JURIST's legal news service, powered by a team of over 40 law student reporters and editors led by Professor Bernard Hibbitts at the University of Pittsburgh School of Law. http://jurist.org/paperchase JURIST@pitt.REMOVE_THISedu [JURIST] The Vatican [official website] sex crimes prosecutor warned bishops on Wednesday that they must follow rules in place for protecting victims of sexual abuse in the church or they risk being sanctioned. Monsignor Charles Scicluna, the church appointed prosecutor in the ongoing clergy sex abuse [JURIST news archive] scandals, issued his warning at a symposium of bishops, the purpose of which was to begin formulating guidelines to keep children safe. In February 2010, the Vatican unveiled church procedures [JURIST report] for dealing with sexual abuse cases, titled the "Guide to Understanding Basic CDF Procedures concerning Sexual Abuse Allegations", which... http://jurist.org/paperchase/2012/02/vatican-prosecutor-says-bishops-must-uphold-laws-to-protect-victims-of-sexual-abuse.php 2012-02-08T11:08:31-05:00 http://jurist.org/paperchase/2012/02/vatican-prosecutor-says-bishops-must-uphold-laws-to-protect-victims-of-sexual-abuse.php Jennie Ryan ... [JURIST] South Carolina Attorney General Alan Wilson [official website] filed suit [complaint, PDF] Tuesday against the US Department of Justice (DOJ) [official website] over its ruling that barred South Carolina from enforcing its voter identification law [R54 materials]. The DOJ rejected the law [JURIST report] in December on the grounds that it was discriminatory. It has authority to do so under the Voting Rights Act [Cornell LII backgrounder], which allows it to screen new voter laws in states with a history of discriminatory voter practices. In the filing, the attorney general alleges that the photo identification requirement will not disenfranchise... http://jurist.org/paperchase/2012/02/south-carolina-sues-federal-government-over-blocked-voter-id-law.php 2012-02-08T10:17:40-05:00 http://jurist.org/paperchase/2012/02/south-carolina-sues-federal-government-over-blocked-voter-id-law.php Katherine Getty ... [JURIST] A judge in Milan ruled Tuesday that former Italian prime minister Silvio Berlusconi [BBC profile; JURIST news archives] will stand trial for publicly releasing a secret wiretap in 2005. The prosecution alleges that Berlusconi published the transcript of a tapped phone conversation [BBC report] in Il Giornale [media website, in Italian], a national newspaper owned by his brother. The conversation in question took place between Berlusconi's biggest political rival at the time, Piero Fassino [official website, in Italian], and the head of Unipol, an insurance company that has since been restructured. The publication broke secrecy rules, as the conversation... http://jurist.org/paperchase/2012/02/berlusconi-facing-new-trial-on-wiretap-charges.php 2012-02-08T09:46:39-05:00 http://jurist.org/paperchase/2012/02/berlusconi-facing-new-trial-on-wiretap-charges.php Katherine Getty ... [JURIST] The European Court of Human Rights (ECHR) [official website] issued two rulings [press release] on Tuesday upholding the right of the media to report on celebrities and limiting celebrities' right to privacy. In Axel Springer AG v. Germany [judgment], the court examined whether a German actor's right to privacy was violated when a paper published a newspaper article and photos of his arrest for illegal drug possession at a public festival. The court determined that an injunction restricting publication of articles and photos of the actor was a violation of Article 10 of the European Convention on Human Rights... http://jurist.org/paperchase/2012/02/eu-court-limits-privacy-rights-for-public-figures.php 2012-02-07T14:46:41-05:00 http://jurist.org/paperchase/2012/02/eu-court-limits-privacy-rights-for-public-figures.php Hillary Stemple ... [JURIST] The UN Children's Fund (UNICEF) [official website] reported Tuesday that the nearly 11 months of violence in Syria have led to the deaths and injuries of hundreds of children [press release]. In particular, UNICEF spokeswoman Marixie Mercado said that, "[a]s of the end of January, 400 children are dead and more than 400 have been detained." Mercado added that UNICEF has also received reports of arbitrary child arrests, torture and sexual abuse while in detention. Although she did not reveal the source of the reports, Mercado declared that the figures came from Syrian human rights groups "that we find... http://jurist.org/paperchase/2012/02/jurist-the-united-nations-childrens.php 2012-02-07T13:37:07-05:00 http://jurist.org/paperchase/2012/02/jurist-the-united-nations-childrens.php Brandon Gatto ... [JURIST] Attorneys for Arizona Governor Jan Brewer [official website] filed an opening brief [text, PDF] with the US Supreme Court [official website] on Monday, asking the court to lift an injunction that has blocked many contentious provisions of a state immigration law [SB 1070 materials; JURIST news archive] from taking effect. SB 1070, passed in April 2010, makes illegal immigration a state crime and requires police officers to question an individual's immigration status if the officer has a "reasonable suspicion" to believe an individual is in the country illegally. In its brief, Arizona argued that its controversial immigration law is... http://jurist.org/paperchase/2012/02/arizona-files-opening-brief-with-supreme-court-on-immigration-law.php 2012-02-07T13:30:43-05:00 http://jurist.org/paperchase/2012/02/arizona-files-opening-brief-with-supreme-court-on-immigration-law.php Max Slater ... [JURIST] Trial Chamber III of the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website; JURIST news archive] on Tuesday rendered a judgment [summary, PDF] against Jelena Rasic, sentencing her to 12 months imprisonment on contempt charges. The judgment came following the acceptance of a plea agreement [JURIST] last week. Rasic was the former case manager for Bosnian war criminal Milan Lukic [judgment, PDF]. She pleaded guilty [amended indictment, PDF] last week to five counts of contempt against the tribunal last year. It was alleged that she "knowingly and willfully interfered with the Tribunal's administration of justice" by obtaining... http://jurist.org/paperchase/2012/02/icty-sentences-former-case-manager-to-12-months-for-contempt.php 2012-02-07T13:20:11-05:00 http://jurist.org/paperchase/2012/02/icty-sentences-former-case-manager-to-12-months-for-contempt.php Sung Un Kim ... [JURIST] A judge for the US District Court for the Western District of Texas [official website] ruled [order, PDF] Monday that Texas can begin enforcing a state law [HB 15, PDF] that requires women to have a sonogram before undergoing an abortion [JURIST news archive]. In his ruling, Judge Sam Sparks noted that he was ordering the enforcement of the law following a ruling [JURIST report] by the US Court of Appeals for the Fifth Circuit [official website], lifting an injunction [opinion, PDF] of the law and ordering immediate enforcement. Sparks criticized the Fifth Circuit's ruling, stating that the law... http://jurist.org/paperchase/2012/02/federal-judge-allows-enforcement-of-texas-abortion-law.php 2012-02-07T13:18:13-05:00 http://jurist.org/paperchase/2012/02/federal-judge-allows-enforcement-of-texas-abortion-law.php Hillary Stemple ... [JURIST] The US Court of Appeals for the Ninth Circuit [official website] ruled [opinion, PDF] Tuesday that Proposition 8 [text, PDF; JURIST news archive], California's ban on same-sex marriage [JURIST backgrounder], is unconstitutional. The three-judge panel ruled 2-1 that the voter-approved [JURIST report] constitutional amendment violates the Due Process and Equal Protection Clauses [Cornell LII backgrounders] of the Fourteenth Amendment to the US Constitution. According to the court:Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different... http://jurist.org/paperchase/2012/02/ninth-circuit-strikes-down-california-same-sex-marriage-ban.php 2012-02-07T13:01:50-05:00 http://jurist.org/paperchase/2012/02/ninth-circuit-strikes-down-california-same-sex-marriage-ban.php Jaclyn Belczyk ... [JURIST] The International Court of Justice (ICJ) [official website] on Monday elected its new president and vice president [press release, PDF], who will each serve a term of three years. Judge Peter Tomka [official profile] of Slovakia will serve as president. Tomka, who has been vice president of the ICJ since 2009, has also worked for the Slovakian Ministry of Foreign Affairs and has held several UN positions, including being a member of the UN International Law Commission [official websites]. Judge Bernardo Sepulveda-Amor [official profile] of Mexico will serve as vice president. Sepulveda-Amor has been a member of the ICJ... http://jurist.org/paperchase/2012/02/icj-judges-elect-new-president-and-vice-president.php 2012-02-07T12:21:30-05:00 http://jurist.org/paperchase/2012/02/icj-judges-elect-new-president-and-vice-president.php Andrea Bottorff ... [JURIST] Maldives President Mohamed Nasheed resigned on Tuesday after weeks of protests over the detainment of senior criminal court Judge Abdulla Mohamed, who was arrested last month for corruption [JURIST report]. Nasheed, the country's first democratically-elected president, stepped down [press release], saying in a public address: "I believe if I continue as the President of the Maldives, the people of the country would suffer more. ... I wish the Maldives would have a consolidated democracy. I wish for justice to be established." His vice president, Mohammed Waheed Hassan [official profile], took over the presidency Tuesday afternoon, vowing to uphold the... http://jurist.org/paperchase/2012/02/maldives-president-resigns-after-protests-over-detained-judge.php 2012-02-07T10:39:44-05:00 http://jurist.org/paperchase/2012/02/maldives-president-resigns-after-protests-over-detained-judge.php Andrea Bottorff ... [JURIST] The UN released its annual report [text, PDF] Monday on trends in female genital mutilation (FGM) [WHO backgrounder; JURIST news archive], revealing that approximately 2,000 African communities have renounced the practice since last year [JURIST report]. The UN Population Fund (UNFPA) and the UN Children's Fund (UNICEF) [official websites] compiled the report to fulfill a joint-mission to accelerate the voluntary abandonment of practicing FGM in Africa. The report detailed that two nations in particular have taken to ending FGM through the rule of law. In Sudan, several states criminalized FGM, while Kenya passed the Prohibition of Female Genital Mutilation... http://jurist.org/paperchase/2012/02/un-reports-progress-in-ending-female-genital-mutilation.php 2012-02-07T09:37:37-05:00 http://jurist.org/paperchase/2012/02/un-reports-progress-in-ending-female-genital-mutilation.php Julia Zebley ... [JURIST] The Court of Appeals in Milan on Monday announced that they will overturn a lower court's verdict on Tunisian former Guantanamo Bay [JURIST backgrounder] detainee Mohamed Riadh Ben Nasri [NYT materials]. Nasri was convicted of terrorism association two years ago, after he was transferred from Guantanamo Bay [JURIST report] to stand trial in Italy. He was sentenced to six years in prison [JURIST report] for recruiting martyrs to commit acts of terrorism. Nasri and his lawyer alleged that he was tortured extensively [la Repubblica report, in Italian] while being detained by US forces. It is unknown if this influenced... http://jurist.org/paperchase/2012/02/italy-appeals-court-orders-release-of-former-guantanamo-detainee.php 2012-02-07T08:52:58-05:00 http://jurist.org/paperchase/2012/02/italy-appeals-court-orders-release-of-former-guantanamo-detainee.php Julia Zebley ... [JURIST] US President Barack Obama [official website] signed an executive order [text] on Monday imposing strict sanctions on Iran as part of an effort to enforce a bill he signed into law in December 2011. The bill, National Defense Authorization Act for 2012 (NDAA) [SB 1867, PDF], allows for sanctions such as those ordered by Obama to be imposed on Iran. In a letter he sent to Congress, Obama explained [statement] that the sanctions were necessary because of the misleading practices of Iranian banks, including the Central Bank of Iran, which are alleged to employ practices involving the concealment of... http://jurist.org/paperchase/2012/02/obama-signs-order-imposing-stricter-sanctions-on-iran.php 2012-02-06T14:08:34-05:00 http://jurist.org/paperchase/2012/02/obama-signs-order-imposing-stricter-sanctions-on-iran.php Jamie Davis ... [JURIST] Muslim cleric Abu Qatada [BBC profile] was granted bail Monday by a Special Immigration Appeals Commission [official website] in the UK. He made his application for bail after winning an appeal [JURIST report] in the European Court of Human Rights (ECHR) [official website] to avoid deportation to his native Jordan. A court in Jordan previously found him guilty in absentia [Reuters report] of two bomb plots. The ECHR ruled in January that he could not be deported because it is questionable as to whether he would receive a fair trial due to some evidence possibly being obtained by... http://jurist.org/paperchase/2012/02/uk-court-sets-bail-for-muslim-cleric-abu-qatada.php 2012-02-06T12:42:06-05:00 http://jurist.org/paperchase/2012/02/uk-court-sets-bail-for-muslim-cleric-abu-qatada.php Jamie Reese ... [JURIST] Human Rights Watch (HRW) [advocacy website] on Sunday urged Israel [press release] to change its policies that forbid Palestinians from traveling through and living in Gaza and the West Bank. The report [text, PDF] describes the policy that causes separation within Palestinian families since some are trapped inside Israel while their family members are forbidden from entering. Israel was also criticized by HRW for never disclosing its rationale for imposing the restrictions on travel and residency. In the report, HRW Middle East director stated:Israel has never put forth any concrete security rationale for blanket policies that have made life... http://jurist.org/paperchase/2012/02/rights-group-urges-israel-to-end-residency-restrictions.php 2012-02-06T12:00:34-05:00 http://jurist.org/paperchase/2012/02/rights-group-urges-israel-to-end-residency-restrictions.php Jamie Davis ... [JURIST] The Supreme Court of Georgia [official website] ruled [opinion, PDF] unanimously Monday that the state's assisted suicide [JURIST news archive] law [§16-5-5 text] violated the First Amendment [text] right to free speech, essentially ruling in favor of four members of Final Exit [advocacy website] charged in 2009. Defendants Ted Goodwin, Claire Blehr, Lawrence Egbert and Nicholas Alec Sheriden were arrested for allegedly violating that law by running an assisted death operation. They pleaded not guilty and the Supreme Court of Georgia reviewed [JURIST report] the law last November. Georgia law does not explicitly forbid assisted suicide but does ban... http://jurist.org/paperchase/2012/02/georgia-high-court-overturns-assisted-suicide-law.php 2012-02-06T11:38:17-05:00 http://jurist.org/paperchase/2012/02/georgia-high-court-overturns-assisted-suicide-law.php Jamie Reese ... [JURIST] A UN ambassador on Sunday urged the government in Myanmar to continue its ongoing reforms [statement] in areas such as judicial independence and human rights protections. Special Rapporteur on the situation of human rights in Myanmar Tomas Ojea Quintana [official profile], who spoke to reporters at the end of a six-day visit, praised the country for its recent reforms, such as a presidential pardon that will free a total of 651 political prisoners and the creation of laws to protect freedom of the press and freedom of speech during peaceful protests [JURIST reports]. However, Quintara expressed concern about the... http://jurist.org/paperchase/2012/02/un-rights-expert-urges-myanmar-to-continue-reforms.php 2012-02-06T11:32:18-05:00 http://jurist.org/paperchase/2012/02/un-rights-expert-urges-myanmar-to-continue-reforms.php Andrea Bottorff ... [JURIST] The UN Working Group on Arbitrary Detention [official website] voiced concern [press release; report] last week over security interests overriding the right of individuals to be free from arbitrary detention in El Salvador. The UN Working Group also criticized the overcrowding in police and prison facilities in Central America. The investigation consisted of visits to 11 prisons along with various meetings with lawyers, human rights organizations and members of society. Prisoners interviewed privately complained of invasive and humiliating searches of themselves, as well as their relatives and lawyers. Despite awareness by authorities and society of the importance of human... http://jurist.org/paperchase/2012/02/un-report-rights-body-criticizes-el-salvador-arbitrary-detention.php 2012-02-06T10:14:56-05:00 http://jurist.org/paperchase/2012/02/un-report-rights-body-criticizes-el-salvador-arbitrary-detention.php Sarah Posner ... [JURIST] Egyptian investigative judges on Sunday referred to a criminal court in Cairo the cases of 43 individuals working for non-governmental organizations (NGOs) that advocate democracy in the country. The suspects, including 19 Americans, other foreigners and Egyptians, have been charged with promoting democracy in Egypt [Egypt Independent report] without proper documentation and by using illegal funds. Egyptian officials are preventing the suspects from leaving the country. The accused include employees of the International Republican Institute (IRI), the National Democratic Institute (NDI) and Freedom House [advocacy websites]. US Ambassador to the UN Susan Rice [official profile] on Monday called on... http://jurist.org/paperchase/2012/02/egypt-ngo-employees-to-face-trial.php 2012-02-06T09:51:15-05:00 http://jurist.org/paperchase/2012/02/egypt-ngo-employees-to-face-trial.php Andrea Bottorff ... [JURIST] The trial against 41 Libyans accused of assisting Muammar Gaddafi [BBC obituary; JURIST news archive] in suppressing the revolt during the Libya conflict [JURIST backgrounder] was postponed Sunday after a brief start, according to the Libyan news agency LANA. The men face charges [Tripoli Post report] of murder and helping prisoners escape. The court postponed the trial in response to pleadings [Reuters report] by the defense panel that the case be transferred to the civil judiciary because the military court allegedly lacks competence to rule on the issue. The trial is set to resume on February 15. Gaddafi's son,... http://jurist.org/paperchase/2012/02/libya-trial-against-gaddafi-allies-postponed.php 2012-02-06T09:25:15-05:00 http://jurist.org/paperchase/2012/02/libya-trial-against-gaddafi-allies-postponed.php Sarah Posner ... [JURIST] A judge for the US District Court for the District of Utah [official website] ruled [opinion, PDF] Friday that the Browns, a publicly polygamist family living in Utah, have standing to bring a suit challenging Utah's anti-bigamy law against Utah County Attorney General Jeffrey Buhman. The court dismissed challenges brought against Utah Governor Gary Herbert and Utah Attorney General Mark Shurtleff for lack of standing, saying there was insufficient evidence that the state officials had any intention to prosecute the family under these laws. The challenges against Buhman were allowed to stand, however, because there was sufficient evidence that... http://jurist.org/paperchase/2012/02/federal-judge-allows-challenge-to-utah-anti-polygamy-law.php 2012-02-05T15:14:03-05:00 http://jurist.org/paperchase/2012/02/federal-judge-allows-challenge-to-utah-anti-polygamy-law.php Jaimie Cremeans ... [JURIST] The US Army dropped all charges against Army Specialist Michael Wagnon Friday, ending the final case in a series of related charges against five army personnel accused of killing Afghan civilians. Wagnon had been facing a charge of murder for his alleged involvement in the killing of three Afghan civilians and was expected to go to trial in March. All four of the other soldiers charged in connection with the killings were either convicted or pleaded guilty. In a statement Friday, Army spokesperson Lt. Col. Gary Dangerfield did not go into detail [News Tribune report] about why the charges... http://jurist.org/paperchase/2012/02/us-army-drops-charges-in-afghan-civilian-death-case.php 2012-02-05T14:16:54-05:00 http://jurist.org/paperchase/2012/02/us-army-drops-charges-in-afghan-civilian-death-case.php Jaimie Cremeans ... [JURIST] The Virginia House of Delegates [official website] on Friday voted 71-28 to approve a bill [text] that would allow adoption agencies to refuse to place a child if the agency, or anyone affiliated with it, disagrees with the proposed placement based on religious beliefs. Effectively, this bill would allow adoption agencies to refuse to adopt to same-sex couples. Governor Bob McDonnell [official profile] said he will sign the bill if it makes it to his desk. The bill provides, in relevant part:No private child-placing agency shall be required to consider or consent to any placement of a child for... http://jurist.org/paperchase/2012/02/virginia-lawmakers-approve-bill-allowing-adoption-agencies-to-refuse-placement.php 2012-02-05T11:53:45-05:00 http://jurist.org/paperchase/2012/02/virginia-lawmakers-approve-bill-allowing-adoption-agencies-to-refuse-placement.php Matthew Pomy ... [JURIST] A French court of appeals on Thursday upheld the 2009 fraud conviction against the Church of Scientology [church website, JURIST news archive], fining the defendants a total of €600,000. The decision upheld the original conviction of the Spiritual Association of the Church of Scientology (ASES) [church website, in French], an affiliated bookstore, and seven other members for fraud and illegal practice of pharmacy. The complaint was originally filed [JURIST report] by a woman who was recruited in 1998 and spent €21,000 on the church and was then not allowed to leave or receive a reimbursement. The appeals court ordered... http://jurist.org/paperchase/2012/02/france-appeals-court-upholds-scientology-fraud-conviction.php 2012-02-05T10:54:05-05:00 http://jurist.org/paperchase/2012/02/france-appeals-court-upholds-scientology-fraud-conviction.php Matthew Pomy ...