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Legal news from Thursday, July 19, 2012 |
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Charles Taylor appeals war crimes convictions
Dan Taglioli on July 19, 2012 4:05 PM ET

[JURIST] Former Liberian president Charles Taylor [BBC profile; JURIST news archive] on Thursday appealed his conviction and 50-year sentence for war crimes committed during the civil war in Sierra Leone [JURIST news archive]. Taylor's appeal [AFP report] states that the the UN-backed Special Court for Sierra Leone (SCSL) [official website] made "systematic errors" in evaluating evidence and relied on hearsay as the basis for its fact-finding. The former warlord was sentenced to 50 years in prison in May after he was convicted [JURIST reports] of war crimes a month earlier. He was accused 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. Specifically Taylor was convicted of 11 counts for arming Sierra Leone's rebels in return for "blood diamonds" during the war. At the sentencing hearing Taylor claimed [JURIST report] he had "sadness and deepest sympathy for the atrocities and crimes suffered in Sierra Leone" but that he was not responsible for actions taken by rebel forces during the decade-long civil war that claimed 120,000 lives.
In June Kenneth Gallant of the University of Arkansas at Little Rock William H. Bowen School of Law wrote that Taylor's sentencing should have included the provision of reparations for his victims [JURIST op-ed], and that the prosecution ought to raise that issue on appeal. In February Taylor's lawyers asked that the SCSL reopen the case [JURIST report] in light of new evidence, including a report by the UN Panel of Experts on Liberia. His lawyers claimed that the new evidence demonstrated that Taylor was not instrumental in the war crimes committed by rebel forces, but the court declined to reopen the case. The SCSL heard closing arguments [JURIST report] in March 2011. Taylor denied all the charges [JURIST report] against him. His defense lawyers opened their case [JURIST report] in July 2009 and have claimed that he could not have commanded rebel forces in Sierra Leone while acting as the president of Liberia. Taylor's trial continued after the court denied his motion for acquittal [JURIST report] in May 2009.


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Germany lawmakers to introduce bill protecting religious circumcision
Sung Un Kim on July 19, 2012 3:43 PM ET

[JURIST] The Bundestag [official website, in German], the lower house of the German parliament, is expected to vote on a bill [text, PDF, in German] that would protect religious circumcision [JURIST news archive] in Germany. The session came a week after the German government announced [JURIST report] its plan to act swiftly to lift criminal sanctions imposed on circumcision. Spokesperson for Chancellor Angela Merkel [official website, in German], Steffen Seibert, said that without adequate protections for the practice of circumcision, Jewish and Muslim communities would not be able to live in Germany because the practice is so fundamental to the groups. Seibert added that circumcision executed in a responsible manner should be free from any criminal punishments. Various Jewish and Muslim groups, including the Rabbinical Centre of Europe, the European Jewish Parliament [advocacy websites], the European Jewish Association, Germany's Turkish-Islamic Union for Religious Affairs [advocacy website, in German] and the Islamic Centre Brussels [advocacy website], have joined to defend circumcision. The issue of circumcision in Germany arose when the Cologne state court [official website, in German] ruled [press release, in German] in June that circumcising young boys based on religious traditions is prohibited [JURIST report] even if the parents consent to the procedure. It 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 at 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.
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.


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Reproductive rights group releases report detailing 2012 abortion laws
Dan Taglioli on July 19, 2012 3:06 PM ET

[JURIST] The Center for Reproductive Rights (CRR) [advocacy website] released its annual mid-year report summarizing some of the trends observed in 2012 in the ongoing US reproductive rights controversy [JURIST backgrounder] and highlighting some of what the CRR considers the most damaging proposals that became law this year. The 2012 Mid-Year Legislative Wrap-Up [report, PDF; press release] includes details on the most significant abortion restrictions passed in 2012, as well as CRR's ongoing legal responses to several measures. The report also explains the different types of legislative restrictions trending this year and provides a state-by-state survey of specific enactments.This report is intended to canvass some of the more significant trends in reproductive health legislation and highlight some of the most troubling restrictions passed thus far. While the majority of reproductive health legislation enacted this year was restrictive, there were also some positive advances in the form of policies related to maternal health and rights. ... [However, i]n at least 17 states, legislation designed to restrict women's access to reproductive health care and impinge on their constitutional rights has already become law. As the year continues, and more restrictive bills are considered, pro-choice advocates and legislators in several states will have the opportunity to prevent these harmful public health choices from being made in their own states. CRR claims that abortion providers across the country are are struggling "against a flood of laws designed to make it more difficult, or even impossible, to deliver reproductive health care."
Last week the Guttmacher Institute [official website] released a study [JURIST report] detailing how the enactment of numerous anti-abortion laws over the past decade has affected the reproductive rights of American women and created discrepancies among states. The report notes that over the course of 2011 legislators in the 50 states introduced more than 1,100 provisions related to reproductive health and rights, of which 135 new reproductive health provisions were enacted. Also last week CRR and the American Civil Liberties Union of Arizona [advocacy websites] filed a lawsuit challenging an Arizona law [JURIST reports] that prohibits abortions after 20 weeks into a pregnancy unless there is a medical emergency. A day earlier the US District Court for the Southern District of Mississippi [official website] extended its initial temporary injunction following a lawsuit [JURIST reports] brought by an abortion clinic, blocking a controversial Mississippi abortion law that was supposed to go in effect at the beginning of this month.


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Egypt court delays ruling on parliament, military powers
Sung Un Kim on July 19, 2012 2:58 PM ET

[JURIST] Egypt's Supreme Administrative Court ruled Thursday that it does not have jurisdiction over two cases related to the decree issued by the newly elected President Mohammed Morsi [BBC profile; JURIST news archive] to reconvene parliament and the constitutional declaration by the Supreme Council of the Armed Forces (SCAF) [NYT backgrounder] that gave the military broad authority including legislative power. Earlier this month, a few days after he was sworn in, Morsi issued [JURIST reports] a decree [text] calling the dissolved Egyptian parliament back into session despite a previous ruling by the country's Supreme Constitutional Court [official website] dissolving it due to its finding that one-third of its members were elected illegally [JURIST report]. The Supreme Constitutional Court suspended the decree two days later after which Morsi vowed that he would respect the ruling [JURIST reports]. SCAF transferred power [JURIST report] to Morsi, before doing so, issued an interim constitution [Egypt State Information Service report, in Arabic] that retains most of its power. For example, the SCAF maintains the sole authority over the military as well as appointment of its officers and commanders. Although the new president can declare war, he is still subject to SCAF's approval. The interim constitution gives the council also legislative powers until a new parliament is elected. SCAF's move was criticized by observers and challenged by politicians [JURIST report] who claim it gives far more power to the council than expected while the president is given only little authority over the state's affairs. The administrative court did not provide its reasoning for Thursday's decision.
Egypt is still struggling with political unrest since former president Hosni Mubarak [Al Jazeera profile; JURIST news archive] was ousted last year. Earlier this month, Morsi issued a decree [JURIST report] appointing a fact-finding committee to investigate the deaths of protesters in last year's demonstrations. A court struck down [JURIST report] a government decree in June that restored broad arrest powers to Egyptian military officials. Days before its dissolution, the Egyptian parliament elected a new constitutional council after lawmakers finally reached an agreement [JURIST reports] on the political composition of the council. In April the country's Administrative Court 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. SCAF has been criticized for its use of violence against protesters in an attempt to suppress opposition of any form. Amnesty International (AI) [advocacy website] reported that SCAF has committed [JURIST report] numerous human rights violations, including abuse of protesters and journalists who voice their dissatisfaction with the government.


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Report: voter ID laws place substantial burden on right to vote
Dan Taglioli on July 19, 2012 1:59 PM ET

[JURIST] The Brennan Center for Justice [advocacy website] released a report on Tuesday describing the burden on Americans who must obtain government-issued photo ID to comply with restrictive state voter ID laws. The Challenge of Obtaining Voter Identification [report, PDF; press release] is the first comprehensive assessment of the difficulties that eligible voters face in obtaining free photo ID in order to vote. According to the report, the 11 percent of eligible voters who lack the required photo ID must travel to a designated government office to obtain one, and voter restrictive states are legally required to provide a photo ID free of charge. However, in those states more than 10 million eligible voters live more than 10 miles from their nearest state ID-issuing office open more than two days a week, over one million of whom fall below the federal poverty line, and nearly 500,000 of whom do not have access to a vehicle. Furthermore, voters may be particularly affected by the significant costs of the documentation required to obtain a photo ID, such as birth certificates and marriage licenses that can cost up to $25. The report notes by comparison that the poll tax [Cornell LII backgrounder] that the US Supreme Court struck down [Harper opinion] as unconstitutional in 1966 was $1.50, or $10.62 in 2012 dollars [BLS inflation calculator]. The report also documents the idiosyncratic hours of certain ID-issuing offices, such as a Wisconsin office that is only open on the fifth Wednesday of each month (there are only four such Wednesdays in 2012). Ten states—Alabama, Georgia, Indiana, Kansas, Mississippi, Pennsylvania, South Carolina, Tennessee, Texas, and Wisconsin—now carry the most restrictive "no photo, no vote" type of voter ID law.
For their laws to take effect, Mississippi, South Carolina and Texas must receive from the Department of Justice (DOJ) [official website] Section 5 preclearances [DOJ backgrounder] under the Voting Rights Act of 1965 (VRA) [materials]. The VRA was enacted to put an end to the systematic disenfranchisement of minority voters that ran rampant in Southern districts in the 1960s. Section 5 relies heavily on patterns of past discrimination to determine which state, county and local governments must obtain preclearance for election changes. Wisconsin's Dane County Circuit Court [official website] struck down that state's voter ID law as unconstitutional in March and again last week [JURIST reports]. The court issued a temporary injunction [JURIST report] barring the law from taking effect, and the Wisconsin Supreme Court [official website] has refused to consider appeals [JURIST report], presently leaving the matter to the Wisconsin Courts of Appeal. The law could go into effect if the rulings are overturned. There are now more than 30 US states [NCSL backgrounder] that require voters to present some form of ID at the polls, including 17 states that have passed laws that require a photo ID.


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Tunisia ex-president sentenced in absentia to life for killing protesters
Sung Un Kim on July 19, 2012 11:59 AM ET

[JURIST] A Tunisian military court on Thursday sentenced the country's former president Zine El Abidine Ben Ali [BBC profile; JURIST news archive] in absentia to life in prison for his involvement in the killing of 43 protesters during last year's Tunisian revolution which resulted in the death of more than 200 protesters. The court found Ben Ali guilty [AFP report] of complicity to murder protesters during the unrest which forced him out of office. Along with Ben Ali, the court sentenced approximately 40 others who were alleged to be involved in the killings. Among them were General Ali Seriati, ex-head of presidential security, who was sentenced to 20 years in prison, former interior minister Rafik Belhaj Kacem who faced 15-year sentence and Ahmed Friaa, another former interior minister, whose charges were dismissed. The court acquitted 21 defendants, and Ben Ali was the only one receiving a life sentence while the others were sentenced to between five to 20 years. Following the sentences, families of the victims condemned the court's decision stating that the sentences were too lenient and that all the defendants should have received life prison terms.
Ben Ali was already sentenced to life in prison for his involvement in the killing of 22 protesters the same day he was sentenced to 20 years [JURIST reports] on charges of inciting violence and murder in connection with the death of four protesters. The two sentences were added to previous sentences amounting to 55 years in prison including 15 years for drug and gun charges and 35 years [JURIST reports] on charges of theft and unlawful possession of money and jewelry. The court decided to sentence the former president rather than punishing to death as the prosecution initially sought. In April, the country's military appeals court upheld [JURIST report] the convictions against the former president for torturing military officers over an alleged coup plot in 1991. In January a military court started its trial against Ben Ali focusing on who ordered snipers to kill 41 protesters during last year's revolution. Ben Ali had denied [JURIST report] all charges brought against him.


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ICC opens preliminary inquiry into Mali violence
Jaclyn Belczyk on July 19, 2012 10:54 AM ET

[JURIST] International Criminal Court (ICC) [official websites; JURIST backgrounder] Chief Prosecutor Fatou Bensouda said Wednesday that her office is opening a preliminary examination [press release] of the recent violence in Mali [JURIST news archive]. Bensouda said that she had received a letter [text, PDF, in French] from Malian government officials requesting an ICC investigation. The letter also indicated that Malian national courts are unable to prosecute the perpetrators of the violence. Bensouda noted that the ICC has been monitoring the situation in Mali:My Office has been following the situation in Mali very closely since violence erupted there around 17 January 2012. On 24 April, as instances of killings, abductions, rapes and conscription of children were reported by several sources, I reminded all actors of ICC jurisdiction over Rome Statute crimes committed on the territory of Mali or by Malian nationals. On 1 July, I stressed that the deliberate destruction of the shrines of Muslim saints in the city of Timbuktu may constitute a war crime under Article 8 of the Rome Statute. Bensouda said that her office would assess whether the criteria for opening a formal investigation under Article 53.1 of the Rome Statute [text, PDF] are fulfilled.
Malian Justice Minister Malick Coulibaly said last week that he would ask the ICC to open an investigation [JURIST report]. In May Amnesty International reported that Mali is facing its worst human rights crisis [JURIST report] since it gained independence in 1960. Human Rights Watch released a similar report in April claiming that all sides to the conflict are committing war crimes [JURIST report]. Earlier in April the ICC said they would monitor the situation [JURIST report] in Mali for potential crimes under the ICC's jurisdiction. All of this has come after Malian soldiers took control of the government [JURIST report] and suspended the constitution in March. Many in the international community have expressed concern over the situation, including the UN Secretary-General Ban Ki-Moon, UN High Commissioner for Human Rights Navi Pillay and the UN High Commissioner for Refugees [JURIST reports]. The turmoil began when Taureg rebels attacked Malian soldiers [Al Jazeera report].


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UN rights expert condemns recent killing of women in Pakistan, Afghanistan
Sung Un Kim on July 19, 2012 10:49 AM ET

[JURIST] UN Special Rapporteur on violence against women Rashida Manjoo [official profile] on Wednesday urged [press release] the governments of Pakistan [BBC backgrounder; JURIST news archive] and Afghanistan [BBC backgrounder; JURIST news archive] to end violence against women and to initiate investigations into the recent killings of two women. Fareeda Afridi, a human rights defender in Pakistan, was recently shot dead [Express Tribune report] by two men when she was walking to her office. The second case involved a public execution [Telegraph report] of a woman accused of adultery in Afghanistan. Manjoo stated that such violence against women amounts to "State crime when tolerated by public institutions and officialswhen they are unable to prevent, protect and guarantee the lives of women, who have consequently experienced multiple forms of discrimination and violence throughout their lifetime." In her report [text, PDF] on violence against women in various countries, Manjoo concluded that measures taken by states to address gender-related violence against women have failed. She cited lack of social transformation, absence of rights-based discourse, and prevalence of sex and gender discrimination as causes. Manjoo provided six recommendations: (1) ensuring effective investigations, prosecution and sanctions; (2) guaranteeing access to adequate and effective judicial remedies; (3) treating women victims and their relatives with respect and dignity; (4) ensuring comprehensive reparations to victims and their relatives; (5) identifying certain groups of women as being at particular risk when adopting preventative measures; and (6) modifying the social and cultural patterns and eliminating prejudices, customary practices and other practices based on the idea of the inferiority or superiority of either of the sexes, and on stereotyped roles for men and women.
Violence against women remains an issue around the world. Last week Amnesty International (AI) [advocacy website] submitted a briefing [report, PDF] to the UN Committee on the Elimination of Discrimination against Women [official website] detailing the failure of the Mexican government [JURIST report] to protect women from torture, killings, sexual violence and other ill-treatment. AI had reported that the violence increased rather than declined, especially the incidence of murder. During the same week, Women Under Siege [advocacy website] reported 81 instances of sexual assault [JURIST report] and rape by military forces in Syria since anti-government demonstrations began in March 2011. In June Human Rights Watch (HRW) [advocacy website] reported that Syrian forces are sexually abusing [JURIST report] men, women and children who have been detained during the ongoing conflict. HRW also called on the Afghanistan government in March to release women and girls [JURIST report] who were imprisoned for "moral crimes" such as flight from unlawful forced marriage or domestic violence and "zina," which is sex outside of marriage due to rape or forced prostitution. In January, a UN expert on violence against women urged Italy [JURIST report] to stop the violence against women. The US has also been criticized [JURIST report] for its continued prevalence of violence and discriminatory treatment of women by Manjoo. In March 2011 UN High Commissioner for Human Rights Navi Pillay [official profile] called on Tunisia and Egypt [JURIST report] to ensure the protection of women's rights guaranteed by their constitutions.


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Russia parliament approves bill labeling many NGOs 'foreign agents'
Michael Haggerson on July 19, 2012 7:50 AM ET

[JURIST] The Russian Federal Council [official website], the upper house of parliament, approved a bill on Wednesday that labels nongovernmental organizations (NGOs) that accept international funding as "foreign agents." Critics of President Vladimir Putin [official website, in Russian] argue that this is another piece of legislation that is intended to curb free speech [RFE/RL report] and the right to assembly. Also on Wednesday UN High Commissioner for Human Rights Navi Pillay [official profile; JURIST news archive] stated that Putin's new regime is taking steps backward [Reuters report] into a more restrictive, Soviet-style type of government where freedoms are not recognized. In Russia the term "foreign agents" is often associated with "spies." The legislation has already been approved [JURIST report] by the State Duma [official website, in Russian] and now awaits Putin's signature.
This bill is viewed by critics as being part of a continuing effort to crackdown on the freedom of speech and assembly in Russia. Earlier this month the State Duma approved [JURIST report] the third reading of a controversial Internet regulation bill. The online encyclopedia Wikipedia had shut down its site [JURIST report] on earlier this month in a one-day protest of the legislation, which it said in an article "may become the basis for real censorship on the internet." In June Putin signed into law a controversial bill which greatly increases penalties for protesters [JURIST report] who violate demonstration regulations. Critics of the bill stated that the new penalties, which included a 150-fold increase in the fine for participating in an unsanctioned rally, were draconian. In May prominent Russian gay rights activist Nikolai Alekeyev became the first to be convicted [JURIST report] under a St. Petersburg city ordinance that prohibits the spreading "homosexual propaganda" to minors. People who oppose the new law, which was introduced in November and signed into law [JURIST reports] in April, claim it will prevent gay rights groups from being able to assemble in public.


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