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Legal news from Friday, February 1, 2013




UN urges Russia lawmakers to reject bill banning promotion of homosexuality
Benjamin Minegar on February 1, 2013 12:07 PM ET

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[JURIST] A group of UN human rights experts on Friday urged [press release] Russian lawmakers to reject proposed legislation banning the dissemination of homosexual "propaganda" to minors. Independent experts joined with UN Special Rapporteurs on freedom of expression, human rights defense, cultural rights and the right to health to caution legislators in the Russian State Duma [official website, in Russian] that the proposed law has the potential to subvert fundamental human rights to freedom of expression by specifically targeting and restricting the activity of "lesbian, gay, bisexual, transgender and intersex people." Experts portend that the bill's broad scope will lead to judicial constructions that "unduly restrict" and stigmatize the efforts of those advocating for LGBT rights in an already "difficult environment." Special Rapporteur on the right to health, Anand Grover [official website], specifically challenged the bill's inclusion of children in asserting that broad constructions may extend to programs promoting sexual and reproductive health among the LGBT community and may prevent children from accessing information that could help to "safeguard" mental and physical health. Lawmakers approved the first reading [JURIST report] of the bill in January, but it is slated to go before lawmakers for two more readings before a final vote. UN experts urged lawmakers to reject the bill while "the window is still open."

Russian lawmakers introduced the bill [JURIST report] in March. The proposed legislation calls for fines of up to 500,000 rubles (USD $16,500) for promoting the homosexual lifestyle and appears to be aimed at media outlets which lawmakers blame for "promoting gay lifestyles as 'normal behavior.'" Earlier that month, the City Hall of St. Petersburg in Russia announced that the city's governor signed into law [JURIST report] a similar bill that would impose fines against people convicted of promoting homosexuality, including gays or lesbians who are open about their sexuality. The St. Petersburg bill was introduced in November 2011 [JURIST report], and sponsors claim it is necessary because homosexual propaganda "threatens" Russia and "sexual deviation" negatively impacts Russian children. Several advocacy groups has challenged the bills as discriminatory. In January, Human Rights Watch called on authorities to veto the Moscow legislation [JURIST report], which they called a "discriminatory and dangerous initiative." However, Russian legal scholars have asserted that the Russian Constitution may allow limitations to be placed on the rights of homosexuals due to the constitutional ability to balance the interests of society and limit rights of a social group if they infringe upon the rights of another social group.




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Obama administration allows religious nonprofits to opt out of birth control coverage
Samuel Franklin on February 1, 2013 12:05 PM ET

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[JURIST] The Obama administration [official website] issued a new rule [text] on Friday detailing a broader exemption to the contraception mandate, allowing for religious nonprofits that object to providing health insurance coverage for birth control to opt out of the requirement. The Patient Protection and Affordable Care Act (PPACA) [text, JURIST backgrounder], enacted in 2010, requires employer-provided health care [Bloomberg report] to cover government-recommended preventive services, including birth control pills and sterilization procedures, without co-payments. Since the Act's conception, the Obama administration has been faced with numerous lawsuits [Huffington Post report] from private companies as well as state Attorney Generals' Offices [JURIST report]. According to Health and Human Services (HSS) [official website] Secretary Kathleen Sebelius [official profile], the new regulation [HHS press release] is an effort to provide women with cost-free coverage of recommended preventive care while respecting religious concerns. The rule, jointly-issued by Departments of the Treasury, Labor and HHS, states
[T]he rule would amend the criteria for the religious employer exemption to ensure that an otherwise exempt employer plan is not disqualified because the employer's purposes extend beyond the inculcation of religious values or because the employer serves or hires people of different religious faiths. [Also], the rule would establish accommodations for health coverage established or maintained by eligible organizations, or arranged by eligible organizations that are religious institutions of higher education, with religious objections to contraceptive coverage.
Under these accommodations, a religious nonprofit would not have to contract, arrange, pay or refer for any contraceptive coverage to which they object on religious grounds.

In December the US Court of Appeals for the Seventh Circuit [official website] temporarily enjoined [JURIST report] the enforcement of the PPACA's contraception mandate for an Illinois construction company, serving as the first time that a federal court had done so for a company operated by strongly religious owners. This ruling came on the heels of several businesses, including Hobby Lobby, Inc. and Mardel, Inc. [corporate websites], refusing to comply with a US Supreme Court [official website] order denying an injunction [JURIST reports] against the contraceptive coverage mandate. In June the Supreme Court upheld [JURIST report] PPACA, focusing on the "individual mandate" provision [text] of the act which requires every person, with some exceptions for religious and other reasons, to purchase some form of health insurance by January 1, 2014, or be subject to a fee equal to either a percent of that individual's income or flat rate of $695.




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Bahrain police officer sentenced to 7 years for killing protester
Sarah Paulsworth on February 1, 2013 10:46 AM ET

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[JURIST] A police officer in Bahrain has been sentenced to seven years of imprisonment [BNA report, in Arabic] for fatally shooting a protester during pro-democracy protests that gripped country in February 2011, according to Bahrain's State News Agency (BNA). Lead Prosecutor for the Special Investigation Unit Nawaf Abdullah Hamza told BNA that a criminal court in Bahrain determined the policeman fired the shot that killed Ali Abdul al-Mushaima. Al-Mushaima was the first protester to die [Reuters report] in the 2011 unrest. After the death of Al-Mushaima and protester Fadhel Salman Matrook, Bahrain's King Hamad bin Isa Al Khalifa ordered an independent investigation [JURIST report] into the use of force against protesters. The independent commission released its report at the end of November 2011, and one week later the King ordered a special commission to convene [JURIST reports] to follow up on the findings of the independent investigation into the violent crackdown on protesters.

Bahrain has imprisoned numerous activists in the wake of the 2011 protests and banned all protests [JURIST report] effective October 2012. In January a court in Bahrain released [JURIST report] human rights activist Sayed Yousif Al-Muhafda on bail pending trial for charges of spreading false news to harm security. Also in January the highest Bahraini appellate court upheld the convictions [JURIST report] of 13 prominent pro-democracy protestors convicted by military tribunal in 2011 on charges of plotting to overthrow the monarchy. In December Bahrain's High Criminal Court of Appeals commuted death sentences [JURIST report] for two protesters, instead sentencing them to life imprisonment. Earlier in December the prison sentence for outspoken Bahraini rights activist Nabeel Rajab was reduced by one year [JURIST report]. In November Amnesty International released a brief detailing how Bahrain had failed to meet its obligations [JURIST report] and promises to ensure respect for human rights and prevent further torture within the country. In October the Bahrain appeals court upheld verdicts against two teachers [JURIST report] for organizing a teacher's strike to support anti-government protests. Earlier in October the Bahrain Court of Cassation upheld jail sentences [JURIST report] issued to nine medics convicted for their involvement in Bahrain's pro-democracy uprising in February and March of 2011.




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UN women's rights chief denounces rising violence against women in Egypt
Max Slater on February 1, 2013 10:21 AM ET

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[JURIST] The UN top women's rights advocate on Friday denounced escalating violence against women in Egypt [statement]. Michelle Bachelet [official profile], the Executive Director of UN Women [advocacy website] expressed particular concern about a recent protest in Tahrir Square in downtown Cairo, in which 25 women were reportedly sexually assaulted [UN News Centre report]. In her statement, Bachelet urged Egypt's government to enact legislation to ensure that women and girls are protected from violence:
UN Women calls upon the Government and people of Egypt to take a firm stand against all forms of violence against women and girls, and to promote human rights for all, including the rights of women to live free of violence and discrimination and to participate fully in social, economic and political life.
Earlier this week UN High Commissioner for Human Rights Navi Pillay [official profile] deplored the sexual violence [press release] that occurred in Tahrir Square.

Violence against women has been a long-standing issue around the world. Last month UN Secretary-General Ban Ki-moon urged India's government [JURIST report] to strengthen critical services for rape victims, expressing sympathy for the family of the 23-year-old medical student who died from injuries sustained in a gang-rape in December. Police in New Delhi charged six men [JURIST report] with rape and murder of the woman. In December the UN released a report declaring that women in Afghanistan [JURIST report] are still suffering abuse at the hands of men. In November the UN urged countries to implement policies that will end violence against women [JURIST report]. Also in November the Third Committee of the UN General Assembly approved a resolution calling for a global ban on female genital mutilation [JURIST report]. At the same time, Human Rights Watch [advocacy website] released a report detailing violence and obstacles women are facing in Colombia [JURIST report], where the legal framework is often not properly applied despite the government's progress in enacting legislation to protect violence against women.




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UN human rights office seeking $130.4 million in donations
Sarah Paulsworth on February 1, 2013 9:36 AM ET

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[JURIST] The UN Office of the High Commissioner for Human Rights (OHCHR) [official website] is seeking USD $130.4 million in donations to compensate for a budget shortfall that has been ongoing for three years, according to a recent statement [text] by High Commissioner for Human Rights Navi Pillay [official profile]. "Our budget for 2013 has already been reduced by 12 percent—some US $17 million—to cope with the lack of funds," Pillay said on Thursday. "As a result, 46 posts have been cut or frozen, a decision which will affect our ability to respond to ongoing challenges, such as discrimination, climate change, HIV-related issues, protection of human rights defenders and support for various key human rights bodies." In her statement, Pillay also noted this year marks the twentieth anniversary of the OHCHR's work and presented the OHCHR's Annual Appeal [UN materials], which describes the Office's budget and planned activities for this year. According to this document, "In recent years, voluntary contributions to [Pillay's] Office have stagnated at around US $110 million. Yet requests for [the Office's] assistance, from governments, civil society and the international community at large, continue to grow."

Recently the OHCHR, among other work, has released a statement on the turmoil in Mail, and expressed concern about the ongoing violence in Syria and Colombia's proposed constitutional reform to their military justice system [JURIST reports]. According to the OHCHR's Annual Report for 2011 [text, PDF], the OHCHR had 58 field presences: 13 country/stand-alone offices, 15 human rights components of peace missions, 12 regional offices and 18 human rights advisers within United Nations Country Teams (UNCTs). OHCHR's 2012 report will be available in May 2013.




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Arkansas senate approves bill banning abortions after fetal heartbeat detected
Max Slater on February 1, 2013 9:28 AM ET

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[JURIST] The Arkansas Senate [official website] approved a bill [SB 134, PDF] by a vote of 26-8 on Thursday that would prohibit abortions after the first fetal heartbeat is detected, which could be as early as five weeks into the pregnancy. The bill, known as the Human Heartbeat Protection Act, would also require women to undergo a vaginal probe to detect a heartbeat. Planned Parenthood [advocacy website] announced its opposition to the bill, contending [Reuters report] that women should be able to make their own decisions about their pregnancies without interference from politicians. However, the bill's lead sponsor, Senator Jason Rapert [official profile] declared that the Human Heartbeat Protection Act was necessary to protect the unborn:
It is found and determined by the General Assembly of the State of Arkansas that abortions are currently being performed in Arkansas on unborn children with detectable heartbeats; and that this act is immediately necessary because to protect the lives of unborn children with detectable heartbeats.
The bill will now go to the Republican-controlled Arkansas House of Representatives [official website].

Numerous states have changed their abortion laws to restrict the availability of abortion recently, usually leading to legal challenges. In December a state judge in Georgia enjoined a law [JURIST report] banning doctors from providing abortions for women pregnant beyond 20 weeks. In November 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 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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HRW urges Mali to investigate summary executions
Sarah Posner on February 1, 2013 9:07 AM ET

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[JURIST] Human Rights Watch (HRW) [advocacy website] called Thursday for an investigation into summary executions [press release] by Mali forces backed by the French. HRW alleges that the Malian government has summarily executed 13 suspected Islamist supporters and forcibly disappeared an additional five. The executions by Malian authorities came after Islamist armed groups reportedly executed seven Malian forces and used children to fight in combat. HRW alleged that despite the fact that Malian authorities arrested and executed Islamist forces in public, the military is denying any knowledge of the killings. HRW urged the Malian government to investigate these killings and forced disappearances and bring the individuals who participated in these abuses to justice. These alleged abuses took place when the Islamist rebels lead an offensive against Konna starting on January 9.

Earlier this week International Criminal Court (ICC) Chief Prosecutor Fatou Bensouda [official profile] warned [JURIST report] the Malian government over reports of human rights abuses by Malian forces. In the statement, Bensouda urged Malian authorities to put an immediate stop to the alleged abuses and to investigate and prosecute those responsible. Bensouda announced last week that her office has launched an investigation [JURIST report] into possible war crimes committed in Mali. Mali has drawn increased international scrutiny recently regarding political violence and alleged human rights abuses. Last week the UN Office of the High Commissioner for Human Rights (OHCHR) issued a report saying that the tumultuous situation in Mali has led to human rights violations [JURIST report]. Earlier in January the interim president declared a state of emergency [JURIST report].




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Federal appeals court rejects Apple request to block Samsung sales
Sarah Posner on February 1, 2013 8:17 AM ET

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[JURIST] The US Court of Appeals for the Federal Circuit [official website] on Thursday rejected a request by Apple to ban sales of the Samsung [corporate websites] Galaxy Nexus smartphone based on allegations of willful patent infringements. The Federal Circuit rejected [Reuters report] Apple's request to have the entire court reconsider imposing a ban Samsung's smartphone before trial commences in March 2014. Apple sought a reversal of an earlier ruling [JURIST report] by a three-judge panel in favor of Samsung. The Federal Circuit declined to reconsider the case without explanation.

On Wednesday, the US District Court for the Northern District of California ruled [JURIST report] that Samsung did not willfully infringe Apple patents. If Samsung was found to have willfully infringed Apple's patents, the $1.05 billion jury verdict [JURIST report] against it could have been increased up to triple that amount [35 USC § 284 text]. The judge's ruling partially abrogates the jury verdict, which had found that Samsung willfully infringed five of Apple's seven asserted patents. Last month Apple agreed to withdraw claims [JURIST report] against a Samsung product that Samsung asserts has never been sold in the US in the second of the two patent infringement cases [case materials] taking place in the US District Court for the Northern District of California.




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Military judge orders stop to 9/11 hearing censoring
Sung Un Kim on February 1, 2013 7:35 AM ET

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[JURIST] A military judge on Thursday ordered the removal of any monitoring system that censors the public broadcast of the 9/11 [JURIST backgrounder] military commission hearings. The chief US military judge at Guantanamo Bay [JURIST backgrounder] Colonel James Pohl noted that only he and the court security officer have the authority [Reuters report] to turn on or off the light that would make the courtroom closed to public. A few minutes of Monday's pretrial hearing in the case against Khalid Shaikh Mohammed [JURIST news archive] and four other co-defendants were cut from the closed-circuit broadcast. Pohl held that the censoring was not based on any legitimate reasons because the information withheld was not secret in nature. The order came a day after the US Department of Defense [official website] released an excerpt of the transcript [text, PDF] from the missing few minutes based on another order issued on Tuesday. The transcript included an objection by the defense lawyer for the proceedings to be closed "because they deal with preservation of evidence of a detention facility." He argued that this was crucial for his client. During the discussions, the red light went on indicating that the courtroom was closed. However, it appeared that neither Pohl nor the security officer were responsible for it. Pohl said that there would be a meeting about who has the authority to turn on or off the light if "some external body is turning the commission off under their own view of what things ought to be, with no reasonable explanation." It was stipulated [NYT report] that the detention facility was referring to secret prisons in Romania and Thailand where the Central Intelligence Agency (CIA) [official website] held 9/11 defendants. The hearings adjourned on Thursday and will resume on February 11 in which it will be decided whether to halt further hearings until an alleged eavesdropping on defense attorneys' conversations is investigated.

Controversy continues to surround Guantanamo military trials. Earlier this month Pohl denied [JURIST report] a defense motion requesting a finding 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. Last month a US military judge upheld [JURIST report] a request to censor 9/11 conspirators' testimony. In September a judge for the US District Court for the District of Columbia rejected [JURIST report] new restrictions on lawyers representing Guantanamo Bay detainees who have had their habeas corpus challenges denied or dismissed. The Department of Defense announced in 2011 that it had sworn charges against the five men [JURIST report] accused in the 9/11 attacks. In April 2011 US Attorney General Eric Holder announced that Khalid Sheikh Mohammed and the four others would be tried by a military commission [JURIST report] after the Obama administration abandoned attempts to have the 9/11 suspects tried in civilian courts.




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