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Supreme Court rules state tort law claims preempted by federal locomotive statute
Posted: February 29th, 2012, 10:19pm MSK
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[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Wednesday in Kurns v. Railroad Friction Products Corp. [SCOTUSblog backgrounder] that the federal Locomotive Inspection Act (LIA) [49 USC § 20701] preempts state-law design-defect and failure-to-warn claims because these claims fall within the field of locomotive equipment regulation preempted by the act. The petitioner, George Corson, contracted mesothelioma and passed away after working as a welder and mechanic on the braking system of trains which contained asbestos. Corson had urged the court [JURIST report] to construe the LIA narrowly as applying to the safety of locomotives in use on railroad... -
US House approves bill restricting eminent domain
Posted: February 29th, 2012, 9:56pm MSK
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[JURIST] The US House of Representatives [official website] approved legislation [HR 1443 text] on Tuesday restricting the ability of states to take control over private property for public use under eminent domain [Cornell LII backgrounder; JURIST news archive]. The Private Property Rights Protection Act of 2012 [materials] would effectively overturn the 2005 US Supreme Court [official website] decision in Kelo v. City of New London [text], authored by retired justice John Paul Stevens. The Kelo case drew sharp criticism, particularly from Republicans who believed the court disregarded the traditional standard for "public use." The proposed act would prevent states from... -
Top al Qaeda official reportedly arrested at Egypt airport
Posted: February 29th, 2012, 8:27pm MSK
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[JURIST] Former al Qaeda [JURIST news archive] military commander Saif al-Adel [Telegraph profile] was arrested at an airport in Cairo [Al Ahram report] on Tuesday, according to the Egyptian media. Egyptian security officials detained al-Adel upon his arrival after noticing that his name appeared on the passenger list on a flight from Pakistan. Before he was taken away for questioning, however, al-Adel contended that Egyptian officials had mistaken his identity [BBC report], and that he was not the al Qaeda official that authorities sought. Doubts have since emerged over whether the man detained on Tuesday is actually al-Adel. The Christian... -
Egypt judges withdraw from NGO case
Posted: February 29th, 2012, 8:18pm MSK
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[JURIST] All three judges responsible for adjudicating the criminal prosecution of 43 non-governmental organization (NGO) employees withdrew from the case on Tuesday. It is not clear why the judges chose to withdraw [AP report], but Egyptian lawyer and rights activist Ahmed Seif al-Islam suggested it could be a result of political pressure. The case, tried in a Cairo Criminal Court, involves individuals that have been charged with promoting democracy [JURIST report] in Egypt without proper documentation and through the use of illegal funds. The suspects, including 16 Americans, 27 other foreigners and Egyptians, are employees of NGOs that advocate democracy... -
Guantanamo Bay prisoner pleads guilty to terror charges
Posted: February 29th, 2012, 8:08pm MSK
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[JURIST] Majid Khan [GlobalSecurity profile], a Guantanamo Bay [JURIST backgrounder] prisoner who is linked with al Qaeda, pleaded guilty [text, PDF] on Wednesday to five terror charges including conspiracy, attempted murder and murder. Per his plea bargain, Khan must testify against fellow "high value" prisoners who are alleged to have been involved in the 9/11 terrorist attacks [JURIST backgrounder]. The list of detainees against whom Khan will testify includes Khalid Sheikh Mohammed [BBC profile], one of the alleged designers of the 9/11 attacks, and others who are also believed to have been involved. In return for his cooperation Khan will... -
Federal court issues new Texas voting district maps
Posted: February 29th, 2012, 7:01pm MSK
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[JURIST] A panel of three judges in the US District Court for the Western District of Texas [official website] on Tuesday issued new voting maps [materials] for use in the 2012 elections. The new maps were issued after the US Supreme Court [official website] rejected [JURIST report] Texas's interim redistricting maps in an emergency appeal [JURIST report] filed to challenge an interim map drawn up by the US District Court for the Western District of Texas. The Supreme Court rejected the initial interim maps, finding that, "it is unclear whether the District Court for the Western District of Texas followed... -
Supreme Court hears arguments on corporate liability for torture overseas
Posted: February 29th, 2012, 6:51pm MSK
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[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] in two cases on Tuesday. In Kiobel v. Royal Dutch Petroleum Co. [transcript; JURIST report], the court heard arguments on whether three oil companies are immune from US lawsuits under the Alien Tort Statute of 1789 (ATS) [text] for alleged torture and international law violations that took place overseas. International law does not address corporations in defining who can be sued for human rights abuses. While accepting that international law is the proper authority to define human rights violations, the petitioners, Nigerian plaintiffs suing foreign-based oil companies,... -
UK urges changes to the European human rights convention
Posted: February 29th, 2012, 6:33pm MSK
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[JURIST] The UK has begun circulating a proposal for changes to the European Convention on Human Rights [text], which was leaked to the press on Tuesday. The proposal, entitled the Brighton Declaration [text, PDF], began circulating to member states last week. It is expected to be voted on in April when members states meet to discuss the future of the European Court of Human Rights (ECHR) [official website]. The proposal calls for a number of amendments [BBC report] to the convention with the most notable allowing the court to issue advisory opinions. Additionally, the would allow nations greater leeway in... -
France constitutional court declares genocide denial ban unconstitutional
Posted: February 28th, 2012, 11:10pm MSK
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[JURIST] The Constitutional Council of the French Republic [official website, in French] on Tuesday ruled [judgment, in French] that a French law [materials, in French] making it a crime to deny that Armenians suffered a genocide by the Ottoman Empire in 1915 is unconstitutional. Ultimately, the Council found [AFP report] that the law's provisions allowing the imposition of a €45,000 fine, a one-year prison sentence, or both, on those who deny the genocide violates various free speech safeguards within France's founding documents, namely the Constitution of France [text] and the Declaration on Human and Civic Rights [text, PDF]. Turkish Foreign... -
Supreme Court declines to rule on Asian carp
Posted: February 28th, 2012, 9:59pm MSK
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[JURIST] The US Supreme Court [official website] on Monday declined to grant an injunction, and denied a petition for writ of certiorari [orders list, PDF] in Michigan v. US Army Corp. of Engineers [SCOTUSblog backgrounder]. Five states petitioned the court [JURIST report] in October asking them to overturn a lower court ruling and to require the US Army Corps of Engineers [official websites] to accelerate a study on ecological separation as well as installation of nets to stop the advancement of Asian carp [EPA backgrounder] toward Lake Michigan. The current study on how to keep the invasive Asian carp from... -
Virginia Senate approves voter ID bill
Posted: February 28th, 2012, 9:02pm MSK
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[JURIST] The Virginia Senate [official website] on Monday approved a bill [SB 1, PDF] requiring identification from those trying to vote in elections. The bill passed 21-20 after an initial 20-20 deadlock that was broken by Lt. Governor Bill Bolling [official website]. The bill requires voters to provide:A current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the voter. Such individual who desires to vote in person but who does not show one of the forms of identification specified... -
Germany high court rules eurozone stimulus oversight procedure unconstitutional
Posted: February 28th, 2012, 8:59pm MSK
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[JURIST] Germany's Federal Constitutional Court [official website, in German] on Tuesday ruled [press release, in German] that use of a parliamentary subcommittee to fast-track decisions related to eurozone bailouts is unconstitutional, and that such decisions require full oversight of the Bundestag, the national Parliament of the Federal Republic of Germany [official website]. Two lawmakers brought the challenge to a parliamentary procedure, which allowed a nine-member parliamentary subcommittee to expedite decisions about lending money in the event of an aid request from the European Financial Stability Facility (EFSF) [official website]. According to the court, under the German constitution, legislators have a... -
Iran executions doubled in 2011: Amnesty
Posted: February 28th, 2012, 8:40pm MSK
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[JURIST] Iran executed twice as many people in 2011 as it did in the previous year, Amnesty International (AI) [advocacy website] reported [text, PDF] Tuesday. The report, entitled "'We Are Ordered to Crush You': Expanding Repression of Dissent in Iran," chronicles widespread international human rights violations that Iran's government has allegedly perpetrated over the past year. The AI report claims that the most common targets of Iran's crackdown on human rights are lawyers, rights activists, filmmakers, journalists and political leaders. The report also details the nature of these human rights violations, which include torture and ill treatment in detention, abysmal... -
ICTR to transfer second genocide case to Rwanda court
Posted: February 28th, 2012, 8:32pm MSK
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[JURIST] The International Criminal Tribunal for Rwanda (ICTR) [official website] has decided to transfer the case [text, PDF] of Fulgence Kayishema [case materials] to the Rwandan authorities. The three-panel Referral Chamber ordered the transfer so that Rwandan authorities can refer the case to the High Court of Rwanda for trial under Rule 11 bis authorizing the transfer of cases to national jurisdictions. The Chamber further mandated that all case materials concerning the indictment [text, PDF] against Kayishema be handed over to the Prosecutor General of Rwanda within 30 days after the decision. Kayishema, former Judicial Police Inspector of Kivumu Commune... -
Thailand court convicts 'yellow shirt' leader of corporate fraud
Posted: February 28th, 2012, 7:27pm MSK
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[JURIST] The Bangkok Criminal Court on Tuesday convicted a leader of the royalist People's Alliance for Democracy Network [BBC backgrounder], known as "yellow shirts," of corporate fraud. Yellow shirt movement founder and Thai media mogul Sondhi Limthongkul was sentenced to 20 years in prison without parole for violating the Securities and Exchange Act [text, PDF] by fraudulently securing a loan for 1.1 billion baht (USD $36 million) during the 1990s. Sondhi confessed to the charges [Bangkok Post report], and his jail term was shortened from 42 and a half years to 20 years, the maximum allowed by law. Sondhi made... -
Supreme Court hears arguments on jurisdiction over constitutional claims
Posted: February 28th, 2012, 7:07pm MSK
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[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] in two cases on Monday. In Elgin v. Department of Treasury [transcript; JURIST report], the court heard arguments on whether federal district courts have jurisdiction over constitutional claims for equitable relief brought by federal employees under the Civil Service Reform Act (CSRA) [materials]. The petitioners argued that the CSRA was never intended to review constitutional claims, therefore the jurisdiction issue is non-material. The respondents, the Solicitor General's office, argued that the Merit Systems Protection Board (MSPB) should determine whether a claim can be heard in district court.... -
UN rights chief calls for immediate cease-fire in Syria
Posted: February 28th, 2012, 6:17pm MSK
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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile], in a speech to the UN Human Rights Council [official website] during an emergency session on Tuesday, called for an immediate end to the violence [text] in Syria. Pillay accused the Syrian forces of committing human rights violations and urged the government to stop its escalating violence against civilians. She also asked the government to support humanitarian efforts and justice for victims:I further call upon the Government of Syria to allow independent international monitors to visit all places of detention and grant unhindered access to humanitarian actors. I also... -
EU Kosovo authorites arrest 6 Serbia government agents
Posted: February 28th, 2012, 4:48pm MSK
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[JURIST] The European Union Rule of Law Mission in Kosovo (EULEX) [official website] announced Monday that it arrested six Serbian officials [press release] in Kosovo [BBC backgrounder] on Saturday, under allegations that they were "suspected of exerting undue pressure [...] not to recognize Kosovo institutions." In a closed hearing [B92 report], a judge determined that five of the suspects will be held for a month for further investigation. One suspect was released by the special prosecutor. Several of the detained Serbians carried Minister of the Interior (MUP) [official website] credentials, and one had papers from the International Police Association (IPA)... -
Syria voters approve new constitution
Posted: February 27th, 2012, 10:09pm MSK
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[JURIST] Over 80 percent of voters in Syria [JURIST news archive] have voted to approve the new Syrian constitution [text], officials said Monday. The proposed constitution will impose term limits on the president as well as provide for a multi-party system. However, the term limits will theoretically begin once the constitution passes, meaning President Bashar al-Assad's previous time in office will not be counted against the term limits. Sunday's referendum in which Syrians has been called a "farce" by Western leaders and has been condemned [Independent report] as a "sham vote" which cannot be a way of resolving the violence... -
Thousands in Sri Lanka protest proposed UN war crimes resolution
Posted: February 27th, 2012, 9:09pm MSK
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[JURIST] Thousands of Sri Lankans joined government-sponsored protests on Monday in opposition to a proposed UN Human Rights Council [official website] resolution concerning crimes that allegedly occurred during the country's civil war. The protests, which were planned throughout 150 cities on the same day that the council began a four-week session in Geneva, were organized in an attempt to show the country's opposition to Western countries backing the UN resolution which calls for an investigation into alleged war crimes [BBC report] committed by both the Sri Lankan government and the Liberation Tigers of Tamil Eelam (LTTE) [TIME backgrounder]. Sri Lankan... -
Credibility of Cambodia genocide tribunal questioned
Posted: February 27th, 2012, 8:40pm MSK
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[JURIST] Dr. Mark Ellis, executive director of the International Bar Association (IBA) [official website] on Sunday published the second in a series of reports examining the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website]. The report [text, PDF], "The ECCC- A Failure of Credibility," asserts that the legitimacy of the ECCC is undermined, and, in order to promote international justice, a criticism of the court's failure to meet international standards must be undertaken. Ellis spent a week at the court observing the trials and speaking with individuals. Ellis asserts that both judicial misconduct and interference from the executive... -
Indonesia high court reinstates 15-year sentence for radical cleric
Posted: February 27th, 2012, 7:29pm MSK
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[JURIST] The Supreme Court of Indonesia [official website, in Indonesian] on Monday restored a 15-year prison sentence for radical Indonesian cleric Abu Bakar Bashir [JURIST news archive] for his conviction on terrorism charges. Bashir appealed to the Supreme Court his conviction by the Jakarta High Court, which had reduced his prison sentence from 15 years to nine years [JURIST report], in an effort to be cleared of terrorism charges and released from prison altogether. However, the Supreme Court rejected Bashir's appeal and reinstated the original 15-year prison sentence [JURIST report]. Regarded as a spiritual leader of militant Islam in Indonesia,... -
BP oil spill trial postponed to allow more time for settlement agreement
Posted: February 27th, 2012, 6:31pm MSK
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[JURIST] Judge Carl Barbier of the US District Court for the Eastern District of Louisiana [official website] postponed the trial over the Gulf of Mexico Deepwater Horizon oil spill [BBC backgrounder; JURIST news archive] Monday, hours before it was set to begin, in order to give British Petroleum (BP) [corporate website] more time to reach a settlement agreement. Barbier adjourned [UPI report] the start of this multi-billion dollar trial after a conference call between the parties a week earlier, in hopes that talks between the parties could produce a settlement. BP could be liable for up to $52 billion in... -
Spain high court acquits judge Garzon in abuse of power case
Posted: February 27th, 2012, 6:26pm MSK
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[JURIST] The Spanish Supreme Court [official website, in Spanish] in a 6-1 decision acquitted [judgment, in Spanish] Spanish Judge Baltasar Garzon [BBC profile; JURIST news archive] Monday of abuse of power charges [JURIST report]. Garzon was charged with abusing power by ordering the exhumation [JURIST report] of 19 mass graves in Spain in order to assemble a definitive national registry of Civil War victims, despite a 1977 law that provides amnesty for Franco-era crimes. Garzon testified in the trial [JURIST report] last month, denying that his investigation was politically motivated, stating that he was seeking justice for the victims of... -
Nigeria ex-governor pleads guilty to money laundering charges in UK court
Posted: February 27th, 2012, 6:00pm MSK
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[JURIST] The former governor of Delta state [official website] in Nigeria, James Ibori, pleaded guilty in a UK court on Monday to 10 counts of money laundering and conspiracy to commit fraud. The former governor of Nigeria's oil-rich state is one of the wealthiest, most influential political figures in the country. Ibori was extradited to London to stand trial after British police accused him of laundering [BBC report] $250 million during an eight-year period. Before the UK trial commenced, Ibori switched his plea to guilty for laundering money in the UK through off-shore accounts, in order to obtain a better... -
Egypt court adjourns trial of NGO employees until April
Posted: February 26th, 2012, 11:00pm MSK
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[JURIST] A Cairo Criminal Court judge on Sunday adjourned the trial of 43 non-governmental organization (NGO) employees, including 16 Americans and 27 other foreigners, until April following the first day of the trial. Employees of the International Republican Institute, the National Democratic Institute and Freedom House [advocacy websites] are being charged with promoting democracy in the country without proper licenses and using illegally received foreign funding. On the first day of trial, only 14 of the 43 defendants were present, even though it was compulsory that they appear under Egyptian law. None of the defendants from America or Europe was... -
Former Yugoslavia municipal officer sentenced to 2 years for refusing to testify
Posted: February 26th, 2012, 7:36pm MSK
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[JURIST] The International Criminal Tribunal for the Former Yugoslavia (ICTY) [official website; JURIST news archive] on Friday sentenced [judgment summary, PDF] former president of the municipality of Sokolac, Bosnia and Herzegovina, Milan Tupajic [ICTY case summary, PDF], to two years in prison on two counts of contempt for refusing to testify against Radovan Karadzic [ICTY case summary, PDF], founding member of the Serbian Democratic Party (SDS) who is being tried for several war crimes including genocide. Tupajic claimed that he was unable to testify because of his health, among other reasons, but the court rejected that idea, saying:The Chamber reviewed... -
Syria holds constitutional referendum
Posted: February 26th, 2012, 6:07pm MSK
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[JURIST] Syria held a referendum Sunday to vote on a new constitution [text]. The gesture towards the opposition by President Bashar al-Assad [BBC profile; JURIST news archive] has widely been seen as an empty one, with much of the international community calling it a "sham" [AP report]. The vote comes just one day after reportedly 89 people were killed in Homs, the center of the opposition. The proposed constitution will impose term limits on the president as well as provide for a multi-party system. However, the term limits will theoretically begin once the constitution passes, meaning Assad's previous time in... -
US lawmakers to appeal Defense of Marriage Act ruling
Posted: February 25th, 2012, 11:02pm MSK
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[JURIST] Lawyers for the Bipartisan Legal Advisory Group notified the US Court of Appeals for the Ninth Circuit [official website] on Friday that they plan to appeal the ruling earlier this week in the US District Court for the Northern District of California [official website] that the Defense of Marriage Act (DOMA) [text; JURIST news archive] is unconstitutional [JURIST report]. House Speaker John Boehner, Majority Leader Eric Cantor and Majority Whip Kevin McCarthy [official websites] of the advisory group are pursuing the appeal [AP report]. The advisory group's two Democratic members, Minority Leader Nancy Pelosi and Democratic Whip Steny Hoyer... -
Federal judge dismisses challenge to Google privacy changes
Posted: February 25th, 2012, 10:12pm MSK
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[JURIST] A judge for the US District Court for the District of Columbia [official website] dismissed [opinion, PDF] a suit on Friday 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 [corporate website] proposed privacy policy changes [text]. EPIC brought suit against the FTC earlier this month [JURIST report]. The new policy allows a user's information to be shared among different Google products, including YouTube, Gmail, and Google Maps. EPIC alleged that the changes to the privacy policy were in violation [EPIC materials] of a... -
Italy court dismisses Berlusconi corruption case
Posted: February 25th, 2012, 6:44pm MSK
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[JURIST] A Milan court on Saturday dismissed corruption charges against former Italian prime minister Silvio Berlusconi, [Guardian backgrounder; JURIST news archive], finding that the statute of limitations had expired. Berlusconi was on trial for allegedly bribing his British tax lawyer, David Mills, to lie when testifying about Berlusconi and his holding company Fininvest in two trials that took place in the 1990s. fBerlusconi, who was in office during most of the five-year-long proceedings, has been accused by some critics of attempting to use the majority he had as Prime Minister to change the law in order to give himself immunity... -
Maine to put same-sex marriage referendum on November ballot
Posted: February 25th, 2012, 5:57pm MSK
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[JURIST] A pro-same-sex marriage group in Maine, EqualityMaine [advocacy website], has gathered enough signatures to place a same-sex marriage [JURIST news archive] referendum on the November ballot. The question reads: "Do you favor a law allowing marriage licenses for same-sex couples that protects religious freedom by ensuring no religion or clergy be required to perform such a marriage in violation of their religious beliefs?" Same-sex marriage opponents will have 10 days to challenge the signatures [Reuters report] in an attempt to stop the bill from being placed on the ballot. In 2009, the Maine legislature passed a same-sex marriage bill,... -
US immigration judge rules former El Salvador general may be deported
Posted: February 24th, 2012, 11:14pm MSK
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[JURIST] A federal immigration judge in Florida decided Thursday that former El Salvador General Carlos Eugenio Vides Casanova can be deported for war crimes and crimes against humanity committed while in El Salvador. Judge James Grim found [NYTimes report] that Vides assisted in both the killing of four American women in 1980 and the torture of two Salvadorans during El Salvador's 12-year civil war [PBS backgrounder]. Although this was not an official order for Vides' deportation, it is a confirmation that the government has the ability to deport him based on charges brought against him by the Human Rights Violators... -
Accused war criminal calls Yugoslavia tribunal 'biased'
Posted: February 24th, 2012, 10:14pm MSK
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[JURIST] Former Commander of the Bosnian Serb Army, Ratko Mladic [BBC profile; JURIST news archive], accused the International Criminal Tribunal for the former Yugoslavia (ICTY) of being "biased" against Serbs and a "puppet" of the North Atlantic Treaty Organization (NATO) [official websites]. Mladic faces charges [case background] of genocide and crimes against humanity, including murder, political persecution, forcible transfer and deportations, cruel treatment, and the taking of peacekeepers as hostages committed by Bosnian Serb forces under his command during the Bosnian civil war, which saw more than 100,000 casualties and hundreds of thousands more displaced. Mladic continues to deny all... -
Somalia ex-PM will not contest war crimes claims in US court
Posted: February 24th, 2012, 10:14pm MSK
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[JURIST] Former Somali prime minister Mohamed Ali Samantar on Thursday accepted legal responsibility for war crimes and crimes against humanity before the US District Court for the Eastern District of Virginia [official website]. The civil suit [case summary] was brought by the Center for Justice and Accountability (CJA) [advocacy website] in 2004 against Samantar, who had been living in Washington, DC, for more than 15 years, on behalf of five Somalis under the Torture Victim Protection Act of 1991 [28 USC § 1350 text]. The plaintiff Somalis had been granted asylum in the US after being imprisoned and tortured while... -
Ivory Coast post-election violence investigation flawed: HRW
Posted: February 24th, 2012, 10:05pm MSK
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[JURIST] Human Rights Watch (HRW) [advocacy website] expressed concern [press release] Thursday over the investigation into post-election violence [JURIST news archive] in the Ivory Coast in 2010 and 2011 and advocated six-month extension of the probe. HRW's primary concern rests on the short time-frame of the investigation, begun in January 2012 and currently finalizing its findings, as well as reports that it has received that indicate that the investigation has been rushed and may miss important elements:It appears unlikely to have adequately either documented the conflict's serious crimes or identified those responsible on both sides after only a month of... -
Rights groups bring new challenge against Wisconsin voter ID law
Posted: February 24th, 2012, 9:16pm MSK
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[JURIST] The Advancement Project [advocacy website] filed a lawsuit [text, PDF] Thursday on behalf of four other rights groups alleging that the new Wisconsin voter ID law, Wisconsin Act 23 [text, PDF], is unconstitutional because it is racially discriminatory. The new law states that all voters must present photo identification at the polls in order to vote in local, state or federal elections. The complaint, filed in the US District Court for the Eastern District of Wisconsin [official website], claims that Act 23 violates Section 2 of the Voting Rights Act [text], which "prohibits drawing election districts in ways that... -
State AGs file suit to block new contraception mandates
Posted: February 24th, 2012, 9:11pm MSK
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[JURIST] Nebraska Attorney General Jon Bruning [official website], joined by attorneys general from six other states, filed a lawsuit Thursday [complaint, PDF] in the US District Court for the District of Nebraska [official website] challenging new health care mandates that require the provision of contraception for all employees, including those of religious institutions. The new mandates were promulgated as a result of the recent Patient Protection and Affordable Care Act (PPACA) [text; JURIST backgrounder] that was signed [JURIST report] in March 2010. The parties argue that the provision of contraception, sterilization and related services by their insurance companies is in... -
UN report: conflict-related sexual violence is global risk
Posted: February 24th, 2012, 7:28pm MSK
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[JURIST] UN Special Representative on Sexual Violence in Conflict Margot Wallstrom [profile] on Thursday presented the Secretary-General's annual report on conflict-related sexual violence [text, PDF] to the UN Security Council [official website; press release]. The report documents numerous conflict-related sexual violence cases [UN News Centre report] in Colombia, Ivory Coast, Democratic Republic of the Congo (DRC), Libya, Myanmar, Somalia and Sudan. Notably the report named for the first time military forces and armed groups suspected of such sexual violence—organizations like Sudan's Lord's Resistance Army [War Child profile] and Congo's Federal Republican Forces. According to the report, one of the worst... -
US soldier formally charged for leaking information to Wikileaks
Posted: February 24th, 2012, 6:57pm MSK
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[JURIST] Pfc. Bradley Manning [advocacy website; JURIST news archive] was formally charged with 22 counts, including aiding the enemy, under the Espionage Act [text] on Thursday. Manning declined to enter a plea [AP report] at the hearing. The maximum penalty Manning faces is life in prison. The government alleges that Manning transferred more than 700,000 confidential documents and video clips to Wikileaks [website; JURIST news archive], the largest intelligence leak is US history. Manning's defense argues that many others had access to his workplace computers in Iraq, he never should have been deployed to Iraq or entrusted with confidential information... -
Ninth Circuit upholds California law requiring DNA samples from arrestees
Posted: February 24th, 2012, 6:19pm MSK
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[JURIST] The US Court of Appeals for the Ninth Circuit [official website] ruled [opinion, PDF] Thursday that buccal mouth swabs may be used to extract DNA samples from any adult arrested or charged with a felony in California. The 2-1 decision upholds a 2004 voter-enacted provision [Proposition 69 materials] of the DNA and Forensic Identification Database and Data Bank Act of 1998 [text] requiring law enforcement officers to collect such samples from arrestees, a mandate challenged by the plaintiffs as a violation of Fourth Amendment [Cornell LII backgrounder] protections against unlawful search and seizure. Justice Milan Smith, Jr. assessed the... -
Egypt ex-president Mubarak defends himself in memo to court
Posted: February 24th, 2012, 6:17pm MSK
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[JURIST] Former Egyptian president Hosni Mubarak [Al Jazeera profile; JURIST news archive] has told the court that he is saddened by "charges of unfair and baseless fabrications" and expressed his confidence in the Egyptian judicial system. Mubarak's remarks were published in form of a memo [text, in Arabic] by Tahrir newspaper on Thursday. Mubarak's remarks to the court became public a day after the defense counsel gave their closing remarks in the trial on charges of conspiracy to kill at least 840 protesters [JURIST report] during demonstrations in Egypt [JURIST news archive]. In his memo, Mubarak emphasized his lifetime dedication... -
Cambodia genocide tribunal's legitimacy threatened by judge dispute: rights group
Posted: February 24th, 2012, 6:12pm MSK
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[JURIST] The continuing dispute between Cambodia and the UN over the appointment of Judge Laurent Kasper-Ansermet to the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website] threatens the legitimacy of the court [report, PDF; press release], the Open Society Justice Initiative [advocacy website] said Thursday. Kasper-Ansermet took over for Judge Siegfried Blunk who resigned [JURIST report] in October due to Cambodian political interference with the court. The report recommends that the UN continue to maintain its position supporting Kasper-Ansermet, insist the Royal Govenrment of Cambodia accept Kasper-Ansermet, provide financial and human resources assistance so that Kasper-Ansermet can perform... -
Ninth Circuit rules 'Armenian genocide' victims not entitled to seek compensation
Posted: February 24th, 2012, 5:22pm MSK
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[JURIST] The US Court of Appeals for the Ninth Circuit [official website] ruled [opinion, PDF] Thursday that heirs of victims of the Armenian genocide [BBC backgrounder; JURIST news archive] in Turkey cannot sue German insurance companies for failed life insurance payments from German insurance companies. Descendants of the genocide victims residing in California brought the suit nearly a decade ago, following the passing of a California law [text] in 2000 extending the statute of limitations for unpaid life insurance claims. The Ninth Circuit found California Civil Procedure Code § 354.4 unconstitutional [JURIST report] in August 2009 because it interfered with... -
Maryland Senate sends same-sex marriage bill to governor
Posted: February 24th, 2012, 5:19pm MSK
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[JURIST] The Maryland Senate on Thursday approved the Civil Marriage Protection Act [SB241, PDF], which would legalize same-sex marriage [JURIST backgrounder] in the state. The legislation passed by a 25-22 margin in the Senate, having already been approved by the lower house [JURIST report] earlier in the week. The bill goes next to Governor Martin O'Malley (D) [official website] who has promised to sign it into law. In the build up to the Senate considering the act, O'Malley encouraged [official statement] the Senate to pass the bill: Clergy and faith-based leaders, community leaders, civic organizations, civil rights groups, and citizens... -
Guantanamo detainee agrees to testify for plea deal
Posted: February 24th, 2012, 1:14am MSK
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[JURIST] A Guantanamo Bay [JURIST backgrounder] detainee reached a plea agreement with military prosecutors on Wednesday that included an agreement to testify against other detainees. Under the agreement, detainee Majid Khan [GlobalSecurity profile], a 31-year-old former Baltimore-area resident, will be required to testify at the trials of other detainees in exchange for a greatly reduced sentence and eventual freedom. Khan has agreed to be available to testify at military commission trials over the next four years, and officials said he would then be eligible for a transfer to Pakistan. This is the first agreement to guarantee freedom for testimony offered... -
Italy violated human rights by transferring migrants to Libya: ECHR
Posted: February 23rd, 2012, 9:41pm MSK
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[JURIST] The European Court of Human Rights (ECHR) [official website] on Thursday ruled [text] that Italy violated international human rights laws when a group of Somalian and Eritrean migrants traveling from Libya were intercepted by Italian authorities and returned to Libya. The court found that Italy violated Article 3 of the European Convention on Human Rights [text, PDF] by exposing the migrants to the risk of ill-treatment in Libya and of repatriation to Somalia or Eritrea. Italy argued that Libya was a "safe country" at the time because it complied with its international commitments protecting refugees. The migrants had not... -
ICC expands investigation of war crimes in Ivory Coast
Posted: February 23rd, 2012, 9:27pm MSK
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[JURIST] International Criminal Court (ICC) [official website] Chief Prosecutor Luis Moreno-Ocampo [official profile] on Wednesday was granted permission [decision, PDF; press release] by a pretrial chamber to expand his investigation of war crimes in the Ivory Coast to incidents dating back to 2002. Ocampo began his investigation [JURIST report] in October, focusing on alleged post-election violence [JURIST news archive] beginning in 2010. Ocampo requested to expand his investigation in light of evidence that government and rebel forces committed war crimes during an attempted coup in 2002. In its decision, the chamber concluded that there was a reasonable basis for the... -
Council of Europe criticizes Germany castration law
Posted: February 23rd, 2012, 9:26pm MSK
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[JURIST] The Council of Europe's (COE) [official website] Committee for the Prevention of Torture and Inhuman or Degrading Punishment (CPT) published a report [text] Wednesday rejecting the practice of surgical castration [COE press release] as a means of treatment for sexual offenders. In Germany, surgical castration as a means for treatment must be initiated at the request of the offender, be approved by an expert commission and include a medical examination of the requesting offender. The CPT fundamentally objects to the practice, noting: it has irreversible physical effects; surgical castration is not in conformity with recognized international standards; there is... -
Virginia House passes watered-down abortion ultrasound bill
Posted: February 23rd, 2012, 8:58pm MSK
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[JURIST] The Virginia House of Delegates [official website] passed a watered-down version of a controversial ultrasound [JURIST news archive] bill [SB 484] Wednesday, which requires women seeking an abortion have a transabdomenal ultrasound before going through with the procedure. The bill differs from the controversial one passed by the Senate earlier this month [JURIST report] which originally required women to have a transvaginal ultrasound. The controversy surrounding the bill [WP report] has grown in recent weeks and the changes to the bill came at the behest of Governor Bob McDonnell [official website] who requested the non-invasive alternative [press release] in...