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Legal news from Saturday, September 15, 2012




UN rights chief urges halt to violence over anti-Islam film
Jaimie Cremeans on September 15, 2012 3:23 PM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay on Friday urged religious and political leaders around the world to encourage an end to violence [press release] that erupted after a US citizen released an anti-Islam film last week. While Pillay said she "fully understand[s] why people wish to protest strongly against" the film, she "utterly condemn[s]" the violence that has resulted from the protests. Violent protests on Tuesday in Benghazi and Egypt led to the death of the US ambassador and three others and injured more than 200 others, while protests on Thursday in Yemen led to the death of one person and injured 15 others. Pillay noted that the best way to deal with the hatred expressed in the film is to ignore it and deny it publicity. However, she also mentioned that Articles 19 and 20 of the International Covenant on Civil and Political Rights [text] allows freedom of expression while prohibiting "propaganda for war" and "advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence." She said these articles could offer states the ability to make regulations that will protect both the rights and reputations of all of their people.

Religious violence and discrimination is a problem worldwide that many countries are trying to eliminate. In July an Indian court sentenced 21 people [JURIST report] to life imprisonment when they were found guilty of murdering a Muslim family in 2002. Human Rights Watch (HRW) [advocacy website] in June sent a letter [JURIST report] to a Bulgarian minister asking her to denounce violence by anti-gay and lesbian groups. In 2007, the US State Department [official website] released a report [JURIST report] criticizing some of its allies' lack of religious freedom and the amount of religious violence that occurs in those countries.




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Gambia president halts executions amid international pressure
Jaimie Cremeans on September 15, 2012 1:25 PM ET

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[JURIST] Gambian President Yahya Jammeh [official website] announced Friday that he will implement an indefinite moratorium on executions due to "numerous appeals." The international community was very critical of Jammeh when he executed nine prisoners [JURIST report] last month after vowing to execute all death row inmates by the middle of September, ending a 27-year moratorium on executions in the country. Jammeh said [BBC report] Friday that the moratorium will remain in place as long as violent crime rates decline, but will be lifted of violent crime rates increase. This leaves the fate of 37 prisoners who remain on death row in the country still undetermined.

The issue of the death penalty [JURIST news archive] continues to be debated in countries throughout the world, and Gambia's recent executions added fuel to the fire. At the end of last month the UN encouraged Gambia [JURIST report] to reinstate an immediate moratorium on the death penalty. In July Singapore went the other direction, announcing plans to relax mandatory death sentences [JURIST report] for drug trafficking and murder. A week earlier UN Secretary-General Ban Ki-moon [official profile] called on all member states to abolish capital punishment [JURIST report]. Human rights groups have also researched the topic, and the Anti-Death Penalty Asia Network [advocacy website] released a report in December that showed the Asia-Pacific region executes more people [JURIST report] than the rest of the world.




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Wisconsin judge strikes down controversial collective bargaining law
Max Slater on September 15, 2012 12:01 PM ET

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[JURIST] A Wisconsin judge on Friday struck down [opinion, PDF] a controversial law [text, PDF] that limits the collective bargaining rights of public sector unions. Juan Colas, a judge for the Dane County Circuit Court [official website], held [AP report] that the collective bargaining law, known as the Budget Repair Bill, violated union workers' rights to freedom of speech, freedom of association and equal protection under the US and Wisconsin constitutions. The Budget Repair Bill forces most state workers to pay more in health insurance and other benefits and compels unions to be recertified each year [Reuters report]. Reaction to the court's decision was mixed. State Assembly leader Peter Barca (D-Kenosha) [official website] called the decision a "huge victory for Wisconsin workers" [Milwaukee Journal Sentinal report]. Wisconsin Governor Scott Walker [official website] said that while he was disappointed [press release] with the Circuit Court's ruling, he remained confident that the Budget Repair Bill will be upheld on appeal.

The Budget Repair Bill has been the subject of copious legal and political controversy since its passage in March 2011. In July the Wisconsin Supreme Court [official website] refused to reopen a case challenging the Budget Repair Bill because of a justice's refusal to recuse himself [JURIST report]. The Supreme Court's upholding of the Budget Repair Bill overruled a Dane County Circuit Court's decision [opinion, PDF; JURIST report] last year that struck down the law for violations of the open meetings rule. The law had previously been temporarily blocked [JURIST report] from publication and implementation by the same judge. The bill, which limits collective bargaining rights of state employees and requires them to contribute a percentage of their salaries to their health care and pensions, was signed into law [JURIST report] in March of last year.




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Prosecutors urge ECCC to seize passport of former Khmer Rouge leader
Max Slater on September 15, 2012 10:17 AM ET

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[JURIST] Prosecutors in the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website] on Friday urged the tribunal to seize the passport [press release, PDF] of former Khmer Rouge leader Ieng Thirith [BBC backgrounders] whose release was ordered after she was declared mentally unfit to stand trial. The ECCC ruled [JURIST report] on Thursday that Ieng Thirith is suffering from a mentally debilitating illness, likely Alzheimer's disease, and is thus not mentally competent to face trial. The prosecutors stated that while they agree with the ECCC's decision to release Ieng Thirith, the court should impose restrictions on her to ensure that she does not flee the country. In the press release, the prosecutors listed the reasons why the court should monitor and restrict Ieng Thirith's movement:
The purpose of these restrictions or conditions would be (1) to ensure that the Accused does not flee the jurisdiction of this Court (2) to ensure she does not interfere with witnesses or other accused giving evidence at trial (3) to ensure her safety and public order and (4) to ensure that her health is adequately monitored to enable the Trial Chamber to remain informed of her medical condition.
Her release has been delayed pending a ruling on the prosecution's request.

Ieng Thirith was indicted [JURIST report] in September 2010 along with her husband and former foreign minister Ieng Sary, chief ideologist Nuon Chea and former head of state Khieu Samphan [ECCC profiles]. The ECCC ruled in November that Ieng Thirith was unfit to stand trial [JURIST report], but the Supreme Court Chamber ordered that she remain in detention [JURIST reports] and that the Trial Chamber exhaust all measures so that she could stand trial. The other three went on trial [JURIST report] in November.




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