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Supreme Court upholds Maryland warrantless DNA collection
Posted: June 3rd, 2013, 8:26pm MSD
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[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 5-4 Monday in Maryland v. King [SCOTUSblog backgrounder] that police may collect DNA samples from individuals arrested and charged with serious crimes. The respondent in the case, Alonzo King, challenged the validity of Maryland's DNA Collection Act [text, PDF] after state officials used his DNA to implicate him in a later crime. In an opinion by Justice Anthony Kennedy, the majority found that the warrantless DNA collection does not violate arrestees' Fourth Amendment [text] rights. Kennedy wrote:In light of the context of a valid arrest supported by probable cause respondent’s... -
Supreme Court to rule in false advertising, military protest cases
Posted: June 3rd, 2013, 7:22pm MSD
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[JURIST] The US Supreme Court [official website] granted certiorari [order list, PDF] Monday in two cases. In Lexmark International, v. Static Control Components [docket; cert. petition, PDF] the court will determine whether the appropriate analytic framework for determining a party's standing to maintain an action for false advertising under the Lanham Act [Cornell LII backgrounder] is (1) the factors set forth in Associated General Contractors of California v. California State Council of Carpenters (1983) [opinion] ...; (2) the categorical test, permitting suits only by an actual competitor ...; or (3) a version of the more expansive "reasonable interest" test. There... -
HRW: Turkey should end police violence against protesters
Posted: June 3rd, 2013, 3:05am MSD
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[JURIST] Human Rights Watch (HRW) [advocacy website] called on Turkish police Sunday to use non-violent tactics with civilians [statement] protesting the renovation of a rare public green space in Istanbul. Police forces dispersed peaceful protests with tear gas, water canons and plastic bullets, triggering wider public protests across the country. The historic park has symbolic meaning to minority political parties, many of which claim that this was the first step in an unpopular regime plan to build over the park with a shopping mall. Sunday's events came as a result of informal critique by Turkish public officials, including President Abdullah... -
Illinois Senate approves concealed weapons bill
Posted: June 2nd, 2013, 10:48pm MSD
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[JURIST] The Illinois Senate [official website] on Friday approved a measure [materials] that permits residents to carry concealed guns. The approval of this bill follows a ruling by the US Court of Appeals for the Seventh Circuit [official website] that held [JURIST report] that Illinois' previous concealed carry prohibition was unconstitutional because the ban violated the Second Amendment [text]. Illinois Governor Pat Quinn [official website] has not announced whether he intends to sign the bill into law, but a deadline of June 9 [NYT report] has been established to pass a law permitting the carrying of concealed weapons. If the... -
Egypt high court rules legislative bodies were illegally elected
Posted: June 2nd, 2013, 10:00pm MSD
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[JURIST] Egypt's highest court, the Supreme Constitutional Court (SCC) [official website], on Sunday held that the country's legislature and constitutional panel were illegally elected. While the constitutional panel has already dissolved, the legislature's upper house, the Shura Council [official website, in Arabic], will not be dissolved until the parliament's lower chamber is elected later this year or in early 2014. The legislature's lower chamber will be dissolved in June. Although the Shura Council is traditionally a consultative part of legislation, these recent changes will force [BBC article] it to become more actively engaged in the country's legislation. This ruling is... -
Central African Republic issues arrest warrant for ousted leader Bozize
Posted: June 1st, 2013, 11:20pm MSD
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[JURIST] The chief prosecutor of the Central African Republic (CAR) [BBC backgrounder; JURIST news archive], announced on Friday that the country had issued an arrest warrant [Reuters article] for former president Francois Bozize [World Biography profile]. The charges include crimes against humanity and inciting genocide. Bozize also stands accused of several murders, summary exectutions, and other abuses during his two-term presidency that ended when he was overthrown earlier this year [JURIST report]. Bozize is currently living in exile in Cameroon. Various groups have focused on human rights controversies that occurred during the ouster of Bozize, dissolution of the country's constitution,... -
UN Secretary General calls for protection of civilians in Syria
Posted: June 1st, 2013, 11:12pm MSD
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[JURIST] UN Secretary-General Ban Ki-moon [official profile] released a statement [text] on Saturday condemning the most recent violence in Syria, and expressing concern over how it has been affecting the civilian population. Ban called upon both parties to make greater efforts to avoid civilian casualties [UN News Centre report] and emphasized that the government of Syria has obligations to protect civilians in their territories. Ban also reminded those involved in the fighting in Syria that the international community is closely following the activities of both sides of the conflict, and those responsible for abuses will be held accountable. Specifically, Ban... -
Federal judge rules Google must comply with national security letters
Posted: June 1st, 2013, 10:22pm MSD
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[JURIST] A judge in the US District Court for the Northern District of California [official website] has ruled that Google Inc. [corporate website] must follow the FBI's [official website] warrantless requests for user information through national security letters (NSLs) [CRS backgrounder]. The ruling, which was issued on May 20, was released to the public on Friday. Under 18 USC § 2709 [text], the FBI can issue national security letters without court approval, requiring telecommunication companies to turn over information about their subscribers. Furthermore, the nondisclosure provision of the law prohibits the telecommunications companies from revealing anything pertaining to the national... -
ICC rules Libya cannot try Gaddafi son
Posted: June 1st, 2013, 10:20pm MSD
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[JURIST] The pre-trial chamber of the International Criminal Court (ICC) [official website] on Friday rejected [decision, PDF] a challenge by the Libyan government to the court's jurisdiction over Saif al-Islam Gaddafi [BBC profile; JURIST news archive], the son of Libya's deposed leader Muammar Gaddafi [BBC obituary; JURIST news archive]. The ICC ordered the Libyan government to turn over Saif al-Islam, who is currently being held in Zintan, Libya, where he is facing war crimes charges in a Libyan court. The ICC's decision dismisses a challenge [JURIST report] filed by the Libyan government last year claiming the ICC did not have... -
Nigeria House approves bill criminalizing same-sex marriage
Posted: May 31st, 2013, 10:15pm MSD
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[JURIST] The Nigerian House of Representatives [official website] on Thursday approved a bill making same-sex marriage a crime punishable by a maximum of 14 years in prison. Further, any person who witnesses, aids, or abets same-sex marriages; operates gay organizations; or engages in same-sex public displays of affection could be punished by up to 10 years in jail. The bill mirrors a bill approved by the Senate in November 2011 [JURIST report]. The bill was immediately sent to President Goodluck Jonathan [official profile] and awaits his signature. Homosexuality is illegal in 37 African nations [CGE backgrounder], and South Africa is... -
Rights court urges El Salvador to allow abortion to save woman's life
Posted: May 31st, 2013, 9:23pm MSD
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[JURIST] The Inter-American Court of Human Rights (IACHR) [official website, in Spanish] on Thursday urged [resolution, PDF, in Spanish] El Salvador to allow doctors to perform medical procedures necessary to saving a 22-year-old woman's life, including an abortion, despite the country's Supreme Court [official website, in Spanish] decision Wednesday denying the woman's appeal. El Salvador banned all abortions in 1999. However, the woman suffers from lupus and kidney problems, which means that her pregnancy poses a great risk to her health. The fetus suffers from a serious condition causing only partial brain development and little or no chance of survival... -
Zimbabwe constitutional court orders elections by end of July
Posted: May 31st, 2013, 9:05pm MSD
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[JURIST] Zimbabwe's Constitutional Court on Friday imposed a July 31 election deadline and ordered President Robert Mugabe [BBC profile; JURIST news archive] to announce a date soon. The ruling came in response to a case filed by a citizen in an attempt to get Mugabe to announce election dates. Rights activist Jealousy Mawarire had originally sought elections by June 29. Chief Justice Godfrey Chidyausiku said that would be impossible but that Mugabe had violated [Reuters report] Mawarire's rights but not announcing an election date. The order comes just one week after Mugabe signed [JURIST report] the country's new constitution [text]... -
Arizona ban against race, gender-based abortions challenged
Posted: May 31st, 2013, 9:04pm MSD
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[JURIST] The American Civil Liberties Union of Arizona (ACLU-AZ) [advocacy website] filed a lawsuit [complaint, PDF] Wednesday in the US District Court for the District of Arizona [official website] seeking to permanently enjoin a state law [HB 2443, PDF] that penalizes doctors, not patients, who perform abortions when the patient's decision is based solely on the gender or race of the fetus. The lawsuit was filed on behalf of the local divisions of the National Association for the Advancement of Colored People and the National Asian Pacific American Woman's Forum [advocacy websites] and seeks to have the law declared unconstitutional.... -
ICTY acquits 2 former Serbian commanders of crimes against humanity
Posted: May 31st, 2013, 8:57pm MSD
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[JURIST] The International Criminal Tribunal for the former Yugoslavia (ICTY) acquitted [press release; judgment summary, PDF] two former Serbian secret police officials Thursday for their involvement in war crimes during the Bosnian Civil War [JURIST news archive]. The court found that the prosecution failed to establish beyond a reasonable doubt that the accused, Jovica Stanisic [case materials, PDF], a close ally of late Serbian president Slobodan Milosevic [JURIST news archive], and counter-intelligence official Franko Simatovic, planned or ordered crimes against humanity. The ruling was welcomed by Serbian Prime Minister Ivica Dacic, but disappointed victims of wartime atrocities as the acquittal... -
Connecticut senate approves driver's licenses for undocumented immigrants
Posted: May 31st, 2013, 8:34pm MSD
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[JURIST] The Connecticut Senate [official website] approved legislation [HB 6495] Thursday that would allow undocumented immigrants to obtain driver's licenses regardless of documentation status. If signed by Governor Dannel Malloy [official website], the bill would allow those immigrants without proper documents from the US Citizenship and Immigration Services office [official website] the ability to obtain a driver's license for the purpose of highway safety. Applicants would have to prove identity with a passport or other document and show that they had been living in Connecticut for at least 90 days, but would not need to show permission from the US... -
UN expert calls on Bangladesh to address pervasive violence against women
Posted: May 31st, 2013, 7:51pm MSD
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[JURIST] UN Special Rapporteur on violence against women Rashida Manjoo [official profile] on Thursday urged [press release] the government of Bangladesh [official website] to address the prevalent acts of violence against women occurring in the country. Manjoo noted that while the most pervasive form of violence against women in the country is domestic violence, a number of women have also been victims of rape, sexual harassment, forced marriage and acid attacks, among other forms of abuse. Manjoo acknowledged [UN News Centre report] the positive steps that have been taken by the Bangladeshi government to further the protection of women in... -
ICC prosecutor requires proof that Kenya can handle Kenyatta case
Posted: May 31st, 2013, 6:37pm MSD
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[JURIST] Chief Prosecutor of the International Criminal Court (ICC) [official website] Fatou Bensouda [official profile] said Thursday that Kenya must prove its ability to handle the case of President Uhuru Kenyatta [BBC profile; JURIST news archive] before the ICC will drop the case. Kenyatta and his deputy president William Ruto [JURIST news archive] are charged with crimes against humanity for their alleged involvement in inciting the violence that followed the 2007 election [JURIST news archive] and which led to more than 1,100 deaths. Ruto's trial has been recently postponed [JURIST report], and Kenyatta's trial is currently scheduled to begin in... -
UN rights expert urges governments to develop effective legal aid systems
Posted: May 31st, 2013, 5:47pm MSD
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[JURIST] The UN Special Rapporteur on the independence of judges and lawyers Gabriela Knaul urged [press release] world governments Thursday to guarantee the right to legal aid at the highest level possible and to consider enacting specific legislation to establish a comprehensive legal aid system that is accessible, effective, sustainable and credible. Knaul discussed these recommendations in a presentation of her latest report [materials] to the UN Human Rights Council [official website]. In her report, Knaul concluded:Legal aid is an essential element of a fair, human and efficient system of administration of justice that is based on the rule of... -
Wisconsin appeals court rules voter ID law is constitutional
Posted: May 31st, 2013, 4:20pm MSD
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[JURIST] The Wisconsin Court of Appeals [official website] for the Fourth District ruled [opinion, PDF] Thursday that Wisconsin Act 23 [text], a law requiring voters to show photo identification at the polls, is constitutional. The ruling reverses Dane County Circuit [official website] Judge Richard Niess's March 2012 decision, which held [JURIST report] that the law's photo ID requirement would disenfranchise voters who lack the resources to obtain such ID. The law requires [AP report] voters to show either a state-issued ID card, valid driver's license, US passport, a student ID that expires within two years or a military ID. Voter... -
UN rights expert calls for ban on lethal autonomous robotics
Posted: May 30th, 2013, 9:09pm MSD
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[JURIST] Then UN Special Rapporteur on extrajudicial, summary or arbitrary executions [official website] Christof Heyns on Thursday urged [text, PDF] the UN Human Rights Council (UNHRC) [official website] to impose a moratorium on lethal autonomous robotics (LAR's), also known as "killer robots." A key concern to Heyns is whether future weapons systems will be allowed to make the decision to kill on their own, without human intervention:Machines lack morality and mortality, and as a result should not have life and death powers over humans...[I]n addition to being physically removed from the kinetic action, humans would also become more detached from... -
Federal appeals court rules Florida cannot drug test all state employees
Posted: May 30th, 2013, 8:03pm MSD
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[JURIST] The US Court of Appeals for the Eleventh Circuit [official website] ruled [opinion, PDF] Wednesday that Florida Governor Rick Scott [official website] cannot require all state employees to take random drug tests. Executive Order 11-58 [text, PDF], issued [JURIST report] in March 2011, would subject all state employees to drug testing, regardless of whether they were suspected of drug use. The decision by the three-judge panel concluded the state must identify which government workers it believes should undergo periodic testing:In limited circumstances, where privacy interests implicated by the search are minimal, and where an important government interest furthered by... -
UK forces accused of illegally detaining Afghans at Camp Bastion
Posted: May 30th, 2013, 7:01pm MSD
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[JURIST] London-based Public Interest Lawyers [firm website] on Wednesday accused the UK military of holding at least eight men without charge at the UK temporary holding facility in Camp Bastion, Afghanistan. Their clients have allegedly been held for over eight months without charge and without access to lawyers in what could be a breach of international law. Applications for habeas corpus were issued on behalf of two of the men in April, and the military has ordered a hearing in July. UK Defense Secretary Phillip Hammond [official website] insisted that the holdings are in compliance with international law and that... -
UN urges Libya to include women in drafting constitution
Posted: May 30th, 2013, 6:24pm MSD
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[JURIST] The UN Support Mission in Libya (UNSMIL) [official website] called [press release] Wednesday for the participation of Libyan women in the Constitution Drafting Assembly. The UNSMIL noted that the preparation and drafting of the constitution is a significant part of Libya's democratic transition, and the representation and participation of women throughout the process will greatly contribute to the growth of the country. Libyan women had a significant role in the February 2011 revolution and participated in Libya's first free elections in over four decades. As elections for the Constitution Drafting Assembly approach, the UN is stressing how important the... -
UN rights council condemns recent Syria attacks, foreign fighters
Posted: May 30th, 2013, 5:06pm MSD
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[JURIST] The UN Human Rights Council [official website] on Wednesday adopted a resolution condemning [UN News Centre report] the most recent Syrian attacks in Al-Qusayr and calling for an end to the violence. In a speech on Wednesday, UN High Commissioner for Human Rights Navi Pillay [official profile] noted [statement] that the recent fighting in Al-Qusayr has left the town with shortages of food, water and medical supplies while forcing hundreds to flee from their homes. Intense shelling and increased clashes between government and rebel groups, Pillay claims, continue to endanger the lives of civilians in Al-Qusayr. The humanitarian situation... -
Russia court rejects appeal by feminist rock group Pussy Riot
Posted: May 29th, 2013, 11:29pm MSD
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[JURIST] A Russian court on Wednesday rejected an appeal by members of the feminist punk group Pussy Riot [RASPI backgrounder; JURIST news archive] against their sentence for a protest against Vladimir Putin [BBC profile]. Last year the group was convicted [JURIST report] of "hooliganism motivated by religious hatred" and sentenced to two years in prison. Moscow City Court chair Olga Yegorova denied that the case was politically motivated. Pussy Riot lawyer Irina Khrunova told the Associated Press she would appeal to Russia's Supreme Court. The imprisonment of members of Pussy Riot sparked an international outcry against the Russian political and... -
ICTY convicts 6 Bosnian Croat leaders of crimes against humanity
Posted: May 29th, 2013, 10:40pm MSD
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[JURIST] The International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] convicted [press release; judgment summary, PDF] six Bosnian Croat political and military leaders Wednesday for persecuting, expelling and murdering Muslims during the Bosnian Civil War [JURIST news archive]. The sentences, ranging from 10 to 25 years, were handed down by a three-judge panel for crimes including murder, rape, illegal expulsion and torture of Muslims. The longest sentence of 25 years was given to Jadranko Prlic [case materials], former leader of the Croatian Community. The other high-ranking political or military figures convicted included Bruno Stojic, Slobodan Praljak, Milivoj Petkovic,... -
Kenya police abusing refugees: HRW
Posted: May 29th, 2013, 9:42pm MSD
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[JURIST] Kenyan police engaged in a 10-week rampage in Nairobi beginning in late 2012, torturing and abusing more than 1,000 refugees, asylum seekers and Somali Kenyans, Human Rights Watch (HRW) [advocacy website] reported [text, PDF] Wednesday. HRW claims that the Kenyan police used grenades and other attacks to relocate refugees to camps "as an excuse to rape, beat, extort money from, and arbitrarily detain." According to HRW, the police consistently referred to their victims as terrorists, which HRW believes may be in response to the attacks on law enforcement officials and civilians [NYT report] by unknown perpetrators, beginning in October... -
Colorado governor signs bills regulating recreational marijuana
Posted: May 29th, 2013, 8:56pm MSD
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[JURIST] Colorado Governor John Hickenlooper [official website] on Tuesday signed a new set of laws regulating the use and sale of recreational marijuana. One law expands [HB13-1317, PDF] the medical marijuana enforcement division [official website] to encompass retail marijuana. The law also prohibits retail marijuana stores from selling more than one-fourth of an ounce of marijuana to nonresidents. Another law, subject to voter approval in the November statewide election, imposes a 15 percent sales tax [HB13-1318] on retail marijuana or retail marijuana products and distributes 10 percent of the total tax revenue among the state's local governments containing at least... -
UN rights expert urges EU to respect migrants' rights
Posted: May 29th, 2013, 8:03pm MSD
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[JURIST] The UN Special Rapporteur on the human rights of migrants [official website] Francois Crepeau urged the EU on Tuesday to focus on human rights in its migration policies [press release]. Crepeau visited both sides of the border in Turkey, Greece, Tunisia and Italy [official reports] to investigate the experience of migrants. He found that those irregular migrants related to the Arab Spring [JURIST news archive] and global south were unduly targeted for security purposes that were ineffective and indirectly exploitative. Irregular migrants are those seeking economic opportunities that do not enter through a traditional visa program, usually because a... -
Supreme Court declines to review Indiana Planned Parenthood case
Posted: May 29th, 2013, 7:34pm MSD
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[JURIST] The US Supreme Court [official website] on Tuesday denied an appeal [order list, PDF] by the state of Indiana challenging a lower court decision that blocked patient reimbursement through Medicaid if the health providers performed abortions as a part of overall medical care. Planned Parenthood [advocacy website] is one of the largest providers that can now continue to receive Medicaid funding in Indiana. Indiana's law went further than federal law, which already bans Medicaid funds to pay for abortions in most instances. Specifically, the measure, passed in 2011, blocked the Indiana Department of Health [official website] from signing contracts... -
UN rights expert urges government participation by persons in poverty
Posted: May 29th, 2013, 6:49pm MSD
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[JURIST] The UN special rapporteur for extreme poverty and human rights Magdalena Sepulveda [official profile] on Tuesday presented [press release] her annual report [materials] to the UN Human Rights Council. Sepulveda urged world governments to enable participation amongst persons living in poverty in decisions that affect their lives. She also recommended that states set up a legal and institutional framework to comply with human rights obligations relating to participation:States must make sustained and proactive efforts to ensure that the voices of people living in poverty can be heard in public debate and policy making. ... The right to participation is... -
Former Michigan Supreme Court justice sentenced to 366 days in prison
Posted: May 29th, 2013, 5:57pm MSD
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[JURIST] Former Michigan Supreme Court justice Diane Hathaway was sentenced on Tuesday to a year and a day in prison for bank fraud. Hathaway concealed assets while dealing with a bank to arrange a short sale on her home, which allowed her to sell her home for less than she owed and to avoid foreclosure. She claimed financial hardship in order to be approved for the sale, though she had over a million dollars in assets. The sentencing guidelines for the charge ranged from 12 to 18 months, and Hathaway's defense claimed that the irreparable harm that this had done... -
Guatemala ex-president pleads not guilty to money laundering charges
Posted: May 29th, 2013, 4:51pm MSD
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[JURIST] Former Guatemalan president Alfonso Portillo [JURIST news archive] pleaded not guilty to money laundering charges in the US District Court for the Southern District of New York [official site] on Tuesday. He is charged [indictment, PDF] with having laundered more than $70 million through US banks during his four years as president. Portillo was extradited to the US after being acquitted in Guatemala [JURIST report]. Portillo has always claimed innocence and blames political extremists for what he calls false accusations. If convicted, Portillo faces up to 20 years [Reuters report] in prison. In 2011 the criminal charges of embezzlement... -
Cambodia PM seeks law punishing Khmer Rouge denial
Posted: May 29th, 2013, 12:09am MSD
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[JURIST] Cambodian Prime Minister Hun Sen [BBC profile] said Monday that he wants to punish those people who deny that atrocities occurred during the 1970s Khmer Rouge [BBC backgrounder; JURIST news archive] regime, which was widely held responsible for the deaths of 1.7 million people. Hun Sen has suggested [AP report] that the opposition Cambodia National Rescue Party shares the regime's philosophy by comparing their promise to cancel banking debts to the Khmer Rouge's eradication of the banking system in 1975. Opposition leader Kem Sokha also allegedly said that exhibits at the genocide museum were faked. Hun Sen's comments come... -
Egypt president sends NGO bill to parliament
Posted: May 28th, 2013, 10:41pm MSD
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[JURIST] Egyptian President Mohammad Morsi [BBC profile] sent a bill to the country's interim parliament on Monday that would regulate non-governmental organizations (NGOs). The most recent draft [AP report] allocates wider financial autonomy to civic associations and NGOs. According to presidential aides, the bill does not require NGOs to hold their money in public funds and removes wording that required NGOs to receive foreign funds indirectly through a government bank account. The bill maintains that a steering committee composed of nine officials—four from the NGO community, four appointed by the Minister of Social Solidarity and the minister himself—will grant and... -
Supreme Court rules on 'actual innocence' in federal habeas petitions
Posted: May 28th, 2013, 9:09pm MSD
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[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 5-4 in McQuiggin v. Perkins [SCOTUSblog backgrounder; JURIST report] that "actual innocence ... serves as a gateway through which a petitioner may pass" in a federal habeas action. In Schlup v. Delo (1995) and House v. Bell (2006) [opinions], the Supreme Court held that a convincing showing of actual innocence enabled habeas petitioners to overcome a procedural bar to consideration of the merits of their constitutional claims. In this case, the court considered the question in the context of 28 USC § 2244(d)(1) [text], the statute of limitations on federal... -
Supreme Court rules on ineffective assistance of counsel claim
Posted: May 28th, 2013, 7:54pm MSD
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[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 5-4 Tuesday in Trevino v. Thaler [SCOTUSblog backgrounder; JURIST report] that last term's decision in Martinez v. Ryan [JURIST report] on ineffective assistance of counsel claims should apply in this case. In Martinez an Arizona procedural rule required a defendant convicted at trial to raise a claim of ineffective assistance of counsel during his first state collateral review proceeding or lose the claim. Luis Mariano Martinez did not comply with the state procedural rule, but he argued that the federal habeas court should permit his claim because he lacked effective... -
Supreme Court to rule on aiding and abetting firearms, class actions
Posted: May 28th, 2013, 6:38pm MSD
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[JURIST] The US Supreme Court [official website] granted certiorari [order list, PDF] in two cases. In Rosemond v. United States [docket; cert. petition, PDF] the court will decide whether the offense of aiding and abetting the use of a firearm during and in relation to a crime of violence or drug trafficking crime, in violation of 18 USC §§ 924(c)(1)(A) and 2 [text], requires proof of intentional facilitation or encouragement of the use of the firearm, or simple knowledge that the principal used a firearm during a crime of violence or drug trafficking crime in which the defendant also participated.... -
UN human rights chief criticizes rights violations in Syria
Posted: May 28th, 2013, 12:54am MSD
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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] at the opening of the spring session of the UN’s Human Rights Council on Monday spoke against [press release] continued war crimes and crimes against humanity occurring in Syria. Pillay expressed concern [CNN report] regarding reports that describe the slaying of entire Syrian families and shelling of communities, as well as the targeted strikes by Syrian armed forces on hospitals and schools. Pillay called for the international community to end [BBC report] what she has termed a "humanitarian disaster." In her opening speech, Pillay also recognized [Reuters report] President... -
Federal court rules Arizona sheriff violated Latinos' constitutional rights
Posted: May 27th, 2013, 9:02pm MSD
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[JURIST] A judge for the US District Court for the District of Arizona [official website] ruled [opinion, PDF] Friday that Maricopa County Sheriff Joe Arpaio [official website] and his department engaged in unconstitutional racial profiling during the execution of immigration patrols. The Department of Homeland Security (DHS) [official website] originally gave the Maricopa County Sheriff's Office (MCSO) authority to enforce federal immigration law under the Immigration and Nationality Act (INA) [8 U.S.C. Sec. 357(g), text] with up to 160 officers. The MCSO then issued procedures under DHS guidance instructing officers to "consider race or 'Mexican ancestry' as one factor among... -
Texas legislature gives final approval to drone legislation
Posted: May 27th, 2013, 8:17pm MSD
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[JURIST] Texas lawmakers on Friday passed a bill [HB 912, PDF] that penalizes the possession, display and distribution of any image or video captured by an illegal drone, and increases penalties to up to $10,000 if those images or videos are subsequently posted on the internet. In addition, the bill makes it a Class C misdemeanor to use an "unmanned vehicle or aircraft" to photograph or videotape "individual or privately owned property" within the state without the consent of its possessor. Exceptions include drone use by law enforcement officials during the course of executing "valid search or arrest warrant[s]," while... -
Argentina war crimes suspect arrested in Uruguay
Posted: May 26th, 2013, 11:09pm MSD
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[JURIST] Col. Alberto Julio Candiotti, a former Argentinian military officer who was wanted for crimes committed during the country's 1976-1983 "Dirty War" [GlobalSecurity backgrounder; JURIST news archive], was arrested Thursday in Montevideo, Uruguay. Information for the whereabouts of the 68-year-old, who was residing in the city with his wife, was valued at 100,000 pesos (USD $20,000). The former officer was arrested by Uruguay's National Police. Authorities are currently uncertain whether Candiotti sneaked into the country or falsified documents to gain admittance. The "Dirty War" was a seven-year military dictatorship under which an estimated 30,000 people, many government opponents as well... -
Obama administration urges review of Plan B ruling
Posted: May 26th, 2013, 10:05pm MSD
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[JURIST] The Obama administration [official website] on Friday urged [text, PDF] the US Court of Appeals for the Second Circuit [official website] to delay the implementation of a decision that orders the US Food and Drug Administration (FDA) [official website] to make the popular "Plan B" [official website] emergency contraceptive (levonorgestrel-Teva) available over-the-counter for women as young as 15. In the brief, the government asks that the April opinion [text, PDF] be stayed pending appeal, stating that the "Plaintiffs' opposition fundamentally misconceives the nature of the FDA drug approval process and of the citizen petition." Supporters of the judge's orders... -
Egypt high court partially invalidates revised election, parliament laws
Posted: May 26th, 2013, 9:19pm MSD
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[JURIST] Egypt's Supreme Constitutional Court (SCC) [official website] on Saturday found provisions of the nation's revised parliament and election law invalid under the Egyptian constitution [text]. In April the Shura Council, Egypt's upper house of parliament [official website], approved the revisions [JURIST report], which set forth new procedures for lower house elections to be held later this year. The law provided in part that the People's Assembly, Egypt's lower house of parliament, would consist of 546 seats, and the nations electoral map would be divided into 129 electoral districts. In addition the law mandated the removal [Reuters report] of a... -
ICTY marks 20th anniversary
Posted: May 26th, 2013, 8:34pm MSD
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[JURIST] The UN Security Council [official website] on Friday commemorated the twentieth anniversary of the creation of the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website; JURIST news archive]. On May 25, 1993, the UN passed Resolution 827 [resolution, PDF], which established the ICTY as an "ad hoc measure" for the prosecution of "persons responsible for serious violations of international humanitarian law" in the wake of "continuing reports of widespread and flagrant violations" occurring within the territory of the former Yugoslavia, the Republic of Bosnia and Herzegovina. At the time, reports indicated "mass killings, massive, organized and systematic... -
Bosnia court orders release of president
Posted: May 25th, 2013, 10:32pm MSD
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[JURIST] The Constitutional Court of Bosnia and Herzegovina [official website] ordered [press release] Friday that Zivko Budimir [official website, in Croatian], president of the Bosniak-Croat Federation, be released from jail immediately. Budmir was arrested [JURIST report] in April along with 19 other officials as part of a corruption investigation and crackdown. Budmir, who has been charged with accepting bribes to grant amnesty to numerous convicts, left the prison in the southern town of Mostar late Friday evening. Bosnia and Herzegovina (BiH) [OHCHR profile] is still recovering from the impact of the Bosnian War which was fought from 1992-1995. BiH is... -
Puerto Rico lawmakers approve gender, sexual orientation discrimination law
Posted: May 25th, 2013, 9:26pm MSD
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[JURIST] Puerto Rico's House of Representatives on Thursday approved a bill that prohibits discrimination on the basis of gender or sexual orientation in places of employment. According to media sources, the bill originally included protections for commercial transactions, housing, governmental services, and public accommodations, but the Senate voted [AP report] to narrow to bill's scope to employment last week. The bill will now move back to the Senate, which is expected to approve the measure. In addition, Governor Alejandro Garcia Padilla [official profile] has reportedly indicated his intent to sign the bill after its final approval. According to reports, Puerto... -
UN rights experts urge stronger legislation against caste-based discrimination
Posted: May 25th, 2013, 8:56pm MSD
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[JURIST] A group of UN independent experts on Friday urged South Asian countries to strengthen legislation to prevent caste-based discrimination [press release]. In South Asia, those members of society who are of low caste are referred to as "Dalits" or "untouchables." The UN experts noted that Dalits endure "marginalization, social and economic exclusion, segregation in housing, limited access to basic services including water and sanitation and employment, enforcement of certain types of menial jobs, and working conditions similar to slavery." The experts emphasized that Dalit women and girls are particularly susceptible to abuse born from this type of discrimination.... -
Third Circuit upholds conviction in Pennsylvania juvenile sentencing scandal
Posted: May 25th, 2013, 7:16pm MSD
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[JURIST] The US Court of Appeals for the Third Circuit [official website] on Friday upheld [opinion, PDF] the conviction and 28-year sentence for former Luzerne County Court of Common Pleas [official website] judge Mark Ciavarella Jr. In February 2011 Ciavarella was convicted by a jury [JURIST report] in the US District Court for the Middle District of Pennsylvania [official website] of racketeering, mail fraud, money laundering, tax fraud and other related crimes. The convictions stemmed from a juvenile sentencing scandal [JURIST news archive] in which Ciavarella and judge Michael Conahan allegedly received $2.8 million in kickbacks from a commercial builder,... -
African leaders to request Kenyan leaders be tried domestically
Posted: May 25th, 2013, 12:03am MSD
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[JURIST] African foreign ministers agreed Friday to request that Kenyan leaders accused of inciting violence following the 2007 elections stand trial in their home country rather than before the International Criminal Court (ICC) [official website] in The Hague. This follows Tuesday's report [text, PDF] by the Truth Justice and Reconciliation Commission [advocacy website] connecting [JURIST report] the Kenyan leaders to the violence. The African leaders' request stems from accusations [AFP report] by members of the African Union that the ICC targets African governments that do not please western leaders. The president and vice president of Kenya, Uhuru Kenyatta [BBC profile;...