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Legal news from Wednesday, March 6, 2013 |
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Egypt court delays elections with request for further review of electoral law
Brandon Gatto on March 6, 2013 2:40 PM ET

[JURIST] Egypt's Supreme Administrative Court on Wednesday referred the country's newly passed electoral law to the Supreme Constitutional Court (SCC) [official website] for review, thereby delaying parliamentary elections originally set to begin on April 22. The court's decision is said to be based on technical grounds [Reuters report], namely that the Shura Council, Egypt's upper house of parliament, failed to return the amended electoral law to the SCC for final review before passing it [JURIST report]. The law was amended in five key areas, as demanded by the high court [JURIST report] last month. Notable changes include officers not being allowed to change their political party once they are elected, one third of the lower house being reserved for independents, and members of the former National Democratic Party (NDP) being barred from participating in politics for ten years. Opposition leaders, who threatened to boycott the elections scheduled by President Mohamed Morsi [BBC profile; JURIST news archive], welcomed the ruling. Morsi, however, will seek appeal on grounds that such sovereign acts should not be overturned.
Since the beginning of its revolution [JURIST backgrounder], Egypt has been plagued by continuing political turmoil, protests, and violence. Earlier this week, the SCC dismissed complaints [JURIST report] against the assembly responsible for drafting the country's new constitution. Specifically, the complaints challenged the method for selecting the assembly's members, which was boycotted [JURIST report] by liberals and Christians as a misrepresentation of all Egyptians. Last month the SCC postponed ruling [JURIST report] on whether the assembly was legitimate. In January UN High Commissioner for Human Rights Navi Pillay [official profile] voiced concern [JURIST report] over the growing violence and rising death toll stemming from the country's ongoing protests. Also that month Morsi declared a state of emergency in an attempt to quell growing unrest and violent political protests in cities brought on by an Egyptian court ruling handing down 21 death sentences [JURIST reports] for a 2012 soccer riot that resulted in 74 deaths and thousands of injuries.


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Israel mistreating detained Palestinian children: report
Matthew Pomy on March 6, 2013 2:00 PM ET

[JURIST] UNICEF [official website] reported [text, PDF] Wednesday that Israeli practices surrounding the detention of children may violate international legal standards. The report claims approximately 700 Palestinian children are detained every year in Israeli military facilities. Further, UNICEF suggests mistreatment of these children in these facilities is "widespread, systematic and institutionalized." According to the report, the mistreatment includes:The arrests of children at their homes between midnight and 5:00 am by heavily armed soldiers; the practice of blindfolding children and tying their hands with plastic ties; physical and verbal abuse during transfer to an interrogation site, including the use of painful restraints; lack of access to water, food, toilet facilities and medical care; interrogation using physical violence and threats; coerced confessions; and lack of access to lawyers or family members during interrogation. UNICEF argues this treatment is inconsistent with Israel's international obligations under the UN Convention on the Rights of the Child [text]. The report recommends Israel come into compliance with these obligations by integrating several steps in their detention practices. Notably, UNICEF called on Israel to only arrest children during daylight hours, use strip searches with extreme caution, allow children access to their family and a lawyer during interrogations, access to medical care and releasing the location of the children to the family. Further, the UNICEF urged the Israeli military to use these detention only as a last resort and only keep these children in detention for as long as is absolutely necessary.
Last month Human Rights Watch (HRW) [advocacy website] called [JURIST report] Israeli airstrikes in Gaza a violation of the laws of war. In January UN rights experts concluded [JURIST report] Israeli settlements violate human rights. Last December UN Special Rapporteur Richard Falk [official website] called on Israel [JURIST report] to fully implement and continue to support the recent conflict-ending ceasefire agreement with Palestinians in Gaza. In November UN High Commissioner for Human Rights Navi Pillay [official profile] pressured Israel [JURIST report] to avoid targeting civilian structures in Gaza, expressing acute concern over the surge in the number of Palestinian civilian deaths that month. Also, last July, a UN committee raised [JURIST report] similar concerns over children detainees.


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UN members urge legislation against gender violence
Maureen Cosgrove on March 6, 2013 1:46 PM ET

[JURIST] Legislators from UN member states on Tuesday discussed the importance of laws [press release] against sexual, domestic and gender violence during the second day of the UN women's commission annual session. Michelle Bachelet, the Executive Director of the UN Entity for Gender Equality and the Empowerment of Women [official website], in a speech to the legislators [transcript] called for gender equality and an end to violence against women:In the aftermath of highly public tragedies over the past year, women, men and young people have raised their voices in a singular cry: enough is enough. People demand an end to impunity and insist on the protection of the rights of women and girls to live lives free of violence. And they do this because we are at this tipping point of deeper social transformation where indeed, and this is my biggest hope, gender equality becomes reality for all. Bachelet praised the nations that have already criminalized domestic violence, but pressed the legislators to enact laws penalizing violence against women. At the same event, UN Secretary-General Ban-Ki Moon [official websites] echoed Bachelet's sentiments in a speech [transcript] that condemned impunity and called for laws that empower women.
Violence against women has been a long-standing issue around the world. Last month Bachelet denounced [JURIST report] rising violence against women in Egypt. In January Ban 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 rights expert calls for international debate on health care abuse amounting to torture
Cynthia Miley on March 6, 2013 12:21 PM ET

[JURIST] UN Special Rapporteur on torture Juan Mendez [official profile] called Tuesday for a debate on abuses and mistreatment in health care settings [press release] that potentially equate to torture or cruel, inhuman, or degrading treatment or punishment. The call for debate was based upon a report [text, PDF] released in February that detailed the abuses and mistreatment and the policies promoting those practices as well as existing protection gaps. The report illuminated often undetected practices and emphasizes how certain treatments violate prohibitions on torture and ill-treatment. Mendez spoke of unique challenges to correcting such practices due to a "perception that, while never justified, certain practices in health-care may be defended by the authorities on grounds of administrative efficiency, behaviour modification or medical necessity." Mendez recognized forms of abuses including: compulsory detention for drug users, street children, homeless individuals, and others in rehabilitation centers run by military or police; violation of reproductive rights such as involuntary sterilization, female genital mutilation, and denial of abortion or post-abortion care; denial of pain treatment; solitary confinement and prolonged restraint of persons with psychosocial disabilities; and denial of treatment to HIV/AIDS patients and lesbian, gay, bisexual, transgender and intersex persons.
Mendez has traveled around the world to report on the use of torture. In September Mendez said that the human rights situation in Morocco was improving but that more effort was needed to eradicate torture [JURIST report]. Earlier that month he called on the Egyptian government and courts to stop permitting evidence acquired through torture [JURIST report] to be admitted in any legal proceedings including military trials. In May Mendez made a nine-day visit to the Republic of Tajikistan [BBC profile], where he praised that country's effort to modify its criminal justice system designed to aid in eradicating torture [JURIST report], but he also found that mistreatment of suspects remains the norm.


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UN rights expert: nations must establish legal framework for rights defenders
Keith Herting on March 6, 2013 11:52 AM ET

[JURIST] A human rights expert presented her report [text, PDF] to the UN Human Rights Council (UNHRC) [official website] Tuesday urging nations to provide a "bare minimum" legal framework to protect those working within their states to defend human rights. The report by Special Rapporteur on human rights defenders Margaret Sekaggya claims [press release] that rights advocates and groups can be a "vital actor in the fight against impunity for human rights violations" and that they should be "supported by public authorities and protected if needed." Sekagga found that nations often undermine the efforts of those rights defenders through "laws and administrative provisions to unduly restrict the work of human rights defenders." In her presentation [UN News Centre report] to the UNHRC, Sekaggya suggested nations are undermining the efforts of those trying to campaign for human rights claiming:From anti-terrorism and other legislation relating to public security to legislation governing registration, functioning and funding of associations, from defamation and blasphemy legislation to legislation relating to public morals, States are using laws and administrative provisions to unduly restrict the work of human rights defenders. The report concludes with recommendations for the "bare minimum" states should to protect rights defenders, including creating a specific legal recognition of those advocating for human rights, establishing programs to help protect rights defenders, and a legal autonomy for those defenders so that they may "investigate all allegations of violations by all branches of the State and all types of actors, including armed forces and private businesses."
The UNHRC has recently addressed a variety of human rights abuses around the world. In February UN High Commissioner for Human Rights Navi 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 UNHRC 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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