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Legal news from Monday, July 16, 2012




UAE activist deported to Thailand
Sung Un Kim on July 16, 2012 5:04 PM ET

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[JURIST] A political activist of the United Arab Emirates (UAE) [BBC backgrounder; JURIST news archive] on Monday was deported to Thailand after a two-month detention. Ahmed Abdul Khaleq [AlJazeera backgrounder] has called for the rights of the stateless people in the UAE, and was one of the five activists jailed last year [JURIST report] for insulting the state's rulers after participating in a campaign seeking political liberties. Reportedly Abdul Khaleq was being deported to Thailand without any charges [Reuters report] issued against him, and according to him he was being sent merely because of his support for stateless residents of the UAE known as Bidun. Human Rights Watch (HRW) [advocacy website] had criticized [press release] the country, urging it to halt plans to expel Khaleq and immediately release him. In June Abdul Khaleq was given the option to either go in exile or stay for an indefinite time at the al-Sadr prison in Abu Dhabi. He chose the former. HRW condemned UAE for its attempt to silence all of its political opposition activists and dissidents. The UAE Federal Supreme Court found them guilty of charges under § 176 of the UAE Penal Code for publicly insulting UAE president Sheikh Khalifa Bin Zayed [official website] and other government officials.

UAE has been widely criticized for its crackdown of political activists. In April Amnesty International (AI) [advocacy website] and HRW issued [JURIST report] a joint public statement [text, PDF] urging the country to halt the arrests and release political activists. Last July numerous rights groups including HRW, AI, the Arabic Network For Human Rights Information (ANHRI) and Front Line Defenders (FLD) [advocacy website] had called [JURIST report] UAE to end the trial against the five activists. In April of last year, HRW urged [JURIST report] UAE to reverse its decision to dissolve the elected board members of the Jurist Association civil rights group and appointed state officials in their stead.




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New Zealand to ban legal substances unless proven clinically safe
Sung Un Kim on July 16, 2012 4:31 PM ET

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[JURIST] New Zealand Associate Health Minister Peter Dunne [official website] on Monday announced [press release] a plan to ban the use of drugs providing legal highs unless manufactures of such drugs can prove that they are clinically safe. The scientific evidence required for approval is expected to be similar to requirements needed for new medicines, including toxicology data and results of human clinical trials. According to Dunne even if the drugs pass the initial requirements, the products will be facing retail restrictions further limiting potential harm. The new legislation is expected to be introduced in Parliament [official website] later this year, then put into effect by August 13 next year. Until then Temporary Class Drug Notices will be in place to prevent banned drugs from reentering the market. The country's Ministry of Health [official website] had previously reported [official statement] that the current legislation has been ineffective in keeping pace with the rapid growth in psychoactive substances. Also the Cabinet [official website] has reportedly agreed to the new legislation.

Psychotropic substances have been an issue worldwide. The UN Convention on Psychotropic Substances [materials] was signed [JURIST news archive] in Vienna, Austria on February 21, 1971. The Convention was intended to regulate psychotropic substances extending the 1961 UN Single Convention on Narcotic Drugs [materials] regulating cannabis-, cocoa- and opium-based drugs. In 1981 the UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances [materials] was passed to deal with international drug manufacture, possession and distribution, primarily in organized crime. The Convention include 175 nations that have their own laws implementing the Convention within their own boundaries, such as the US Psychotropic Substances Act, the UK Misuse of Drugs Act and the Canadian Controlled Substances Act [texts].




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Tokyo protestors demonstrate against Japan nuclear power industry
Dan Taglioli on July 16, 2012 4:04 PM ET

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[JURIST] Tens of thousands of protestors rallied in Tokyo on Monday as Japan moves to restart the country's nuclear reactors that were shut down following the Fukushima Daiichi nuclear disaster [IAEA backgrounder] last year. The peaceful antinuclear demonstration in Yoyogi park took place on Japan's national holiday, highlighting the nation's ongoing debate regarding nuclear power. Several such rallies have occurred since the unilateral decision last month by Japanese Prime Minister Yoshihiko Noda [BBC profile] to restart Japan's nuclear reactors. There have been weekly protests in front of the prime minister's office [NYT report], where organizers have cordoned off family-only zones to urge parents with children to participate. Earlier this month a Japanese expert panel issued a report claiming that the Fukushima disaster was preventable [JURIST report], arguing negligence rather than natural disaster was the main issue that led to the catastrophe. Before the Fukushima disaster nuclear power accounted for almost one-third of Japan's power supply.

In June more than 1,300 people filed a criminal complaint [JURIST report] against TEPCO for the March 2011 crisis and for the plaintiffs' resulting radiation. The complaint named as defendants Tsunehisa Katsumata, the chairman of TEPCO, Masataka Shimizu, the former president of the company, and Haruki Madarame [Washington Times profiles], the chief of the Nuclear Safety Commission, along with 30 other executives. In March the executives of the company faced another complaint filed [JURIST report] by a group of shareholders in the amount of USD $67 billion for similar claims. They claimed that the company failed to prevent the March 2011 disaster by ignoring warning signs and failing to take appropriate measure to mitigate damages in the event of an earthquake and ensuing tsunami. The meltdown is considered one of the biggest man-made environmental disasters of all time and the largest nuclear accident since Chernobyl in 1986. Japan has been criticized for its handling of the crisis, and international reception to nuclear energy has fallen sharply since the incident. In April 2011 Tamar Cerafici of the Cerafici Law Firm discussed how the Fukushima disaster should guide US policy [JURIST op-ed]. Last August Japanese lawmakers voted to create a fund to compensate victims [JURIST report].




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Hong Kong court allows lawsuit against Deutsche Bank to proceed
Sung Un Kim on July 16, 2012 3:56 PM ET

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[JURIST] A Hong Kong judge on Monday ruled against Deutsche Bank AG [corporate website] on a motion to dismiss a developer's rental fraud lawsuit. Judge A.T. Reyes for the Court of First Instance of the High Court [official website] held [Bloomberg report] that the claims brought by the developer Tin Lik should be resolved at trial. Lik claims that during his sale of the Gateway Plaza in Beijing to Deutsche Bank's RREEF China Commercial Trust in 2007, he was forced to pay a shortfall of HK $279 million (US $36 million) in rental fraud. Lik is demanding the German bank pay him a total of HK $289.4 million, which includes the shortfall he had to cover five years ago. Lik also alleged that the trust used higher figures than actual rents collected from the property during the negotiations. The German bank denied the allegations and claimed that Lik's accusations are spurious. The trial is expected to begin on June 3 of next year.

A similar fraud claim was brought against the Deutsche Bank in May 2011. US Attorney Preet Bharara filed a lawsuit [JURIST report] against the bank accusing it to have engaged in mortgage fraud. The US was seeking more than $1 billion in damages including punitive damages and fines in the US District Court for the Southern District of New York [official website]. The complaint alleged that the bank had lied to the Federal Housing Administration (FHA) [official website] during the period from 1999 to 2009 to obtain and maintain the Direct Endorsement Lender (DEL) status of its subsidiary, MortgageIT. The DEL program enables private lenders to give out mortgages that are qualified for FHA insurance. The MortgageIT however had allegedly ignored the eligibility requirements during the ten-year period.




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US Jewish leaders request Israel reject report on West Bank occupancy
Dan Taglioli on July 16, 2012 2:32 PM ET

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[JURIST] More than 40 prominent American Jewish leaders and scholars sent an appeal letter [AP report] to Israeli Prime Minister Benjamin Netanyahu [official website], it was reported Monday, urging Netanyahu to reject a recent report advocating legitimizing Israeli settlements in the West Bank [JURIST news archive]. The letter's signatories predicted that Israel's international image would be damaged by endorsing the report, which was written by a government-commissioned panel [JURIST report] that included former Supreme Court Justice Edmond Levy. The report argues that the West Bank is not occupied territory, and so recommends that the state legalize dozens of unsanctioned settlements and outposts there by annulling orders of the Supreme Court of Israel [official website, in Hebrew] and other legal rulings. The Palestinians, 2.5 million of whom live in the West Bank, claim the West Bank for a future state and have refused to continue peace negotiations with Israel until settlement construction is frozen. Israel captured the West Bank from Jordan in the 1967 Mideast war and claims that it has a legal right to settle the territory because it is not legally occupied. In contrast the Palestinians and most of the international community argue that the West Bank was controlled by Jordan at the time of its capture, making it occupied territory that does not belong to Israel. There are currently over 200 settlements and outposts in the West Bank, home to more than 500,000 Israeli settlers.

Last week the Israeli Supreme Court postponed the demolition of illegal West Bank settlements [JURIST report], with 30 apartments having had been scheduled for demolition on July 1. West Bank settlements have caused tension between Israel and Palestinian authorities, as well as criticism by international groups, despite the Israeli parliament's vote [JURIST report] against legalizing the unauthorized settlement last month. Also last month the UN Special Rapporteur on the situation of human rights in the occupied Palestinian territories Richard Falk demanded [JURIST report] Israel cease its demolition [press release] of Palestinian buildings in the West Bank settlements after finding that the demolition of Palestinian structures such as houses, animal shelters, water cisterns and roads have risen by 87 percent from last year. Israel responded to international investigations into these settlements by announcing [JURIST report] in March that it will sever ties to the UN Human Rights Council. The announcement came after the UN body initiated its investigation to determine the effect that Israeli settlements have had on the civil, political, economic and cultural rights of the Palestinian people. Even in March 2010, UN Secretary-General Ban Ki-moon [official profile] called [JURIST report] in a press conference Israeli settlement construction in the West Bank "illegal."




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Gaza families visit relatives held in Israel prison
Dan Taglioli on July 16, 2012 2:10 PM ET

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[JURIST] Twenty-four Palestinians detainees were permitted family visits at their Israeli jails on Monday as the result of a deal between Israeli authorities and hunger-striking Palestinian prisoners. Forty Gazans visited their relatives at Ramon prison for the first time since Israel banned family visits in 2007 when Palestinian militants abducted an Israeli soldier. Under the terms of the agreement prisoners' relatives in the Gaza Strip will be permitted weekly family visits, an arrangement reached earlier this year to end a month-long hunger strike [Reuters report] by 1,600 Palestinian prisoners demanding better detention conditions and the end of detention without trial for terrorism suspects. The Palestinians ended their hunger strike and Israel agreed to reinstitute family visits but refused to end the policy of detention without trial in the Egypt-brokered deal between the parties. Children and gifts are not permitted in the 60-minute visit sessions at Ramon prison, which is reached from Gaza by a 14-hour trip through the Negev desert.

Israel has been continuously criticized for its treatment of Palestinian detainees. Last month UN Special Rapporteur on the occupied Palestinian territories Richard Falk [official website] called on Israel to release two Palestinians on hunger strike [JURIST report] after they fell into ill health. That week Amnesty International (AI) urged Israel to release all prisoners [JURIST report] of conscience and administrative detainees or immediately try them under international fair trial standards. In May UN Secretary-General Ban Ki-moon called on Israel to try or release the 1,600 Palestinian prisoners [JURIST report] who had been on hunger strike, to avoid health risks. Earlier the same month the Israeli Supreme Court ruled against [JURIST report] two detainees who had been on hunger strike in their appeal seeking release from detention. During the same month Falk expressed his concern [JURIST report] for the continued human rights violations in Israel's prisons. He called on the country to comply with the international standards of how to treat detainees.




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Florida granted access to federal database in effort to purge state voter rolls
Dan Taglioli on July 16, 2012 1:20 PM ET

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[JURIST] Florida Secretary of State Ken Detzner [official profile] on Saturday announced that the federal government will allow Florida access to a US Department of Homeland Security (DHS) [official website] immigration database to challenge individuals' voting rights if the state suspects them of not being US citizens. The Systematic Alien Verification for Entitlements (SAVE) [official website] database is a web-based service that lists by alien registration number [USCIS materials] individuals who are legally in the US on either visas or green cards, meaning they are ineligible to vote. Under the terms of the agreement, Florida will be able to challenge a voter [AP report] only by providing a "unique identifier" — such as the alien registration number — but the state will be prevented from using only a name and birthdate to seek federal data about a suspected noncitizen. The federal government had denied Florida access to SAVE, prompting the state to sue DHS in federal court [JURIST report]. DHS and Florida finally made a deal after the US District Court for the Northern District of Florida in late June rejected a lawsuit [order, PDF] by the Department of Justice (DOJ) [official website] that had been filed under a provision of the National Voter Registration Act (NVRA) [EAC materials] in order to stop Florida from continuing its voter registration purge [JURIST report] beyond the 90-day "quiet period" prescribed by the NVRA. Florida sued DHS for SAVE access later on the same day DOJ had filed its NVRA lawsuit.

The purging of voter rolls in Florida has created controversy in recent weeks. Florida has also recently faced 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. In June the state said continue to search for ineligible voters even after receiving a letter from DOJ ordering them to stop the practice, prompting DOJ to sue the state. Also that month a federal judge blocked [JURIST report] part of Florida's new election law that required any group that conducts a voter registration drive to turn in registration forms within 48 hours of collecting them or else face a $1,000 per day fine. Last October the state submitted a request [JURIST report] to a federal court challenging the Voting Rights Act (VRA) [text].




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South Africa minister elected first female leader of African Union
Sung Un Kim on July 16, 2012 1:09 PM ET

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[JURIST] South African politician Nkosazana Dlamini-Zuma on Monday was elected the first female leader of the African Union (AU) [official website; JURIST news archive]. Dlamini-Zuma, 63, is the South African Minister of Home Affairs. She was voted into office [AP report] on Sunday evening after she successfully challenged the incumbent candidate, Jean Ping of Gabon, who held the office since 2008. Ping had the backing of French-speaking African nations, while Dlamini-Zuma had the backing of English-speaking nations. The election was praised by numerous organizations including the African National Congress [party website] party. During the Sunday vote Dlamini-Zuma was able to secure 37 out of 54 votes to win the required two-thirds majority. She is also the first South African to hold the post.

Last week AU announced [JURIST report] that it will vote on whether to establish a continental criminal court to try human rights crimes. The African Court on Human and People's Rights (ACHPR) currently does not have jurisdiction to try criminals and asked the AU to pass a resolution granting it the authority to sentence human rights criminals. Last year, African Union Commission (AUC) [official website] Chairperson Jean Ping had accused [JURIST report] former Chief Prosecutor of the International Criminal Court [official website], Luis Moreno-Ocampo [official profile], of targeting African citizens for prosecution. The accusation came amid a vote by Africa's foreign ministers, who supported Kenya's bid to defer the trials of numerous suspects who allegedly planned the 2007 post-election violence [Reuters backgrounder]. In 2010 the Kenyan Parliament approved a motion to withdraw the country from the ICC [JURIST report]. The vote came a week after Ocampo presented [JURIST report] cases against six individuals believed to be responsible for the 2007 post-election violence that resulted in more than 1,000 deaths in the country.




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Maldives former president formally charged for illegal arrest order
Sung Un Kim on July 16, 2012 9:58 AM ET

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[JURIST] Former Maldives president Mohamed Nasheed was formally charged on Sunday with illegally arresting a former chief justice of the nation's criminal court and thereby violating the nation's constitution [text, PDF]. The constitution allows for the arrest of a judge only after a warrant is issued for a particular criminal act, suspicion of such conduct alone being insufficient. However in January the former president unilaterally ordered the arrest [JURIST report] of the Chief Justice Abdulla Mohamed on corruption charges. The secret arrest sparked numerous protests [AP report], with claims that the arrest was made solely in response to the judge's ruling a day earlier that opposition leader Mohamed Jameel Ahmed was being illegally detained under an old criminal defamation law not part of the current democratic law established in 2008. The affair led to Nasheed's resignation [JURIST report] in February. Supporters of the former president have demanded an early reelection, along with the resignation of the current president Mohammed Waheed Hassan [official profile]. Hassan has announced that an election will be held in July of next year, the earliest time permitted under the constitution. Under the current charge, Nasheed faces a maximum sentence of three years in prison or banishment to a remote island.

The arrest of the chief justice and the resulting unrest in Maldives have sparked weeks of tension and unrest that drew international attention. Last week the Committee to Protect Journalists (CPJ) [advocacy website] claimed that press freedom in the country has been deteriorating [JURIST report] since Nasheed's resignation. CPJ argued that under the current president reporters are facing police brutality and attacks by political extremists. In April the Maldives Police Service [official website] had sent the case of the chief justice to the Prosecutor's General Office filing charges against the former president two months after an arrest warrant [JURIST reports] against him was issued. Nasheed has claimed that the arrest and charges against him were politically motivated. The warrant was issued two days after he resigned from his office. A group of Maldives lawyers in January had submitted [JURIST report] the case at issue to the International Criminal Court (ICC) [official website] seeking the intervention by the UN-backed court. The lawyers were asking the court to deem the detention of the chief justice a violation of the International Convention on the Protection of all Persons against Enforced Disappearance [text]. During the same month, the Maldives Minister of Foreign Affairs [official website] had asked [JURIST report] the UN to help them to resolve the unrest arising out of the arrest of the chief justice.




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