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Federal judge dismissed challenge to DOD vaccine program
Posted: February 29th, 2012, 8:00am MSK
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On February 29, 2008, the US District Court for the District of Columbia dismissed a lawsuit brought by members of the US military against the US Department of Defense (DOD) anthrax vaccine program. The lawsuit by the service members sought to make the anthrax vaccine optional, rather than mandatory, and challenged a Food and Drug Administration (FDA) finding that the vaccine was safe. The Bush administration pushed for the anthrax vaccination program to be mandatory in December 2005 by claiming that military personnel were at a high risk of exposure. The court previously ruled the DOD could administer the vaccine to troops on a voluntary basis in April 2005. Prior -
Iraq Presidency Council approved execution of 'Chemical Ali'
Posted: February 29th, 2012, 8:00am MSK
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On February 29, 2008, Iraq's Presidency Council upheld Ali Hassan al-Majid's sentence of death by hanging for participation in genocide and war crimes in 1988. The council had been debating what to do with al-Majid (also known as "Chemical Ali") for several months following his original sentence from the Iraqi High Tribunal in June 2007. The execution was delayed due to the Presidency Council's initial refusal to sign the order, even though the Iraqi Constitution [PDF] mandates the death penalty for crimes of genocide. Flag of Iraq Learn more about Iraq and Ali Hassan al-Majid from the JURIST news archive. Also on This Day at Law: EPA issued official explanation -
US Supreme Court ruled dying victim's statement admissible at trial
Posted: February 28th, 2012, 8:00am MSK
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On February 28, 2011, the US Supreme Court ruled that the preliminary inquiries of a wounded citizen regarding the circumstances of his shooting are to be considered non-testimonial evidence and admissible in court. The Court reversed the decision of the Michigan Supreme Court in Michigan v. Bryant, which had ruled the statements of Anthony Covington were hearsay evidence and violated the Confrontation Clause of the Sixth Amendment. The Court heard another case in December 2011 concerning whether the Confrontation Clause bars the admissibility of lab tests which are completed at a private lab when no officials from the facility testify at trial. Learn more about recent confrontation clause jurisprudence and -
India Supreme Court found constitutional right to counsel
Posted: February 28th, 2012, 8:00am MSK
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On February 28, 2011, the Supreme Court of India ruled that under the Indian Constitution [PDF] criminal defendants have a right to counsel and should have a lawyer appointed to them when they cannot obtain legal representation. The decision cited US Supreme Court cases, including Gideon v. Wainwright, as well as the Nuremberg trials to support the concept that the right to counsel is a principle applied in other nations and proceedings. The court's decision came at a time when both European and US decisions were grappling with the issue of a right to counsel in the context of terrorism. The most recent US Supreme Court case that dealt with -
Nebraska court upheld firing of state trooper for KKK affiliation
Posted: February 27th, 2012, 8:00am MSK
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On February 27, 2009, the Supreme Court of Nebraska ruled that Robert Henderson would not be reinstated as a state trooper because of his membership in the Knights Party, a political group associated with the Ku Klux Klan (KKK). The court refused to reinstate Officer Henderson on the grounds that his active role in the state police department would compromise public perception that the police are "uniformly committed to the equal enforcement of the law." The ruling came as the US was experiencing a resurgence of the KKK, according to a report issued by the Anti-Defamation League (ADL) in February 2007. Learn more about the Ku Klux Klan and the -
Rwanda tribunal convicted former priest of genocide
Posted: February 27th, 2012, 8:00am MSK
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On February 27, 2009, former priest Emmanuel Rukundo was sentenced by the International Criminal Tribunal for Rwanda (ICTR) to twenty-five years imprisonment following his conviction on charges of genocide, crimes against humanity, and sexual assault. Rukondo was a chaplain and Captain in the Rwandan Armed Forces during the country's 1994 genocide when he used his position to influence and convince troops to abduct and kill Tutsi refugees. The ICTR has prosecuted former Rawandan officials for their roles in the genocide as recently as December 2011, which included the conviction and sentencing of former political leaders Matthieu Ngirumpatse and Edouard Karemera. Flag of Rwanda Learn more about Rawanda, genocide, and the -
Obama administration sought delay of DADT review
Posted: February 25th, 2012, 8:00am MSK
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On February 25, 2011, the Obama administration requested in a brief [PDF] that the US Court of Appeals for the Ninth Circuit delay its review of an order striking down the military's "Don't Ask, Don't Tell" (DADT) policy. The administration sought the delay after President Barack Obama signed a legislative repeal of DADT in December 2010, which rendered the lawsuit's issue effectively moot when it took effect in September 2011. The US District Court for the Central District of California had struck down the policy as unconstitutional. Read an overview of Don't Ask, Don't Tell in Features. -
South Korea high court ruled death penalty constitutional
Posted: February 25th, 2012, 8:00am MSK
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On February 25, 2010, South Korea's high court ruled that the death penalty does not violate the South Korean constitution. Capital punishment had been under an unofficial moratorium in the country since former president Kim Dae-Jung took office in 1998. Since the ruling, that suspension has continued and no one has been executed since the high court's decision. South Korea is one of only four developed, industrialized, democratic countries in the world with legalized executions, along with the US, Japan, and Taiwan. Flag of South Korea Learn more about the death penalty from the JURIST news archive. Also on This Day at Law: Illinois lawmakers sought to end death penalty -
Kansas House approved new abortion restrictions
Posted: February 24th, 2012, 8:00am MSK
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On February 24, 2011, the Kansas House of Representatives approved new restrictions on abortion. Bills HB 2035 and HB 2281 passed in voice votes of 96 to 25, and 91 to 30, respectively. HB 2281 prevents women from obtaining an abortion after the twentieth week of pregnancy, when some studies suggest a fetus can begin feeling pain. HB 2035, now known as the Abortion Reporting Accuracy and Parental Rights Act, imposes a parental consent requirement for a minor's abortion or "clear and convincing" evidence for judicial bypass. It also allows abortion providers to inform patients that the fetus is a "whole, separate, unique, living human being." Gov. Sam Brownback signed -
Italy court convicted three Google executives of privacy violations
Posted: February 24th, 2012, 8:00am MSK
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On February 24, 2010, an Italian court convicted three Google executives of privacy violations. The Milan court found that David Carl Drummond, George De Los Reyes, and Peter Fleitcher, violated the privacy rights of a young man with Down's Syndrome when they allowed a video showing his classmates bullying him to remain on the Google Italy website from September through November 2006. All three men were given a suspended sentence, though prosecutors had asked for a one-year imprisonment. Google's Deputy General Counsel called the decision an attack on "the very principles of freedom on which the Internet is built." In recent years, Google has received criticism from around the world -
DOJ stopped defending federal law barring same-sex marriage
Posted: February 23rd, 2012, 8:00am MSK
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On February 23, 2011, the US Department of Justice (DOJ) announced that it would no longer defend the constitutionality of the Defense of Marriage Act (DOMA). Specifically, the DOJ said that it would cease to legally defend Section 3 of the Act, which defines marriage as a legal union between a man and a woman. Although Attorney General Eric Holder claimed that the move was in response to litigation in the US Court of Appeals for the Second Circuit, the Obama administration reaffirmed its support for repealing DOMA in October 2011. In the state arena, the recent US Court of Appeals for the Ninth Circuit ruling that California's ban on -
ICTY convicted former Serbian official Djordjevic
Posted: February 23rd, 2012, 8:00am MSK
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On February 23, 2011, the International Criminal Tribunal for the former Yugoslavia (ICTY) convicted Vlastimir Djordjevic for crimes against humanity and war crimes. Djordjevic, a former Serbian police official, was arrested in June 2007 and was formally indicted in July 2008. Djordjevic was sentenced [PDF] to 27 years in prison for his participation in racial persecution as a violation of the laws or customs of war under Article 3 and 5 of the Statute of the ICTY [PDF]. The ICTY has pursued other leaders as well for their connection to the Kosovo conflict. Some of those convicted include former Yugoslavian president Slobodan Milosevic and former Bosnian Serb leader Radovan Karadzic. -
Supreme Court ruled vaccine makers immune from design defects
Posted: February 22nd, 2012, 8:00am MSK
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On February 22, 2011, the US Supreme Court ruled in the case of Bruesewitz v. Wyeth. The 6-2 decision upheld blanket immunity for vaccine manufacturers from tort action based on design defects. The immunity encompasses tort actions filed in both state and federal courts which may arise from the side effects of vaccines under the National Vaccine Injury Compensation Program. In ruling, the Court upheld an earlier decision from the US Court of Appeals for the Third Circuit, which also held [PDF] that immunity should be upheld for vaccine manufacturers in relation to both avoidable and unavoidable side effects. The Court's decision has been a point of contention in the -
Thailand court released seven opposition protest leaders
Posted: February 22nd, 2012, 8:00am MSK
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On February 22, 2011, a Thai court released seven opposition leaders from the United Front for Democracy Against Dictatorship (UFDAD), or "red shirts," who had been detained during pro-democracy protests in March 2010. During their detainment, the UFDAD organized several peaceful rallies calling for their release. In January 2011, the group petitioned the International Criminal Court (ICC) to launch an investigation into whether there were crimes against humanity committed during the 2010 protests. In May 2011, Human Rights Watch (HRW) urged the Thai government to investigate the same purported crimes against humanity, and also to focus on interactions between the security forces and the opposition movement. National emblem of Thailand -
Bush said no compromise possible on telecom immunity in surveillance bill
Posted: February 21st, 2012, 8:00am MSK
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On February 21, 2008, US President George W. Bush called for an extension of the Protect America Act, including a provision of retroactive immunity for telecommunications companies involved in the National Security Agency (NSA) warrantless surveillance program. The law's expiration followed months of debate in both houses of Congress, including a House version of the bill which did not include the immunity passed by the Senate. The civil immunity provision was created in response to more than 40 lawsuits filed against US telecommunications companies that participated in the wiretapping program. Telecom immunity was ultimately passed and rights groups including the American Civil Liberties Union (ACLU) filed lawsuits challenging the law. -
India appeals court upheld death sentence for Mumbai gunman
Posted: February 21st, 2012, 8:00am MSK
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On February 21, 2011, the Bombay High Court upheld the death sentence conviction of Mohammad Ajmal Amir Kasab. Kasab is the only surviving gunman of terrorist attacks in Mumbai which led to 166 deaths in November 2008. The decision came alongside convictions of two other men held as accomplices for their roles in the attack, which were allegedly coordinated by the Pakistani militant group Lashkatr-e-Taiba. Two weeks before the decision, Special Court Judge ML Tahiiyani denied Kasab's request for an international venue. Though he initially confessed to the crimes, Kasab later withdrew his confession and claimed that he had been tortured and framed by Indian police. Flag of India Learn -
Rights groups reported 'persistent' racial discrimination in US
Posted: February 20th, 2012, 8:00am MSK
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On February 20, 2008, the Human Rights Network (HRN) and Human Rights Watch (HRW) reported that the US consistently engaged in systematic racial discrimination. The report concluded that the US had failed to implement its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) since adopting the treaty in 1994. The report cited the slow federal disaster response to Hurricane Katrina as evidence of discrimination against minority groups at a national level. The report was released one month after a HRW investigation revealed that African-American youths generally received harsher sentences than Caucasian youths for the same criminal offenses in the US. Learn more about -
Iran opposition leader requested open, public trial
Posted: February 20th, 2012, 8:00am MSK
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On February 20, 2011, Iranian opposition leader Mehdi Karroubi posted an open letter to the Supreme Judicial System of Iran calling for his trial to be held in a public forum to ensure a fair proceeding. Karroubi's was unable to deliver the letter himself, as he was placed under house arrest by Iranian security forces earlier in February 2011. The letter came as he and his co-defendants, Mir-Hossein Mousavi and Mohammad Khatami, awaited trial for deaths related to the political reform movement commonly referred to as the Arab Spring. Flag of Iran Learn more about Iran from the JURIST news archive. Also on This Day at Law: Ninth Circuit struck -
Oklahoma judge struck down multi-part abortion law
Posted: February 19th, 2012, 8:00am MSK
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On February 19, 2010, Oklahoma state court judge Daniel Owens ruled that a state law making it illegal for a doctor to perform an abortion based on the gender of a fetus and requiring numerous reporting requirements violated the Oklahoma Constitution. Owens found that the Statistical Reporting of Abortions Act [PDF] violated a constitutional requirement that a law cover only a single subject. Provisions of the Act banned doctors from performing abortions based on a women's desire for a baby of a specific sex. It also required doctors to ask a series of more than 35 questions inquiring into a woman's relationships and her reasons for wanting an abortion, and -
France parliament amended constitution to ban death penalty, allow impeachment
Posted: February 19th, 2012, 8:00am MSK
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On February 19, 2007, the French parliament voted to amend the French Constitution to include an explicit ban on the death penalty. In a special joint session of both the National Assembly and the Senate at the Palace of Versailles, the amendment passed by a vote of 828-26. The joint session also voted 449-203 to approve a constitutional amendment guaranteeing the French president sovereign immunity while in office but introducing the possibility of impeachment. The measure had been previously approved by the National Assembly in January 2007 and called for US-style impeachment procedures to check the powers of France's presidency. Under the new provisions, the president can refuse to testify -
Massachusetts AG sought summary judgment in DOMA suit
Posted: February 18th, 2012, 8:00am MSK
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On February 18, 2010, Massachusetts Attorney General Martha Coakley moved for summary judgment in the state's lawsuit challenging the constitutionality of the Defense of Marriage Act (DOMA). Massachusetts was the first US state to legalize same-sex marriage and filed suit challenging the federal law in July 2009. Judge Joseph L. Tauro of the US District Court for the District of Massachusetts granted summary judgment in the case in July 2010. JURIST Contributor Robert Pfister has claimed that DOMA cannot pass constitutional muster under any legal standard in Sidebar. Read an overview of DOMA and the other legal controversies surrounding same-sex marriage in Features. -
US, EU states recognized independent Kosovo
Posted: February 18th, 2012, 8:00am MSK
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On February 18, 2008, the US and several major European Union (EU) countries recognized Kosovo, one day after the Assembly of Kosovo declared the country's independence from Serbia. Serbia immediately decried the secession as illegal and sought a ruling from the UN's International Court of Justice (ICJ) declaring as much. In July 2010, the Serbian National Assembly adopted a resolution rejecting the independence of Kosovo in perpetuity despite the ICJ's ruling in July 2010 that the declaration did not violate international law. Coat of arms of Kosovo Learn more about Kosovo and the laws governing nationhood from the JURIST news archive. Also on This Day at Law: DC Circuit ruled -
Kosovo parliament adopted declaration of independence from Serbia
Posted: February 17th, 2012, 8:00am MSK
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On February 17, 2008, the Assembly of Kosovo declared the country's independence from Serbia, formally marking the former Serbian province's bid to become a sovereign state. Kosovo's Prime Minister Hashim Thaci, President Fatmir Sejdiu, and members of parliament overwhelmingly approved the Declaration of Independence. Thaci signed and sent 192 letters to nations around the world requesting that they recognize Kosovo as an independent state. The Assembly adopted a constitution in April 2008 and it officially went into effect on June 16, 2008. The establishment of an independent Kosovo raised protest from minority Serbs inside the country and the Serbian government argued that the Declaration of Independence was a violation of -
House passed short-term Patriot Act extension
Posted: February 17th, 2012, 8:00am MSK
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On February 17, 2011, the US House of Representatives voted 279-143 to extend three surveillance provisions of the USA Patriot Act through May 27, 2011. A similar extension had been approved by the Senate the previous day. Passed in 2001 after the terrorist attacks of 9/11, the Act was set to expire at the end of the month. The three provisions allow federal authorities to conduct "roving" wiretaps, compel the production of business, medical and library records, and designate suspects as "lone wolf" agents if they are not affiliated with a recognized terrorist group. The renewal was supported by the Obama administration and the Department of Justice (DOJ). On May -
First compensation under Florida wrongful incarceration law
Posted: February 16th, 2012, 8:00am MSK
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On February 16, 2010, the state of Florida compensated Leroy McGee, a man wrongly imprisoned for over three years, under the state's Victims of Wrongful Incarceration Compensation Act. McGee received $179,000 under the act, which was established in 2008. Florida is one of 27 US states that allow this type of compensation, which are often referred to as "clean hand" provisions and vary state to state. Previously in August 2006, North Carolina had released the first inmate, George Taylor, to have his conviction overturned under a similar law after serving 17 years of a life sentence. Learn more about the laws governing wrongful imprisonment from the JURIST news archive. -
France court ruled government responsible in Jewish deportation
Posted: February 16th, 2012, 8:00am MSK
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On February 16, 2009, the French Council of State ruled that the French government was responsible for the World War II deportation of Jews. The ruling served as a formal recognition of the complicity of the French government in the Holocaust. The French courts had previously fined both the national government and private business for contributing to crimes against humanity during WWII. France has also criminalized Holocaust denial, and charged right-wing political leader Jean-Marie Le Pen with the offense in July 2006. Learn more about France and the laws governing crimes against humanity from the JURIST news archive. Also on This Day at Law: Federal judge rejected challenge to Utah -
UK Guantanamo detainee medically cleared for potential release
Posted: February 15th, 2012, 8:00am MSK
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On February 15, 2009, UK resident, Binyam Mohamed, was medically cleared as healthy enough to travel overseas and return to the UK. Mohamed had been detained in the Guantanamo Bay detention facilities on suspicion of terrorism since 2004, but charges against him were dropped in October 2008. The charges against him were dismissed in October of 2008, and his medical clearance was part of a larger US effort to review the status of several Guantanamo detainees. Following his release, Mohamed claimed that he had been tortured and that the Central Intelligence Agency had documentation of the crime. Guantanamo Bay Read comprehensive coverage on the legal controversies surrounding Guantanamo Bay in -
Iran defended human rights record before UN council
Posted: February 15th, 2012, 8:00am MSK
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On February 15, 2010, Iranian official Mohammad Javad Larijani reported to the UN Human Rights Council (UNHRC) on Iranian plans to protect human rights in the nation. A week earlier, the European Union (EU) and the US issued a joint statement condemning Iran's human rights record. Larijani rejected criticism suggesting the nation engaged in the torture and murder of dissidents, characterizing these allegations as politically motivated attempts to undermine Iran in light of the recent developments in its nuclear program. Larijani reiterated that Iran's nuclear program is intended for civilian use only. Iranian officials have continued to deny allegations of continued human rights violations in recent years. Flag of Iran -
US lawmakers proposed corporate finance reform
Posted: February 14th, 2012, 8:00am MSK
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On February 14, 2010, Senator Charles Schumer and Representative Chris van Hollen proposed legislation to ban foreign companies, or those controlled by foreign companies or governments, from making campaign contributions in US elections. The proposal followed the US Supreme Court decision in Citizen's United v. Federal Election Commission that corporate entities could be considered individuals when making contributions to US election campaigns, thus allowing for functionally unlimited donations. In the holding, the court overturned Section 203 of the Bipartisan Campaign Reform Act, which had prohibited corporations from directly donating campaign funds from their general treasury on the grounds that the provision infringed upon their First Amendment free speech rights. Learn -
Hungary prosecutors charged top Nazi suspect with war crimes
Posted: February 14th, 2012, 8:00am MSK
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On February 14, 2011, prosecutors in Hungary charged war crimes suspect Sandor Kepiro in connection with his alleged actions during the Novi Sad massacre in Serbia in 1942. At the time of his apprehension by officials in Budapest, Kepiro was at the top of the Simon Wiesenthal Center's list of Nazi war crimes suspects facing further charges. Kepiro's trial that year led to an acquittal on the war crimes charges, but he died awaiting appeals from both the prosecution and his own defense team. Kepiro's trial was only one of a set of cases still pending against former Nazis charged with war crimes for their involvement in World War II. -
Supreme Court sought guidance on Uighur detainee transfer
Posted: February 13th, 2012, 8:00am MSK
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On February 13, 2010, the US Supreme Court ordered the Obama administration to file briefs in response to Switzerland's acceptance of asylum for two Uighur detainees housed at Guantanamo Bay. The Swiss accepted the detainees after the Supreme Court granted certiorari to decide if the judicial branch has the power to order the release of detainees in to the US. The Obama administration had refused to repatriate the Uighur detainees due to their being labeled terrorists in their home country and fears that they would be interrogated or tortured. The two detainees were transferred to Switzerland in March 2010, which reduced the number of Uighur detainees at Guantanamo Bay from -
Egypt military suspended constitution, scheduled elections
Posted: February 13th, 2012, 8:00am MSK
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On February 13, 2011, the Egyptian military suspended the Egyptian Constitution [PDF] and announced it would manage the nation until the August 2011 elections. The military indicated that it would use a representative panel to amend the constitution in the wake of weeks of protests in the streets of Cairo. The move by the military came two days after the resignation of former President Hosni Mubarak, who stepped down in response to the protests. The country is still under the 30-year state of emergency instituted by the former leader, but the Supreme Council of the Armed Forces announced the partial suspension of emergency laws in January 2012. Prosecutors in Egypt -
Federal judge upheld firing of medical marijuana user
Posted: February 11th, 2012, 8:00am MSK
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On February 11, 2011, a federal judge for the US District Court for the Western District of Michigan ruled that Wal-Mart did not wrongly fire an employee, Joseph Casias, who tested positive for medical marijuana he was using to treat a brain tumor. In the decision [PDF], Judge Robert Jonker found that the Michigan Medical Marijuana Act (MMMA) protects licensed medical marijuana users but does not prohibit employers from adopting policies banning marijuana use, regardless of the cause. In June 2011, the Washington Supreme Court ruled similarly that their state's Medical Use of Marijuana Act (MUMA) does not prohibit private employers from firing an employee who fails a mandatory drug -
Egypt military pledged to lift emergency laws as Mubarak stepped down
Posted: February 11th, 2012, 8:00am MSK
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On February 11, 2011, the Egyptian Supreme Council of the Armed Forces pledged to lift the country's emergency laws, which have been since the Arab-Israeli War of 1967. The announcement came in the immediate aftermath of widespread protests that forced President Hosni Mubarak's resignation and subsequent allegations of abuse of power and culpability in the deaths of protestors. In August 2011, Egypt's interim government, the Cabinet of Ministers voted to begin measures to end the country's state of emergency. However, the laws were reinstated and expanded after a September 2011 attack by protestors on the Israeli embassy. A partial suspension of the emergency laws was announced on January 25, 2012. -
Arizona governor countersued US government over immigration law
Posted: February 10th, 2012, 8:00am MSK
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On February 10, 2011, Arizona Governor Jan Brewer and state Attorney General Tom Horne filed a counterclaim [PDF] in the US District Court for the District of Arizona against the US government in an ongoing lawsuit challenging a controversial Arizona immigration law. The counterclaim included five counts against the federal government, including alleged violations of both the Secure Fence Act of 2006 for losing control of the border with Mexico and Article IV of the US Constitution for failing to protect Arizona from an "invasion" of illegal immigrants. The validity of Arizona's immigration law is currently awaiting consideration from the US Supreme Court. The Court granted certiorari in December 2011 -
Canada high court ruled government may withhold national security evidence
Posted: February 10th, 2012, 8:00am MSK
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On February 10, 2010, the Supreme Court of Canada upheld challenged portions of the Canada Evidence Act, ruling that national security considerations take precedence over criminal convictions. Noting the need for balance between ensuring security and a fair judicial system, the court affirmed the constitutionality of a provision giving prosecutors authority to withhold evidence with national security implications. The provision replaces the authority of local trial judges with that of the Federal Court, Canada's national trial court. The case originated from the prosecutions of the "Toronto 18," who were arrested in 2006 after police learned of their plans to bomb sites throughout Ontario using fertilizer explosives in response to Canada's -
Federal appeals court ruled inmate strip searches constitutional
Posted: February 9th, 2012, 8:00am MSK
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On February 9, 2010, the US Court of Appeals for the Ninth Circuit issued a ruling [PDF] upholding the constitutionality of strip searching incoming inmates. The court found that strip searches are reasonable, considering both the nature of the US prison system and the documented evidence of illegal materials entering prisons. The Ninth Circuit ultimately ruled that such searches do not violate the Fourth Amendment of the US Constitution and were "facially reasonable." The decision overturned the 1984 Ninth Circuit decision, Giles v. Ackerman, that limited strip searches to inmates accused of violent or drug-related crimes. Learn more about the laws governing prisoner's rights from the JURIST news archive. -
Turkish parliament formally approved headscarf ban amendment
Posted: February 9th, 2012, 8:00am MSK
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On February 9, 2008, the Grand National Assembly of Turkey passed a constitutional amendment easing the country's ban on Islamic headscarves. The amendment, which had received preliminary approval earlier that week, allowed Muslim women to begin wearing headscarves in universities. Based on concerns that the ban effectively denied some Muslim women access to higher education, the easement's passage met fierce opposition from protesters that interpreted it as a political attack on the country's secular principles. However, the Constitutional Court of Turkey struck down the amendments to the Turkish Constitution in October 2008 on the basis that they "indirectly [change] and [make] nonfunctional the basic features of the republic." Flag of -
House failed to pass Patriot Act extension
Posted: February 8th, 2012, 8:00am MSK
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On February 8, 2011, a bill renewing three provisions of the USA Patriot Act failed to secure the two-thirds majority in the US House of Representatives required to renew the Act. The expiring provisions allow roving surveillance, compel production of business records and "other tangible things" under section 215 of the Act, and allow the US to target non-US persons under the "lone wolf" amendment, section 6001. The House attempted to consider the Act's renewal under a "suspension of the rules" procedure, which limits debate and is typically reserved for non-controversial, bipartisan bills. A short-term extension passed the House on February 17, 2011, and President Barack Obama signed a bill -
Former Egypt VP announced committee to reform constitution
Posted: February 8th, 2012, 8:00am MSK
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On February 8, 2011, former Egyptian Vice President Omar Suleiman announced that then-President Hosni Mubarak approved establishing a committee to reform the Egyptian Constitution [PDF]. The announcement followed other attempts to conciliate opposition leaders in response to the popular protest movement that began January 25, 2011. The proposed reforms failed to appease the protestors, who succeeded in ousting Mubarak from office on February 11, 2011. Coat of Arms of Egypt Learn more about Egypt and the laws governing constitutions from the JURIST news archive. Also on This Day at Law: Nebraska Supreme Court ruled electric chair execution unconstitutional Sri Lankan military police arrested defeated opposition candidate -
US-Russia nuclear arms treaty entered into force
Posted: February 5th, 2012, 8:00am MSK
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On February 5, 2011, the US and Russia formally inaugurated the New START [PDF], which is an agreement intended to reduce the nuclear arms stockpile in both countries. US Secretary of State Hillary Clinton and Russian Foreign Minister Sergei Lavrov exchanged documents in Munich that finalized two years of negotiations and marked the entering into force of the treaty. Russian President Dmitri Medvedev signed a bill ratifying the treaty in January 2011 and US President Barack Obama signed ratification documents for the treaty shortly before the treaty entered into force in February 2011. Barack Obama and Dmitri Medvedev at the New START signing in April 2010 Learn more about the -
German high court rejected police computer hacking efforts
Posted: February 5th, 2012, 8:00am MSK
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On February 5, 2010, the German Federal Court of Justice ruled that police in Germany were not permitted to secretly access computer and Internet data stored on criminal suspects' computers without proper authorization. The Court held that police hacking is illegal because no legal framework currently exists to legitimize the activity. The practice was reportedly used by German police to investigate alleged sex offenders and their viewing of Internet child pornography. The issues of hacking and privacy have been of particular concern in Europe in light of the UK phone hacking scandal in July 2011 and subsequent investigations by UK Lord Justice Brian Leveson. Flag of Germany Learn more about -
Haiti officials charged 10 Americans with kidnapping children
Posted: February 4th, 2012, 8:00am MSK
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On February 4, 2010, Haitian authorities charged ten US citizens with kidnapping 33 Hatian children. In January 2010, they were arrested while attempting to transport the children across the Haitian border into the Dominican Republic. The Americans were associated with the Idaho-based group, New Life Children's Refuge (NLCR). Many of the children were not orphans, but given up by their parents to the missionaries in the aftermath of the Haitian earthquake, although group leader Laura Silsby denied charges that the missionaries intended to put the children up for adoption. Each of the ten Americans were charged with one count of kidnapping and one count of criminal association. The kidnapping charges -
Denmark court sentenced cartoonist attacker to 9 years
Posted: February 4th, 2012, 8:00am MSK
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On February 4, 2011, a Danish court sentenced Muhideen Mohammed Geelle to nine years in prison for his 2010 attack on Kurt Westergaard, illustrator of the controversial 2005 cartoon depicting the Prophet Muhammad as a suicide bomber. Geelle was armed with an axe and knife when he broke into Westergaard's home in January 2010 in an ostensible assassination attempt. Police shot Geelle and took him into custody after he attacked the officers. In February 2006, Denmark was the target of protests in many Muslim countries after the Danish newspaper Jylklands-Posten published Westergaard's cartoon. Subsequent reprinting of the cartoon and others like it has also sparked additional outrage from Muslim communities. -
Mississippi federal judge dismissed health care challenge
Posted: February 3rd, 2012, 8:00am MSK
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On February 3, 2011, Judge Keith Starrett of the US District Court for the Southern District of Mississippi dismissed a lawsuit challenging the constitutionality of the Patient Protection and Affordable Care Act's (PPACA). Mississippi Lt. Governor Phil Bryant and 10 other residents filed a complaint against the law, challenging the "individual mandate" portion of the law which would force US citizens to purchase health insurance or face tax penalties. Their claim was dismissed for lack of standing under Article III of the US Constitution because it was not sufficiently imminent. The defendants were also successful in arguing that the alleged injury was too remote. In September 2011, Judge Starrett allowed -
Report concluded that Oil-for-Food head 'seriously undermined' UN integrity
Posted: February 3rd, 2012, 8:00am MSK
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On February 3, 2011 the Independent Inquiry Committee (IIC) released a report investigating the UN Oil-for-Food program. The program began to exchange Iraqi oil for food and medicine in 1996, despite international sanctions prohibiting such trading. The report concluded that the program's head, Benon Sevan, solicited improper oil deals and "seriously undermined" the integrity of the UN. Then UN Secretary General Kofi Annan formally suspended Sevan on February 7, 2005. In August 2005 a more detailed report prompted Sevan to also resign his honorary UN position. The August 2005 report accused Sevan of accepting almost $150,000 in bribes through the program. Ahead of the 2003 US invasion of Iraq, the -
Rick Perry signed first US order mandating HPV vaccinations
Posted: February 2nd, 2012, 8:00am MSK
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On February 2, 2011, Texas Governor Rick Perry signed an executive order requiring all sixth grade girls in the state to be vaccinated against the human papillomavirus virus (HPV) — a sexually transmitted disease that causes cervical cancer. The order was the first of its kind in the US, although Virginia had previously mandated voluntary HPV vaccincation through the state legislature in March 2007. Governor Perry cited "an incredible opportunity to effectively target and prevent cervical cancer" in support of taking the issue out of the Texas legislature's control, where it faced strong opposition. Texas legislators questioned the legality of Perry's order and quickly repealed it with overwhelming support. Similar -
HRW called for end to police violence in Tunisia protests
Posted: February 2nd, 2012, 8:00am MSK
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On February 2, 2011, Human Rights Watch (HRW) called for an end to police attacks and an investigation into the deaths of protesters in Tunisia. The UN previously reported at least 219 people had died in the protests that resulted in the resignation and flight of former president Zine Al Abidine Ben Ali. The calls for investigation from HRW dovetailed with UN Secretary-General Ban Ki-Moon's urging that all sides of the conflict cooperate to reestablish rule of law. The transitional government has since charged and tried Ben Ali in absentia for protester abuse. The country also joined the International Criminal Court (ICC) in June 2011. Flag of Tunisia Learn more -
Montana filed water rights lawsuit against Wyoming in Supreme Court
Posted: February 1st, 2012, 8:00am MSK
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On February 1, 2007, the state of Montana filed a lawsuit against the state of Wyoming in the US Supreme Court, claiming that Wyoming had violated the Yellowstone River Compact, which allocates water rights between the two states and North Dakota. In the lawsuit, Montana alleged that Wyoming had taken more than its share of water through improved irrigation methods and water storage facilities. The Court, which has original jurisdiction over lawsuits "in which a state shall be a party" under Article III of the US Constitution, appointed a special master to conduct fact-finding in October 2008 and ruled in favor of Wyoming in May 2011. Learn more about Montana, -
Pakistan court ordered US government worker held on murder charges
Posted: February 1st, 2012, 8:00am MSK
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On February 1, 2011, a judge for the Lahore High Court in Pakistan ordered that US consulate worker Raymond Davis be held in custody for the murder of two men in Pakistan. The order came over US objections that Davis enjoyed diplomatic immunity. Davis and US embassy officials claimed that Davis shot and killed the victims in self-defense after the men attempted to carjack Davis's vehicle. Davis was later acquitted of the charges after reportedly reaching a $2.35 million "blood money" settlement with the victims' families. Pakistani coat of arms Learn more about Pakistan and the laws governing diplomatic immunity from the JURIST news archive. Also on This Day at