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Legal news from Sunday, December 9, 2012




UN rights expert condemns China 'retaliation' against activist's relative
Brandon Gatto on December 9, 2012 1:41 PM ET

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[JURIST] The UN Special Rapporteur on human rights defenders [official website] on Friday urged China to end retaliatory efforts [press release] against Chen Guangcheng [BBC profile; JURIST news archive], a blind human rights lawyer who successfully fled the communist country earlier this year, by immediately releasing the activist's nephew. According to the Office of the High Commissioner for Human Rights (OHCHR) [official website], Chen's nephew, Chen Kegui, was arrested when local officials raided his family's home without a warrant, just after Chen Guangcheng himself escaped house arrest, fled to the US Embassy in Beijing, and was allowed to travel to the US to pursue an education at New York University [academic website]. Chen Kegui has since been sentenced to three years and three months in prison for injuring an officer during the raid and has been subjected to months of detention without communications. The UN expert, Margaret Sekaggya [official profile, PDF], strongly condemned Chen Kegui's treatment and demanded that the Chinese government work to ensure that the fundamental human rights of activists and their families are not violated as a result of their peaceful activities. In particular, Sekaggya stressed her discontent with Chen Kegui's lack of legal representation at his trial on November 30 and noted that the legal proceeding in no way appeared equal between the prosecution and defense. The Special Rapporteur ended her plea by calling on China to promptly investigate all acts perpetrated against human rights defenders and their families, and to prosecute those responsible.

Chen Guangcheng, an outspoken activist known as China's "barefoot lawyer," was originally wanted in his rural town for exposing forced abortions and other human rights abuses. In May he urged the US Council on Foreign Relations [official website] to "try harder" to promote the rule of law [JURIST report] in China. Chen arrived in New York only a week earlier after he left the US embassy [JURIST reports] earlier in the month. His arrival resolved a US-China struggle that began when he escaped [JURIST report] from his house arrest and sought refuge at the US embassy in Beijing in April. The house arrest began after Chen had already served four years in prison [JURIST reports] for damaging property and "organizing a mob to disturb traffic."




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Egypt president ends decree expanding presidential powers
Cynthia Miley on December 9, 2012 10:32 AM ET

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[JURIST] Egyptian President Mohamed Morsi [BBC profile] on Sunday ended a controversial decree that had greatly expanded his presidential powers. Although the move was viewed as a concession [CNN report] to protesters who had called for the end of the decree [JURIST report], Morsi refused to push the constitutional referendum on Egypt's draft constitution [text, PDF] back from December 15, which the protesters had also wanted [JURIST report]. Terminating the decree does not rescind any of the decisions Morsi made while the decree was in place, such as his approval of the draft constitution. Those decisions were not subject to judicial oversight and cannot be challenged in the court system. The announcement, given by a presidential adviser, followed a presidential "national dialogue" meeting [Reuters report] that was boycotted by the president's opponents. Egyptian authorities claim six people have died as a result of the protests, and the Muslim Brotherhood has said the clashes have claimed the lives of eight members.

Egypt's revolution [JURIST backgrounder] last year has generated many political clashes, particularly regarding the draft constitution. Last week UN High Commissioner for Human Rights Navi Pillay [official profile] expressed grave concern [JURIST report] at the rising death toll during the ongoing political chaos. Pillay complained that Egypt's draft constitution passed without the participation of Christian or liberal legislators and that it omitted references to international human rights treaties that Egypt had ratified. Also last week Egypt's Supreme Judicial Council agreed to oversee the national referendum [JURIST report] on the country's new constitution and planned to delegate about 10,000 judges to monitor the referendum. In late November Egyptian courts suspended work [JURIST report] to protest Morsi's decree because it had removed judicial review of his actions. In October Human Rights Watch [advocacy website] urged Egypt to amend its proposed constitution [JURIST report] to comply with international treaties. In July, a few days after he was sworn in as president, Morsi issued a decree [JURIST reports] calling the Egyptian parliament back into session, despite a previous ruling by the Supreme Constitutional Court dissolving parliament after finding that one-third of its members were elected illegally. The court suspended Morsi's decree two days later, after which Morsi vowed that he would respect the ruling [JURIST reports]. 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.




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