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Posted: February 2nd, 2012, 10:12pm MSK
[JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Thursday ruled [opinion, PDF] that it will not release video recordings from Perry v. Schwarzenegger [opinion], California's 2010 trial which declared Proposition 8 [text, PDF; JURIST news archive], the state's same-sex marriage ban, to be unconstitutional. In reversing the opinion of the US District Court for the Northern District of California [official website], the circuit court concluded that recordings from the landmark case could not be released [AP report] without undermining the integrity of the judicial system. It found that Chief Judge Walker, the district judge at...
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Posted: February 2nd, 2012, 8:14pm MSK
Four accused assassins of former Lebanese prime minister Rafik Hariri will be tried in absentia, a UN tribunal said Wednesday. The UN Special Tribunal for Lebanon (STL) said Wednesday that after considering the efforts taken by the prosecution and the authorities to apprehend the suspects, they would move forward with the trial. The four alleged Hezbollah members are accused of involvement in a February 2005 truck bomb that killed Hariri and 22 other people. The STL determined that the prosecution took "all reasonable steps" to apprehend and inform the accused, and that the proceedings were a "last resort":The Trial Chamber...
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Posted: February 2nd, 2012, 7:58pm MSK
Lawyers for a suspect in the USS Cole bombing being held at Guantanamo Bay filed a motion Tuesday with the military commission overseeing detainee cases seeking to subpoena the president of Yemen for questioning. Lawyers for alleged al Qaeda senior leader Abd al-Rahim al-Nashiri filed the motions seeking to question Yemeni President Ali Abdullah Saleh while he is in the US receiving medical treatment. They argue that because Saleh will be in the jurisdiction of the US he can lawfully be subpoenaed. Nashiri's lawyers argue that Saleh, who was president of Yemen when the USS Cole attack occurred, may have...
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Posted: February 2nd, 2012, 7:39pm MSK
[JURIST] UN High Commissioner for Human Rights Navi Pillay [official website] expressed concern [press release] Thursday about excessive force used by Senegalese authorities in response to protests that ensued after the announcement of presidential candidates. Reports of shooting at protestors have caused the death of at least one police officer and four other people this week. The reports were "disturbing" to Pillay given Senegal's tradition of respect for freedom of association, assembly and expression. She said, "[w]ith the presidential campaign beginning this weekend, I cannot stress enough the importance of full respect for the fundamental human rights. These rights are...
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Posted: February 2nd, 2012, 7:23pm MSK
[JURIST] An Iraq war veteran filed suit [complaint, PDF] Wednesday in the US District Court for the Central District of California [official website] against the Department of Veterans Affairs (VA) [official website] after it refused to pay her full disability benefits because she is in a same-sex marriage. Tracy Cooper-Harris, who served in the US Army [official website] for over a decade, argues that the Defense of Marriage Act (DOMA) [text] is unconstitutional because it discriminates against legally married individuals. Cooper-Harris and her wife were legally married in California in 2008. Cooper-Harris has been receiving benefits from the VA since...
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Posted: February 2nd, 2012, 7:07pm MSK
[JURIST] The Supreme Court of Pakistan [official website] on Thursday ordered Pakistani Prime Minister Yousuf Raza Gilani [BBC profile; JURIST news archive] to appear in court on February 13 for a formal indictment on contempt charges. Gilani has failed to comply with the court's order to reopen a corruption case against President Asif Ali Zardari [official website], but Gilani maintains he did not comply with the court's order because Zardari is immune from prosecution [Al Jazeera report]. The conflict between the prime minister and the court stems from an order which struck down [JURIST report] the National Reconciliation Ordinance (NRO)...
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Posted: February 2nd, 2012, 3:14pm MSK
[JURIST] The Washington state Senate [official website] approved Senate Bill 6239 [materials] to legalize same-sex marriage [JURIST news archive] by a vote of 2821 late Wednesday evening. Washington currently grants expanded domestic partnership rights [JURIST report] rather than full marriage or civil union rights to same-sex couples. Several amendments affording protection of religious objection to same-sex marriage were added to the bill in debate. Others, that would have triggered a referendum on the issue, and would have allowed marriage-related business owners' ability to discriminate against same-sex couples, were rejected. The House of Representatives [official website] is expected to pass the...