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Legal news from Monday, July 30, 2012




Federal judge upholds Arizona abortion law
Rebecca DiLeonardo on July 30, 2012 4:14 PM ET

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[JURIST] A judge for the US District Court for the District of Arizona [official website] on Monday declined to block enforcement of a new Arizona abortion regulation [HB 2036 materials; JURIST report] that will ban abortions after 20 weeks unless there is a medical emergency. The law is scheduled to go into effect on August 2. The Center for Reproductive Rights and the American Civil Liberties Union of Arizona [advocacy websites] filed a lawsuit [JURIST report] earlier this month challenging the law, arguing that banning abortions after 20 weeks violates women's constitutional rights. In a statement [press release], Nancy Northup, president and CEO at the Center for Reproductive Rights, expressed disappointment with the decision:
A woman facing devastating complications in her pregnancy must have every medical option available to her. Today this court has upheld instead arbitrary and dangerous limits based not on sound medical judgment or concern for women's health, but on an extreme anti-choice agenda. Anyone concerned with the erosion of constitutional rights in the U.S. and the intrusion of government into the lives and private decisions of individual citizens should be profoundly disturbed by today's decision.
The Center for Reproductive Rights said it would file an emergency appeal to the decision.

This is the latest development in the ongoing reproductive rights controversy [JURIST backgrounder]. Earlier in July, a federal judge blocked a Mississippi law [JURIST report] that would have effectively shut down the state's only abortion clinic. Two weeks ago, Oklahoma Attorney General Scott Pruitt appealed a ruling [JURIST report] by a district court judge that held that an abortion ultrasound bill is unconstitutional. Earlier last month, Louisiana Governor Bob Jindal signed a bill increasing abortion restrictions in the state [JURIST report]. In May, Kansas Governor Sam Brownback signed a bill allowing pharmacists to refuse to dispense drugs [JURIST report] that they "reasonably believe" might result in the termination of a pregnancy. Earlier that month, a judge for the District Court of Oklahoma County ruled [JURIST report] that a law restricting how doctors may use abortion-inducing drugs to treat patients was a violation of the Oklahoma Constitution. In March, Utah passed a law requiring a woman seeking an abortion to wait 72 hours [JURIST report] prior to obtaining the procedure.




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Supreme Court stays Maryland injunction on state DNA collection law
Dan Taglioli on July 30, 2012 3:19 PM ET

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[JURIST] US Supreme Court Chief Justice John Roberts [official profile] on Monday renewed his temporary stay [order, PDF] on a Maryland Court of Appeals [official website] ruling that police could not collect DNA from individuals arrested for violent crimes and burglaries. The state court ruling effectively bars the collection of genetic material from criminal suspects without a warrant under Maryland's DNA Collection Act [text, PDF]. Roberts found that the ruling would disable Maryland from employing a valuable law enforcement tool for the several months the Supreme Court would take to decide whether or not to hear an appeal in the case:
Collecting DNA from individuals arrested for violent felonies provides a valuable tool for investigating unsolved crimes and thereby helping to remove violent offenders from the general population. Crimes for which DNA evidence is implicated tend to be serious, and serious crimes cause serious injuries. That Maryland may not employ a duly-enacted statute to help prevent these injuries constitutes irreparable harm. ... Accordingly, the judgment and mandate below are hereby stayed pending the disposition of the petition for a writ of certiorari.
The state appeals court struck down [opinion, PDF; JURIST report] the DNA collection law in April, finding a violation of arrestees' Fourth Amendment [Cornell LII backgrounder] rights to privacy. Roberts' stay will terminate automatically either upon the Court's refusal to grant certiorari or on its ruling on the case if certiorari is granted.

Lower courts have been split on this issue. In February the US Court of Appeals for the Ninth Circuit [official website] ruled [JURIST report] that buccal mouth swabs may be used to extract DNA samples from any adult arrested or charged with a felony in California, thereby upholding a 2004 voter-enacted provision [Proposition 69 materials] of the DNA and Forensic Identification Database and Data Bank Act of 1998 [text]. It also reversed a decision [JURIST report] issued last August by a three-judge panel for the California First District Court of Appeals [official website] holding that DNA samples cannot be taken broadly from any adult arrested or charged with a felony. In January the Minnesota Supreme Court [official website] ruled [JURIST report] that a state law requiring the collection of DNA samples by people convicted of crimes does not violate the Fourth Amendment.




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Advocacy group appeals Oklahoma 'personhood' case to Supreme Court
Dan Taglioli on July 30, 2012 2:45 PM ET

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[JURIST] An anti-abortion group appealed to the US Supreme Court [official website] on Monday in an attempt to reinstate an Oklahoma ballot initiative to establish legal rights for embryos. Personhood USA [advocacy website] had originally tried to gather enough petition signatures to put the "personhood" issue on Oklahoma's November election ballot, but the effort was enjoined through an American Civil Liberties Union (ACLU) and Center for Reproductive Rights [advocacy websites] lawsuit [complaint, PDF] filed on behalf of Oklahoma doctors and residents. The lawsuit claimed that the amendment would violate the Fourteenth Amendment [Cornell LII backgrounder] and Supreme Court precendent. The Supreme Court of Oklahoma [official website] ruled [opinion] that granting "personhood" rights to human embryos is unconstitutional, thus derailing the proposed ballot initiative [text, PDF] to amend the state's constitution by defining a fertilized egg as a person. Finding the initiative "void on its face" Oklahoma's highest court unanimously declared [JURIST report] that it must follow the US Supreme Court holding in Planned Parenthood v. Casey [Cornell LII backgrounder], which affirmed the principle that states are prohibited from disallowing abortion prior to viability. Opponents of the ballot initiative claim that such an amendment would end abortion in the state, outlaw forms of birth control and threaten the practice of in-vitro fertilization.

The issues regarding personhood initiatives and their possible ramifications [JURIST comments] have long been controversial. The initiative to redefine "personhood" under the Oklahoma Constitution [text] was originally challenged [JURIST report] in March. If the amendment ever passes, it would effectively outlaw all abortions, many forms of birth control, and various treatments for ectopic pregnancies and miscarriages. In February the Virginia House of Delegates passed a similar "personhood" bill [JURIST report] that defines "life" at the beginning of conception. Last fall, a similar lawsuit challenging the Mississippi personhood ballot initiative was dismissed and eventually rejected [JURIST reports]. In 2007 the Supreme Court of Colorado allowed [JURIST report] an anti-abortion group's personhood ballot initiative that similarly defined a fertilized egg as a "person."




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Egypt court delays hearing on members of constitutional assembly
Rebecca DiLeonardo on July 30, 2012 2:22 PM ET

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[JURIST] An Egyptian court on Monday postponed the next stage in a hearing challenging the composition of Egypt's constitutional assembly, the council responsible for drafting the country's new constitution, until late September. The assembly faces its latest challenge from a group that opposes the body's Islamist majority. A hearing on the matter held earlier this month ended in open fighting [Reuters report] and a new lawsuit filed by Islamists alleging that the judge in the case is biased. The decision by the court to delay the proceedings will likely give the assembly time to draft a constitution, though its legality will be uncertain. The constitutional assembly has faced numerous challenges in recent months. Egypt's Supreme Administrative Court effectively suspended [JURIST report] the work of the 100-member council in April after ruling in favor of a lawsuit challenging the constitutionality of the formation of the panel. In June, 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. Days later, the Supreme Constitutional Court of Egypt dissolved the country's Parliament [JURIST report] after finding that one-third of its members were elected illegally.

Egypt's has faced political turmoil since the overthrow of former president Hosni Mubarak last year. Earlier this month, newly elected Egyptian President Mohammed Morsi issued a statement [JURIST report] saying he will respect the ruling of an Egyptian court suspending his decree to reconvene the parliament. Morsi issued the decree [JURIST report] earlier that week despite the Supreme Constitutional Court ruling that the parliament was elected illegally. Also this month, 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. Last month, an Egyptian court struck down a government decree that restored broad arrest powers to Egyptian military officials. The Ministry of Justice issued the decree earlier that month, 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) expressed concern [JURIST report] about the growing power of the Egyptian military rulers.




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Florida to appeal federal court ruling striking down state gun law
Dan Taglioli on July 30, 2012 2:15 PM ET

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[JURIST] Florida Governor Rick Scott announced Monday that his state will appeal the US District Court for the Southern District of Florida [official website] ruling that struck down [order, PDF] a Florida law that barred doctors from discussing the dangers of gun ownership with patients. Earlier this month Judge Marcia Cooke held that the Firearm Owners' Privacy Act (FOPA) [text] violated doctors' freedom of speech rights [JURIST report] under the First Amendment [Cornell LII backgrounder] because FOPA was so vague that it failed to provide doctors with clear guidance on how to abide by it. Cooke reasoned that the law "did not constitute a permissible regulation of professional speech or occupational conduct that imposed a mere incidental burden" on doctors' freedom of expression, in that FOPA prohibited truthful and non-misleading speech within the doctors' profession. In making her decision Cooke rejected the state's argument that the act is a necessary measure to protect citizens' Second Amendment [Cornell LII backgrounder] right to keep and bear arms. Florida will appeal the decision [AP report] to the US Court of Appeals for the Eleventh Circuit [official website].

Cooke had issued a preliminary injunction [JURIST report] in the case in September. She found that the law in no way affects the constitutional right to keep and bear arms. In July 2010 the Chicago City Council [official website] unanimously approved a new gun control law that bans gun shops in the city and prohibits gun owners from stepping outside their homes, including porches and garages, with a handgun. Shortly thereafter a group of Chicago citizens, supported by both the National Rifle Association and the National Association of Firearm Retailers [advocacy websites], filed suit against the city [JURIST report] claiming the new ordinance infringes on their constitutional rights. In June 2010 the US Supreme Court ruled in McDonald v. Chicago [opinion; JURIST report] that the Second Amendment applies to states and municipalities as well as the federal government, thereby overturning Chicago's ban on handguns and raising considerable uncertainty about what amount of regulations of firearms was permissible. Two years earlier the US Supreme Court [official website] ruled in District of Columbia v. Heller [opinion, PDF; JURIST report] that the Second Amendment protects the right to possess a handgun for the purpose of self-defense, overturning the District of Columbia's restrictive firearms law.




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Iran court sentences four to death in fraud case
Sung Un Kim on July 30, 2012 2:11 PM ET

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[JURIST] An Iranian court on Monday sentenced to death four individuals convicted on financial corruption charges, the Islamic Republic News Agency (IRNA) [official website] reported [IRNA report]. The national news agency cited [Reuters report] Prosecutor-General Gholamhossein Mohseni-Ejei, who said that the four were among 39 suspects who received sentences ranging 25 years to life in prison. They were accused of involvement in a USD $2.6 billion bank loan embezzlement case last year. IRNA reported that the man behind the bank fraud forged letters of credit from a bank in Iran [BBC backgrounder; JURIST news archive], Saderat [corporate website], to fund numerous companies and obtain a state-owned steel factory. There has been criticism that the anti-corruption campaign of Iranian President Mahmoud Ahmadinejad [BBC backgrounder; JURIST news archive] and the government's privatization only benefit political elites. Some of the defendants in the case have argued that high-level officials who were also involved in the fraud were not prosecuted against while the government claimed that the issue of corruption were addressed in an open manner.

Corruption continues to be a problem throughout the world. Earlier this month, UN High Commissioner for Human Rights Navi Pillay [official profile; JURIST news archive] called on [JURIST report] the government of Kyrgyzstan [BBC backgrounder; JURIST news archive] to ensure the protection of human rights and the rule of law while mentioning that corruption is one of the main problems the country faces affecting every aspect of society, undermining the "rule of law, the police, the judiciary, and trust in both local and national authorities." The same day, former Israeli prime minister Ehud Olmert [official profile; JURIST news archive] was acquitted [JURIST report] of two major counts of corruption but found guilty of a third lesser charge on Tuesday in the culmination of a three-year trial. In June Bolivian authorities arrested [JURIST report] a former chief of the country's armed forces on corruption charges including illicit enrichment, dereliction of duty and abuse of influence.




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ACLU requests information on automatic license plate readers
Rebecca DiLeonardo on July 30, 2012 1:54 PM ET

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[JURIST] The American Civil Liberties Union (ACLU) [advocacy website] announced [press release] on Monday that its affiliates in 38 states had sent letters to local and state police departments asking them to clarify how they use information obtained from automatic license plate readers (ALPRs). ALPRs are cameras mounted near roads and highways that photograph and record license plate numbers. The numbers are electronically interpreted so that police can be alerted when a license plate of interest is seen. In a press release, the ACLU expressed concern about police departments that are gathering and storing information about the travel patterns of all vehicles, regardless of whether they are vehicles of interest, alleging that "responsible deletion of data is the exception, not the norm." The group noted that only two states have passed laws limiting the amount of time police can retain license plate data for cars that do not register as a "hit" in the system. Additionally, the ACLU has requested that the US Departments of Justice, Homeland Security and Transportation [official websites] provide information on how ALPR programs are funded.

Technological advancements allowing the tracking and storage of mass amounts of information has sparked legal controversy in recent years. The US Supreme Court [official website] ruled [JURIST report] in January that the government's attachment of a global positioning system (GPS) device to a vehicle, and its use of that device to monitor the vehicle's movements, constitutes a search under the Fourth Amendment [text]. Last August the ACLU announced that their affiliates were sending approximately 375 requests for information in 31 states to reveal how law enforcement uses location data tracking on cell phones [JURIST report]. Smartphones now come with built-in global positioning systems (GPS), allowing users' movements to be tracked by law enforcement agencies, sometimes prior to having the phone in custody. In January 2011 the Supreme Court of California ruled that law enforcement officers can legally search text messages [JURIST report] on a suspect's cell phone without a warrant incident to a lawful custodial arrest. The California decision represents a split from the US Court of Appeals for the Third Circuit 2010 ruling and a 2009 decision [JURST reports] by the Ohio Supreme Court holding that police must obtain a warrant before searching data stored on a cell phone.




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Lebanon tribunal confirms jurisdiction over accused Hariri assassins
Sung Un Kim on July 30, 2012 1:33 PM ET

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[JURIST] The UN-backed Special Tribunal for Lebanon (STL) [official website] on Monday confirmed [order materials] its jurisdiction over the trials of the assassins of former Lebanese prime minister Rafik Hariri [BBC profile; JURIST news archive]. The defense counsel for the four accused, Salim Ayyash, Mustafa Badreddine, Hussein Oneissi and Assad Sabra [STL profiles], had challenged the court's jurisdiction and its legality arguing that the establishment of the STL infringed upon Lebanon's sovereignty and its constitution. The STL rejected that argument holding that a review of the sovereignty claim is not necessary because Lebanon never argued that Resolution 1757 [text, PDF] violated its sovereignty but rather complied with it. The court also noted that it does not have the authority to review the decision of the UN Security Council [official website] in passing Resolution 1757 thereby establishing the Tribunal. In its 31-page decision, the STL concluded that the fundamental rights of the accused are being honored by providing them a fair trial under international standards and that there is no concern of any possible violations of such rights:
The Trial Chamber finds that the Tribunal's Statute and Rules guarantee to an accused person all the relevant and necessary rights to a fair trial mandated under international human rights law and take into account the case-law of institutions such as the European Court of Human Rights and the Human Rights Committee. No breach of any right guaranteed under international human rights law has been identified. The Trial Chamber is thus satisfied and finds that the Tribunal was "established by law" in that it was established by a body that was competent to establish it, namely the United Nations Security Council, and that its Statute and Rules guarantee to the Accused all fundamental human rights.
Monday's decision is subject to appeal, but it is unclear how the defense counsel will proceed.

Earlier this month, STL upheld [JURIST report] the decision to try four accused in absentia. The tribunal rejected the defense motion [motion, PDF] that challenged the legality and jurisdiction over the case. The STL could not find any error of legal reasoning in the February decision [decision, PDF] that could lead to unjust treatment of the four accused. In February, the STL granted [JURIST report] the prosecution's office permission to proceed with the case against the four accused assassins. The four members of Hezbollah [CFR backgrounder] have been accused of being involved in a February 2005 truck bombing that killed Hariri along with 20 others. The court reasoned that the prosecution and the national authorities have undertaken all reasonable steps to apprehend and inform the accused. Last August, the STL announced [JURIST report] that it would investigate three additional bombings that is believed to be connected to the February 2005 bomb attack. Two days earlier, the UN-backed tribunal unsealed [JURIST report] the indictment [text] against the assassins of Hariri after a pre-trial judge confirmed the indictment and ordered the lift of confidentiality. In June 2011, the STL released [JURIST report] the indictment along with an arrest warrant against the accused to local authorities.




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Slovakia to seek extradition of accused Nazi from Hungary
Dan Taglioli on July 30, 2012 1:31 PM ET

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[JURIST] Slovakian authorities on Monday announced plans to seek the extradition of a 97-year-old Hungarian man arrested in Budapest earlier this month on allegations of abusing and helping deport thousands of Jews during the Holocaust. Slovak Justice Minister Tomas Borec [official profile, in Slovak] asked a court to seek the extradition of the man alleged to be Laszlo Csatary [AP report]. The Hungarian man was arrested after the Simon Wiesenthal Center (SWC) [advocacy website], a Jewish human rights organization committed to finding and prosecuting Holocaust war criminals, submitted new evidence [JURIST report] to the Budapest prosecutor's office detailing the war crimes allegedly committed by Ladislaus Csizsik-Csatary, a former senior Hungarian police officer in the Slovakian city of Kosice. The evidence submitted to Prosecutor Dr. Gabor Hetenyi alleged that Csatary was one of the main actors responsible for deporting 300 Jews from Kosice to Kamenetz-Podolsk in Ukraine, where they were killed in 1941. The SWC also accused Csatary of being responsible for transferring about 15,700 Jews to Auschwitz [JURIST news archive]. According to a Czechoslovak court ruling from June 8, 1948, Csatary was found guilty of deportations to Nazi death camps and of unlawfully whipping, torturing or killing people in 1944, and he was sentenced to death in absentia. Czechoslovakia abolished the death penalty three years before dividing into Slovakia and the Czech Republic, so the death sentence would likely be changed to life imprisonment if Csatary is extradited from Hungary.

Earlier this month Hungarian prosecutors charged Csatary [JURIST report] with the "unlawful torture of human beings," a war crime that carries a maximum sentence of life in prison. Csatary is at the top of the SWC's list of most wanted Nazi war criminals [BBC backgrounder], and the SWC had already called on the Hungarian government to prosecute the Nazi war criminal [JURIST report] when the center issued its annual report in April. Nazi prosecution continues regardless of the ages of the criminals. In January the Ingolstadt Prosecutor's Office [official website, in German] filed a motion [JURIST report] to jail Klaas Faber, a Dutch native who fled to Germany after being convicted in the Netherlands in 1947 of Nazi war crimes. Germany reopened investigations into former Nazi death camp guards in October, which stemmed from the conviction of John Demjanjuk [JURIST reports], a former guard at a camp in Poland who was deported to Germany to stand trial for his alleged Nazi crimes. Last September alleged Nazi Sandor Kepiro died while he awaited an appeal [JURIST report] on his acquittal on war crimes charges.




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Namibia court rules government improperly sterilized HIV positive women
Rebecca DiLeonardo on July 30, 2012 1:24 PM ET

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[JURIST] A court in Namibia has ruled that the government sterilized three HIV-positive women without obtaining appropriate consent, a legal aid group said Monday. The Southern African Litigation Center (SALC) [advocacy website] reported [press release] that the court ruled the sterilization of the women improper after finding that they were asked to sign the release forms "while they were in severe pain or in labour." Nicole Fritz, Executive Director of the SALC, praised the decision, saying: "This decision is a significant victory for HIV positive women in Namibia. ... This ruling affirms not only the rights of HIV positive women but also of all women to access their sexual and reproductive rights." The SALC said several similar cases were currently pending in Namibian courts. The government was found to have violated both criminal and civil law. The women will be awarded monetary damages, which will be determined at a later date.

Governments worldwide have struggled in recent years to prevent the spreading of HIV while balancing the rights of their citizens. Earlier this month a UN commission reported that laws in all countries of the world are limiting assistance and options available [JURIST report] to individuals infected with HIV/AIDS. The commission found that a variety of laws and practices worldwide affect individuals' ability both to prevent exposure to the virus and to seek help after infection. Last September, the UK Department of Health announced that it would lift the lifetime ban [JURIST report] on blood donations from men who have had sex with other men. Britain introduced the lifetime ban in the 1980s in an effort to quell the proliferation of HIV and AIDS. The US Department of Health and Human Services in July 2011 asked experts to review a similar US policy [ABC report] that bars gay men from donating blood. In November 2010 a Chinese court ruled against [JURIST report] a man who claimed he was denied a teaching job because he is HIV-positive, finding that the city education officials properly assessed his unsuitability for the position base on health standards.




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India court sentences 21 to life in prison over 2002 religious violence
Dan Taglioli on July 30, 2012 1:08 PM ET

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[JURIST] An Indian court sentenced 21 individuals to life imprisonment on Monday after finding them guilty of attempted murder and rioting relating to several murders in the town of Visnagar in Gujarat state 10 years ago. The 21 Hindus were convicted and sentenced [AP report] for the deaths of 11 members of a Muslim family in 2002. The killings occurred during mob violence that left more than 1,000 dead and tens of thousands homeless after Hindu rioters set fire to Muslim homes and businesses when Muslims were blamed for a train fire that killed 60 Hindus retiring from a pilgrimage. The state government at the time was accused of looking the other way when the Hindus began attacking Muslims following the train fire. India's population is approximately 80 percent Hindu [CIA World Factbook profile] and less than 15 percent Muslim. The subcontinent was partitioned along religious lines into India and Pakistan upon gaining independence from Britain in 1947.

Hindu-Muslim relations are largely peaceful on the subcontinent but violence does occur. Last month New Delhi police arrested a key suspect [JURIST report] in the 2008 Mumbai terror attacks [BBC backgrounder; JURIST news archive], Abu Hamza, who is an alleged member of the Pakistani militant group Lashkar-e-Taiba (LeT) [CFR backgrounder]. In February a New Delhi court confirmed charges [JURIST report] against US citizens and a Canadian citizen who have been accused of being involved in the 2008 attacks. Mohammad Ajmal Amir Kasab [BBC profile; JURIST news archive], a Pakistani gunman in the attacks who was captured and convicted in 2010, had his execution stayed [JURIST reports] last year so he could appeal his death sentence. The 2008 Mumbai attacks killed 166 people.




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Maldives court refuses to hear case against former president
Rebecca DiLeonardo on July 30, 2012 12:59 PM ET

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[JURIST] A court in the Maldives has refused to hear the case against former president Mohamed Nasheed, saying it does not have jurisdiction to rule in the case. Nasheed was formally charged earlier this month 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. Prosecutors said on Monday that a court outside of the capital city of Male refused to hear the case because of location. They had filed the case outside the capital to avoid any conflict of interest [AP report] but said Monday that they would explore other legal options.

The arrest of the chief justice and the resulting unrest in Maldives sparked weeks of tension and unrest that drew international attention. Earlier this month the Committee to Protect Journalists (CPJ) claimed that press freedom in the country has been deteriorating since Nasheed's resignation in February [JURIST reports]. In April the Maldives Police Service referred the case against Nasheed to the Prosecutor's General Office 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. A group of Maldives lawyers in January asked [JURIST report] the International Criminal Court (ICC) [official website; JURIST backgrounder] to review the legality of the arrest of Chief Justice Abdulla Mohamed. During the same month, the Maldives Minister of Foreign Affairs 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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Tymoshenko asks Ukraine court to excuse her from trial for health reasons
Rebecca DiLeonardo on July 30, 2012 12:34 PM ET

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[JURIST] Jailed former Ukrainian prime minister Yulia Tymoshenko [personal website; JURIST news archive] on Monday requested permission to be absent from her tax evasion trial proceedings, which are scheduled to resume on July 31. Tymoshenko reportedly asked to be excused from the proceedings [RFE/RL report] due to health concerns. A German doctor who examined her has said that she will require eight weeks to recover adequately from her condition, according to a press release [text] on Tymoshenko's website. A Ukraine judge had postponed [JURIST report] the tax evasion trial last week after Tymoshenko failed to attend due to health concerns. Judge Kostyantyn Sadovsky held that it would be impossible to proceed with the trial when Tymoshenko is absent. Tymoshenko is being treated at a state-run hospital for back problems and has alleged that her health condition has not improved sufficiently to allow her to attend the hearings. Her tax evasion trial began in April but was initially delayed [JURIST reports] for health issues

Earlier this month, a Ukrainian appeals court postponed [JURIST report] the appeal hearing challenging Tymoshenko's corruption conviction and seven-year sentence. This marked the third postponement in the case. The case was last postponed in June [JURIST report]. The new date was set to August 16 following the request of the prosecution. Tymoshenko is reportedly suffering from a spinal condition which causes her debilitating pain. In May, 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 in prison on corruption charges. Ukrainian prosecutors have also indicated that she will face charges [JURIST reports] in a 1996 contract killing.




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South Korea rights group to file international complaint against China over prisoner torture
Dan Taglioli on July 30, 2012 12:24 PM ET

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[JURIST] A rights group in South Korea [JURIST news archive] on Monday announced its intent to appeal to the UN over the alleged torture of Seoul activist Kim Young-hwan during his time detained in China after helping North Korean refugees there. The Committee for the Release of Kim Young-hwan is considering filing an international complaint [AFP report] against China after Chinese authorities refused to acknowledge or apologize for the alleged torture. Kim, 49, was arrested in China with three other people in late March and accused of endangering national security. The Committee had originally been founded to advocate for Kim's release, and along with the international complaint is now considering filing a criminal or civil lawsuit against the Chinese government, perhaps in the International Criminal Court [JURIST backgrounder] or in a court in China itself. After being deported home on July 20 Kim claimed he had been physically abused while in Chinese custody. North Korean refugees like those Kim was trying to aid are repatriated back to North Korea when caught in China, and Chinese authorities are generally hostile to South Korean activists like Kim who attempt to help the fugitives.

Last month Committee for Human Rights in North Korea (HRNK) [advocacy website] reported that North Korea's caste system leads to human rights abuses [JURIST report] in the country, with members of the lower castes being classified as "class enemies" and not afforded basic human rights. In November UN Special Rapporteur on North Korean Human Rights Marzuki Darusman criticized North Korea's human rights record [JURIST report], particularly its treatment of prisoners, echoing a UN General Assembly [official website] resolution [text] passed the same week. In March 2010 the UN Human Rights Council (UNHRC) adopted a resolution condemning North Korea for human rights abuses [JURIST report]. Earlier that month the UN Special Rapporteur for North Korea reported to the UNHRC that the North Korean human rights situation was continuing to deteriorate [JURIST report]. In October the US Congress gave final approval to three free trade agreements, one of which was with South Korea [HR 3080 text], marking the first time in several years that the US has formed a trade partnership. The South Korea agreement will lower or eliminate tariffs that US exporters face [JURIST report] in the country and take steps to better protect intellectual property and improve access for American investors there.




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Federal judge blocks enforcement of insurance mandate for Colorado business owner
Rebecca DiLeonardo on July 30, 2012 11:44 AM ET

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[JURIST] A judge for the US District Court for the District of Colorado [official website] on Friday issued an injunction [order, PDF] barring the federal government from enforcing its controversial employer insurance mandate against a Colorado business owned by a Catholic family. The mandate [HHS press release], issued by the US Department of Health and Human Services (HHS) [official website], was added to the Patient Protection and Affordable Care Act (PPACA) [text] and requires nearly all health insurance plans to cover all FDA-approved drugs, including contraception, sterilization and Plan-B-type drugs, with a narrow exception for some religious institutions. The exception only applies to organizations whose mission is strictly religious in nature and thus will not exempt Catholic schools, hospitals or universities. Judge John Kane on Friday granted a request by the plaintiffs to block enforcement of the mandate against their family-owned heating and ventilation business due to family religious beliefs. The requirement was scheduled to go into effect on August 1. In his decision, Kane ruled that the plaintiffs' interest in protecting their religious freedom outweighs the state's interest in enforcing the law uniformly.

The HHS mandate has raised concerns in religiously affiliated institutions across the country. There are currently 24 separate lawsuits challenging the mandate. Last week, the Thomas More Law Center filed a motion [JURIST report] in the US District Court for the Eastern District of Michigan asking the court to block the mandate before it goes into effect on August 1. Earlier this month, Wheaton College [official website], a Christian institution in Illinois, filed a lawsuit [press release] challenging the HHS mandate. In May, more than 40 Catholic dioceses and other Catholic institutions around the US filed lawsuits [JURIST report] against the Obama administration alleging the mandate violated their right to religious freedom. In a statement, the Archdiocese of Washington, DC, said that the lawsuit was not about access to contraception, but rather "it is about whether the government may force religious institutions and individuals to facilitate and fund services which violate their religious beliefs."




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Romania presidential referendum fails for lack of minimum voter turnout
Dan Taglioli on July 30, 2012 11:14 AM ET

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[JURIST] Romanian President Traian Basescu [official website, in Romanian] survived a national referendum on Sunday when the vote was invalidated for failing to achieve the required threshold of 50 percent voter turnout. The controversial attempt to remove Basescu from office was largely orchestrated by Prime Minister Victor Ponta [BBC profile], whose Social Liberal Union (USL) party in May gained control of the majority of seats in Parliament [official website], which then impeached Basescu [JURIST report] earlier this month by a 256-114 vote. Afterward Parliament voted to eliminate the referendum law's 50 percent turnout provision, which has historically been very difficult to achieve in Romania, but the Constitutional Court of Romania [official website, in Romanian] ordered the threshold rule reinstated, holding that Parliament had been wrong to eliminate the provision [JURIST report]. The national electoral bureau finalized the national turnout rate at 46 percent [Guardian report], of which over 80 percent cast votes in favor of ousting Basescu, whose austerity policies have been hugely unpopular with the electorate. Romania [CIA World Factbook profile] emerged from communism in 1989, joined the European Union [official website] in 2007 and has a population of around 20 million. Basescu has been president of Romania since 2004.

Basescu survived a similar referendum in 2007 [JURIST report] with 74 percent of the vote and only 44 percent turnout. In 2009 the Constitutional Court declared then-incumbent Basescu the winner of that year's disputed presidential election [JURIST report], returning him to office after unanimously rejecting a complaint by Basescu's opponent alleging voter fraud and bribery. Last week the Constitutional Court upheld a parliamentary change to the country's referendum law that lengthened voting times by an four extra hours [JURIST report], an effort led by Ponta and the USL to increase voter turnout for Sunday's referendum. A week earlier interim president Crin Antonescu [personal website, in Romanian] signed a law reinstating the 50 percent turnout threshold [JURIST report] after the Constitutional Court's ruling that it was improperly eliminated by Parliament. Also this month the Constitutional Court accused Ponta of overstepping his authority [JURIST report] by attempting to seize control over the judiciary system, after which European Commission (EC) President Jose Manuel Barroso [official website] summoned Ponta to Brussels to discuss concerns over some of the prime minister's policies, urging Ponta to respect the full independence of the Romanian judiciary and expressing the EC's desire that Romania maintain a democratic system of checks and balances.




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Russia president signs law re-criminalizing libel and slander
Rebecca DiLeonardo on July 30, 2012 10:01 AM ET

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[JURIST] Russian President Vladimir Putin [official website] on Monday signed [press release] a bill into the law that re-criminalizes slander and libel in the country. The law defines slander as "knowingly disseminating false information defaming the honour and dignity or undermining the reputation of another person." The legislation was approved [JURIST report] by the Russian State Duma [official website, in Russian] earlier this month. Russia decriminalized the offenses of slander and libel six months ago, making them adminstrative offenses rather than criminal. The new law reinstates criminal penalties for the offenses, some of which are harsher than previous penalties. In a press release, the president's office said the law was designed to protect the constitutional rights of citizens.

Rights groups and politicians in Russia have expressed concern over other recently passed laws they say are aimed at restricting civil rights. Last week, Putin signed [JURIST report] into law a bill that labels all non-governmental organizations (NGOs) that receive foreign funding as "foreign agents" and requires them to register with the Justice Ministry. Opponents of this new law say that its purpose is to curb free speech [RFE/RL report] and limit information available to the public. Earlier this month, Russian politicians asked [JURIST report] the country's constitutional court to review a recently passed law that increases penalties against protesters who violate regulations. The State Duma also recently approved a bill regulating Internet use that some fear the government will use to oppress speech. In May Russia also for the first time convicted a gay rights activist [JURIST report] under a law prohibiting the spread of "homosexual propaganda" to minors, which caused concern from human rights groups.




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