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Legal news from Sunday, October 18, 2009




Spain protesters oppose relaxation of abortion law
Amelia Mathias on October 18, 2009 4:04 PM ET

[JURIST] Spanish protesters rallied in Madrid on Saturday in opposition to a law that would relax restrictions on abortions. Protesters adopted the slogan "Every life matters" and former Spanish prime minister Jose Maria Aznar spoke [El Pais report, in Spanish] in support of the protesters. Estimates claim that between 250,000 and two million protesters attended, but no objective count [BBC report] was made. The new bill would permit a girl 16 years or older to terminate a pregnancy without the permission of her parents and would ease current abortion laws [NYT report], which require a woman to prove that her mental or physical health is in danger before receiving an abortion.

Spain's Council of State approved the bill [JURIST report] last month. The changes were proposed [JURIST report] in March by a panel of legal and medical experts led by the Minister of Equality Bibiano Aido [official website, in Spanish], eliciting widespread protests [JURIST report] throughout Spain. The panel was formed [JURIST report] last September at the request of Prime Minister Jose Luis Rodriguez Zapatero [official profile, in Spanish] as part of a series of social reforms including same-sex marriage [JURIST report] and streamlined divorce proceedings. The conservative Popular Party [official website, in Spanish] has repeatedly expressed the opinion [El Pais report, in Spanish] that relaxed abortion laws would stand in opposition to Article 15 of the Spanish Constitution [text, in Spanish], which guarantees the right to life. Spanish abortion laws [BBC backgrounder] are among the most restrictive in European nations.






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UN SG Ban establishes committee to investigate alleged Guinea rights abuses
Amelia Mathias on October 18, 2009 3:01 PM ET

[JURIST] UN Secretary-General Ban Ki-Moon [official profile] established [statement] an investigation committee on Friday to look into possible human rights abuses by Guinean soldiers on September 28. The Guinea junta on Saturday also appointed [AP report] a mixture of doctors, lawyers, and judges to a National Commission for an Independent Investigation, with similar goals. A spokesperson for Ban said:


The Secretary-General remains deeply concerned by the tense situation in Guinea following the violent crackdown, which he had strongly condemned, on unarmed civilians on 28 September in Conakry. This crackdown resulted in many deaths and injuries and allegedly in gross violations of human rights, including rape. The Secretary-General has therefore decided to establish an international commission of inquiry to investigate those incidents with a view to determining the accountability of those involved. A mission will be sent immediately to look into the modalities for the setting up of this commission.

The incident stemmed from a pro-democracy demonstration against military junta leader Moussa Dadis Camara [BBC profile], who intended to push elections forward three months and stand for re-election. Soldiers allegedly opened fire on demonstrators, and 57 are reported dead [AFP report], with more than 1,000 more injured or raped.

The International Criminal Court last week placed the Guinean military under preliminary investigation [JURIST report] for human rights violations for the September 28 incident. Camara led a coup in December 2008 after the death of president Lansana Conte [BBC obituary]. The coup received mixed reactions among Guineans, some of whom welcomed [Washington Times report] a change from Conte's 24-year regime. Camara promised to remain in power only long enough to assist the country's transition to a new election in which he would not run himself. The international community decried the coup, and conditions inside the African country have since declined [HRW report] with a rise in violence and increasing crackdown on opposition.





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UN rights council adopts Gaza conflict report
Steve Czajkowski on October 18, 2009 11:06 AM ET

[JURIST] The UN Human Rights Council (UNHRC) [official website] passed a resolution [press release; text, PDF] Friday endorsing the final report [JURIST report] of the UN Fact Finding Mission on the Gaza Conflict [official website], which recommends that both Israel and Hamas should conduct credible investigations into alleged human rights violations that took place during Operation Cast Lead [Global Security backgrounder], or face referral to the International Criminal Court (ICC) [official website]. The council voted 25-6, with 11 abstaining, to back the report and recommended that the UN General Assembly [official website] examine the report during its current session. In adopting the resolution, the UNHRC strongly condemned actions by the Israelis, which limited Palestinians' access to their lands. The resolution also called for an end to Israeli policies in East Jerusalem [B'Tselem backgrounder] which have resulted in the confiscation of land, demolishing of homes, and expansion of new settlements, and demanded that Israel respect the religious rights of those in the Occupied Palestinian Territory [OHCHR backgrounder], according to the Universal Declaration of Human Rights [text] and other international conventions. Ultimately, the resolution calls on the UN High Commissioner for Human Rights Navi Pillay [official profile], to monitor the human rights situation in and around East Jerusalem.

Last month, Richard Goldstone, head of the Gaza mission, presented his findings [JURIST report] to the UNHRC. The Goldstone mission began its field operations in Gaza in June, entering Gaza through Egypt's Rafah crossing after Israel announced that it would not cooperate with the investigation, and concluded hearings [JURIST reports] in July. Goldstone was appointed to head the investigation [JURIST report] in April, amid strong criticism [JURIST report] from Israel. The probe followed a previous report [text, PDF; JURIST report], authored by UN Special Rapporteur Richard Falk, which criticized Israel for failing to take adequate precautions to distinguish between civilians and combatants in their offensives in the region. Israel has rejected [JURIST report] the findings of the Goldstone report, and has said that it will not comply with its calls for independent investigations.






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Zimbabwe opposition cabinet nominee trial delayed
Steve Czajkowski on October 18, 2009 10:04 AM ET

[JURIST] Proceedings against Zimbabwe Movement for Democratic Change (MDC) [party website] party treasurer and deputy agriculture minister-nominee Roy Bennett [BBC profile; JURIST news archive] were delayed Saturday, after his lawyers requested more time to develop their defense. Bennett faces charges [CNN report] under Zimbabwe's Public Order and Security Act [materials] for unlawfully possessing weapons and provoking others "to commit terrorism, banditry and sabotage." The weapons charges involve a possible death sentence. In response to Bennett's charges, Prime Minister Morgan Tsvangirai [BBC profile; JURIST news archive] has said that his MDC party would boycott [AP report] Zimbabwe's new power-sharing coalition government [BBC report], which is made up of members of the MDC and the African National Union-Patriotic Front (ZANU-PF) party of President Robert Mugabe [BBC profile; JURIST news archive]. Tsvangirai denounced the charges as a deliberate plot by Mugabe and tried to make it clear that he and his party were not withdrawing from the government, but that they would not participate in cabinet meetings and other executive functions with Mugabe's party.

Bennett was originally arrested on weapons charges in February, and was later released [JURIST reports] on bail in March. Bennett was then re-arrested [Reuters report] on the same charges earlier this week, only to be released on bail on Friday. Bennett was originally sought for questioning [JURIST report] in relation to similar allegations in 2006, but he had been seeking asylum in South Africa until recently [IOL report]. Treason charges against him were dropped [Times report] in favor of the terrorism and other charges.






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