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Legal news from Tuesday, November 13, 2007 |
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Massachusetts governor signs bill extending protection of abortion clinics
Deirdre Jurand on November 13, 2007 6:19 PM ET

[JURIST] Massachusetts Gov. Deval Patrick [official profile] on Tuesday signed a bill [press release] which mandates that abortion clinic protesters stand no closer than 35 feet from entrances of reproductive health care facilities. The new law [SB 1353 text], now one of the nation's strictest on clinic protesters, amends Massachusetts' 2000 floating buffer-zone law [text], which established specific restrictions in the 18-foot radius around reproductive health care facility entrances. The restrictions within that zone disallowed people from knowingly coming within six feet of other people without their consent. Protesters reportedly violated the law frequently, but the difficulty of proving consent consistently prevented successful prosecution. The state legislature designed the new fixed-zone law, which passed through the House 122-28 and through the Senate unanimously, to protect both the safety of patients and health care providers and the protesters' freedom of expression.
The nation's only tougher fixed-zone bill is the 36-foot buffer zone around a single clinic in Melbourne, Fla. A handful of other clinics and cities, as well as Montana and Colorado, also have buffer-zone laws, but Massachusetts' move to the 35-foot fixed zone still gives the state one of the nation's strongest buffer-zone laws. State lawmakers began campaigning [Globe report] for clinic zone laws in 1994 after a man killed two people and wounded five after opening fire in reproductive health clinics outside Boston. The state passed the floating buffer zone law in 2000, and the law was challenged the next year. The Massachusetts Supreme Judicial Court [official website] ruled that buffer zones did not violate the First Amendment right to free speech and peaceful assembly. Reuters has more.


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Cluster munitions conference ends without agreement on binding ban
Caitlin Price on November 13, 2007 4:53 PM ET

[JURIST] A week-long meeting of parties to the Convention on Certain Conventional Weapons (CCW) [PDF text] concluded Tuesday without delegates reaching an agreement on a legally binding ban on cluster munitions [FAS backgrounder; JURIST news archive]. Representatives from 102 nations did agree to negotiate a new pact regarding "the humanitarian impact of cluster munitions," but failed to agree on a complete ban. Frustrated by the "weak" conclusion, Human Rights Watch official Steve Goose said that support for the so-called "Oslo Process" [conference materials; JURIST report] is the best hope for a ban on cluster munitions in 2008. AP has more.
Cluster munitions have been used by at least 23 countries; at least 34 nations have produced more than 200 different types of cluster munitions. In June, the US said it will not support a cluster munitions ban [JURIST report] but that it is open to negotiations to reduce the humanitarian impact by requiring the increased reliability, accuracy and visibility of unexploded munitions. In February, 46 of 49 countries participating in the two-day Oslo Conference on Cluster Munitions agreed to an action plan to develop a new international treaty [press release] to ban the use of cluster munitions by 2008. Romania, Poland and Japan refused to sign the Oslo Declaration [PDF text]. The United States, Russia, Israel, and China chose not to attend the conference. Cluster munitions are considered by many to be inaccurate weapons designed to spread damage indiscriminately and could therefore be considered illegal [CMC backgrounder] under multiple provisions of Protocol I [text] of the Geneva Conventions [ICRC materials].


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No plea from US Marine at Haditha killings arraignment
Caitlin Price on November 13, 2007 3:10 PM ET

[JURIST] A US Marine declined to enter a plea at his Tuesday arraignment [USMC press release] on charges stemming from the killings of 24 Iraqi citizens in Haditha [USMC timeline; JURIST news archive] in November 2005. Lance Cpl. Stephen B. Tatum [advocacy profile] faces a maximum of 19 years in prison if found guilty of involuntary manslaughter, reckless endangerment, and aggravated assault charges. Lt. Gen. James Mattis decided not to charge Tatum with murder in October following a recommendation [JURIST reports] by investigating officer Lt. Col. Paul Ware, who said that that Tatum fired on civilians "not to exact revenge and commit murder" but "because of his training and the circumstances he was placed in." Tatum's lawyers said he will plead not guilty at his March 28 trial. Reuters has more.
Tatum served in Haditha under Lt. Col. Jeffrey R. Chessani [JURIST news archive], who faces court-martial for dereliction of duty and violation of a lawful order based on the allegations that he failed to properly investigate shootings; he will be arraigned [USMC press release] on Friday. Chessani, the former commander of the Third Battalion, 1st Marine Regiment [official website], did not order an immediate investigation into the deaths because he did not suspect any wrongdoing. In a sworn statement made to military investigators, Chessani said that he did not see any cause for alarm and that he believed at the time that killings followed a complex attack by insurgents attempting to lure Marines into shooting into homes where civilians were located. It has been alleged that the civilians were murdered in cold blood [JURIST report], but Chessani said that when he first learned of allegations that the civilians were killed intentionally he thought that the claims were baseless. Related charges [text] against four servicemen have been dropped.


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Yahoo! settles lawsuit brought by China journalists for abetting torture
Alexis Unkovic on November 13, 2007 1:14 PM ET

[JURIST] Yahoo! Inc. [corporate website] agreed Tuesday to settle a lawsuit [case materials; JURIST report] filed in US federal court alleging that the Internet giant aided and abetted human rights violations committed by the Chinese government by providing Chinese officials with information, including e-mail records and user ID numbers, that helped them to identify pro-democracy activists in violation of the Torture Victim Protection Act and the Alien Tort Statute [texts]. The World Organization for Human Rights USA [advocacy website] filed the lawsuit on behalf of imprisoned Internet activists Wang Xiaoning [HRIC profile, PDF], Wang's wife Yu Ling, and journalist Shi Tao [JURIST report] in the US District Court for the Northern District of California in April 2007. The parties did not disclose the terms of the settlement, but the advocacy group indicated [press release] Tuesday that some of the key issues in the settlement discussions included "Yahoo's efforts to secure the release of Shi Tao and Wang Xiaoning from prison, considerations regarding future law enforcement requests for identifying Internet user information, and efforts to meet the humanitarian needs of those who have been unlawfully detained as a result of Yahoo's actions."
Last week, Yahoo Chief Executive Jerry Yang and General Counsel Michael Callahan [written testimonies, PDF] defended [JURIST report] Yahoo's behavior in providing information to the Chinese government at a hearing [HCFA materials; JURIST report] before the US House Committee on Foreign Affairs [official website], saying that the company could not ask local employees in China to refuse to comply with lawful government demands even if Yahoo disagreed with the Chinese action. AP has more.


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Supreme Court agrees to hear paralegal fees case
James M Yoch Jr on November 13, 2007 12:02 PM ET

[JURIST] The US Supreme Court [official website; JURIST news archive] on Tuesday granted certiorari in Richlin Security Service v. Chertoff (06-1717) [docket; cert. petition, PDF], a case where the Court will consider whether paralegal services can be recovered at the market rate when determining the payment of attorneys' fees. The US Court of Appeals for the Federal Circuit ruled [opinion, PDF] that the Equal Access to Justice Act [text] permits only the reimbursement of paralegal services as the cost of the expense to the attorneys rather than as fees at the market rate. A decision in this case would resolve a split among the circuit courts of appeal. SCOTUSblog has more.
Among the cases denied certiorari by the Supreme Court on Tuesday is Belbacha v. Bush (07-173) [docket], in which the petitioner, an Algerian citizen and Guantanamo Bay [JURIST news archive] detainee, requested emergency relief to block his transfer by the US government to Algeria. Ahmed Belbacha [BBC profile] fears torture by Algerian officials and retribution by terrorists if he is returned to his home country. The Court, however, refused to hear his appeal, which would have come directly from the US District Court for the District of Columbia. In August, the Supreme Court also denied [JURIST report] Belbacha's emergency application for a stay [PDF text; SCOTUSblog report] after the US Court of Appeals for the District of Columbia Circuit lifted its stay [order, PDF] on Belbacha's transfer. Belbacha's request for an original writ of habeas corpus has also been rejected by the Supreme Court. AP has more.


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Small island states say climate change threatens human rights
James M Yoch Jr on November 13, 2007 11:25 AM ET

[JURIST] Representatives of 26 members of the Alliance of Small Island States (AOSIS) [official website] met Tuesday in Maldives to work on a draft resolution on climate change to be presented at the 2007 UN Framework Convention on Climate Change conference (UNFCCC) [official website] in December. AOSIS, a coalition of 43 of the world's smallest island nations and states, plans to show that environmental protection, preservation and security are part of an individual's basic human rights and that rising sea levels due to climate change threatens these rights. The rising sea levels pose a danger to the island nations and their tourism-based economies, according to Maldives President Maumoon Abdul Gayoom [official profile; BBC profile], who called on the international community to recognize the threat [press release] of rising sea levels on the human rights of millions of inhabitants of AOSIS member states. During the conference, AOSIS is also expected to develop policies for combating climate change with a focus on emissions reduction.
In September, UN Secretary-General Ban Ki-moon [official website] said that leaders from across the globe had expressed willingness to cooperate fully to confront climate change issues [UN News report] during the UNFCCC in December. Ban emphasized the need to negotiate and adopt a successor to the Kyoto Protocol [PDF text] developed during the 2005 UNFCCC, which will expire in 2012. Last month, a spokesman for the 2007 UNFCCC said that both Australia and the US, two nations that have faced intense criticism [JURIST comment] for their opposition to the Kyoto Protocol, want to participate [JURIST report] in negotiations for a new global climate change agreement. Reuters has more.


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China to relax entry prohibition against HIV-positive aliens
Michael Sung on November 13, 2007 9:35 AM ET

[JURIST] The Ministry of Health of the People's Republic of China [official website, in Chinese] said Monday that the government is working toward relaxing its strict policy [press release, in Chinese] of denying all HIV-positive aliens entry to the country. A ministry spokesperson said that the policy was initially put in place before the transmission of HIV was fully understood. Under current law, temporary visitors are required to declare if they are HIV-positive, while those seeking Chinese residency must submit to an HIV test.
The Chinese government estimates that there are approximately 650,000 persons in China afflicted with HIV, although this figure is contested. In 2002, the Joint United Nations Programme on HIV and AIDS reported that there are approximately one million cases of HIV in China [report, PDF]. In February 2006, China issued regulations [JURIST report] prohibiting discrimination against persons infected by the virus and providing for free treatment. AP has more.


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NATO forces exposing detainees to torture risk with Afghanistan transfers: Amnesty
Jaime Jansen on November 13, 2007 8:38 AM ET

[JURIST] The International Security Assistance Force (ISAF) [official website], led by the North Atlantic Treaty Organization (NATO) is exposing terrorism detainees to risks of torture by transferring NATO-held detainees into custody of Afghanistan authorities, Amnesty International [advocacy website] said in a report [text; press release] Monday. Amnesty's report focuses on actions by Belgium, Canada, the Netherlands, Norway, and the United Kingdom, saying that ISAF forces from those countries have been transferring terror detainees to Afghanistan's National Directorate of Security, despite numerous reports of torture. Amnesty added that NATO forces have an obligation not to turn detainees over to countries likely to torture detainees. Amnesty called for ISAF to temporarily suspend all detainee transfers to Afghan authorities and for ISAF member countries to help reform the Afghan detention system. Amnesty also called for the Afghan government to make public their detention policies, to ratify the Optional Protocol to the Conventional Against Torture [text], to allow the UN Special Rapporteur on torture [official website] to visit Afghanistan, and to grant independent monitors unrestricted access to all Afghan detention centers.
Last month, Amnesty accused [JURIST report] the Canadian government of trying to derail a lawsuit over whether the Canadian Army [official website] in Afghanistan is transferring custody of detainees to Afghan forces to face torture by bogging down the lawsuit with a flurry of technical arguments. Amnesty International Canada and the British Columbia Civil Liberties Association [advocacy websites] brought complaints against the Canadian Forces Provost Marshal [official website] in Federal court in February, alleging complicity in torture by Canadian personnel serving in Afghanistan as part of ISAF. In September, the Canadian Army said that independent investigators found no evidence to support allegations [JURIST reports] that the Army "may have aided or abetted the torture of detainees" by transferring them to Afghan custody. Canada's Federal Court ruled earlier this month that the two advocacy groups should be granted public interest standing [JURIST report] to seek judicial review of the Canadian military's actions. Reuters has more. The Canadian Press has additional coverage.


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ECCC charges former Khmer Rouge officials with crimes against humanity
Jaime Jansen on November 13, 2007 7:53 AM ET

[JURIST] The Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website; JURIST news archive] announced formal charges [press release] Tuesday against former Cambodian Foreign Minister Ieng Sary and his wife Ieng Thirith, who served as minister for social affairs. The two were arrested [PDF press release; JURIST report] Monday and are both charged with crimes against humanity committed during the Khmer Rouge [JURIST news archive] regime. Sary is also charged with war crimes. Sary and Thirith are two of five former Khmer Rouge leaders under investigation and their arrests were widely anticipated. Sary is suspected of perpetrating and facilitating murders as well as coordinating Khmer Rouge's policies of forcible transfer, forced labor and unlawful killings. Thirith allegedly directed and planned widespread purges and the killings of members within the Ministry of Social Affairs. Sary and Thirith are scheduled to appear before the before the UN-backed genocide tribunal on Wednesday.
The ECCC was established by a 2001 law [text as amended 2004, PDF] to investigate and try surviving Khmer Rouge officials. The Khmer Rouge is generally held responsible for the genocide of an estimated 1.7 million Cambodians [PPU backgrounder] who died between 1975 and 1979. To date, no top Khmer Rouge officials have faced trial. In August, the ECCC brought its first charges against Kaing Khek Iev [TrialWatch profile; JURIST report], better known as "Duch", who was in charge of the notorious S-21 prison in Phnom Penh. Former Khmer Rouge official Nuon Chea [GenocideWatch report] is awaiting trial [JURIST report] for charges [statement, PDF] of war crimes and crimes against humanity. Charges were also expected to be brought against former head of state Khieu Samphan, though Khieu suffered a stroke [AP report] Tuesday, putting the prospect of charges in doubt. AP has more.


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