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Posted: February 6th, 2012, 5:25pm MSK
[JURIST] The trial against 41 Libyans accused of assisting Muammar Gaddafi [BBC obituary; JURIST news archive] in suppressing the revolt during the Libya conflict [JURIST backgrounder] was postponed Sunday after a brief start, according to the Libyan news agency LANA. The men face charges [Tripoli Post report] of murder and helping prisoners escape. The court postponed the trial in response to pleadings [Reuters report] by the defense panel that the case be transferred to the civil judiciary because the military court allegedly lacks competence to rule on the issue. The trial is set to resume on February 15. Gaddafi's son,...
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Posted: February 5th, 2012, 11:14pm MSK
[JURIST] A judge for the US District Court for the District of Utah [official website] ruled [opinion, PDF] Friday that the Browns, a publicly polygamist family living in Utah, have standing to bring a suit challenging Utah's anti-bigamy law against Utah County Attorney General Jeffrey Buhman. The court dismissed challenges brought against Utah Governor Gary Herbert and Utah Attorney General Mark Shurtleff for lack of standing, saying there was insufficient evidence that the state officials had any intention to prosecute the family under these laws. The challenges against Buhman were allowed to stand, however, because there was sufficient evidence that...
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Posted: February 5th, 2012, 10:16pm MSK
[JURIST] The US Army dropped all charges against Army Specialist Michael Wagnon Friday, ending the final case in a series of related charges against five army personnel accused of killing Afghan civilians. Wagnon had been facing a charge of murder for his alleged involvement in the killing of three Afghan civilians and was expected to go to trial in March. All four of the other soldiers charged in connection with the killings were either convicted or pleaded guilty. In a statement Friday, Army spokesperson Lt. Col. Gary Dangerfield did not go into detail [News Tribune report] about why the charges...
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Posted: February 5th, 2012, 7:53pm MSK
[JURIST] The Virginia House of Delegates [official website] on Friday voted 71-28 to approve a bill [text] that would allow adoption agencies to refuse to place a child if the agency, or anyone affiliated with it, disagrees with the proposed placement based on religious beliefs. Effectively, this bill would allow adoption agencies to refuse to adopt to same-sex couples. Governor Bob McDonnell [official profile] said he will sign the bill if it makes it to his desk. The bill provides, in relevant part:No private child-placing agency shall be required to consider or consent to any placement of a child for...
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Posted: February 5th, 2012, 6:54pm MSK
[JURIST] A French court of appeals on Thursday upheld the 2009 fraud conviction against the Church of Scientology [church website, JURIST news archive], fining the defendants a total of €600,000. The decision upheld the original conviction of the Spiritual Association of the Church of Scientology (ASES) [church website, in French], an affiliated bookstore, and seven other members for fraud and illegal practice of pharmacy. The complaint was originally filed [JURIST report] by a woman who was recruited in 1998 and spent €21,000 on the church and was then not allowed to leave or receive a reimbursement. The appeals court ordered...
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Posted: February 3rd, 2012, 10:56pm MSK
[JURIST] The European Union's data protection authorities wrote a letter [text, PDF] to Google Thursday asking it to delay implementation of its new privacy policy, which is supposed to take effect March 1. The EU is concerned the privacy policy, which will combine various policies of more than 60 of its products into one, may be in violation of EU laws. Google released details of its new privacy policy [corporate website] last week, saying it will make it easier to share user information between different products, as well as enhancing search engine capabilities. Google also claims the policy will be...
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Posted: February 3rd, 2012, 9:54pm MSK
[JURIST] Lawyers for two Guantanamo prisoners accused of planning the 9/11 attacks [JURIST backgrounders] asked the Pentagon Thursday to extend the filing deadline for pre-trial motions. There are currently two prisoners requesting extension, and they both cite the recent mail review controversy as to why they have been unable to meet the current deadline. Navy Cmdr. Walter Ruiz, the lawyer appointed to represent Mustafa Ahmad al-Hawsaw,i claims that the new restrictions on legal mail between attorneys and their clients prevented Ruiz from meeting the deadline. The attorneys for Ramzi Binalshibh andal-Hawsawi are both asking for extensions [Miami Herald report]. Binalshibh...
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Posted: February 3rd, 2012, 9:33pm MSK
[JURIST] War crimes suspect Leon Mugesera was charged with genocide planning, incitement and distribution of arms Thursday in a Kigali court in Rwanda. He was deported from Canada to Rwanda [JURIST report] nine days ago, following a 16-year battle in the Canadian court system in which Mugesera attempted to stay in Canada. The Quebec Superior Court ruled last month [judgment, in French] that it did not have jurisdiction over the case. Mugesera is facing charges relating to a speech he made [BBC report] when he was a member of the ruling Hutu party in Rwanda in 1992. His speech, in...
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Posted: February 3rd, 2012, 9:04pm MSK
[JURIST] The French Commercial Tribunal [official website, in French] in Paris ruled Tuesday that Google Maps [corporate website] is anti-competitive because it is offered as a free service. The plaintiff, Bottin Cartographers [corporate website], alleged that Google provides its maps service for free, thereby undercutting competitors, in order to gain market control. The court ordered that Google must pay £415,000 to the plaintiff [Guardian report], as well as a €15,000 fine, totaling about $680,000. This is the first conviction against Google's maps service. The attorney for Bottin Cartographers said the decision "recognized the unfair and abusive character of the methods...
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Posted: February 3rd, 2012, 8:43pm MSK
[JURIST] The Massachusetts Appeals Court [official website] held Thursday that same-sex [JURIST news archive] couples who marry and have a baby via artificial insemination are bound by the same child custody laws [opinion] as heterosexual couples. The decision came after an appeal by Della Corte, who tried to have the parental rights of her ex-wife, Angelica Rameriez, revoked in divorce proceedings since she could never be a "husband," as defined by the Massachusetts law. The court found that even though Rameriez had no biological connection with the child and that the child was conceived before the marriage, she should still...
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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...