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Legal news from Friday, July 20, 2012




Myanmar minorities victims of sectarian violence: AI
Sung Un Kim on July 20, 2012 2:08 PM ET

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[JURIST] Amnesty International (AI) [advocacy website] on Thursday stated [press release] that the violence against minority Rohingyas [BBC backgrounder] and other Muslim has increased since a state of emergency was declared [NYT report] in the western Myanmar State Rakhine. Benjamin Zawacki, Amnesty International's Myanmar Researcher, commented that "Declaring a state of emergency is not a license to commit human rights violations." AI reported that the government of Myanmar [BBC backgrounder; JURIST news archive] has violated international standards by detaining hundreds of men and boys and subjecting them to ill-treatment. Numerous reports have alleged other human rights violations by security forces and Rakhine Buddhists including rape, destruction of property and unlawful killings. The country is still restricting access by international agencies and rights groups to the country, leading to a discrepancy in reports detailing the number of victims since the state of emergency declaration in mid-June. Between 50,000 and 90,000 have been reported to be displaced during the unrest in the western part of the country. AI urged the country to either charge the detainees with internationally recognized offenses or to release them immediately. The rights group also added that the number of political prisoners is on the rise despite the country's previous amnesties [JURIST report].

Myanmar has been unsuccessful in resolving the sectarian violence prevalent in the country despite attempts by its President Thein Sein [BBC profile; official website, in Burmese] to bring peace to the communities. Last week spokesperson for the UN High Commissioner for Refugees (UNHCR) [official website] Melissa Fleming reported that 10 UN staff and aid workers have been arrested [JURIST report] in the northwestern Rakhine state and three of them are facing unknown criminal charges. In June, Human Rights Watch (HRW) [advocacy website] urged [JURIST report] the Chinese government to provide basic food and shelter needs to refugees from Myanmar after finding refugee abuse. Earlier in June, HRW also called on [JURIST report] Bangladesh to open its borders to Myanmar refugees a day after it demanded Myanmar ensure the safety of communities in the Arakan State subject to the violence between Arakan Buddhists and ethnic Rohingya Muslims. In March, HRW reported [JURIST report] that violence and rights abuses continue in Myanmar's northern state of Kachin due to the conflict between Myanmar's armed forces and the Kachin Independence Army (KIA) [BBC backgrounder]. During the same month, Tomas Ojea Quintana [official profile], the UN Special Rapporteur on the situation of human rights in Myanmar urged [JURIST report] the country to ensure the protection of human rights. In November, Human rights group Partners Relief and Development [advocacy website] issued [JURIST report] a report [text, PDF, graphic content] which alleged that the army may be committing war crimes including torture and forced labor against ethnic communities in Kachin state.




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ICJ rules Senegal must try or extradite former Chad dictator Hissene Habre
Dan Taglioli on July 20, 2012 12:55 PM ET

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[JURIST] The International Court of Justice (ICJ) [official website] ruled [judgment, PDF] Friday that Senegal must promptly either put on trial or extradite to Belgium Chadian ex-president Hissene Habre [BBC profile; JURIST news archive]. The court's legally binding order also noted that Senegal had failed to make serious efforts to prosecute Habre, 69, who has been been under house arrest in Senegal since 2005. Senegal is a signatory to the Convention against Torture [text], which obliges member states to extradite or refer for prosecution [Reuters report] anyone in their territory accused of responsibility for torture, and so Senegal cannot circumvent its obligation to prosecute or extradite even based on its own laws:
The Court observes that, under Article 27 of the Vienna Convention on the Law of Treaties, which reflects customary law, Senegal cannot justify its breach of the obligation provided for in Article 7, paragraph 1, of the Convention against Torture by invoking provisions of its internal law, in particular by invoking the decisions as to lack of jurisdiction rendered by its courts in 2000 and 2001, or the fact that it did not adopt the necessary legislation pursuant to Article 5, paragraph 2, of that Convention until 2007.
Habre fled to Senegal after being deposed [BBC report] in 1990, and denies charges of killing and torturing tens of thousands of his opponents after coming to power in a bloody coup in 1982.

The international community has called on Senegal to cease the human rights violations in the country while prosecuting those responsible for such. In March, lawyers for the Belgian government asked [JURIST report] the ICJ to force Senegal to bring Habre to justice for atrocities he committed during his eight years in power. In July 2011 Senegal reversed its decision to deport Habre [JURIST report] back to Chad after UN High Commissioner for Human Rights Navi Pillay [official profile] warned of possible torture. That month Pillay issued the plea [JURIST report] to stay Habre's deportation to Chad after the nation's courts sentenced him to death in absentia. Senegal had announced its intent to deport [JURIST report] Habre to face charges of war crimes the previous Friday. In May 2009 Belgium had attempted [JURIST report] to try Habre under universal jurisdiction, but was denied the chance by the ICJ.




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Security Council extends UN mandate for Syria
Dan Taglioli on July 20, 2012 12:21 PM ET

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[JURIST] The UN Security Council [official website] on Friday extended the UN monitoring mission in Syria for an additional 30 days. The mandate for the UN Supervision Mission in Syria (UNSMIS) [official website], deployed as part of the peace plan of UN Joint Special Envoy Kofi Annan [official profile], received a unanimous vote for a 30-day extension [Reuters report] in the Security Council. Amnesty International (AI) and three other rights groups had urged the UN to renew the mandate [JURIST report], stating that human rights abuses in the country are on the rise and that the UN must continue to pressure the government to improve humanitarian conditions. The UN Syria mission, approved in April, sent up to 300 unarmed military observers and other humanitarian aid [JURIST report] to supervise the implementation of a peace plan. Most of the monitoring was suspended in June due to increased risk from rising violence.

Earlier this month UN Chief Military Observer in Syria Major-General Robert Mood stated that he believed Syrian authorities were committed to implementing the peace agreement [JURIST report] that was reached earlier this month. Mood, who works with the UNSMIS, confirmed that the UN would continue to provide humanitarian support as the violence subsides, even if the UNSMIS mission is not renewed. In June the UNSMIS concluded in a report that Syrian forces "may have been responsible" for the killing of more than 100 civilians [JURIST reports] in Al-Houla in May. Syrian President Bashar al-Assad [BBC backgrounder], however, said earlier that month that the government had nothing to do with the attacks [JURIST report]. In April Human Rights Watch (HRW) released a report [JURIST report] stating that Syrian security forces had killed more than 100 civilians and opposition fighters in recent attacks. In March HRW also reported on and linked to videos of Syrian forces rounding up civilians for use as human shields [JURIST report], including women and children, forcing them to walk in front of soldiers and tanks during troop movements and attacks so that opposition fighters would not shoot at them.




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Liberia senate passes anti-same-sex marriage bill
Max Slater on July 20, 2012 11:33 AM ET

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[JURIST] The Liberian Senate [official website] on Thursday approved a bill that prohibits same-sex marriage [JURIST backgrounder] in the West African nation. The bill, sponsored by Senator Jewel Howard Taylor [official profile], makes same-sex marriage a second degree felony [New Dawn report] subject to a fine or a short term of imprisonment. Senator Joseph Nagbe [official profile], who supported the bill, warned same-sex couples who visit Liberia to "stay away from each other until your departure." The bill will now go to the House of Representatives [official website]. If the House passes the bill, it will go to President Ellen Johnson Sirleaf [official profile] for approval.

Homosexuality and same-sex marriage are controversial in many African countries, with many African nations outlawing homosexuality. Uganda [JURIST report] has recently come under fire for proposing legislation that would make homosexuality punishable by death. In January UN Secretary-General Ban Ki-moon [official profile] said Africa must honor the Universal Declaration of Human Rights [text] by ending discrimination [JURIST report] based on sexual orientation and gender identity.




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Egypt president releases 572 prisoners convicted by military tribunals
Dan Taglioli on July 20, 2012 11:19 AM ET

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[JURIST] Newly elected Egyptian President Mohammed Morsi [BBC profile; JURIST news archive] on Thursday ordered the release of 572 people who had been convicted by the military. Morsi, Egypt's first elected civilian president, had formed a committee to review all the cases of prisoners who had been sentenced by military courts since the beginning of the revolution that toppled former president Hosni Mubarak [Al Jazeera profile; JURIST news archive] last year. Activists and international rights groups have repeatedly called for Egypt to end the practice of civilian trials by military commissions [AFP report], which have been criticized for not meeting the requirements of independence and impartiality. Morsi also commuted the life sentences of 16 individuals [Egypt State Information Service report] to seven years imprisonment. Earlier this month Morsi appointing a fact-finding committee to investigate the deaths of protesters [JURIST report] in last year's demonstrations. 9,714 individuals have been released out of the 11,879 Egyptians detained by the military since last year's uprising.

Earlier this month, a few days after he was sworn in, Morsi issued a decree [JURIST reports] 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 court suspended Morsi's decree two days later, after which Morsi vowed that he would respect the ruling [JURIST reports]. 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.




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Georgia court declines to halt execution of mentally disabled death row inmate
Dan Taglioli on July 20, 2012 10:36 AM ET

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[JURIST] The Butts County Superior Court on Thursday denied requests to halt the execution of Georgia death row inmate Warren Hill. Hill was convicted of two counts of murder but argues he should not be executed because he is mentally disabled [AP report]. Georgia is the only state in the US that requires proof of mental retardation beyond a reasonable doubt, rather than a preponderance of the evidence. The court noted that Hill has proven an IQ of 70 beyond a reasonable doubt, and further stated that he meets the overall criteria for being mentally disabled by a preponderance of the evidence. However the court found that Hill failed to prove overall that he is mentally disabled beyond a reasonable doubt. Hill was sentenced to death after being convicted for the killing of his cellmate while Hill was serving a life sentence at Lee State Prison in Lee County. After the Georgia State Board of Pardons and Paroles denied Hill's petition for clemency [JURIST report] on Monday the Georgia Department of Corrections delayed his execution for several days in order to make changes to its lethal injection protocol. Hill is now scheduled to die by lethal injection on Monday night at the state prison at Jackson.

UN Special Rapporteur on arbitrary executions Christof Heyns [official website] on Tuesday urged the US not to execute [JURIST report] Hill. The US Supreme Court [official website] ruled in Atkins v. Virginia [opinion; Cornell LII backgrounder] that the execution of mentally retarded individuals is cruel and unusual punishment prohibited by the Eighth Amendment [text]. However, in 29 states, including Texas, Tennessee and New Jersey [JURIST reports], the defendant still carries the burden of proving mental retardation in death-penalty [JURIST news archive] cases to receive a lesser sentence. Guest columnist Olga Vlasova argues [JURIST op-ed] that the Supreme Court should prohibit the death penalty for severely mentally ill offenders. Internationally, UN Secretary General Ban Ki-Moon [official profile] has called on all member states to abolish capital punishment entirely [JURIST report].




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Federal appeals court upholds injunction against Samsung in Apple patent battle
Max Slater on July 20, 2012 10:26 AM ET

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[JURIST] The US Court of Appeals for the Federal Circuit (CAFC) [official website] declined to lift an injunction [order, PDF] on Thursday against Samsung in its patent dispute with Apple [corporate websites] over Samsung's Galaxy Tab 10.1 tablet. A judge for the US District Court for the Northern District of California [official website] had granted [JURIST report] an injunction against Samsung blocking the sale of its Galaxy 10.1 tablet computer while the patent infringement case is reviewed, finding that Apple is likely to succeed on the merits in the litigation and would likely suffer irreparable harm if Samsung's sale of its smartphone is not stopped immediately. The CAFC held that Samsung's chance of succeeding on the merits was not large enough to lift the injunction. The CAFC also rejected [order, PDF] Samsung's motion to expedite its appeal against Apple, saying that Samsung had not shown that the time for Apple to file its brief should be shortened.

Apple and Samsung have been embroiled in continuous patent litigation around the world. Two weeks ago, a UK court ruled [JURIST report] that Samsung tablets do not infringe on Apple's design. Earlier in July, a federal judge issued an injunction [JURIST report] against Samsung to stop the sale of its Galaxy Nexus smartphone in the US. A week earlier, The CAFC had rejected [Bloomberg report; CAFC notice] Samsung's appeal of the decision that remanded the case to the district court giving Apple another opportunity to ban Samsung's Galaxy products in the states after it partially reversed [JURIST report] the district court's refusal to grant a temporary injunction for Apple against Samsung. Apple's request for a temporary injunction was denied [JURIST report] by the district court in December. Apple filed a suit [JURIST report] against Samsung in April of last year alleging that Samsung committed ten patent infringements, two trademark violations and two trade dress violations by copying iPhone and iPad technology in making its "Galaxy" products. In June, the District Court of The Hague ruled [JURIST report] in favor of Samsung against Apple holding that Apple was liable for infringing upon one of the Korean company's four patents, a 3G patent.




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Lawyers for alleged USS Cole bomber ask for tribunal to be televised
Max Slater on July 20, 2012 9:44 AM ET

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[JURIST] Defense lawyers for the alleged mastermind of the USS Cole bombing Abd al-Rahim Nashiri [NYT profile; JURIST news archive] requested on Thursday that Nashiri's trial at Guantanamo [JURIST backgrounder] be televised. Richard Kammen, an attorney for Nashiri, declared that televising the trial would increase transparency [AFP report] of the tribunals at Guantanamo and enable the public to see an event of worldwide interest. However, prosecutor Justin Sher argued [CSM report] that the right to a public trial does not include the right to a televised trial. Sher further contended that if the trial were televised, some witnesses would be hesitant to testify. Col. James Pohl, the chief military judge at Guantanamo, is expected to decide whether to allow the trial to be televised by the end of October. Nashiri is charged with orchestrating the 2000 bombing of the USS Cole in Yemen that killed 17 sailors. If convicted, he could face the death penalty. No trial date has been set.

Nashiri has been at the center of controversy for many years. In June, Nashiri's lawyers requested [JURIST report] that his trial be broadcast worldwide. In November, Nashiri made his first court appearance [JURIST report] for war crimes relating to the bombing of the USS Cole in 2000. In May 2011, Nashiri's lawyers filed suit against Poland [JURIST report] over his alleged torture in that country. In September 2010, a human rights group, Open Society Justice Initiative [advocacy website], filed a request [JURIST report] with Polish prosecutors for an investigation into the detention and torture of Nashiri in a secret CIA prison.




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China court rejects tax penalty appeal brought by famous dissident artist
Dan Taglioli on July 20, 2012 9:39 AM ET

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[JURIST] Beijing's Chaoyang District Court on Friday rejected the appeal brought by dissident artist Ai Weiwei [BBC profile] challenging the government's imposition of 15 million yuan (USD $2.4 million) tax evasion penalty. The fine was leveled against Fake Cultural Development Ltd., the company that helps Ai, 55, produce and market his works, which was accused and charged with tax evasion in November. Ai, an internationally acclaimed artist [AFP report] whose works have been exhibited around the world, claims that by imposing such penalty, the government violated the tax law, and he urged the court to overturn the Beijing tax office's rejection of his appeal against the penalty. Friday's ruling did not surprise Ai [Reuters report] because the court on Friday morning rejected lawyers' requests to see evidence against the company, produce witnesses and have an independent auditor verify figures.

The tax penalty is widely viewed as a government attempt to silence one of the country's most outspoken dissidents. About 30,000 people donated money to help Ai cover an 8.45 million yuan bond required to contest the tax charges. Ai plans to appeal the court's decision.

Ai spent 81 days in secret detention last year. Last month the court banned Ai from attending [JURIST report] the first hearing in the case, and further banned him from attending any hearings, including Friday's delivery of the verdict. Ai's wife Lu Qing, the legal representative of Fake Cultural Development, attended the hearing with other lawyers and reported that during the hearing witnesses they requested were blocked from testifying including Ai. Other rights activists such as Hu Jia [advocacy blog; JURIST news archive] were also barred from attending the hearing. The court also closed the five-seat chamber to journalists and filming. The court agreed to hear [JURIST report] the case in May, surprising many with its ruling since Chinese courts rarely accept appeals claims brought by dissidents and their relatives.




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Lawmakers concerned over use of drones within US
Jamie Reese on July 20, 2012 8:04 AM ET

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[JURIST] US lawmakers on Tuesday expressed concern over the use of drone strikes. At a hearing [materials] in the US House Committee on Homeland Security [official website] lawmakers called on Congress and the Department of Homeland Security [official website] to address the issue of domestic drones [opening statement, PDF] and their potential security and safety implications. The government already owns and operates drones within the borders of the US, but more certificates of use are being issued to law enforcement, academic institutions and private entities to fly domestic drones. Chairman of the Subcommittee on Oversight, Investigations and Management Michael McCaul [official website] stated that while drones will soon dominate the skies, no agency is taking the lead in developing rules and regulations for their use. Research is showing that drones can be used to attack targets domestically and can be hacked into and hijacked with only a relatively small amount of money. Testimony then turned to issues related to domestic drones and what needs to be done to prepare for their use. These current certificates, as well as more to be issued, will be the first non-governmental drone uses within the US.

Drones have been used for targeted killings by the US military and other countries. Drone attacks [JURIST news archive] have occurred most recently in Pakistan. In March Pakistan lawmakers called on the US to stop [JURIST report] CIA drone attacks, and the use of the drones have created debate [JURIST op-ed] about their compliance with international laws. The Obama administration has defended the legality [JURIST report] of the use of drones in efforts to counteract terrorist groups such as al Qaeda.




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