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 Saturday, February 04, 2012
Haiti officials charged 10 Americans with kidnapping children
On February 4, 2010, Haitian authorities charged ten US citizens with kidnapping 33 Hatian children. In January 2010, they were arrested while attempting to transport the children across the Haitian border into the Dominican Republic. The Americans were associated with the Idaho-based group, New Life Children's Refuge (NLCR). Many of the children were not orphans, but given up by their parents to the missionaries in the aftermath of the Haitian earthquake, although group leader Laura Silsby denied charges that the missionaries intended to put the children up for adoption. Each of the ten Americans were charged with one count of kidnapping and one count of criminal association. The kidnapping charges were dropped by March 2010 and all of the missionaries, save Silsby, were allowed to return to the US. Silsby was ultimately tried on charges of irregular travel arrangements involving the children. She was convicted in May 2010 and sentenced to time served.
Haitian coat of arms
Learn more about Haiti from the JURIST news archive and read commentary on the aftermath of the Haitian earthquake from JURIST Special Guest Columnist Amanda M. Klasing in Forum.
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Denmark court sentenced cartoonist attacker to 9 years
On February 4, 2011, A Danish court sentenced Muhideen Mohammed Geelle to nine years in prison for his 2010 attack on Kurt Westergaard, illustrator of the controversial 2005 cartoon depicting the Prophet Muhammad as a suicide bomber. Geelle was armed with an axe and knife when he broke into Westergaard's home in January 2010 in an ostensible assassination attempt. Police shot Geelle and took him into custody after he attacked the officers. In February 2006, Denmark was the target of protests in many Muslim countries after the Danish newspaper Jylklands-Posten published Westergaard's cartoon. Subsequent reprinting of the cartoon and others like it has also sparked additional outrage from Muslim communities.
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Learn more about Denmark and the Prophet Muhammad cartoon controversy from the JURIST news archive.
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Friday, February 03, 2012
Mississippi federal judge dismissed health care challenge
On February 3, 2011, Judge Keith Starrett of the US District Court for the Southern District of Mississippi dismissed a lawsuit challenging the constitutionality of the Patient Protection and Affordable Care Act's (PPACA). Mississippi Lt. Governor Phil Bryant and 10 other residents filed a complaint against the law, challenging the "individual mandate" portion of the law which would force US citizens to purchase health insurance or face tax penalties. Their claim was dismissed for lack of standing under Article III of the US Constitution because it was not sufficiently imminent. The defendants were also successful in arguing that the alleged injury was too remote. In September 2011, Judge Starrett allowed another lawsuit filed by Bryant to proceed. Because of similar challenges, the Supreme Court is expected to rule on the constitutionality of PPACA in 2012.
Read comprehensive coverage of PPACA and the controversy over health care reform in Features.
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Report concluded that Oil-for-Food head 'seriously undermined' UN integrity
On February 3, 2011 the Independent Inquiry Committee (IIC) released a report investigating the UN Oil-for-Food program. The program began to exchange Iraqi oil for food and medicine in 1996, despite international sanctions prohibiting such trading. The report concluded that the program's head, Benon Sevan, solicited improper oil deals and "seriously undermined" the integrity of the UN. Then UN Secretary General Kofi Annan formally suspended Sevan on February 7, 2005. In August 2005 a more detailed report prompted Sevan to also resign his honorary UN position. The August 2005 report accused Sevan of accepting almost $150,000 in bribes through the program. Ahead of the 2003 US invasion of Iraq, the program was suspended. But subsequent investigations proved that the program was rife with corruption and implicated numerous international officials and corporations of receiving kickbacks.
Flag of the UN
Learn more about the United Nations and the oil-for-food program from the JURIST news archive.
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Thursday, February 02, 2012
Rick Perry signed first US order mandating HPV vaccinations
On February 2, 2011, Texas Governor Rick Perry signed an executive order requiring all sixth grade girls in the state to be vaccinated against the human papillomavirus virus (HPV), a sexually transmitted disease that causes cervical cancer. The order was the first of its kind in the US, although Virginia had previously mandated voluntary HPV vaccincation through the state legislature in March 2007. Governor Perry cited "an incredible opportunity to effectively target and prevent cervical cancer" in support of taking the issue out of the Texas legislature's control, where it faced strong opposition. Texas legislators questioned the legality of Perry's order and quickly repealed it with overwhelming support. Similar pieces of HPV vaccination legislation have faced opposition in New Mexico, but enjoyed support in Alaska, the District of Columbia and New Hampshire.
Learn more about Texas and the laws governing vaccines from the JURIST news archive.
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HRW called for end to police violence in Tunisia protests
On February 2, 2011, Human Rights Watch (HRW) called for an end to police attacks and an investigation into the deaths of protesters in Tunisia. The UN previously reported at least 219 people had died in the protests that resulted in the resignation and flight of former president Zine Al Abidine Ben Ali. The calls for investigation from HRW dovetailed with UN Secretary-General Ban Ki-Moon's urging that all sides of the conflict cooperate to reestablish rule of law. The transitional government has since charged and tried Ben Ali in absentia for protester abuse. The country also joined the International Criminal Court (ICC) in June 2011.
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Learn more about Tunisia from the JURIST news archive.
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Wednesday, February 01, 2012
Montana filed water rights lawsuit against Wyoming in Supreme Court
On February 1, 2007, the state of Montana filed a lawsuit against the state of Wyoming in the US Supreme Court, claiming that Wyoming had violated the Yellowstone River Compact, which allocates water rights between the two states and North Dakota. In the lawsuit, Montana alleged that Wyoming had taken more than its share of water through improved irrigation methods and water storage facilities. The Court, which has original jurisdiction over lawsuits "in which a state shall be a party" under Article III of the US Constitution, appointed a special master to conduct fact-finding in October 2008 and ruled in favor of Wyoming in May 2011.
Learn more about Montana, Wyoming and water rights from the JURIST news archive.
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Pakistan court ordered US government worker held on murder charges
On February 1, 2011, a judge for the Lahore High Court in Pakistan ordered that US consulate worker Raymond Davis be held in custody for the murder of two men in Pakistan. The order came over US objections that Davis enjoyed diplomatic immunity. Davis and US embassy officials claimed that Davis shot and killed the victims in self-defense after the men attempted to carjack Davis's vehicle. Davis was later acquitted of the charges after reportedly reaching a $2.35 million "blood money" settlement with the victims' families.
Pakistani coat of arms
Learn more about Pakistan and the laws governing diplomatic immunity from the JURIST news archive.
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Tuesday, January 31, 2012
Illinois governor signed civil union bill into law
On January 31, 2011, Illinois Governor Pat Quinn signed a bill legalizing same-sex civil unions in the state. The Illinois Religious Freedom and Civil Union Act provides "adequate procedures for the certification and registration of a civil union" and grants "persons entering into a civil union with the obligations, responsibilities, protections, and benefits afforded or recognized by the law of Illinois to spouses." Additionally, it allows religious institutions within the state to choose whether to observe or officiate over such unions. The law took effect on June 1, 2011. The Illinois legislature had previously approved the bill in December 2010. Illinois was the seventh US jurisdiction to legalize same-sex civil unions.
Learn more about Illinois and civil unions from the JURIST news archive.
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UK Commons approved amendments narrowing scope of religious hate bill
On January 31, 2006, members of the UK House of Commons narrowly approved a set of amendments to the controversial Racial and Religious Hatred Bill that was previously approved by the UK House of Lords in 2005. The legislation was intended to ensure freedom of speech and exclude simple insults and verbal abuse from the list of punishable offenses under UK law. The religious hatred bill was also written to give followers of all faiths equal protection from incitement to religious hatred. Under the Public Order Act, Jews and Sikhs enjoyed protection from faith hate crimes, but not Muslims, Christians, or followers of other religions. The bill was also written to prohibit extremist Islamist preachers from calling on their members to commit violent acts. The amended version of the bill applies only to threatening and intentionally offensive hate speech and took full legal effect in October 2007.
UK coat of arms
Learn more about the United Kingdom and the laws governing free speech and religious freedom from the JURIST news archive.
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Monday, January 30, 2012
Federal appeals court reinstated Padilla conspiracy charge
On January 30, 2007, the US Court of Appeals for the Eleventh Circuit reinstated a conspiracy charge against alleged terrorist Jose Padilla, reversing a lower court decision that the charge duplicated two other counts against Padilla and his co-defendants. The Eleventh Circuit rejected the argument that the charges against Padilla were a violation of the US Constitution's "double jeopardy" clause, holding that different proof was required to establish each count. US authorities initially suspected Padilla, a US citizen, of planning to set off a radioactive "dirty bomb" in the United States and classified him as an "enemy combatant" in 2002 and, therefore, subject to indefinite detention. Padilla was indicted in November 2005 on unrelated terrorism charges. He was ultimately convicted in August 2007 and sentenced to 17 years in prison.
Jose Padilla
Learn more about Jose Padilla and enemy combatants from the JURIST news archive and read commentary on Padilla's trial from JURIST Guest Columnist Stephen Vladeck in Forum.
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Iran chief judge limited public executions
On January 30, 2008, Iran's chief judge issued a ban against all public executions not specially permitted by the head of the judiciary. Ayatollah Mahmoud Hashemi Shahroudi also banned the publication of pictures and videos of executions and ordered state prosecutors to enforce the bans. Shahroudi was previously responsible for issuing a 2002 moratorium against stoning and declaring a ban on using torture to force confessions. The ban followed an April 2007 report from Amnesty International which named Iran as one of the three highest execution rates in the world, along with China and Pakistan. By August 2008, Iran stopped the use of stoning as a method of execution.
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Learn more about Iran, stoning, and the death penalty from the JURIST news archive.
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Sunday, January 29, 2012
US House voted to extend surveillance law
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Belarus released 7 detainees, including presidential candidate
On January 29, 2011, Belarus released seven people, including a presidential candidate, who were detained in December 2010 following protests over the country's presidential election. The releases were made amid speculation that the European Union (EU) would impose another travel ban on Belarusian President Alexander Lukashenko. Despite the release, Belarus' Minsk City Court handed down sentences to presidential candidates Andrey Sannikau, Uladzimer Nyaklyaeu and Vital Rymasheuski for inciting riots in May 2011. Lukashenko also faced accusations of violating the country's laws and constitution following his election in 2006.
Flag of Belarus
Learn more about Belarus and Alexander Lukashenko from the JURIST news archive.
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