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Rights group calls for amendment of Rwanda 'genocide ideology' laws
Posted: August 31st, 2010, 3:56pm MSD
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[JURIST] Amnesty International (AI) [advocacy website] on Tuesday urged the Rwandan government [report, PDF; press release] to review its "genocide ideology" and "sectarianism" laws, which they say are being used to stifle freedom of speech and expression in the country. The laws were first enacted following the 1994 Rwandan genocide [HRW backgrounder; JURIST news archives], where hate speech and propaganda played a role in inciting violence against the Tutsi minority. In the report, AI acknowledged that prohibiting hate speech is a legitimate goal for the Rwandan government, but called the laws "vague" and "sweeping" and warned that they are being... -
Tasmania approves law recognizing all foreign and national same-sex marriages
Posted: August 31st, 2010, 3:46pm MSD
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[JURIST] The lower house of the Tasmanian Parliament [official website] on Tuesday overwhelmingly approved an amendment to the Relationships Act of 2003 [text], recognizing same-sex marriages [JURIST news archive] and civil unions registered in foreign countries and other Australian states. The amendment was aimed at ending discrimination against same-sex couples and was supported by all but three representatives [ABC report] of the 25-member house. Tasmanian Attorney-General Lara Giddings [official profile] praised the amendment's passage, calling it a small but important step for same-sex couples who want to transfer their foreign marriage license to Tasmania. Several countries have recently addressed the... -
India high court to reconsider Bhopal convictions
Posted: August 31st, 2010, 1:47pm MSD
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[JURIST] The Indian Supreme Court [official website] announced [text, PDF] Tuesday that it will reconsider a 1996 ruling allowing former employees of US chemical producer Union Carbide [corporate website] accused in relation to the 1984 Bhopal chemical spill disaster [BBC backgrounder] to be charged with negligence instead of culpable homicide. Seven men were convicted [JURIST report] in June on charges of "death by negligence" and sentenced to two years in prison and ordered to pay USD $2,100. The convictions were the first related to the Bhopal disaster in which nearly 3,800 people were killed when toxic gas was accidentally released... -
Administrative law judges facing increase in violent threats: report
Posted: August 31st, 2010, 10:02am MSD
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[JURIST] Federal judges responsible for handling Social Security disability claims and immigration hearings are petitioning for increased security measures after data released Monday shows they have been the targets of numerous threats [press release, PDF]. According to the report released by the Association of Administrative Law Judges (AALJ) and the National Association of Immigration Judges (NAIJ) [official websites], security risks for federal employees handling these "emotional" cases have increased over the past five years. Citing a backlog in the number of hearings that "cause anger and anxiety," the data cites 28 violent threats on Social Security offices and nine threats... -
Rights groups file suit over US assassination order of suspected terrorist
Posted: August 31st, 2010, 9:12am MSD
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[JURIST] The American Civil Liberties Union (ACLU) and the Center for Constitutional Rights (CCR) [advocacy websites] filed a lawsuit Monday challenging [complaint, PDF] the US government's authority to conduct "targeted killings" against suspected terrorists. The ACLU and CCR allege that US citizen Anwar al-Awlaqi [NYT profile], suspected of being a member of al Qaeda [GlobalSecurity backgrounder] in Yemen, was placed on "government kill lists." The groups are bringing the suit on his behalf through his father Nasser al-Awlaqi, claiming targeted killings in such instances constitute a process of illegal extrajudicial killings because "outside of armed conflict, both the Constitution and... -
Sri Lanka cabinet approves constitutional changes to remove presidential term limits
Posted: August 30th, 2010, 3:09pm MSD
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[JURIST] The Sri Lankan cabinet on Monday approved proposed constitutional reforms [press release] that would permit current President Mahinda Rajapaksa [official website] to seek an unlimited number of terms in office. The current number of terms for the executive, codified within Chapter VII of the Sri Lankan Constitution [materials], is limited to two. The proposed amendment now moves to the legislature, where two-thirds of Parliament [official website] will have to approve the change. The amendment is scheduled to be presented in Parliament [press release, text] on September 8, and it is widely believed that Rajapaksa enjoys enough support [Xinhua report]... -
Congo rebel leader Bemba claims lack of funds precludes fair trial
Posted: August 30th, 2010, 3:07pm MSD
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[JURIST] Defense lawyers for Democratic Republic of Congo (DRC) former vice president Jean-Pierre Bemba [case materials; JURIST news archive] argued before the International Criminal Court (ICC) [official website] Monday that Bemba lacks the financial resources to ensure a fair trial over war crimes he allegedly committed in 2002 and 2003. Bemba's lawyers claim [AP report] that prosecutors have seized all of Bemba's assets and that a loan from the court's registry is insufficient to cover legal fees and other costs. The court refused to declare Bemba indigent, which would have forced the court to fund Bemba's defense. Prosecutors hope to... -
Forthcoming UN DRC report suggests genocide by Rwanda forces
Posted: August 30th, 2010, 2:57pm MSD
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[JURIST] A forthcoming UN report claims that troops from Rwanda and allied rebels committed crimes in the Democratic Republic of Congo (DRC) [JURIST news archives] that could be classified as genocide if proven by the appropriate court, according to media reports. The draft report, first publicized by French newspaper Le Monde [media website, in French] last week, documents the extreme violence in the DRC from 1993-2003, alleging that tens of thousands of Hutus were killed by Rwandan troops [Le Monde report, in French] during the Congo civil war [GlobalSecurity backgrounder]. Following the 1994 Rwandan genocide [BBC backgrounder; JURIST news archive],... -
Arizona governor asks State Department to drop immigration law from UN rights report
Posted: August 30th, 2010, 2:28pm MSD
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[JURIST] Arizona Governor Jan Brewer [official website] on Friday called on Secretary of State Hillary Clinton to remove any mention of Arizona [letter, PDF] and its passage of SB 1070 [JURIST news archive] from a human rights report [text, PDF; JURIST report] issued by the State Department. The report, submitted to the UN High Commissioner for Human Rights [official website] as part of a universal review, discussed the passage and current injunction of portions of SB 1070 within a section entitled, "A commitment to values in engagements across our borders." Brewer's sternly-worded letter called inclusion of any mention of SB... -
Iran prosecutor reportedly suspended over detainee deaths
Posted: August 30th, 2010, 11:52am MSD
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[JURIST] Tehran prosecutor Saeed Mortazavi has been named by multiple Iranian news sources as one of three top judicial officials who were suspended in connection with the torture deaths of three detained protesters, multiple Iranian media outlets reported [AFP report] Monday. The suspensions were announced last week [JURIST report], but the names of the officials had been withheld. According to the media reports, the other two officials are judges whose identities are still unknown. The suspension will strip Mortazavi of his judicial immunity and clear the way for his prosecution. An Iranian parliamentary inquiry had previously found that Mortazavi was... -
Annan questions Kenya's ICC commitment after al-Bashir visit
Posted: August 30th, 2010, 10:47am MSD
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[JURIST] Former UN secretary-general Kofi Annan [official profile; JURIST news archive] on Sunday urged Kenya to reaffirm its commitment [press release] to the International Criminal Court (ICC) [official website] after it welcomed Sudanese President Omar al-Bashir [case materials; JURIST news archive] to a celebration for the country's adoption of a new constitution [JURIST report] last week. In his statement, Annan expressed his "surprise" at the presence of al-Bashir and called on Kenya to reaffirm its cooperation with the ICC. In a statement [press release] released by Kenya's Ministry of Foreign Affairs [official website], the country defended its decision to extend... -
Microsoft appeals patent infringement case to Supreme Court
Posted: August 30th, 2010, 9:42am MSD
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[JURIST] Microsoft Corporation [corporate website; JURIST news archive] on Friday asked the US Supreme Court [official website] to reconsider a ruling [cert. petition, PDF] of the US District Court for the Eastern District of Texas [official website] finding that the company committed patent infringement [JURIST report] and awarding Canadian-based software company i4i [corporate website] $290 million dollars in damages. i4i alleged that Microsoft willfully infringed on patents it held on XML technology [i4i litigation database], which Microsoft used extensively in Microsoft Word 2007 and 2003 [Reuters report]. In addition to paying $290 million in damages, Microsoft was enjoined from selling... -
Federal appeals court upholds decision finding no link between vaccines and autism
Posted: August 30th, 2010, 8:15am MSD
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[JURIST] The US Court of Appeals for the Federal Circuit [official website] on Friday affirmed [opinion, PDF] a decision issued last year by the US Court of Federal Claims [official website] finding insufficient evidence [JURIST report] to establish a link between childhood vaccines and autism in three test cases. The decision focused on the case of 15-year-old Michelle Cedillo, who received the MMR vaccine [NIH backgrounder] when she was 15 months old and was subsequently diagnosed with autism and various gastrointestinal disorders. Michelle's parents alleged that Thimerosal [FDA backgrounder], the mercury-based preservative found in Michelle's MMR vaccine, damaged her immune... -
Obama administration not bringing charges against alleged USS Cole bomber: WP
Posted: August 29th, 2010, 11:47am MSD
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[JURIST] The Obama administration has halted plans to prosecute Guantanamo Bay [JURIST news archive] detainee Abd al-Rahim al-Nashiri [NYT profile] for his alleged involvement in the 2000 USS Cole attack [JURIST news archive], according to a Washington Post report [text] Thursday. According to the report, the intention not to pursue charges was revealed in a motion filed with the US Court of Appeals for the District of Columbia Circuit by the Department of Justice (DOJ) [official websites]. This intention was revealed by a single sentence in the filing, which states that charges against al-Nashiri are not pending or being considered.... -
Federal judge allows Ohio death penalty challenge to proceed
Posted: August 29th, 2010, 10:18am MSD
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[JURIST] A judge for the US District Court for the Southern District of Ohio [official website] on Friday denied a motion to dismiss [order text] a challenge to the constitutionality of a second execution attempt filed by death row inmate Romell Broom [JURIST news archive]. The challenge was filed in September following a failed execution attempt, in which officials failed to find a vein to administer the injection over the course of two hours. The challenge, filed as a 42 USC § 1983 [text] action, alleges that the failed attempt and any future attempts would violate the Eighth Amendment prohibition... -
Somalia piracy suspect pleads guilty in US court
Posted: August 28th, 2010, 5:26pm MSD
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[JURIST] Somali citizen Jama Idle Ibrahim pleaded guilty [press release] Friday to several charges in the US District Court for the Eastern District of Virginia [official website] for his role in the April attack on the USS Ashland in the Gulf of Aden. Ibrahim, originally charged with piracy [JURIST news archive], reached an agreement with prosecutors to plead guilty to charges of attacking to plunder a vessel, committing an act of violence against persons on a vessel and the use of a firearm in the commission of a crime of violence. The charges carry a maximum of life imprisonment, though... -
Microsoft co-founder sues 11 major web companies over patents
Posted: August 28th, 2010, 3:05pm MSD
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[JURIST] Microsoft co-founder Paul Allen filed suit [complaint, PDF] Friday against Apple, eBay, Google [corporate websites] and eight other corporations in the US District Court for the Western District of Washington [official website], claiming the infringement of four patents related to website navigation and electronic information presentation. According to the complaint, which also names AOL, Facebook, Netflix, Office Depot, OfficeMax, Staples, Yahoo and YouTube [corporate websites], the companies misappropriated technologies patented by Allen's now defunct Interval Research Corporation and currently held by Interval Licensing, LLC. The suit charges that the 11 defendants infringed on a patent that recommends like content... -
ICC reports Kenya to UN over al-Bashir visit
Posted: August 28th, 2010, 2:53pm MSD
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[JURIST] The International Criminal Court (ICC) [official website] on Friday reported Kenya [decision, PDF] to the UN Security Council and the Assembly of States Parties to the Rome Statute over Friday's visit by Sudanese President Omar al-Bashir [case materials; JURIST news archive]. Al-Bashir was in Kenya, an ICC member state, to celebrate the signing of the country's new constitution [JURIST report]. ICC Pre-Trial Chamber I informed the Security Council and Assembly of States Parties of al-Bashir's visit, "in order for them to take any measure they may deem appropriate." Last month, al-Bashir visited Chad, another member state. The ICC also... -
Madagascar ex-president sentenced to life over protester deaths
Posted: August 28th, 2010, 1:56pm MSD
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[JURIST] A court in Madagascar [JURIST news archive] on Saturday sentenced former president Marc Ravalomanana [BBC profile] to life in prison with hard labor for ordering the killing of opposition protesters in February 2009. Ravalomanana, who has been living in South Africa since his ouster in March of last year, was sentenced in absentia [BBC report] on charges of murder and accessory to murder in connection with the deaths of at least 30 people by his presidential guard. The protesters were led by Andry Rajoelina [official profile, in French; BBC profile], who assumed power [JURIST report] after Ravalomanana's resignation. This... -
Arizona files opening brief in immigration law appeal
Posted: August 27th, 2010, 4:10pm MSD
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[JURIST] Arizona Governor Jan Brewer (R) [official website] on Thursday filed the state's opening brief [text, PDF] in the US Court of Appeals for the Ninth Circuit [official website], asking the court to lift the preliminary injunction blocking Arizona's controversial immigration law [SB 1070 materials; JURIST news archive] from taking full effect. In the brief, Arizona argues that the preliminary injunction should be vacated because District Judge Susan Bolton applied the wrong legal standard in issuing the preliminary injunction. The brief argues the district court only found that the law was unconstitutional because it was "likely" to conflict with federal... -
Aide to Iran opposition leader sentenced to 5 years in prison: report
Posted: August 27th, 2010, 2:36pm MSD
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[JURIST] An Iranian court has sentenced Qorban Behzadiannejad, the campaign manager for opposition leader Mir Hossein Mousavi [BBC profile] during the 2009 election [JURIST news archive], to five years in prison, opposition website Kaleme [advocacy website, in Persian] reported [Kaleme report, in Persian] Friday. The report does not identify the charges [AP report] against Behzadiannejad. The former campaign manager was also reportedly fined $100 for insulting President Mahmoud Ahmadinejad [official website]. In June, Mousavi called for the prosecution [JURIST report] of those who committed fraud during the 2009 election and vowed to continue opposing Ahmadinejad. Earlier that month, Iranian Supreme... -
UN race committee calls for end to discrimination against Roma
Posted: August 27th, 2010, 2:30pm MSD
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[JURIST] The UN Committee on the Elimination of Racial Discrimination (CERD) [official website] concluded its 77th session Friday by expressing concern [text] with the discrimination faced by Roma migrants [JURIST news archive] in numerous European countries, focusing on France's recent expulsion policy. The committee's concern was not limited to France's expulsion policy, but also included the behavior of politicians, including "political speeches of a discriminatory nature." CERD noted the seeming contradiction between France's preparation of a national plan to fight racism, while at the same time expelling individuals without any consent:The Committee expressed concern over the difficult situation members of... -
UN Security Council urges justice for DRC rape victims
Posted: August 27th, 2010, 2:07pm MSD
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[JURIST] Members of the UN Security Council [official website] expressed "outrage" [statement; UN News Centre report] Thursday over a recent mass rape in the Democratic Republic of Congo (DRC) [BBC backgrounder; JURIST news archive], calling for justice for the victims. UN representatives allege that Congolese rebel groups Mai Mai and the Democratic Liberation Force of Rwanda (FDLR) [GlobalSecurity backgrounders] raped between 150 and 200 women and children [NYT report] in a small cluster of villages in eastern DRC between July 30 and August 3 of this year. The attackers allegedly blocked all communication [BBC report] from the villages, preventing villagers... -
FCC appeals circuit court ruling on television indecency policy
Posted: August 27th, 2010, 1:26pm MSD
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[JURIST] The Federal Communications Commission (FCC) [official website] on Thursday appealed [text, PDF] a decision [JURIST report] by the US Court of Appeals for the Second Circuit that the agency's television indecency rule [text] is unconstitutionally vague in violation of the First Amendment. The July appellate court decision further held that the FCC's rule, which allowed broadcasters to be fined based on isolated expletives, chills protected speech, as broadcasters would err on the side of not airing controversial matter, rather than face the prospect of significant fines. The agency's appeal for rehearing and an en banc rehearing argues that the... -
Kenya president signs new constitution into law
Posted: August 27th, 2010, 10:11am MSD
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[JURIST] Kenyan President Mwai Kibaki [official profile] signed a new constitution [text, PDF] into law Friday as part of a reform movement aimed at curbing vast presidential powers. Kenya's new constitution includes numerous checks on presidential authority [AP report], among which are the creation of a supreme court and senate. The constitution also requires reforms [Guardian report] to the nation's judiciary and land tenure system and improvements in civil rights and women's representation. The government is now expected to start implementing the new constitution, which could take as long as five years. This document has been received as one of... -
Federal judge sends immigration law decision to Nebraska high court
Posted: August 27th, 2010, 9:33am MSD
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[JURIST] US District Judge Laurie Smith Camp ruled Wednesday that the Nebraska Supreme Court [official website] should be the first forum to address a city of Fremont ordinance [No 5165 text] banning the hiring, harboring or renting of property to illegal immigrants [JURIST news archive]. The order requests that the parties attempt to agree upon the language of a question [Fremont Tribune report] to be submitted to Nebraska's high court and advises that any remaining federal issues will be addressed following that court's decision. The controversial ordinance would require all employers in the city to register for the E-Verify program... -
Spain extradites Montenegrin war crimes suspect to Bosnia
Posted: August 27th, 2010, 8:16am MSD
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[JURIST] Bosnia and Herzegovina's Presidency Chairman Zeljko Komsic [official website, in Croatian] announced Thursday that Spanish officials extradited [press release, in Croatian] accused Montenegrin war criminal Veselin Vlahovic to Sarajevo. Vlahovic, known as the "monster of Grbavica," is wanted on three international arrest warrants, including one for the rape, torture and murder of more than 100 women and children during the 1992-1995 Bosnian civil war [JURIST news archive]. He is expected to face genocide charges [Reuters report] before the country's war crimes court, established in 2005 to assist the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website]. Spanish... -
Prosecutors drop all charges against Blagojevich's brother
Posted: August 26th, 2010, 4:39pm MSD
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[JURIST] Federal prosecutors announced Thursday that they would dismiss all charges against Robert Blagojevich, the brother of former Illinois governor Rod Blagojevich [JURIST news archive]. Robert Blagojevich faced four counts for his suspected involvement in the alleged conspiracy to sell the Senate seat left vacant by President Barack Obama. In a hearing Thursday before Judge James Zagel of the US District Court for the Northern District of Illinois [official website], prosecutors announced that they would proceed with their case against Rod Blagojevich. While Rod Blagojevich was found guilty [JURIST report] earlier this month of making false statements to the FBI,... -
EU socialists claim France Roma deportations violate EU law
Posted: August 26th, 2010, 1:22pm MSD
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[JURIST] The EU Parliament Group of the Progressive Alliance of Socialists & Democrats [official website] on Thursday accused France of violating EU law [press release] by deporting up to 1,000 Roma migrants [JURIST news archive] from the country. The group cited EU directive 38/2004 [text, PDF] for the proposition that EU citizens are free to move within EU territory. The group also raised concerns about allegations of the country fingerprinting deportees, stating that such actions violate the EU Charter of Fundamental Rights and Freedoms [text, PDF] in addition to other laws. Group leader Martin Schulz addressed the group's concerns, stating:As... -
Germany constitutional court rules EU court precedents must be followed
Posted: August 26th, 2010, 12:55pm MSD
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[JURIST] The German Federal Constitutional Court [official website, in German] ruled [judgment, in German; press release, in German] Thursday that German courts must follow precedent established by the European Court of Justice (ECJ) [official website] unless it is clearly a violation of the court's power. The court noted that minor violations of the ECJ's authority would not be enough to disqualify a ruling and that a ruling can be disregarded only if European institutions clearly violate the authority granted to them at the expense of the authority of the member states. The court's ruling came in a case involving a... -
UN considers new international tribunal for piracy trials
Posted: August 26th, 2010, 12:16pm MSD
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[JURIST] The UN Security Council [official website] on Wednesday began considering several options [report text] to help counter ongoing piracy off the coast of Somalia [JURIST news archive], including the creation of a new international tribunal. In a report released last week, UN Secretary-General Ban Ki-moon [official website] suggested that the UN must establish, or continue to help countries establish, the means to prosecute individuals accused of committing acts of piracy [UN News Centre report], particularly in the high-traffic Indian Ocean and surrounding waters. Ban also explained the challenges facing the UN in pursuing a new international court:The Security Council... -
Croatia extradites convicted Djindjic assassin to Serbia
Posted: August 26th, 2010, 9:19am MSD
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[JURIST] Croatian authorities on Wednesday extradited a man to Serbia for his connection with the 2003 assassination [JURIST report] of former Serbian prime minister Zoran Djindjic [BBC obituary; memorial website, in Serbian]. Sretko Kalinic was discovered by authorities in Zagreb in June [Xinhua report] after he was shot by a member of the Zemun gang, a Serbian organized crime ring. Kalinic, a dual citizen of Croatia and Serbia, was also a member of the gang [Reuters report], which has been linked to political killings in the early 2000s, including the Djindjic assassination. Kalinic was convicted in absentia in 2007 of... -
Wal-Mart appeals class action certification to Supreme Court
Posted: August 26th, 2010, 8:30am MSD
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[JURIST] Wal-Mart [corporate website; JURIST news archive] petitioned [text, PDF] the US Supreme Court [official website] Wednesday to reconsider a decision by the US Court of Appeals for the Ninth Circuit [official website] affirming class action certification [opinion, PDF; JURIST report] in a gender discrimination case. The company has asked the court to examine whether the appeals court's April ruling was proper under Title VII of the Civil Rights Act of 1964, the Due Process Clause, the Seventh Amendment and Federal Rule of Civil Procedure 23 (FRCP) [texts]. Wal-Mart's position is that the class is overbroad and that the Ninth... -
Uganda court overturns anti-sedition law
Posted: August 25th, 2010, 3:35pm MSD
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[JURIST] A panel of the Ugandan Constitutional Court [official website] ruled unanimously Wednesday that a law criminalizing sedition violates the guarantees of free speech and freedom of the press under the Ugandan Constitution [text, PDF]. The law made it a crime to say or publish statements that promoted hatred, contempt or disaffection for the Ugandan government, president or judiciary [GlobaLex backgrounder]. A conviction could carry a sentence of seven years. The law was first challenged by Andrew Mwenda four years ago, after he was charged with sedition [JURIST report] in 2005. The court held that the law unconstitutionally restricts [New... -
Yemen counter-terror methods violate human rights: AI
Posted: August 25th, 2010, 2:09pm MSD
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[JURIST] Amnesty International (AI) [advocacy website] on Wednesday criticized [report, PDF; press release] methods used by the government of Yemen [JURIST news archive] in counter-terror operations as violations of human rights. In a report, "Yemen: Cracking Down Under Pressure," the rights group accused the government of perpetrating numerous human right abuses in attempting to quell the rebel movements of the Zaidi Shi'a [Al Jazeera backgrounder] in the north and the Southern Movement, in addition to its US-sponsored actions against al Qaeda [CFR backgrounder]. These alleged abuses include arbitrary arrests, torture, extrajudicial killings and forced disappearances, among other actions taken by... -
Equatorial Guinea defends executions over 2009 coup
Posted: August 25th, 2010, 1:55pm MSD
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[JURIST] Equatorial Guinea on Tuesday defended the execution of four men convicted on Saturday of attempting to assassinate President Teodoro Obiang during a 2009 attack on the presidential palace. Jose Abeso Nsue, Manuel Ndong Anseme, Alipio Ndong Asumu and Jacinto Micha Obiang were executed immediately after being convicted by a military court in Malabo. Amnesty International (AI) [advocacy website] condemned the execution [press release] on Monday claiming that the four men were detained in Black Beach prison in Malabo where they were tortured into giving false confessions. Denouncing the government's judicial procedure, AI Africa Director Erwin van der Borght stated:These... -
DOJ to appeal decision blocking funding for stem cell research
Posted: August 25th, 2010, 1:11pm MSD
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[JURIST] The US Department of Justice [DOJ] [official website] announced Tuesday that it will appeal a preliminary injunction [JURIST report] issued earlier this week blocking federal funding for embryonic stem cell [JURIST news archive] research. The DOJ will seek to appeal the suspension and also to stay the suspension while the appeal is pending. Last year, President Barack Obama signed an executive order [JURIST report] permitting federal funding for some forms of embryonic stem cell research. Despite the executive order, Chief Judge Royce Lamberth of the US District Court for the District of Columbia [official website] held that evidence showed... -
Switzerland activists withdraw from campaign to reinstate death penalty
Posted: August 25th, 2010, 12:00pm MSD
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[JURIST] Capital punishment advocates in Switzerland on Wednesday unexpectedly withdrew [advocacy website, in German] from their campaign to reinstate the death penalty [JURIST news archive] only one day after the Federal Chancellery [official website, in German] allowed them to begin collecting signatures [JURIST report] in support of a referendum [text, in German]. The advocacy group did not give a reason for its sudden withdrawal from the campaign, though it continues to argue that the Swiss criminal justice system hurts victims by failing to adequately punish those convicted of serious crimes. On Tuesday, the Swiss government set a six-month deadline for... -
Ex-Khmer Rouge leader appeals conviction
Posted: August 25th, 2010, 10:56am MSD
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[JURIST] Lawyers for former Khmer Rouge [BBC backgrounder] official Kaing Guek Eav [case materials; JURIST news archive] on Tuesday filed a notice of an appeal [text, PDF] of his conviction by the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website]. Last month, the trial chamber of the ECCC convicted Kaing [JURIST report], also known as "Duch," of crimes against humanity and of violating the 1949 Geneva Conventions, sentencing him to 35 years in prison. Kaing's sentence was reduced to 19 years after the court considered time served as well as other factors. The defense's appeal calls for Kaing's... -
Wyoming same-sex marriage ban challenged
Posted: August 25th, 2010, 10:08am MSD
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[JURIST] A gay couple has filed suit [Justia docket] in the US District Court for the District of Wyoming [official website] challenging the state's law defining marriage [20-1-101 text] as only existing between a man and a woman. The suit was filed earlier this month by David Shupe-Roderick and Ryan W. Dupree of Cheyenne after they were denied a marriage license from the office of the Laramie County Clerk [official website]. The plaintiffs are seeking an injunction against the enforcement of any law that denies same-sex couples the right to civil marriage. The district attorney has yet to comment on... -
Conservative Austria party calls for vote to ban minarets, face veils
Posted: August 25th, 2010, 9:24am MSD
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[JURIST] Austria's conservative Freedom Party [official website, in German] on Monday called for a special vote [press release, in German] on whether to ban face veils and the construction of minarets, two of the most visible symbols of the Islamic faith. Specifically, the referendum would ask Viennese citizens to decide whether to ban the construction of mosques with minarets, whether to ban the wearing of the burqa and the niqab [JURIST news archives] and whether the government should require Muslim citizens to sign a statement affirming a commitment to Austrian secular law over the Sharia law [CFR backgrounder; JURIST news... -
Israel police call for ex-PM to stand trial on real estate corruption charges
Posted: August 25th, 2010, 8:49am MSD
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[JURIST] The Israeli Police [official website] on Monday recommended that former prime minister Ehud Olmert [official profile; JURIST news archive] stand trial for his alleged involvement in the Holyland bribery scandal that occurred during his time as mayor of Jerusalem. A investigation was commenced [JURIST report] in April to probe Olmert's involvement in the alleged scandal in which top Jerusalem officials are believed to have taken bribes for enabling the construction of a high-rise luxury housing development. The police now suspect Olmert [AP report] of fraud, breach of trust and taking bribes to promote the project. Seven former officials have... -
Federal court denies habeas petition in Davis death penalty case
Posted: August 25th, 2010, 8:16am MSD
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[JURIST] The US District Court for the Southern District of Georgia [official website] on Tuesday denied [order part 1, PDF; part 2, PDF] the habeas corpus petition of Troy Anthony Davis [advocacy website; JURIST news archive], convicted and sentenced to death for murdering an off-duty Savannah, Georgia, police officer. After Davis exhausted his appeals under the Antiterrorism and Effective Death Penalty Act [text], the US Supreme Court [official website] took the rare step of granting [order, PDF; JURIST report] his original writ of habeas corpus [cert. petition, PDF] and instructed the district court to examine new findings of fact in... -
Turkish prosecutors to investigate allegations of fabricated coup plot
Posted: August 24th, 2010, 6:21pm MSD
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[JURIST] Turkish prosecutors on Tuesday announced plans to investigate claims by Eskisehir Police Chief Hanefi Avci that evidence of several alleged coups plots, particularly Ergenekon [BBC backgrounder; JURIST news archive], was fabricated. Avci alleged in a book he recently published, Devotee Residents of Halich: Yesterday State, Today Religious Congregation, that the evidence was distorted and fabricated [Sabah report, in Turkish] by followers of Islam preacher Fethullah Gulen [official website], in effort to weaken the ruling Justice and Development Party (AKP) [party website, in Turkish]. Avci also claimed the Ergenekon trials were concocted by Turkey's government to silence critics [Today's Zaman... -
California lawmakers urge federal government to repeal Defense of Marriage Act
Posted: August 24th, 2010, 12:32pm MSD
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[JURIST] The California Senate voted 22-12 [roll call vote] Monday in favor of a joint resolution [AJR 19 text; materials] to urge the federal government to repeal the Defense of Marriage Act (DOMA) [text; JURIST news archive]. Among other concerns, the resolution states that, under the law, same-sex couples legally married in the state are prevented from accessing the federal rights and benefits afforded to opposite-sex spouses, including the right to sponsor a spouse for immigration, the right to Social Security survivors benefits, the right to health insurance from a spouse who is federally employed and the right to jointly... -
State Department releases UN human rights review
Posted: August 24th, 2010, 11:42am MSD
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[JURIST] The US State Department (DOS) [official website] on Monday released a report [text, PDF; press release] on human rights in the US, which was presented to the UN High Commissioner on Human Rights (UNHCHR) [official website] last week. The report was submitted in order to comply with the rules of the UN Human Rights Council (UNHRC) [official website], which require council members to conduct an evaluation of the human rights situation in their countries every four years. The US was elected to a seat on the UNHRC for the first time in December, after the announcing they were seeking... -
Switzerland activists move to reinstate death penalty
Posted: August 24th, 2010, 10:08am MSD
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[JURIST] Capital punishment advocates in Switzerland can begin collecting signatures in support of a referendum [text, in German] to reinstate the death penalty [JURIST news archive] for those convicted of murder, the Federal Chancellery [official website, in German] announced Tuesday. Campaigners for the referendum have until February 24, 2012, to accumulate at least 100,000 signatures in support of the measure in order to force a national popular vote. Capital punishment was abolished from Switzerland's criminal code in 1942 and remained part of the country's military laws until 1992. The last military execution, however, took place in 1944. The Swiss Federal... -
Federal judge blocks federal funding for embryonic stem cell research
Posted: August 24th, 2010, 8:28am MSD
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[JURIST] A judge for the US District Court for the District of Columbia [official website] issued a preliminary injunction [opinion text] Monday blocking federal funding for embryonic stem cell [JURIST news archive] research. Last year, President Barack Obama signed an executive order [JURIST report] permitting federal funding for some forms of embryonic stem cell research. Despite the executive order, Chief Judge Royce Lamberth held that evidence showed the plaintiffs were substantially likely to prevail based on existing law. The Balanced Budget Downpayment Act of 1996 contained a rider known as the Dickey-Wicker Amendment, which restricted funding for "research" where an... -
Engineering firm reaches settlement over Minneapolis bridge collapse
Posted: August 23rd, 2010, 3:51pm MSD
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[JURIST] Engineering firm URS Corporation [corporate website] agreed Monday to a $54.2 million settlement [RKMC press release; URS press release] stemming from the 2007 Minneapolis bridge collapse [MPR backgrounder] that killed 13 people. Victims sued URS for negligence, claiming that the company, which has a contract to inspect Minnesota's bridges, should have foreseen that the bridge could collapse due to increased weight from construction projects. Under the agreement, URS's insurer will pay $48.6 million [Minneapolis Star Tribune report] to victims injured in the collapse, $2.268 million to insurance companies that covered property damage and workers compensation claims, and $1.5 million... -
Independent $20 billion oil spill victim fund begins processing claims
Posted: August 23rd, 2010, 2:24pm MSD
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[JURIST] The administrator of the Gulf Coast Claims Facility (GCCF) [official website] announced Monday that the GCCF is in service and will begin processing claims [press release] from the $20 billion fund established by British Petroleum (BP) [corporate website] to aid victims of the Deepwater Horizon oil spill [BBC backgrounder; JURIST news archive] in the Gulf of Mexico. The GCCF, an independent facility, was implemented in June to manage claims from the fund after negotiations [JURIST report] between BP and the US Department of Justice (DOJ) [official website]. BP announced last week that it paid out $368 million in claims...