JURIST - Paper Chase: Sunday, December 23, 2012

[JURIST] The Egyptian opposition on Sunday said it will appeal the referendum that appears to have voted in a new constitution backed by ruling Islamic parties. The opposition has alleged the vote was marred by fraud [Al Jazeera report] and irregularities, while the Muslim Brotherhood [official website], the main supporters of the new constitution, claim the referendum has passed with 64 percent "yes" votes [Reuters report]. Official results have not been released yet and are expected on Monday. The National Salvation Front, the main opposition group, composed of united factions of liberals, socialists and others, had campaigned heavily for the rejection of the referendum. Members of the opposition have stated they will keep up pressure on Egyptian President Mohamed Morsi [BBC backgrounder], including the continuation of peaceful protests. The opposition claims that the new constitution seeks to enshrine Islamic rule in Egypt, citing insufficient protection of women and minority groups, as well as empowering Muslim clerics by giving them say in the legislative process.

The draft constitution [text, PDF] is backed by the Islamists and has been extremely controversial. Earlier this month, a coalition of Egyptian rights groups called for a redo [JURIST report] of the first round of the constitutional referendum alleging widespread irregularities [press release], including lack of judicial supervision at the polling places and intentional delays at several women's polling places, rendering them unable to vote. UN High Commissioner for Human Rights Navi Pillay [official profile] has also expressed concern at the rising death toll during the ongoing political chaos in Egypt, saying that Egypt's draft constitution presents serious problems for human rights [JURIST report]. Pillay complained [UN News Centre report] that the draft constitution was passed without the participation of Christian or liberal legislators. Pillay also said that she was concerned about the draft constitution's omission of references to international human rights treaties that Egypt ratified in the past. While Pillay commended the fact that the draft constitution imposes term limits on Morsi and provides some protections for freedom of expression and religion, she noted that these protections were not strong enough.

[JURIST] Philippine President Benigno Aquino [official profile] on Friday signed legislation [PIA report] that criminalizes enforced disappearances. According to the Presidential Communications Operations Office [press release], the Anti-Enforced or Involuntary Disappearance Act of 2012 criminalizes the "arrest, detention, abduction or any other form of deprivation of liberty by agents of the State." The law was passed by Congress in October. In a clause deemed crucial [HRW press release] by Human Rights Watch (HRW) [advocacy website], those accused of violations of the law may not invoke "orders of battle-military documents that identify alleged enemies" in order to avoid prosecution under the law. In addition, the law gives subordinates the power to defy unlawful orders by superior officers commissioning enforced disappearances and holds superiors culpable for violations committed by by subordinates. Under the law, victims and kin of victims may seek compensation and restitution for violations by state agencies. Anyone convicted under the new law faces up to life in prison and may not receive amnesty. According to the Philippine Information Agency, the new law "mandates that Human Rights organizations shall participate in the crafting of the Implementing Rules and Regulations of the law."

In March the UN High Commissioner for Human Rights cited [JURIST report] enforced disappearances as one of the most heinous crimes during her opening statement [text] to the Committee on Enforced Disappearances.The International Convention for the Protection of all Persons from Enforced Disappearance [text] was signed [JURIST report] in 2007 by at least 57 countries, but has not been ratified by the required 20 to take effect. In August 2011 the UN called for all states to end [JURIST report] the "heinous crime" of enforced or involuntary disappearances. Enforced disappearances refers to the practice of placing people in secret detentions for weeks or months without ever being brought before a judge. Some victims of the practice say they were tortured during their detainment. According to HRW "Under [Philippine] President Ferdinand Marcos, enforced disappearances were rampant, as the military and police routinely rounded up activists and suspected communist rebels and supporters."

[JURIST] An Italian appeals court on Friday overturned the conviction of three Google [corporate website] executives for violating Italian privacy laws by posting a video on Google of a handicapped child being bullied. Google was "delighted" [AP report] to see the convictions overturned and uncertainty over the effects of Italian privacy laws removed. The lower court's conviction raised concern over European privacy laws and the need to police the Internet for content that could be incompatible with the privacy laws. None of the Google executives was involved with the creation of the video, and the video was removed from the Internet two hours after authorities notified Google. In its final arguments, Google explained that the large quantity of videos and posts on the Internet would make it impossible for Google to preview everything prior to its posting. Google maintained that it was unaware of the offensive material posted online and proceeded to remove the video after being notified by authorities.

In 2010 an Italian court found the three Google executives guilty of privacy violations [JURIST report] for allowing a video depicting bullying to be posted on its website. The court in Milan found that the three men, David Carl Drummond, George De Los Reyes and Peter Fleitcher, violated the privacy rights of a young man with Down syndrome when they allowed a video showing his classmates bullying him to remain on the Google Italy website from September to November 2006. All three men were given a suspended sentence, though prosecutors had asked for a one-year imprisonment.

[JURIST] A judge for the US District Court for the Eastern District of Missouri [official website] on Friday blocked a Missouri law which prohibits mandatory insurance coverage of birth control for any employers with ethical or religious objections, finding that the state law conflicts with the Patient Protection and Affordable Care Act (PPACA) [text; JURIST backgrounder]. The Missouri Insurance Coalition sought to have the state law blocked, arguing that it is invalid because it conflicts with federal law. With the law blocked [AP report], state insurance companies can still approve laws with an exemption for contraceptives but may not reject policies that lack this exemption. A hearing for a preliminary injunction will be set for a later date.

The bill [SB 749 materials], which became law after the Republican led state legislature override a veto [JURIST report] by Governor Jay Nixon [official website], was introduced [Reuters report] in the Missouri legislature in response to the PPACA. The Senate voted 26-6 to override the veto, while the House narrowly secured the required endorsements, voting 109-45. Representative Sandy Crawford supported the override, saying the bill "protects religious liberties and prohibits businesses from being forced to provide abortions."