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Legal news from Tuesday, December 25, 2012




Former justice minister in Georgia to be formally charged
Sarah Posner on December 25, 2012 2:11 PM ET

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[JURIST] Georgian Chief Prosecutor Archil Kbilashvili announced Tuesday that the former justice minister in Georgia, Justice Minister Zurab Adeishvili, is set to be charged on December 26 in connection with the torture of prisoners in the country's capital of Tbilisi. The prosecution is investigating [Trend report] allegations of torture in the prison. The prosecution explained that it was examining photographs of prisoners inside the Tbilisi prison which were released. With the investigation in progress, the prosecution is not releasing any details at this time. Adeishvili is currently out of the country.

In September 2012, UN High Commissioner for Human Rights Navi Pillay [official profile] called on authorities in Georgia to investigate [JURIST report] 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 into all allegations of human rights violations against prisoners.




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UN votes to negotiate international arms treaty
Sarah Posner on December 25, 2012 1:36 PM ET

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[JURIST] The UN General Assembly [official website] voted [press release] Monday to re-enter negotiations over an international treaty for the global sale of arms, a 70 billion dollar industry. The General Assembly adopted an arms treaty with 133 votes in favor of the updated text, no votes against it, and 17 abstentions. This vote was opposed [Reuters report] by the National Rifle Association (NRA) [advocacy website], who lobbied against the UN's vote. Negotiations over an international arms treaty which broke down in July, will now resume. UN delegates said that the talks originally fell apart due to the political climate in the US with President Barack Obama fearing that an international treaty for the sale of arms would be politically damaging in the wake of the presidential election. The Obama Administration has now come out in support of an international arms treaty. Meanwhile, the NRA opposes any type of international arms treaty and has put pressure on President Obama to oppose treaty negotiations for the global sale of arms. As part of the vote, the General Assembly agreed to convene in New York from March 10 through March 28, 2013.

The UN's vote comes just a day after the NRA CEO Wayne LaPierre dismissed [JURIST report] called for a renewed ban on assault weapons on Sunday. LaPierre said that an assault weapons ban was a "phony piece of legislation." After LaPierre's interview on Sunday, it is very unlikely that the NRA will support any new regulations on guns. LaPierre reiterated the NRA's support for having an armed police officer at every school in the the country. In August UN Secretary-General Ban Ki-moon urged [JURIST report] the international community to prevent the illegal trade of weapons, which are responsible for killing more than 500,000 people every year. The Program of Action adopted by various countries in 2001 lists recommendations for countries to bolster national legislation combating the illegal trade of weapons and improve regional and international cooperation to assist in this effort.




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Russian human rights official appeals ruling against Khodorkovsky
Daniel Mullen on December 25, 2012 11:44 AM ET

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[JURIST] The Human Rights Ombudsman [backgrounder] in Russia, Vladimir Lukin [official profile], filed an appeal in a Moscow court on Tuesday following the ruling against Mikhail Khodorkovsky [defense website; JURIST news archive], the former CEO of Yukos, and his business partner Platon Lebedev [JURIST news archive]. Lukin filed the appeal [RIA Novosti report] because the two men were ordered to pay restitution for the same losses twice, once in 2005 and once in 2010. Khodorkovsky and Lebedev are serving prison sentences for fraud, theft and money laundering. Khodorkovsky maintains his innocence and alleges that the charges are retribution for funding opposition parties during the presidency of Vladimir Putin [BBC profile].

Earlier this month, Khodorkovsky and Lebedev had their sentences commuted [JURIST report] by the Moscow City Court from 13 years to 11 years, making both men eligible for release in 2014. In July, a senior Russian judge ordered [JURIST report] a court to review Khodorkovsky's appeal. Opposition leaders and other groups have expressed skepticism concerning the validity of the conviction and many believe it was politically motivated. In 2010, former Russian Prime Minister Mikhail Kasyanov [BBC profile] testified [JURIST report] before the Khamovnichesky District Court and stated that Khodorkovsky's arrest was ordered by Vladimir Putin for political reasons.




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Federal judge denies Planned Parenthood request to uphold contract with Oklahoma
Daniel Mullen on December 25, 2012 10:40 AM ET

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[JURIST] Judge Stephen Friot of the US District Court for the Western District of Oklahoma [official website] on Monday denied a request from Planned Parenthood of the Heartland [official website] to prevent Oklahoma from terminating its contract with them. Planned Parenthood filed a preliminary injunction after the Oklahoma State Department of Health [official website] notified the organization that it would be ending its contract with the organization [AP report]. At issue is the Women, Infants and Children (WIC) [official website] program which provides federal grants to states for supplemental foods, health care referrals, and nutrition education for low income pregnant women. Planned Parenthood had participated in the Oklahoma WIC for 18 years. Planned Parenthood of the Heartland's President and CEO Jill June released a statement [press release] expressing her disappointment with the decision and explaining that they will be forced to end WIC services on December 31, which may ultimately result in the closing of its health center in West Tulsa. Planned Parenthood alleges that the state decided to terminate the contract because the organization offers abortion services.

Monday's decision is merely the latest in a number of controversies regarding reproductive rights [JURIST backgrounder] in Oklahoma. Earlier this month, the Oklahoma Supreme Court held [JURIST report] that two state laws limiting abortion rights unconstitutionally interfered with patients' and physicians' rights to make decisions regarding medical treatment. In October 2011, an Oklahoma law restricting the use of abortion inducing drugs was temporarily blocked [JURIST report] by a state court. In April 2011, Oklahoma's governor signed [JURIST report] a bill into law which restricts abortions after 20 weeks.




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