also said that they believed the hearing delays would continue [press release, in Ukrainian] "because the main goal of all these cases is to remove Yulia Tymoshenko from active participation in Ukrainian politics and deny her the opportunity to be elected to parliament in the 2012 elections." European leaders have called for Tymoshenko's release, and many politicians have chosen to boycott the Ukraine [Reuters report] as it co-hosts the Euro 2012 soccer championships this month.

Tymoshenko is currently facing additional charges of tax evasion. On Monday, a Ukrainian court postponed a hearing [JURIST report] in that trial and ordered Tymoshenko to be seen by a court-appointed doctor after she again failed to appear in court due to health concerns. Tymoshenko is reportedly suffering from a spinal condition which causes her debilitating pain. Earlier this month, the ECHR ended an investigation [JURIST report] into the health care conditions of Tymoshenko, finding that the Ukrainian government provided her with adequate care. She previously alleged that prison guards were beating her [press release, in Ukrainian], and refused to be treated [JURIST report] by prison doctors for back problems, believing they were under the direction of political rival President Viktor Yanukovych. Tymoshenko has already been sentenced to seven years [JURIST report] in prison on corruption charges. Ukrainian prosecutors have also indicated that she will face charges [JURIST report] in a 1996 contract killing.




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


Bangladesh war crimes tribunal rejects bail plea for Jamaat-e-Islami leader
Jamie Davis on June 26, 2012 8:18 AM ET

Photo source or description
[JURIST] The International Crimes Tribunal Bangladesh (ICTB) on Monday rejected a bail petition from Jamaat-e-Islami party (JI) [party website, in Bengali; GlobalSecurity backgrounder] leader Delwar Hossain Sayeedee [JURIST news archive]. Lawyers for Sayeedee asserted that he just had a surgery and needed to be placed on bail [Gulf Times report] in order to recover fully. The prosecutor opposed the bail petition, citing that Sayeedee has been recovering well and is already receiving necessary medical attention. Sayedee is a former member of Parliament in the National Assembly of Bangladesh [official website, in Bengali] and one of the leaders of the JI Bangladesh. He has been charged with 20 crimes [PTI report] contained in the International Crimes (Tribunals) Act of 1973 [text, PDF] including genocide, arson, rape and torture, and he went on trial [JURIST report] in November.

The ICTB has continued to arrest and indict individuals accused of war crimes in connection to the 1971 Bangladesh Liberation War. On Thursday, the ICTB indicted Ali Ahsan Mohammad Mojaheed [JURIST report], secretary general of the JI, on seven counts of crimes against humanity. Earlier in the week, Bangladesh police arrested [JURIST report] Mir Kashem Ali for allegedly being an auxiliary to the Pakistani armed forces and running a torture facility at the Dalim Hotel during the war. The ICTB issued an arrest warrant earlier that day against the chairman of Diganta Media Corporation [Facebook page] and senior leader of the JI. He was the eighth high-profile leader who has been indicted for the crimes committed during the war. A week earlier, the ICTB indicted [JURIST report] former Bangladesh Nationalist Party (BNP) leader Abdul Alim on 17 counts of crimes against humanity, Bangladesh's national news agency reported.




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


New York judge approves settlement over Madoff Ponzi scheme
Jamie Davis on June 26, 2012 8:14 AM ET

Photo source or description
[JURIST] A New York judge on Friday approved a $410 million settlement agreement [press release] between hedge fund manager Ezra Merkin and the state of New York in a lawsuit connected with the Bernard Madoff Ponzi scheme [JURIST news archive]. New York state brought suit against Merkin in 2009, accusing him of directing funds into Madoff's Ponzi scheme and charging him with violations of the Martin Act, General Business Law § 352 and Executive Law § 63(12). The suit also accused Merkin of violating his fiduciary duty to funds he controlled. According to New York Attorney General Eric Schneiderman [official website], Merkin received hundreds of millions of dollars in management fees while his clients lost money to Madoff. The settlement plan requires Merkin to pay $405 million dollars to investors who lost money to the scheme and $5 million to the state of New York to cover costs. Schneiderman said:
I am proud to announce that we have recovered over $400 million for the investors and charities that were harmed by history's largest Ponzi scheme. This agreement is a victory for justice and accountability.Many New Yorkers entrusted their investments to Mr. Merkin, who then steered the money to Madoff while receiving millions of dollars in management and incentive fees. By holding Mr. Merkin accountable, this settlement will help bring justice for the people and institutions that lost millions of dollars.
Under this agreement, aggrieved investors should be able to recover 40 percent of their lost money.

Courts have recently been cracking down on rogue financiers and their Ponzi schemes. Earlier this month federal prosecutors urged a judge [JURIST report] to give Allen Stanford the maximum sentence of 230 years in prison for his involvement in a $47 million Ponzi scheme. His would be the maximum sentence under federal sentencing guidelines and 90 more years than Madoff received in 2009. In March, Madoff trustee Irving Picard and the owners of the New York Mets reached a $162 million settlement [JURIST report] for victims of the Madoff Ponzi scheme, avoiding a trial in the US District Court for the Southern District of New York. Madoff was sentenced [JURIST report] in June 2009 to 150 years in prison for securities fraud stemming from his Ponzi scheme. He pleaded guilty [JURIST report] to 11 counts of securities fraud in March 2009.




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

For more legal news check the Paper Chase Archive...


LATEST OP-ED

Is Egypt's Stance on the Blue Nile Dam Legally Justified?
DOMESTIC
Zeray Yihdego
University of Aberdeen School of Law

Get JURIST legal news delivered daily to your e-mail!

SYNDICATION

Add Paper Chase legal news to your RSS reader or personalized portal:
  • Add to Google
  • Add to My Yahoo!
  • Subscribe with Bloglines
  • Add to My AOL

E-MAIL

Subscribe to Paper Chase by e-mail. JURIST offers a free once-a-day digest [sample]. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.


R|mail e-mails individual Paper Chase posts through the day. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.

PUBLICATION

Join top US law schools, federal appeals courts, law firms and legal organizations by publishing Paper Chase legal news on your public website or intranet.

JURIST offers a news ticker and preformatted headline boxes updated in real time. Get the code.

Feedroll provides free Paper Chase news boxes with headlines or digests precisely tailored to your website's look and feel, with content updated every 15 minutes. Customize and get the code.

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org