JURIST Supported by the University of Pittsburgh
PAPER CHASE ARCHIVEDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.
Listen to Paper Chase!


Legal news from Tuesday, February 5, 2013




UN rights experts urge Iran to release detained journalists
Daniel Mullen on February 5, 2013 1:22 PM ET

Photo source or description
[JURIST] A group of UN independent human rights experts on Tuesday urged Iran to end the recent crackdown on journalists [press release] and to release those who have been already been detained. The group includes the Special Rapporteur on freedom of opinion and expression, the Chair-Rapporteur of the Working Group on arbitrary detention, the Special Rapporteur on human rights defenders and the Special Rapporteur on Iran [official websites]. The group called the recent arrests of journalists a "flagrant violation of Iran's obligations under international human rights law." While Iran claims that those detained were collaborating with "anti-revolutionary" entities [UN News Centre report], the UN group is concerned that the crackdown will reinforce self-censorship at a crucial moment for Iran as the 2013 presidential election approaches.

Iran's record on human rights over the past several years has been under international scrutiny. Last month UN rights experts urged [JURIST report] Iran not to execute Ahwazi activists. In October the UN Special Rapporteur for Iran accused the Iranian government of torturing human rights activists [JURIST report]. That same month the UN Office of the High Commissioner for Human Rights [official website] urged Iran to stop all executions [JURIST report] because the government had failed to comply with fair trial and due process guarantees. In June three UN Special Rapporteurs condemned [JURIST report] for executing four members of the Ahwazi Arab minority without providing them with fair trials.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Military judge orders mental health exam for suspected USS Cole bomber
Daniel Mullen on February 5, 2013 12:49 PM ET

Photo source or description
[JURIST] Colonel James Pohl, the military judge presiding over the trial of suspected USS Cole bomber Abd al-Rahim al-Nashiri [JURIST news archive], on Monday ordered a mental health examination for the defendant to determine whether he is competent to stand trial. Nashiri is accused of masterminding the suicide bombing of the USS Cole [BBC backgrounder] in 2000 that left 17 dead and 40 injured. The CIA used enhanced interrogation techniques [Miami Herald report] on Nashiri, including water-boarding, and his defense counsel has claimed that he has post traumatic stress disorder as a result. In response, the government requested [trial transcripts] the examination under Rule 706 of the Manual for Courts-Martial [text, PDF]. However, Pohl will hear expert testimony from Dr. Vincent Iacopino of the University of Minnesota Medical School, a leading expert on the proper methods for examining those who have been tortured, before assembling a three doctor panel to assess Nashiri's mental health.

Monday's ruling came after Pohl refused to halt [JURIST report] further hearing in response to unsubstantiated allegations by defense counsel that the government was eavesdropping on private conversations with their client. Last month, Pohl denied a motion by Nashiri's lawyers to to dismiss the alleged violations of the Military Commissions Act (MCA) [text, PDF] on the grounds that the bombing occurred "prior to the commencement of hostilities" between the US and al Queda. Pohl, who is also presiding over the trial of alleged 9/11 conspirators, approved a request [JURIST report] by the government to censor testimony by the defendants with respect to alleged use of enhanced interrogation techniques.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


UN rights expert urges probe of North Korea
Samuel Franklin on February 5, 2013 12:31 PM ET

Photo source or description
[JURIST] UN Special Rapporteur on North Korea [official website] Marzuki Darusman has urged [text, PDF] the UN Human Rights Council and General Assembly [official websites] to investigate human rights violations in the Democratic People's Republic of Korea. In a report released Tuesday, Darusman noted the accrual of 22 separate reports filed since 2003 documenting various violations of human rights, including torture, arbitrary detention, and enforced disappearances, as well as violations of the rights to food, freedom of expression and movement. The special rapporteur stated that these violations, in conjunction with North Korea's lack of cooperation with the UN and other world organizations, necessitate the establishment of an inquiry mechanism with adequate resources to investigate and more fully document the "grave, systematic and widespread violations of human rights" in the North Korea.

In November Darusman expressed concern [JURIST report] over the lack of development in human rights, calling on the nation's new leader Kim Jong-un to remedy the matter. Last month Human Rights Watch [advocacy website] expressed similar sentiment, calling [JURIST report] on the UN to examine human rights abuses, particularly in light of the drop in individuals escaping into China and reports by successful escapees of increasing crackdown on escape attempts. Days later UN High Commissioner for Human Rights Navi Pillay [official profile] condemned [JURIST report] North Korea's human rights record, calling on the international community to make efforts to improve the situation.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


HRW: war crimes committed by M23 and Congolese forces
Peter Snyder on February 5, 2013 11:49 AM ET

Photo source or description
[JURIST] Human Rights Watch (HRW) [advocacy website] released report [HRW report] on Tuesday detailing numerous war crimes committed by the rebel group 23 March Movement (M23) [JURIST news archive] and Congolese military forces during M23's occupation of Goma in the Democratic Republic of the Congo (DRC) last year. M23 officially withdrew from Goma on December 1 after the Congolese government agreed to negotiations [Reuters report], which are currently ongoing in Uganda. In its report, HRW documented 24 cases of summary executions, 21 of which were civilians, by M23 fighters during its occupation of Goma. In addition, HRW reported that M23 fighters raped at least 36 women, including 18 wives and a 10-year-old girl, and recruited armies by force in violation of the laws of war. On the other hand, the report also states that while the Congolese army was retreating from Goma it committed at least 76 cases of rape in neighboring towns. Victims who were raped by Congolese military personnel include women as old as 60 and girls as young as 13 years old. HRW called on the UN to investigate and determine which Congolese army units and officers were responsible for these actions. It also called on the UN, which has already imposed sanctions on M23 leaders, to also impose sanctions on Rwanda officials who have supported them.

The eastern region of the DRC has seen considerable violence and human rights abuses on both sides of the conflict since the M23 rebellion began. In December a UN probe found [JUIRIST report] that at least 126 people were raped and at least two civilians were killed during violence in the region last November. A month earlier, the UN condemned M23 [JURIST report] for guerrilla attacks on the DRC and called for an end to all support of the group. HRW also released a report [JURIST report] in September alleging that M23 had been responsible for numerous war crimes, including summary executions, rape and forced recruitments. In June a leaked UN report [JURIST report] revealed that Rwanda had been helping to create and support M23 and similar rebel groups that have been known to violate human rights.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Philippines Supreme Court again stays cybercrime law
Julie Deisher on February 5, 2013 11:29 AM ET

Photo source or description
[JURIST] The Supreme Court of the Philippines [official website] on Tuesday has again stopped the government from enforcing a cybercrimes law [RA 10175, PDF] passed last year. The law was also suspended for 120 days [JURIST report] in October so the court could consider the civil liberty implications of the law. The court has issued a fresh temporary restraining order for more time to scrutinize the law [AFP report] for possible violations of constitutional provisions on freedom of expression.

Cybercrime and electronic privacy laws have been a focus of courts and legislatures throughout the world. Earlier in September New York Governor Andrew Cuomo [official website] signed into law a bill [JURIST report] that amends the state's penal code to prohibit the access and viewing of child pornography on the Internet. Internet search company Google [corporate website] has faced investigations and legal action over privacy concerns and electronic security matters in Switzerland, the EU, Japan and the US [JURIST reports] over the past year.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Somalia court sentences alleged rape victim, journalist
Peter Snyder on February 5, 2013 11:11 AM ET

Photo source or description
[JURIST] A Somali court on Tuesday sentenced a woman who accused Somali security forces of rape to a year in prison for insulting a government body and making false claims. The same court in Mogadishu also sentenced [Guardian report] freelance reporter Abdiaziz Abdinur Ibrahim, who interviewed the woman in January, to a year in prison on the same charges. Both sentences have been criticized by human rights groups, including Human Rights Watch (HRW) [advocacy website], which condemned [HRW report] the charges as "politically motivated" and "a mockery of the new Somali government's priorities." According to HRW, the woman was arrested and interrogated for two days without legal counsel following her complaint before she retracted her story and was released. In response to growing international concern over these charges, Prime Minister Abdi Farah Shirdon Saaid [Aljazeera backgrounder] stated earlier this week that Somalia authorities will do more to protect rape victims [JURIST report] as well as work to reform both the military and judiciary. Both the woman and the reporter are expected to appeal their sentences.

The controversy surrounding this case has been a major concern for the fledgling Somalian government. Last month, UN Special Representative of the Secretary-General on Sexual Violence in Conflict Zainab Hawa Bangura [official profile] criticized the government's response [press release], saying the "approach taken by the Somali police does not serve the interest of justice; it only serves to criminalize victims and undermine freedom of expression for the press." A collection of human rights groups and free press advocates last month also issued a joint statement [JURIST report] calling for the release of Ibrahim and three others who were detained in connection with the woman's claims. The statement, issued by HRW, Amnesty International and the Committee to Protect Journalists [advocacy websites], requested that the government release Ibrahim and the others, who were all involved in reporting on the woman's claims and the government's response.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Arkansas House approves ban on abortions after 20 weeks
Samuel Franklin on February 5, 2013 11:03 AM ET

Photo source or description
[JURIST] The Arkansas House of Representatives [official website] on Monday approved a ban on abortions after 20 weeks of pregnancy. With a 75-20 vote [Reuters report] the bill will now advance to the state Senate, which last week passed a ban on abortions when a fetal heartbeat is detected [JURIST report]. The new House bill provides no exceptions for rape or incest but does allow exceptions if the mother's life is at risk or she faces severe and irreversible injury. Also Monday the House approved a bill that would prohibit insurance companies participating in the health insurance exchange from covering abortion except in cases of rape, incest or risk to the mother.

Numerous states have changed their abortion laws recently to restrict the availability of abortion, leading to several legal challenges. In December a state judge in Georgia enjoined a law [JURIST report] banning doctors from providing abortions for women more than 20 weeks into gestation. 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 that 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.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


DOJ drone strike memo publicly released in NBC exclusive
Dan Taglioli on February 5, 2013 10:47 AM ET

Photo source or description
[JURIST] NBC News [corporate website] on Monday released [NBC report] a Department of Justice (DOJ) [official website] confidential "white paper" [text, PDF] that reveals details of the legal justifications for the Obama administration's unprecedented use of lethal drone strikes [JURIST news archive] against al Qaeda suspects who are US citizens abroad. The 16-page memo explores the legal questions surrounding the use of lethal force against a US citizen who is a "senior operational leader of [al Qaeda] or an associated force" outside an area of active hostilities, concluding that the president has the authority to employ lethal measures in response to the imminent threat to the US posed by the operations planning of such an individual. The memo sets forth a three-prong test under which the DOJ would conclude that such force could be legally authorized:
[W]here the following three conditions are met, a U.S. operation using lethal force in a foreign country against a U.S. citizen who is a senior operational leader of al-Qa'ida or an associated force would be lawful: (1) an informed, high-level official of the U.S. government has determined that the targeted individual poses an imminent threat of violent attack against the United States; (2) capture is infeasible, and the United States continues to monitor whether capture becomes feasible; and (3) the operation would be conducted in a manner consistent with applicable law of war principles.
The memo goes on to determine that such a lethal operation would be consistent with Fifth Amendment Due Process [Cornell LII backgrounder] principles, satisfied by the "imminence" and "feasibility" concepts under "applicable law of war principles" as set out in the three-prong test. The memo also specifies that the Fourth Amendment's unreasonable seizure [Cornell LII backgrounder] prohibition is not offended, as are neither certain statutory provisions prohibiting the killing of US nationals abroad, nor the longstanding prohibition against assassinations under Executive Order 12333.

The use of drone strikes by the US has come under scrutiny in recent months. Last month UN Special Rapporteur on human rights and counterterrorism Ben Emmerson announced that he will begin investigating the legality [JURIST report] of the use of drone strikes. Emmerson said that after asking the US to allow an independent investigation [JURIST report] of its use of targeted killings last year, there is still no consensus among the international community as to the legality of the conduct. Also last month Pakistan's Foreign Affairs Minister Hina Rabbani Khar condemned US drone attacks [JURIST report] as a violation of Pakistan's sovereignty and international law. Last month the DOJ filed a motion to dismiss [JURIST report] a lawsuit challenging the US government's targeted killing of three US citizens in drone strikes. In July Pakistan's Ambassador to the US called upon the US to end the practice [JURIST report] of using drone strikes in targeted killings. That same month US lawmakers expressed concern [JURIST report] over the use of drone strikes. Samar Warsi [corporate profile] of the Muslim Civil Liberties Union recently argued that Obama administration's drone policy sets a dangerous precedent [JURIST comment] and undermines national security.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Bangladesh war crimes tribunal sentences Islamist party leader to life
Julie Deisher on February 5, 2013 10:45 AM ET

Photo source or description
[JURIST] The International Crimes Tribunal Bangladesh (ICTB) [Facebook page; JURIST news archive] on Tuesday handed down its second verdict, sentencing Abdul Quader Mollah, leader of the Islamist party Jamaat-e-Islami (JI) [party website; GlobalSecurity backgrounder], to life in prison. This sentence [Reuters report] comes a week after televangelist televangelist Abul Kalam Azad, also known as "Bachchu Razakar," was sentenced to death [JURIST report]. Both were indicted for crimes committed during the 1971 Bangladesh Liberation War [GlobalSecurity backgrounder].

Bangladeshi officials established the ICTB [JURIST report] in March 2010 to investigate and prosecute crimes committed in the Bangladesh Liberation War, during which officials estimate that Pakistani soldiers and local militia participated in more than three million killings and 200,000 rapes. Since then, the ICTB has been fraught with controversy and conflict. The tribunal originally included three high court judges and six investigators retired from civilian, law enforcement and military careers, but Justice Mohammed Nizamul Huq resigned from his post [JURIST report] in December. In June the ICTB rejected a bail petition [JURIST report] from JI leader and former Parliament member Delwar Hossain Sayeedee. In November 2011 the ICTB began its first trial [JURIST report] with the case against Sayeedee. He is charged with 20 alleged violations of the International Crimes (Tribunals) Act of 1973 [text, PDF] including genocide, arson, rape and torture.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page

For more legal news check the Paper Chase Archive...


LATEST OP-ED

The War on Terror and the Need for Muslim Support
DOMESTIC
Faisal Kutty
Valparaiso University Law School

Get JURIST legal news delivered daily to your e-mail!

SYNDICATION

Add Paper Chase legal news to your RSS reader or personalized portal:
  • Add to Google
  • Add to My Yahoo!
  • Subscribe with Bloglines
  • Add to My AOL

E-MAIL

Subscribe to Paper Chase by e-mail. JURIST offers a free once-a-day digest [sample]. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.


R|mail e-mails individual Paper Chase posts through the day. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.

PUBLICATION

Join top US law schools, federal appeals courts, law firms and legal organizations by publishing Paper Chase legal news on your public website or intranet.

JURIST offers a news ticker and preformatted headline boxes updated in real time. Get the code.

Feedroll provides free Paper Chase news boxes with headlines or digests precisely tailored to your website's look and feel, with content updated every 15 minutes. Customize and get the code.

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org