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Legal news from Monday, January 28, 2013




Spain urged to take measures against racism
Sung Un Kim on January 28, 2013 2:28 PM ET

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[JURIST] UN Special Rapporteur Mutuma Ruteere [official website] on Monday urged [press release] the Spanish government at every level to increase its focus on addressing the racial intolerance within its borders. Ruteere noted that a successful campaign against racial discrimination and intolerance would only be achieved by "clear and more visible political leadership in combating racism and xenophobia." The statement came after Ruteere's visit to Spain in which he found that the economic crisis in Spain has been one of the causes for scapegoating vulnerable migrants, asylum seekers and minority groups such as the Roma [AI backgrounder; JURIST news archive]. He also noted that the government should take measures to prevent any reversal of progress in the fight against racism and warned the government that failure to combat racial discrimination may result in violence against the affected groups. The minority groups now attacked have been subject to high rate of unemployment, housing challenges and violence. The expert called the government to address the working and living conditions of the migrants by finding comprehensive, long-term solutions.

Racial discrimination, xenophobia and other related intolerance are problems affecting not only Spain but also other countries around the globe. In July Ruteere called on the international community [JURIST report] to be wary of signs of racism that could lead to escalated conflicts and human rights violations. In April the UN Committee on the Elimination of Racial Discrimination (CERD) [official website] published [JURIST report] an opinion that Danish authorities failed to examine possible racist motivations behind an attack on an Iraqi refugee family in Denmark in 2004. Iraqi-born Mahali Dawas, his wife and eight children were attacked in June 2004 in their home in Denmark by up to 35 Danish young people who beat Dawas and his son, damaged the home and shouted racist phrases at the family. In the same month, Statistics Canada [official website] reported that both the number and rate of police-reported hate crimes declined [JURIST report] in 2010 by 18 percent from the previous year. Significantly, the reported crimes stemming from race or ethnicity decreased by 20 percent while those motivated by religion decreased by 17 percent. More than half of all reported hate crimes, however, were found to be motivated by race. During the same week, a group of minorities in France filed a lawsuit alleging police searches are conducted on the basis of racial profiling [JURIST report], according to a statement made by their lawyers and the Open Society Justice Initiative (OSJI) [advocacy website]. The suit alleged that French police unfairly single out minority race individuals for searches and identification checks. Earlier this month, a three-judge panel of the US Court of Appeals for the Ninth Circuit [official website] supported a ban on affirmative action [JURIST report] by upholding a 1996 amendment to the California Constitution that bars preferential treatment for "any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting."




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UN rights experts urge Iran not to execute Ahwazi activists
Sung Un Kim on January 28, 2013 1:57 PM ET

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[JURIST] A group of independent UN human rights experts on Friday urged Iran to stop the execution [press release] of five Ahwazi activists. UN Special Rapporteur on the situation of human rights in the Islamic Republic of Iran Ahmed Shaheed [official website] stated that the execution of Mohammad Ali Amouri, Sayed Jaber Alboshoka, Sayed Mokhtar Alboshoka, Hashem Shabain Amouri and Hadi Rashidi is unacceptable. They have been sentenced on charges of enmity against God, corruption on earth and causing propaganda against the government. He reasoned that individuals should not be sentenced to death "for exercising their rights to freedom of peaceful assembly, association, opinion and expression, and affiliation to minority groups and to cultural institutions." Another expert stressed that because Iran is a party to the International Covenant on Civil and Political Rights [text], the Iranian government is obligated to respect the rights it is currently infringing upon. The statement came amid a ruling by the Supreme Court of Iran upholding the death sentences against the five individuals. The activists were arrested in 2011, and there have been allegations that they were subject to torture and other ill-treatment while in detention.

Iran's human rights record has been under international scrutiny. In October Shaheed stated in a report to the UN General Assembly that the Iranian government is torturing human rights activists [JURIST report] and threatening the activists' families with rape or death. In the same month the UN Office of the High Commissioner for Human Rights (OHCHR) [official website] urged the country to halt all executions [JURIST report] because the government had failed to provide the accused with fair trials and due process of law. In June three UN Special Rapporteurs condemned [JURIST report] Iran for executing four members of the Ahwazi Arab minority without providing them fair trials. The three UN Special Rapporteurs further stated that there is no transparency to Iranian court proceedings and that the death penalty should be reserved for only the most serious of crimes. In November 2011 the UN Human Rights Committee [official website] expressed concern [JURIST report] about the protection of individuals' rights in Iran, including the frequency of the use of the death penalty. In January 2011, the International Campaign for Human Rights in Iran claimed that Iran is on an "execution binge" [JURIST report], killing one prisoner every eight hours.




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Philippines legislature ratifies bill granting compensation for rights abuses
Peter Snyder on January 28, 2013 12:05 PM ET

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[JURIST] The Philippines House of Representatives and Senate [official websites] on Monday ratified the bicameral conference committee report on the newly reconciled version of the Human Rights Victims Reparation and Recognition Act of 2013 [text, PDF]. The Congress on Thursday approved the bill [JURIST report] allocating 10 billion pesos (USD $246 million) for the victims of human rights abuses committed by the regime of former president Ferdinand Marcos [JURIST news archive]. Approximately 10,000 people can claim compensation based on abuses that took place between when Marcos instated martial law in 1972 until he was overthrown in 1986. Under the new bill a nine-member compensation board appointed by [GMA report] President Benigno Aquino III [official website], comprised of members a number of Filipino human rights, will evaluate claims of human rights victims and award reparations to those who qualify.

The Philippines has struggled in terms of addressing human rights issues from the Marcos regime to as recently as the 2009 Maguindanao Massacre [CSM backgrounder; JURIST news archive] and the resulting political controversies. Earlier this month a 150-day ban on guns [JURIST report] was instituted to prevent election violence. In December the Philippine Congress officially criminalized [JURIST report] enforced disappearances, which were commonly used during the Marcos era. In November Amnesty International [advocacy website] called on the Philippines to do more to protect witnesses [JURIST report] in the Maguindanao Massacre trial. Also in November the Philippines Supreme Court [official website] denied the media [JURIST report] the right to broadcast the Maguindanao massacre trial.




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Egypt declares state of emergency, gives military power of arrest
Benjamin Minegar on January 28, 2013 11:38 AM ET

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[JURIST] Egyptian President Mohamed Morsi [BBC profile; JURIST news archive] on Sunday declared a state of emergency in an attempt to quell growing unrest and violent political protest in cities along the Suez Canal including Port Said, Ismailia and Suez. Clashes between Islamic and liberal factions have resulted in hundreds of injuries and at least 50 deaths since last Thursday. The Egyptian cabinet responded Monday by approving legislation [BBC report] that gives already-deployed military personnel the authority and mandate to arrest and detain alleged instigators upon the president's order. Reports indicate that arrestees will still have access to the judicial system. Protests stem from divided loyalty over Morsi's Islamic political predisposition. Liberal factions have reportedly claimed that Morsi's policies seek to supplant democratic ideals underpinning the Egyptian Revolution [JURIST backgrounder] while Islamic factions assert that liberals seek to undermine the revolution by violently overthrowing the nation's first democratically elected president. Nationwide unrest has reportedly compounded since an Egyptian court handed down 21 death penalties [JURIST report] on Saturday for a 2012 soccer riot that resulted in 74 deaths and thousands of injuries. According to media sources, military personnel will oversee the state of emergency by enforcing strict nightly curfews for one month, but many Egyptian citizens have already allegedly asserted their plans to defy the military rule [Reuters report].

Egypt has been plagued by protests and violence since the beginning of the Egyptian Revolution two years ago. Last week, an Egyptian rights group reported [JURIST report] that police abuse and torture continue to be ongoing issues and that police conduct has not improved since the abuses faced under the old regime. In December, Egypt's Supreme Constitutional Court indefinitely halted operations [JURIST report] amid pressure from protestors aiming to block judges from meeting to rule on the validity of the country's new constitution. Supporters of Morsi flooded the court and blocked the judges from entering to hear a case that would permit them to dissolve the constituent assembly that drafted the new constitution. Protests have increased since Morsi signed Egypt's new constitution [JURIST report] into law in December. Only 32.9 percent of Egypt's total of 52 million voters actually participated in the referendum, leading many to debate its results.




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Illinois governor signs bill allowing illegal immigrant driver's licenses
Alison Sacriponte on January 28, 2013 11:27 AM ET

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[JURIST] Illinois Governor Pat Quinn [official website] signed a bill [SB 0957 text, PDF] on Sunday that will permit immigrants in the country illegally to obtain temporary driver's licenses if they can provide proof of one-year state residence and an unexpired passport from their country of citizenship or a valid unexpired consular identification document and a photograph. The bill will allow potential licensees to take both written and driving tests and would require them to have proof of auto insurance, which proponents advocate is a public safety measure. The licenses will last for three years and cannot be used for the purchase of firearms, to vote or to board a plane. The Illinois secretary of state's office estimates it will begin issuing licenses [Chicago Tribune report] in about 10 months. Critics argued that the process is open to abuse, but Quinn praised the bipartisanship effort [press release] to pass the bill and stated that it would save lives and money by helping to ensure that immigrant motorists had passed a driving safety test.

The Illinois House approved the bill [JURIST report] in early January after it was approved by the Senate last December. California Governor Jerry Brown signed [JURIST report] a similar bill in October, which directed California's Department of Motor Vehicles to issue driver's licenses to people who do not have a social security number but can prove they are authorized to be in the US under federal law. In contrast, Arizona Governor Jan Brewer [official website] issued an executive order [JURIST report] in August that instructs state agencies not to provide driver's licenses and other public benefits to undocumented immigrants who have gained the right to work under the new federal program known as Deferred Action [DHS memorandum; JURIST report]. The American Civil Liberties Union (ACLU) [advocacy website] has filed a lawsuit challenging the order [JURIST report].




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Argentina, Iran create commission to investigate 1994 community center bombing
Dan Taglioli on January 28, 2013 11:20 AM ET

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[JURIST] Argentina signed an agreement with Iran on Sunday to create an independent Commission of Truth to investigate the 1994 bombing of the Buenos Aires Jewish community center. Argentinian courts have accused Iran of sponsoring the attack [Reuters report], which killed 85 people, and in 2007 Argentinian authorities secured Interpol arrest warrants for five Iranians, including current Iranian Defense Minister Gen. Ahmad Vahidi. Despite strong objections by Israel, the US and the Argentinian Jewish community, Argentina Foreign Minister Hector Timerman, who is Jewish, and his Iranian counterpart Ali Akbar Salehi have been involved in a series of bilateral talks that began with their first meeting at the UN headquarters in New York in September. At a meeting in Ethiopia during an African Union summit, the two foreign ministers culminated their talks with the signing of a memorandum of understanding, which now needs to be ratified by the national parliament of each country. The agreement will create the independent truth commission, to be made up of five judges who are jointly nominated foreign legal experts having residency in neither Argentina nor Iran. The commission is to conduct an investigation and prepare a report with recommendations on how to proceed with the case based on the laws of each country and within the framework of international law. As part of the compact Argentinian authorities will be permitted to question the Iranian suspects [JTA report] under Interpol arrest warrants, but only in Tehran. Iran rejected Argentina's proposal to put its accused citizens on trial in a neutral country in 2010. Argentinian President Cristina Fernandez [official website, in Spanish] hailed the agreement [press release, in Spanish] as a historic guarantee of due process. Argentina is home to Latin America's largest Jewish community.

Earlier this week Iran drew additional ire from the US when an Iranian court sentenced an American-Iranian pastor to eight years in prison [JURIST report] for threatening national security through his leadership in Christian house churches. Earlier this month Iranian lawyer and prominent human rights activist Nasrin Sotoudeh [JURIST news archive] was temporarily released after spending over two years in prison [JURIST report] in Tehran for her September 2010 conviction for propaganda and harming national security. Iranian authorities pursued Sotoudeh because she represented political activists and sought to highlight the execution of juveniles in the country. Last month Argentina sentenced former Interior Minister Jaime Smart to life in prison for crimes against humanity [JURIST report] during the nation's 1976-1983 "Dirty War" [GlobalSecurity backgrounder; JURIST news archive]. In July Argentina's Poder Judicial de la Nacion sentenced two former Argentine dictators [JURIST report] to a total of 65 years in prison for their involvement in the systematic kidnapping of babies from leftist activists detained and killed during the "Dirty War."




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Defense lawyers seek to preserve prisons as evidence in 9/11 trial
Sarah Posner on January 28, 2013 11:09 AM ET

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[JURIST] Defense lawyers for the five accused 9/11 [JURIST backgrounder] conspirators petitioned a US military judge at Guantanamo Bay [JURIST backgrounder] on Monday to preserve the prisons where the defendants were held as evidence. The defendants claim that they were tortured [Reuters report] during their time held in secret CIA prisons. This is one of the many issues that are set to be litigated when pretrial hearings begin Monday at the war crimes tribunal taking place at the Guantanamo Bay US Naval Base in Cuba. Khalid Shaikh Mohammed [JURIST news archive], who is accused of planning the 9/11 plane attacks, is among the defendants set to stand trial. Lawyers for the defendants have requested documents from the White House and Department of Justice (DOJ) that authorize the Central Intelligence Agency (CIA) to move suspected al Qaeda [JURIST news archive] members across borders after the 9/11 attacks and keep them in secret prisons for interrogations. Defense lawyers plan to argue that the defendants were subjected to illegal pre-trial punishment. The prosecution maintains that it will not be using any information in trial that was obtained through torture or other techniques that violate US and international law.

Last week the US Department of Defense (DOD) announced that it will not withdraw charges of conspiracy [JURIST report] against the five accused plotters of the 9/11 terrorist attacks. Earlier in January the chief US military judge at Guantanamo Bay denied [JURIST report] defense motions filed in both the 9/11 military commission trial and the 2000 USS Cole [Navy backgrounder] bombing trial. Defense counsel for accused 9/11 conspirators filed a motion requesting that the court find that the US constitution was "presumed to apply" in the proceedings, and that the prosecution must bear the burden of proving that any particular provision did not apply. Colonel James Pohl ruled that the request presented a nonjusticiable issue because the Commission cannot rule on hypothetical legal questions that do not aver "real and substantial controversy admitting of specific relief" relating to actual historical fact. In a separate case, counsel for accused USS Cole bomber, Abd al-Rahim al-Nashiri [JURIST news archive] filed a motion to dismiss alleged violations of the Military Commissions Act in August 2012 on grounds that the bombing occurred "prior to the commencement of hostilities" between the US and al Qaeda.




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Moscow court postpones posthumous hearing for Russia whistleblower
Sarah Posner on January 28, 2013 10:32 AM ET

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[JURIST] A Moscow court on Monday postponed the preliminary hearing for the posthumous trial of Russian whistleblower Sergei Magnitsky. Magnitsky's defense lawyer was appointed by the court after his family and lawyers refused to attend the trial, claiming the charges against Magnitsky were politically motivated [Reuters report]. Magnitsky was jailed on tax evasion and fraud charges. He died while in jail in 2009, with relatives claiming that he did not receive adequate treatment for his poor health. Russian authorities maintain that Magnitsky died from a hearth attack. The court postponed Magnitsky's hearing to February 18 after his defense lawyers failed to appear in court on Monday.

In December, a Moscow court acquitted [JURIST report] prison doctor Dmitry Kratov of all charges stemming from Magnitsky's. A Russian judge found that there was no evidence showing a causal link between Kratov's negligence and Magnitsky's death. Kratov was the head of medical services at Butyrka Prison, where Magnitsky died from untreated pancreatitis. An investigation conducted by Russia's Presidential Council on Human Rights concluded [JURIST report] that in addition to being denied medical treatment Magnitsky had been severely beaten during his year long pretrial incarceration. Kratov was accused of negligence for allegedly refusing to respond to repeated requests by Magnitsky to treat his life-threatening condition. Magnitsky's death while in custody has caused a rift in Russia's relationship with the US.




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Iran court sentences US pastor to eight years in prison
Dan Taglioli on January 28, 2013 9:48 AM ET

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[JURIST] A branch of the Islamic Revolutionary Court of Iran on Sunday sentenced an American-Iranian pastor to eight years in prison for threatening national security through his leadership in Christian house churches. Saeed Abedini, 32, became a US citizen through marriage [Reuters report] in 2010 and has been traveling between the US and Iran since he was ordained a minister through the American Evangelistic Association [advocacy website] in 2008. This summer Iranian authorities placed Abedini on house arrest, then in September sent him to prison where he was beaten and tortured, according to the American Center for Law and Justice (ACLJ) [advocacy website], which is representing Abedini's wife and two children in the US. Judge Pir-Abassi convicted and sentenced [ACLJ report] Abedini after allowing his lawyer one day in court to put on a defense, which was also the only day of the trial Abedini and his lawyer were permitted to attend. The evidence provided by the prosecution was of Abedini's Christian activities in the early 2000s, when house churches were not perceived as such a threat to Iran's national security. Prior to the announcing of the verdict the US State Department [official website] condemned [press release] "Iran's continued violation of the universal rights of freedom of religion" and called on the Iranian authorities to respect Adebini's human rights and release him.

Abedini is only the most recent human rights advocate to be imprisoned by Iran for threatening national security. Earlier this month Iranian lawyer and prominent human rights activist Nasrin Sotoudeh [JURIST news archive] was temporarily released after spending over two years in prison [JURIST report] in Tehran for her September 2010 conviction for propaganda and harming national security. Iranian authorities pursued Sotoudeh because she represented political activists and sought to highlight the execution of juveniles in the country. In December Sotoudeh ended a 49-day hunger strike [JURIST report] in protest of her prison conditions and a travel ban imposed on her family. UN High Commissioner for Human Rights Navi Pillay had expressed concern for Sotoudeh's deteriorating health and urged the Iranian government to lift the travel ban, saying the ban was not justified by international law. After judicial authorities agreed to lift the travel ban on Sotoudeh's daughter, Sotoudeh ended her strike. Sotoudeh was sentenced in January 2011 to 11 years in prison after being found guilty of "acting against national security" and "making propaganda against the system" for which she will serve five and one years, respectively.




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