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Legal news from Monday, January 7, 2013




Supreme Court denies challenge to funding of embryonic stem cell research
Julia Zebley on January 7, 2013 10:26 PM ET

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[JURIST] The US Supreme Court [official website] denied certiorari [order list, PDF] Monday in Sherley v. Sebelius [docket; cert. petition, PDF], which appealed a dismissal of a lawsuit [JURIST report] challenging the federal funding of human embryonic stem cell [JURIST news archive] research. The petition questioned President Barack Obama's executive order [text; JURIST report] in 2009 that removed the previous administration's eight-year restriction on federal funding for human embryonic stem cell research. The court denied certiorari without comment. The Coalition for the Advancement of Medical Research [advocacy website] praised [press release] the denial: "This is a victory for scientists, patients, and the entire biomedical research community. Science can now continue to move forward, knowing the threat to promising research and funding has been eliminated."

The court also declined to hear several other cases. The court refused to consider The Real Truth About Abortion, Inc. v. Federal Election Commission (FEC) [docket], a case on the vagueness of FEC regulations that require political action committees (PACs) to publicly disclose its finances. The court also rejected Hall v. Sebelius [docket], an attempt of a group of citizens to enroll in Social Security but not Medicare Part A. The court also denied GeorgiaCarry.Org, Inc. v. Georgia [docket], which challenged a Georgia statute that barred firearms from places of worship.




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Scotland to extradite Basque separatist to France
Peter Snyder on January 7, 2013 3:19 PM ET

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[JURIST] A Scottish court on Monday granted a request to extradite an alleged member of the Basque separatist group Euskadi Ta Askatasuna (ETA) [Global Security backgrounder; JURIST news archive] to France. Benat Atorrasagasti Ordonez, who had relocated to Scotland in 2001, was sentenced in absentia [BBC report] by a French court in 2008 to five years imprisonment on charges of criminal conspiracy, carrying out acts of terrorism, and recruiting and training members for ETA. Sheriff Alastair Noble of the Edinburgh Sheriff Court [official website] granted [BBC report] the extradition at a hearing on Monday. Ordonez was arrested [JURIST report] in July and has remained in custody of Scottish authorities since. Ordonez faces an additional extradition demand from Spain, which has accused him of being a member of ETA as well as moving men and supplies between France and Spain and gathering reconnaissance on police officers and politicians. Ordonez denies that he is a terrorist and had fought a five-month court battle against both extradition claims before ending his opposition of the French warrant in December. According to the BBC, French authorities have stated that Ordonez can apply for a new trial once he returns to France.

Last year saw a large number of arrests of suspected ETA members throughout Europe. In October the French police [official website, in French] and the Spanish Civil Guard [official website, in Spanish] arrested [JURIST report] Isaskun Lesaka, one of the three suspected leaders of ETA. In 2011 a Spanish court sentenced [JURIST report] a former military leader for the group to 105 years in prison for ordering the murder of a Socialist political leader and his bodyguard. Two months earlier a group of ETA prisoners released a statement [JURIST report] calling for the ETA to stop violence and commit to a truce. In 2010 the Spanish government also accused the Venezuelan government [JURIST report] of aiding ETA members in a plot to kill Colombian government officials in Spain. A Spanish judge also found earlier that year that a member of ETA had attempted three times [JURIST report] to kill Prime Minister Jose Maria Aznar in 2001.




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Bahrain high court rejects appeals of 13 imprisoned rights activists
Dan Taglioli on January 7, 2013 2:12 PM ET

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[JURIST] The highest Bahraini appellate court on Monday upheld the convictions of 13 prominent pro-democracy protestors convicted by military tribunal in 2011 on charges [charges, PDF] of plotting to overthrow the monarchy. Bahrain's Court of Cassation rejected the appeals [AFP report] of the 13 activists, all part of a group of 20 [BYSHR profiles, PDF] convicted by the military National Safety Courts after taking part in Bahrain's 2011 anti-government protests. The seven who did not appeal were convicted in absentia because they were out of the country or in hiding. Of the 20 convicts eight received life sentences [JURIST report], including human rights activist Abdulhadi al-Khawaja [BBC profile; JURIST news archive], who last year demonstrated against his and the other convictions with a 110-day hunger strike [JURIST report]. The ruling of the Court of Cassation is final and cannot be further appealed.

The National Safety Courts, special military tribunals, were instituted in March 2011 under King Hamad bin Isa al-Khalifa's [official profile] three-month state of emergency [JURIST report] and have been internationally criticized, especially by human rights groups [JURIST report] such as Human Rights Watch (HRW) [advocacy website]. In May HRW urged Bahrain to release the remaining prisoners [JURIST report] because the trial violated international fair trial standards in that the convictions were based on apparently coerced confessions and the individuals were merely engaged in peaceful protest. In April a Bahrain appeals court ruled that al-Khawaja and the other protesters would be retried in civilian court [JURIST report], prompting the review by the Court of Cassation. Also in April Amnesty International (AI) issued its own report [JURIST report] alleging human rights violations continue in Bahrain despite reforms. Also that month, four independent UN human rights experts called for al-Khawaja's immediate release [JURIST report].




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China vows to reform forced labor camps
Benjamin Minegar on January 7, 2013 1:42 PM ET

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[JURIST] China's Communist Party Politics and Law Committee head Meng Jianzhu [China Vitae backgrounder] on Monday notified Chinese media sources of the nation's plan to end its 56 year-old "re-education through labor" program [Xinhua report], which authorizes government entities to legally detain citizens for as long as four years without trial. The proposed legislation is pending approval [Reuters report] from China's National People's Congress (NPC) [official website], which meets in March. From 1957 until the present, suspected criminals, religious dissidents and alleged social agitators have been sentenced without trial to work on farms and in factories for up to four years without conviction, access to legal assistance and with limited appeal. According to media sources, China currently detains approximately 160,000 prisoners in more than 300 camps throughout the country. While various humans rights and legal advocacy groups have praised the notion of abolishing forced labor in its entirety, experts and Chinese sources have expressed concern that the government merely intends to reform or replace the system to ensure stability. According to media sources, the proposal would represent the first major social reform by new Communist leader, Xi Jinping [NYT backgrounder], who is expected to take over the nation's presidency in 2013.

China has been known for its strict policy against dissidents. In June a Chinese court quashed the sentence [JURIST report] against a Chinese blogger and former forestry employee for lack of evidence. With the annulment of the sentence, the Chongqing Third Intermediate Court ruled that the one-year detention of Fang Hong in a police-run labor camp was illegal. Also in June dissident artist Ai Weiwei was banned [JURIST report] from attending the first hearing in the case brought by his company, Fake Cultural Development Ltd., against Beijing tax authorities, despite the fact that the Chinese court had agreed to hear [JURIST report] the case in early May. Filming and key witnesses were excluded from the courthouse while other rights activists such as Hu Jia were also barred from attending the hearing. In May the blind Chinese human rights activist Chen Guangcheng asked the US to increase its effort in promoting the rule of law in China a week following his arrival in New York after he left the US embassy [JURIST reports] in early May.




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North Carolina to appeal ruling against 'choose life' license plates
Alison Sacriponte on January 7, 2013 1:02 PM ET

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[JURIST] North Carolina on Friday announced plans to appeal [text, PDF] a ruling finding "Choose Life" license plates unconstitutional. Judge James Fox of the US District Court for the Eastern District of North Carolina [official website] ruled [opinion, PDF] in December that "[t]he State's offering a 'Choose Life' license plate in the absence of a pro-choice alternative constitutes viewpoint discrimination in violation of the First Amendment." With the ruling, he also issued a permanent injunction to ban the production of the controversial license plates. The state plans to appeal to the US Court of Appeals for the Fourth Circuit [official website]. The challenge [JURIST report] was originally brought in September 2011 by the American Civil Liberties Union of North Carolina Legal Foundation (ACLU-NCLF) [advocacy website]. ACLU-NCLF Legal Director Chris Brook commented [press release] in response to the announcement:
It's unfortunate that the state has chosen to prolong what is really a very clear-cut First Amendment issue. The Fourth Circuit Court of Appeals has consistently ruled that any time the government creates an avenue for private speech, it cannot restrict that avenue to only one side of a contentious debate. This case is ultimately about the right of North Carolinians of all political beliefs to have equal access to avenues for the free expression of ideas, and we look forward to making our arguments before the Court of Appeals.
The state's legislature has repeatedly refused license plates for pro-choice proponents, and denied six such amendments proposed to authorize an additional plate with sayings such as "Respect Choice."

Fox struck down the "Choose Life" license plates in December after issuing an injunction [JURIST reports] the previous month. Abortion [JURIST news archive] has remained a controversial issue in North Carolina. In June 2011 the Woman's Right to Know Act [HB 854 materials], which called for a 24-hour waiting period before receiving an abortion and requiring women to view an ultrasound of the fetus prior to the procedure was vetoed [JURIST report] by the state's governor. However, in July both the House and Senate [JURIST reports] voted to override the veto.




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BOA reaches $10 billion settlement with Fannie Mae over faulty lending practices
Dan Taglioli on January 7, 2013 11:20 AM ET

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[JURIST] Bank of America (BOA) on Monday reached a $10.3 billion settlement with Fannie Mae [corporate websites] to settle [press release] claims that Countrywide Financial Corporation [NYT backgrounder], now a BOA subsidiary, employed faulty lending practices on $1.4 trillion in mortgages that were sold to Fannie Mae as investment products from 2000 to 2008. BOA has agreed to pay Fannie Mae $3.55 billion in cash and to repurchase $6.75 billion in outstanding residential mortgage loans, putting to rest a dispute that has lingered since the bottom fell out of the housing market in the 2008 financial crisis. Since that time Fannie Mae and its counterpart Freddie Mac [corporate website] have been pursuing repurchases on such loans that did not meet the firms' lending standards when originated. BOA will fund the settlement agreement through the $2.5 billion in representation and warranty reserves set aside for the fourth quarter of 2012, as well as other cash reserves, and still anticipates a small fourth-quarter profit. The settlement resolves substantially all of the remaining claims against BOA by Fannie Mae. BOA reached a similar agreement with Freddie Mac for $1.4 billion in 2011.

In October US Attorney Preet Bharara [official profile] filed a $1 billion civil lawsuit against BOA [JURIST report] in the US District Court for the Southern District of New York (SDNY) [official website], with similar claims that BOA subsidiary Countrywide Financial committed fraud in originating residential mortgages. In September BOA settled [JURIST report] a $2.43 billion class action lawsuit with investors over their $18.5 billion acquisition of Merrill Lynch. In July BOA agreed to pay $375 million [JURIST report] in a settlement with bond insurer Syncora Guarantee [corporate website] over claims that Syncora was misled into insuring toxic mortgage-backed securities of Countrywide Financial. Also that month a federal judge rejected [JURIST report] a motion by BOA to dismiss a shareholder lawsuit alleging BOA's purposeful concealment of the bank's exposure to billions of dollars in loan repurchase claims and its problematic reliance on an electronic loan registry. In December BOA reached a $315 million settlement of claims brought by investors alleging they were misled with respect to mortgage-backed investments, and a $335 million settlement [JURIST reports] with the Department of Justice, relating to discriminatory lending practices.




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Bangladesh war crimes tribunal rejects retrial plea by Jamaat-e-Islami leader
Sarah Posner on January 7, 2013 10:38 AM ET

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[JURIST] The second International Crimes Tribunal Bangladesh (ICTB) [Facebook page] rejected a plea on Monday from Jamaat-e-Islami (JI) [official website; GlobalSecurity backgrounder] Assistant Secretary General Abdul Quader Molla for a re-trial. Justice Obaidul Hassan of the ICTB rejected [bdnews24 report] the petition for re-trial and ordered the defense to commence with arguments. The prosecution completed its arguments on December 27. The court will return a verdict after the defense completes its arguments. Molla's plea was one of the first ones filed after Chief Justice Nizamul Huq stepped down over a controversy based on a conversation with an academic over skype. Molla is among several leaders of JI on trial for war crimes charges who have petitioned for a new trial, claiming that the trial procedures have been compromised.

Last month Justice Mohammed Nizamul Huq, a judge for the ICTB resigned [JURIST report] from his position. Huq was the chairman of the tribunal's three-judge panel, and is a Justice for the High Court Division of the Supreme Court of Bangladesh [official website]. His resignation followed recent allegations of impropriety. The report indicated that Huq ordered two journalists to appear before to explain how they obtained e-mails and recorded telephone conversations between an outside lawyer and himself. The journalists obtained the information in a wider investigation into the practices of the tribunal, the results of which they have yet to publish. The ICTB was established in 2010 [JURIST report] to handle war crimes charges stemming from the 1971 Bangladesh Liberation War [GlobalSecurity backgrounder].




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Sri Lanka appeals court orders parliament to drop impeachment proceedings
Sarah Posner on January 7, 2013 9:51 AM ET

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[JURIST] The Court of Appeals of Sri Lanka [official website] on Monday ordered parliament to drop the impeachment proceedings against Chief Justice Shirani Bandaranayake, quashing a guilty verdict against her. This decision further fuels the dispute [AP report] between the legislature and the judiciary, and raises international concern [AFP report] over the independence of the country's judiciary. The decision quashed a report by lawmakers last month finding the Chief Justice guilty of financial and professional misconduct, declaring her unfit to be justice. Bandaranayake has denied all of the allegations against her, claiming that she did not receive a fair hearing. Sri Lanka's Bar Association vowed to reject any replacements for the Chief Justice if she is denied a fair hearing. As a result of the Court of Appeals' decision in granting the writ sought by Chief Justice Bandaranayake, the Parliament may not lawfully continue pursuing impeachment proceedings against the Chief Justice.

Last week the Supreme Court of Sri Lanka ruled [JURIST report] that the impeachment proceedings against Bandaranayake were unlawful. The court held that the parliamentary committee does not have the authority to investigate or proceed with the impeachment of a senior judge; these tasks are left to the judiciary. Thus, by stepping into the judiciary's role, the parliament had exercised power beyond its authority, ultimately rendering the entire proceeding unlawful. The parliament had not yet commented on the ruling, but was expected to make an announcement after the debate concerning Bandaranayake's impeachment. The decision came only days after a UN independent expert expressed concern [JURIST report] about the increasing threats and attacks against judges and lawyers who fight for the independence of the judiciary.




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