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Legal news from Friday, September 21, 2012




France Constitutional Council rejects national ban on bullfighting
Dan Taglioli on September 21, 2012 8:03 PM ET

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[JURIST] The Constitutional Council of France on Friday rejected [decision, in French] a challenge to the bullfighting exception contained in the animal cruelty provisions of the country's criminal code. Article 521-1 of the Criminal Code [text, PDF] provides for two years in prison and a 30,000 euro fine for the serious maltreatment or commission of an act of cruelty toward any domestic animal or animal held in captivity, but the provisions provide an explicit exception for bullfights held in a region where an uninterrupted local tradition can be shown. In an effort to ban bullfighting nationwide, animal rights activists unsuccessfully argued that such a regional exception violates equal protection principles guaranteed in the French constitution [materials]. The Council found that the exception as crafted was sufficiently precise so as to not infringe constitutional rights. The tradition has been popular in France for 150 years and continues under the animal cruelty exception, mostly in the southern area of the country. More than 1,000 animals are killed annually [AFP report] in the dozens of bullfights held in France, defended by advocates as a local tradition and important generator of tourism.

Bullfighting in France, Spain and other countries has become a controversial issue in each nation. The most recent national animal cruelty controversy in the US was settled in November 2010 when the Senate [official website] unanimously approved a bill [JURIST report] banning animal cruelty "crush" videos, which featured small animals being tortured or killed for entertainment purposes. Congress was forced to revise 1999 animal cruelty legislation [18 USC § 48 text] following the Supreme Court's decision in United States v. Stevens [Cornell LII backgrounder], in which the 1999 law was struck down [JURIST report] for being substantially overbroad and therefore in violation of the First Amendment [text]. Following the Supreme Court's decision animal rights activists focused on the narrowness of the ruling and called on [JURIST comments] Congress to revise the law.




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Turkish court sentences former military officers for coup plot
Rebecca DiLeonardo on September 21, 2012 11:53 AM ET

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[JURIST] A Turkish court on Friday delivered the first of more than 300 verdicts expected in the trial examining the 2003 Balyoz Security Operation Plan [Taraf report, in Turkish; Al Jazeera backgrounder], or "Sledgehammer" plot [JURIST news archive], which included plans to bomb Istanbul mosques and provoke Greece into shooting down a Turkish plane in order to undermine the government. Three former military officers were sentenced to 20 years in prison each [Anatolia report, in Turkish] for their involvement in the coup. The court also handed out lesser sentences to several other defendants and acquitted 36. A total of 365 military officers [BBC report] were charged in the case. The prosecution alleged that military officers planned to create tension with Greece in order to facilitate a military coup. Defense lawyers for some of the defendants have already indicated that they will appeal to the European Court of Human Rights [official website].

The court's decision on Friday indicates a shift in the balance of power in Turkey, where military coups have been attempted several times in recent decades. In June Turkish police arrested six former military officials [JURIST report] for involvement in the 1997 coup that caused Turkey's Islamist-led government to resign. In April Turkey's Ankara 12th High Criminal Court began the trial [JURIST report] of the last two surviving leaders of the 1980 coup that led to three years of military rule. Former President Kenan Evren faces a possible life sentence [JURIST report] in that trial. In 2010 a Turkish court also began the trial [JURIST report] of 33 retired and active naval officers who allegedly planned to overthrow the government and implement military rule.




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UN rights chief urges Georgia to investigate prison torture
Rebecca DiLeonardo on September 21, 2012 11:11 AM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] on Friday called on authorities in Georgia to investigate prisoner mistreatment after video footage earlier this week allegedly depicted the torture and rape of prisoners in the country's capital of Tbilisi. A spokesperson for Pillay told reporters in Geneva on Friday that the High Commissioner has called for an immediate investigation [Reuters report] into all allegations of human rights violations against prisoners. The video footage aired on national news stations early this week, prompting nationwide demonstrations calling for justice. Georgia's Interior Minister Bacho Akhalaia resigned amid the protests.

Human rights violations in prisons and prisoner torture have been topics of international concern recently. Last month the Open Society Justice Initiative (OSJI) urged the European Court of Human Rights (ECHR) to review allegations that Romania was involved in the torture [JURIST report] and other ill-treatment of a Saudi Arabian currently facing a death penalty trial before a US military commission at Guantanamo Bay [JURIST backgrounder]. In June lawyers for alleged 9/11 conspirator and Guantanamo Bay detainee Khalid Sheikh Mohammed revealed that they have asked a UN official to investigate allegations of torture [JURIST report]. In March, the former head of the Polish Intelligence Agency indicated that he may face charges for his assistance of the US Central Intelligence Agency (CIA) in operating a secret prison [JURIST news archive] in Poland where prisoners were allegedly tortured.




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Trinidad and Tobago Justice Minister fired over judicial procedure law
Dan Taglioli on September 21, 2012 10:15 AM ET

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[JURIST] Trinidad and Tobago Justice Minister Herbert Philip Volney [official profile] was removed from office Thursday on allegations that he had deceived the country's government regarding a controversial law that established a new system of pre-trial proceedings relating to indictable offenses. Created by Volney's Ministry of Justice (MOJ) and passed by Parliament [official websites] in December, the Administration of Justice (Indictable Proceedings) Act, 2011 [text, PDF] introduced an entirely new pre-trial system for serious crimes, designed to reduce the pre-trial waiting time [MOJ backgrounder] from an average of six years to less than one. Section 34 of the Act, however, established a statute of limitation on crimes alleged to have been committed more than 10 years before criminal proceedings are commenced. Of particular current concern is the possibility of dismissal of the cases of businessmen Ishwar Galbaransingh and Steve Ferguson, who have been indicted in the US on corruption charges [Reuters report] related to the construction of a billion-dollar international airport in Trinidad. Their extradition was quashed on assurances that they would be tried in Trinidad and Tobago courts on similar charges. Prime Minister Kamla Persad-Bissessar [official profile] now claims that Volney lied last year when he assured the cabinet that the proclamation of the Act had been approved by the country's Chief Justice and the Director of Public Prosecutions. Section 34 was repealed on September 14 by parliamentary amendment [text, PDF].

Corruption of public officials is an international concern. Earlier this week Pakistan Prime Minister Raja Pervez Ashraf announced that he will allow Switzerland to reopen corruption charges [JURIST report] against President Asif Ali Zardari [official website]. The corruption case is thought to involve approximately USD $60 million. Last week an Egyptian court sentenced former prime minister Ahmed Nazif to three years in prison [JURIST report] after finding him guilty of corruption charges including embezzlement of US$10.5 million while in office. Earlier that week President-elect of Mexico Enrique Pena Nieto [campaign website, in Spanish] announced that he is proposing constitutional reforms that will increase government transparency [JURIST report]. Pena Nieto's electoral victory, confirmed [JURIST report] in July, has itself faced subsequent legal challenges, although each proved unsuccessful. Last month Mexico's Electoral Tribunal upheld the results after finding that there was no evidence that Pena Nieto violated election regulations [JURIST report].




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DC Circuit hears arguments on ACLU request for information on drone strikes
Michael Haggerson on September 21, 2012 9:26 AM ET

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[JURIST] The US Court of Appeals for the District of Columbia Circuit [official website] heard arguments Thursday on whether to grant a Freedom of Information Act (FOIA) [5 USC § 552] request by the American Civil Liberties Union (ACLU) [advocacy website] to obtain information from the CIA [official website] on its use of unmanned Predator drones [JURIST news archive]. The CIA argued that the US government has never officially acknowledged [AP report] the use of unmanned drone strikes for killings and that it cannot reveal the number or nature of the strikes without giving up confidential information protected under the FOIA. This issue of whether the government has publicly acknowledged the use of drone strikes is critical to the case. Under the FOIA, once the government has publicly acknowledged a fact, it may not refuse to confirm that fact in court. The ACLU stated [press release] that "the court should put an end to the government's double game of selectively disclosing information about the program in public while obstinately refusing to confirm or deny the very existence of the program in federal court." The ACLU pointed to several statements from the Obama administration that it claims are an acknowledgement of the use of drones, but the CIA argued that none of the statements is conclusive. For its part, the court appeared to be skeptical of the CIA's arguments. The ACLU has also expressed concern over reports of drone strikes being used to carry out targeted killings of US citizens. The ACLU initially filed [JURIST report] its FOIA request in March 2010.

Unmanned drone strikes have been a contentious legal issue, especially their use in Pakistan. In August UN Special Rapporteur on human rights and counterterrorism Ben Emmerson said that the US government must allow an independent investigation [JURIST report] of the legality of its drone strike policy. In July the Pakistan Ambassador to the US called on the CIA to stop using drone strikes [JURIST report]. Earlier that month US lawmakers expressed concern over the use of drones within the US [JURIST report] at a hearing in the US House Committee on Homeland Security [official website]. Also in July the Center for Constitutional Rights [advocacy website] and the ACLU filed a suit [JURIST report] challenging the US government's targeted killing of three US citizens in drone strikes. Commentators have suggested that the CIA's claim that there have been zero civilian casualties due to drone strikes needs to be seriously examined [JURIST op-ed].




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Germany court confirms wanted Nazi doctor is dead
Michael Haggerson on September 21, 2012 8:53 AM ET

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[JURIST] The regional court in Baden-Baden, Germany announced on Friday that it is ending its inquiry into Aribert Heim, a wanted Nazi war criminal known as "Dr. Death." Heim was accused of experimenting on Jewish prisoners during the Holocaust, including performing operations and amputations without anesthesia to test the limits of pain tolerance and killing thousands of people. German prosecutors stated that Heim's son and lawyer provided sufficient evidence [BBC report] to prove that Heim had been living under an assumed identity, Tarik Hussein Farid, in Cairo and died of bowel cancer in 1992. Reports initially surfaced in 2009 that Heim was dead. The hunt for Heim was extensive, extending even to South America [JURIST report].

International courts have been working to locate and try against Nazi war crimes suspects. In August German prosecutors announced that they were contemplating [JURIST report] bringing charges against an 87-year-old man suspected of having been an SS guard at the Auschwitz [JURIST news archive] concentration camp. Earlier that month the High Court of Australia [official website] rejected a request [JURIST report] by the nation of Hungary to extradite a Nazi war crimes suspect. Also that month, Slovakian authorities announced that they have filed new charges [JURIST report] against a 97-year-old Hungarian man arrested in Budapest last month on allegations of abusing and helping deport thousands of Jews during the Holocaust.




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Mexico reviewing Alabama immigration law under international labor treaty
Sarah Posner on September 21, 2012 7:27 AM ET

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[JURIST] The Mexican government announced Thursday that it is reviewing a complaint [complaint, PDF] by the Service Employees International Union (SEIU) [union website] that Alabama's immigration law [HB 56, PDF] violates [press release] the North American Fair Trade Agreement (NAFTA) and the North American Agreement on Labor Cooperation (NAALC) [texts]. The SEIU argues that the law violates the NAALC, the labor side agreement to NAFTA, by failing to meet labor standards and ensure workers' access to procedures and remedies for obtaining workers' compensation. The SEIU specifically alleges that Alabama's immigration law is violating the protections granted to migrant workers under the treaty. The SEIU argues that Alabama's immigration law is discriminatory and abusive towards all workers and that the law violates both international human rights standards and labor standards. According to the complaint:
The law creates a subclass of super-exploitable migrant workers, sowing fear and confusion to marginalize and oppress all migrant workers regardless of their documents. This law deprives migrant workers of the same legal protection as U.S. nationals. Moreover, all workers suffer when migrant workers are too fearful to complain even when they suffer the most egregious violations of their labor and employment rights.
Although the SEIU contends that the anti-immigration laws of many different states violate the NAALC, the labor union asserts that Alabama's law is one of the most flagrant violations of the international trade agreement. Mexico's Secretary of Labor and Social Welfare [official profile, in Spanish] said that Mexico will open a dialogue between the two countries as provided under this trade agreement.

Earlier this month Alabama state officials petitioned the US Court of Appeals for the Eleventh Circuit to reconsider a ruling partially striking down [JURIST reports] the state's immigration law. In August a three-judge upheld several provisions, including one allowing police officers to check the immigration status of persons suspected of a crime, but rejected provisions making it a crime for undocumented immigrants to work or solicit work, imposing criminal penalties on persons who rent property to illegal immigrants and requiring state officials to check the immigration status of children in public schools. Also in August, the US Department of Justice (DOJ) announced that it will establish a civil rights unit [JURIST report] in Alabama in the wake of the state's contentious immigration law raising concerns about compliance with federal law. In the speech, Assistant US Attorney General Thomas Perez argued that Alabama's immigration law threatens the rights of undocumented immigrants as well as the children of these immigrants.




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UN rights chief urges Algeria to remove restrictions on civil society organizations
Sarah Posner on September 21, 2012 6:38 AM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] urged [statement] Algeria on Wednesday to remove restraints on civil society organizations in North Africa. Pillay applauded Algeria for vast improvements that the country has made since the 1990s when Algeria was entrenched in war. However, she also voiced concerns [UN News Centre report] that security in the country has negatively impacted human rights. Pillay said that non-governmental organizations (NGOs) are vital to society and must be permitted to operate without impediments. Pillay specifically alleged violations of Article 20 of the Universal Declaration of Human Rights and Article 22 of the International Covenant on Civil and Political Rights, both of which are binding on Algeria as a signed party. Pillay's comments come as Algeria celebrates its fiftieth year as a member of the UN. Pillay stated:
It is NGOs who fight for the rights of the most vulnerable sections of society—for the poor, the marginalized, and minorities suffering from discrimination. It is NGOs that play a vital role in upholding the rule of law by exposing corruption and other abuses. Their persistence and exuberance doesn't always make them popular with the authorities, but—like the media and opposition political parties—they provide one of the essential checks and balances that helps create a better human rights environment.
Pillay delivered these remarks in Algeria after meeting with the country's president, prime minister, ministers of Foreign Affairs, Justice and Interior, and the presidents of parliament, the Supreme Court, and Council of State.

In May UN Special Rapporteur on Freedom of Assembly and Peaceful Assembly and Association [official profile] Maina Kiai said that Algeria should use its upcoming legislative elections to address concerns about inadequate freedoms of expression and association [JURIST report]. Kiai expressed concern over a law, which passed in January [ICNL report] giving the government broad power in registering groups as associations and banning associations from receiving foreign funds from any governments besides "duly established cooperative relations." It also bans associations from having goals that go against "national values." Kiai said the law is oppressive because it is vague and does not meet international standards for freedom of association. He called on the government to change the law so that it meets the UN's standards.




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