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Legal news from Friday, March 1, 2013




Germany Parliament approves copyright law
Addison Morris on March 1, 2013 2:38 PM ET

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[JURIST] Germany's lower house of Parliament, the Bundestag [official website], on Friday approved a bill to broaden copyright protections for online material, especially news articles. The new law would not charge royalties to search engines, including Google [official website; JURIST news archive], for displaying short passages of text from articles. This provision should assuage previous concerns and campaigns against the potential for a "Google tax." The bill passed with a 293-243 vote, and still needs approval from the upper house of Parliament, the Bundesrat [official website].

In recent years, Google has faced both international and national criticism over its privacy policy. In April the US Court of Appeals for the Second Circuit overturned an order [JURIST report] dismissing a $1 billion copyright infringement suit against Google, by Viacom [corporate websites], for Google's YouTube [media website; JURIST news archive] service. Last March a Japanese court ordered Google to remove certain search terms [JURIST report] that a Japanese man claimed violated his privacy, by suggesting his name in connection with crimes he did not commit. In February 2012 a judge for the US District Court for the District of Columbia dismissed [JURIST report] a suit from the Electronic Privacy Information Center (EPIC) [advocacy website], a consumer privacy group, asking the Federal Trade Commission (FTC) [official website] to block Google's proposed privacy policy changes. The new policy allows a user's information to be shared among different Google products, including YouTube, Gmail, and Google Maps. In April 2010,Germany's Federal Court of Justice ruled that the use of thumbnail preview images [JURIST report] pulled from websites by Google is not a violation of copyright law.




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Maryland Senate approves gun control bill
Samuel Franklin on March 1, 2013 1:08 PM ET

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[JURIST] The Maryland Senate [official website] on Thursday approved a gun control bill [SB 281 materials] that imposes tougher restrictions on obtaining a license to buy a firearm. The Senate voted 28-19 [materials] in favor of the bill that would require residents to submit to fingerprinting, training and background checks in order to secure a firearm license. The Senate bill would also ban assault weapons and ammunition magazines that hold more than ten bullets. The bill also places restrictions on gun ownership based on mental health, banning firearm purchases for anyone who was involuntarily committed to a mental health facility for any period of time, and imposing some restrictions on individuals who voluntarily commit themselves to such facilities.

In the wake of the Sandy Hook Elementary School shooting [WSJ backgrounder], the gun control debate [JURIST comment] has been at the center of attention in Washington, DC, and state capitols and across the nation. In mid-January, on the one-month anniversary of the Newtown shooting, US President Barack Obama [official website] announced his signing of 23 executive orders [JURIST report] intended to strengthen existing gun laws, as well as urging Congress to reinstate the assault weapons ban that expired in 2004. Just the day before New York Governor Andrew Cuomo [official website] signed legislation [JURIST report] intended to impose tighter restrictions on gun and ammunition sales, banning any magazine that can hold more than seven rounds and implementing instant background checks on all ammunition purchases at the time of sale.




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Washington Supreme Court rules tax law unconstitutional
Alison Sacriponte on March 1, 2013 12:56 PM ET

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[JURIST] The Washington Supreme Court [official website] ruled [opinion, PDF] 6-3 Thursday that a voter approved measure requiring a super-majority vote by the state legislature in order to raise taxes is unconstitutional. The initiative [I-1053, PDF] was approved by voters on multiple occasions, but the majority ruled that the language of the state's constitution is clear and unequivocal. Article II, section 22 [constitution, text] states that no bill shall become a law unless a majority of the members elected to each house vote in its favor. The court held that this provision sets both a minimum and a maximum voting requirement and therefore the super-majority requirement violates article II, section 22 by requiring certain legislation to receive a two-thirds vote. The court concluded:
Our holding today is not a judgment on the wisdom of requiring a supermajority for the passage of tax legislation. Such judgment is left to the legislative branch of our government. Should the people and the legislature still wish to require a supermajority vote for tax legislation, they must do so through constitutional amendment, not through legislation.
In a dissenting opinion, Associate chief justice Charles Johnson criticized the ruling, accusing the court of interfering in political issues.

In 2010 Washington state voters overwhelmingly rejected an attempt to institute an income tax [JURIST report], with over 65 percent of the electorate voting against the initiative. Washington is one of seven states in the US that does not have a personal income tax [DOR backgrounder], instead raising revenue through sales taxes and business taxes. Voters have rejected any attempts to create personal income tax, through several ballot initiatives. Although a graduated income tax was accepted in 1932, the state supreme court found it unconstitutional in 1933. The court held that income was property and that Article VII, Section 1 of the state constitution [text] precludes the non-uniform taxation of property.




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UN rights chief recounts challenges, advances in 2012
Benjamin Minegar on March 1, 2013 12:28 PM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] on Thursday presented an annual report [official report, PDF] detailing her office's efforts in 2012 and urging further action to confront global human rights challenges. The report identifies and elaborates on advances and challenges within six human rights "thematic priorities" established for the years 2010 to 2013. These include discrimination, impunity relating to democratic society, poverty resulting from global economic downturn, migration, violence and human rights mechanisms within international law. Pillay characterized 2012 as a year of "daunting" human rights crises including armed conflict in Syria, Palestine, Mali and the Democratic Republic of the Congo, which have resulted in thousands of deaths, massive displacement and a general "climate of impunity." In addition, the report recounts the office's efforts to further delicate political transition in nations including Egypt, Libya, Tunisia and Yemen. Pillay also expressed concern regarding significant budget restraints and "ever-growing" workload, and urged the international community to respond with resources proportionate to the "high expectations" placed on the human rights system. The report elaborates on the High Commissioner's general mission:
More than ever, the imperative of putting people and their rights first is paramount. This is the raison d'etre of the United Nations, and must be reflected both in the decisions of its intergovernmental bodies and throughout the work of the Organization. It must be at the very heart of the Organization's peace, security, development and humanitarian agendas. I encourage the Human Rights Council to continue to play its role to ensure that it does.
According to the UN, Pillay is expected to present a fact-finding report [press release] to the UN Human Rights Council [official website] on March 11 detailing atrocities and displacement in Mali.

The Office of the High Commissioner for Human Rights has addressed a variety of human rights abuses around the world in the past. In February Pillay urged [JURIST report] the international community to continue to prevent human rights abuses and hold perpetrators accountable. Speaking at the opening of the 22nd session of the Human Rights Council in Geneva, Pillay specifically mentioned the ongoing situations in Rwanda, Bosnia and Herzegovina, Palestine, Iraq, Sri Lanka, Afghanistan, Democratic Republic of Congo, Mali, Sudan and Syria. Also in February, Pillay expressed concern [JURIST report] over reports that three Palestinians being held in Israeli custody are in poor health from hunger strikes protesting Israel's use of administrative detention. In the same timeframe, Pillay unveiled a report [JURIST report] criticizing Sri Lanka for failing to investigate widespread reports of killings and other atrocities during the latter days of the nation's 26-year civil war it fought with the separatist Liberation Tigers of Tamil Eelam. Also in February, Pillay expressed shock and sadness [JURIST report] concerning the brutal rape and murder of 17-year-old Anene Booysen in South Africa. Pillay urged South Africa to take a stronger approach to prevent the ongoing sexual violence incidents against tens of thousands of South African women every year.




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Bahrain female activist sentenced to 3 months in jail
Sarah Paulsworth on March 1, 2013 11:20 AM ET

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[JURIST] A court of appeals in Bahrain overturned the acquittal [BNA report] of Zainab al-Khawaja, who is accused of insulting a government employee, and sentenced her to three months of imprisonment on Friday, according to the Bahrain State New Agency (BNA). Al-Khawaja is the daughter of prominent Bahraini human rights activist Abdulhadi al-Khawaja [BBC profile; JURIST news archive], and has served previous jail terms [JURIST report] for tearing up a picture of Bahrain's king, destruction of government property and organizing anti-government protests. At the end of last year, al-Khawaja published an op-ed [text] in the New York Times in which she described the human rights situation in Bahrain and some of the hardships her family and friends have faced.

Earlier this week, the Bahrain Higher Criminal Court acquitted two police officers [JURIST report] in the shooting death of a Shiite protester during the nation's pro-democracy protests in Manama that began in February 2011. Last month a Bahrain police officer was sentenced to seven years [JURIST report] in prison for fatally shooting a protester. Bahrain authorities 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.




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Dutch court convicts woman for inciting genocide in Rwanda
Max Slater on March 1, 2013 8:42 AM ET

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[JURIST] A Dutch court on Friday convicted Yvonne Basebya [AllAfrica backgrounder], a Dutch citizen born in Rwanda, of inciting genocide in Rwanda in 1994. The District Court of The Hague [official website] sentenced Basebya to six years and eight months in prison for her role in the 1994 Rwandan genocide [BBC backgrounder; JURIST news archive]. The court found that Basebya incited genocide by leading meetings of a radical ethnic Hutu party and sang a song that called for the murder of all ethnic Tutsis [AP report]. Around 800,000 Rwandans, primarily Tutsis, were killed during the 1994 genocide. The court, however, cleared Basebya of more serious charges [BBC report], such as perpetrating genocide and murder. Basebya is the first Dutch citizen to be convicted of crimes relating to the Rwandan genocide. Her lawyer plans to appeal the ruling.

Two weeks ago a court in Norway sentenced a Rwandan man to 21 years for being an accomplice to the 1994 Rwandan genocide [JURIST report]. In January a Rwandan genocide suspect was arrested [JURIST report] in France. Earlier in January the International Criminal Tribunal for Rwanda (ICTR) [official website] convicted [JURIST report] former Rwandan minister Augustin Ngirabatware [case materials], sentencing him to 35 years in prison and concluding the tribunal's final trial. Ngirabatware was found guilty on charges of genocide, incitement to commit genocide and rape as a crime against humanity. In December the UN Security Council unanimously adopted a resolution [JURIST report] to extend the term of office of five judges of the ICTR.




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Former Haiti dictator appears before court after fourth summons
Sarah Posner on March 1, 2013 8:07 AM ET

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[JURIST] Former dictator Jean-Claude Duvalier [CBC backgrounder; JURIST news archive] appeared before a Haitian court on Thursday, after previously rebuffing summonses for alleged human rights abuses from 1971-1986. Thursday's hearing marked the first time that the plaintiffs confronted [AP report] Duvalier. Duvalier had ignored three previous summonses before his appearance in court on Thursday. A judge told Duvalier that he would be jailed if he did not appear before the court after the fourth summons was issued. The lawyer for the plaintiffs criticized the previously rebuffed summonses as evidence of Haiti's failing justice system. The legal proceedings began with Duvalier's lawyer requesting that the proceedings take place behind closed doors. The judges asked Duvalier about political prisoners that were locked up, tortured, and killed during his time in office.

Last week a Haitian judge ordered [JURIST report] Duvalier to appear in court for a hearing on whether he should face charges for human rights abuses. The summons followed a previous order [JURIST report] from nearly two weeks ago by a Haitian appeals court for Duvalier to appear for the hearings, a directive which the ex-president failed to follow]. Duvalier returned to Haiti in 2011 after 25 years in exile, prompting an investigation for crimes committed from 1971-1986. Last January a magistrate judge dismissed human rights charges against Duvalier [JURIST report], including allegations of rape, torture and murder, on the grounds that the statute of limitations had expired.




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Obama administration urges Supreme Court to strike down same-sex marriage ban
Sarah Posner on March 1, 2013 7:47 AM ET

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[JURIST] The Obama administration urged [brief, PDF] the US Supreme Court [official website] Thursday to strike down California's ban on same-sex marriage as unconstitutional in the case of Hollingsworth v. Perry [docket; cert. petition, PDF]. The US Department of Justice (DOJ) [official website] submitted an amicus brief to the Supreme Court, arguing that California's ban on same-sex marriage, known as Proposition 8 [text, PDF, JURIST news archive], violates the Equal Protection Clause of the Fourteenth Amendment. The Supreme Court will determine whether amending California's constitution to limit marriage to a union between one man and one woman is unconstitutional. The government's brief argues that by extending substantive rights to same-sex couples through domestic partnerships, the justification for Proposition 8 is undermined. The brief states:
That California law authorizes domestic partnerships for gay and lesbian couples and expressly grants them the incidents of marriage--a fact about California's legal regime that could be taught just like any other fact relevant to a class--makes this interest all the more tenuous as a purported justification for Proposition 8. California's extension of all of the substantive rights and responsibilities of marriage to gay and lesbian domestic partners particularly undermines the justifications for Proposition 8. It indicates that Proposition 8's withholding of the designation of marriage is not based on an interest in promoting responsible procreation and child-rearing--petitioners' central claimed justification for the initiative--but instead on impermissible prejudice.
The Supreme Court is scheduled to begin oral arguments for the Hollingsworth case on March 26.

Last week, advocates for same-sex marriage submitted briefs [JURIST report] to the Supreme Court in the Hollingsworth case for the respondent couples, as well as for the City and County of San Fransisco [briefs, PDF]. The advocates urged the court to find California's 2008 ban on same-sex marriage unconstitutional, claiming that the law served only to "stigmatize gay men and lesbians." The ban, Proposition 8, was a voter-approved state measure to limit the meaning of marriage to include only a man and a woman. In 2012, the US Court of Appeals for the Ninth Circuit ruled [opinion, PDF] that Proposition 8 was unconstitutional [JURIST report], as it "stripped same-sex couples of...an important right." In addition to this case, the court is also scheduled to hear a challenge to the Defense of Marriage Act (DOMA) [text, PDF; JURIST news archive] this month.




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