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Legal news from Wednesday, December 26, 2012




Bahrain appeals court overturns jail sentences of political protesters
Blake Lynch on December 26, 2012 4:06 PM ET

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[JURIST] Bahraini defense lawyer Mohammed al-Jishi [twitter account, in Arabic] announced that the High Criminal Court of Appeals on Wednesday commuted death sentences for two male protesters to life imprisonment. The men were sentenced for their role in Bahrain's 2011's political uprisings [BBC report] when they allegedly killed two policemen. Two other in the killing had their sentences reduced to 15 years in prison. The court also cut life sentences issued to 13 men for killing a Pakistan citizen during the protests to 15 years in prison. Additionally the court reduced the sentences of 15 people jailed for the protest inspired attempted murder of a Bahraini soldier. Bahrain has been besieged by civil unrest since Shiite groups staged uprisings in February 2011 demanding democratic reform of the Bahrain's Sunni-led monarchy. Thousands of protesters were subsequently arrested and faced strict prison sentences. After facing scrutiny by human rights group, Bahrain has taken steps to address the brutality of its security forces.

Earlier in December, the prison sentence for outspoken Bahraini rights activist Nabeel Rajab was reduced by one year [JURIST report]. Last November, Amnesty International (AI) released a brief [JURIST report] detailing how Bahrain had failed to meet its obligations and promises to ensure respect for human rights and prevent further torture within the country. Last October, the Bahrain appeals court upheld verdicts against two teachers [JURIST report] for organizing a teacher's strike to support anti-government protests. Last September, the daughter of a Bahraini human rights activist was sentenced to two months in prison [JURIST report] for tearing up pictures of the country's king.




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Russia upper house of parliament backs ban on US adoptions
Blake Lynch on December 26, 2012 4:03 PM ET

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[JURIST] Russia's upper house of parliament the Council of Federation [official website] by a vote of 143 to 0 backed a bill on Wednesday prohibiting the adoption of Russian children by American parents. The bill called the Yakovlev initiative [Telegraph report] was named for Dima Yakovlev, a US adopted Russian toddler who died in 2008 in Virginia. The White House expressed disapproval over the Yakovlev initiative and issued a statement Tuesday [press release] saying "the US will continue to raise these concerns with the Russian government." The Yakovlev initiative is not limited to US violations. It was amended by the lower house of parliament to be applicable to any nation in violation of Russian rights. President Vladimir Putin is reviewing the bill Wednesday and has the final decision on whether to veto or sign the initiative into a law.

RAPSI, a legal information agency which operates in coordination with Russian courts, reports the Yakovlev initiative was adopted in retaliation [RAPSI report] for the US adoption of the Magnitsky Act [text], which imposes US travel and financial restrictions on human rights abusers in Russia. The bill was named for Sergei Magnitsky [BBC report], a Russian whistle-blower who was arrested on charges of tax fraud and later died in prison [JURIST report]. The legislation comes just months after Russia and the US entered into an agreement [JURIST report] tightening restrictions on international adoptions.




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Egypt president signs new constitution into law
Julie Deisher on December 26, 2012 12:08 PM ET

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[JURIST] President Mohammed Morsi [BBC backgrounder] signed Egypt's new constitution [text, PDF] into law late Tuesday, which was supported by over 63 percent of those who voted in the referendum. However, only 32.9% of Egypt's total of 52 million voters actually participated in the referendum, leading many to debate its results. Egyptian press and commentators are divided over the approval [BBC report] of the new constitution, with some declaring the results to be "fake" [BBC report], and supporters from the Muslim Brotherhood claiming it to be the valid choice of the people. Immediately after the referendum, a coalition of Egyptian rights group called for a redo of the referendum, alleging widespread irregularities [JURIST report].

The final draft of the constitution is backed by the Islamists and has been extremely controversial. Earlier in December, the UN Working Group on discrimination against women [official website] expressed grave concern [JURIST report] over the draft constitution. 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 President Mohammed Morsi and provides some protections for freedom of expression and religion, she noted that these protections were not strong enough.




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Georgia state judge enjoins post-20 week abortion ban
Julie Deisher on December 26, 2012 10:36 AM ET

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[JURIST] A judge for the Superior Court of Fulton County [official website] granted a temporary injunction [PDF] on a law banning doctors from providing abortions for women pregnant beyond 20 weeks. The law in question was Georgia House Bill 954, which would have modified OCGA 16-12-141 [texts] with the changes to become effective January 1, 2013. The enjoined provisions include the prohibition of previability abortion care and the requirement for hospitals or health facilities to provide records to the local district attorney without a warrant. A suit was filed [press release; JURIST report] earlier in December by the American Civil Liberties Union of Georgia (ACLU) [official website] on behalf of three Georgia obstetrician-gynecologists whose patients include women in need of abortions.

Numerous states have changed their abortion laws to restrict the availability of abortion recently, usually leading to legal challenges. Last month, Montana voters passed a referendum [JURIST report] requiring facilities and doctors to inform parents of minors 16 to 48 hours before a planned abortion procedure. Also last month, the US Court of Appeals for the Ninth Circuit [official website] heard oral arguments [JURIST report] on a challenge to Arizona's law which, like Georgia's law, bans abortions after 20 weeks. Planned Parenthood [advocacy website] also sued Texas [JURIST report] in October claiming that its law preventing state funding from going to any clinics affiliated with providing abortions violates another state law.




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