[JURIST] The American Civil Liberties Union (ACLU) and Human Rights Watch (HRW) [advocacy websites] on Wednesday called on the Alabama Department of Corrections (ADOC) [official website] to end prison segregation based on HIV status [press release]. The ACLU and HRW jointly produced a report [text, PDF], which concluded that the prisoners face fundamental discrimination which amounts to "cruel, inhuman and degrading treatment of prisoners," including:

involuntary disclosure of HIV status to family, staff and other prisoners; loss of liberty by assignment to higher security prisons; denial of work, program and re-entry opportunities; and policies that promote, rather than combat, fear, prejudice and even violence against persons living with HIV. These and other conditions documented in this report go well beyond discrimination.

[JURIST] The Argentine relatives of Spanish citizens killed during the Spanish Civil War [LOC backgrounder] asked an Argentine federal court [official website, in Spanish] on Wednesday to open a judicial investigation into human rights violations committed during the early years of the Francisco Franco [BBC backgrounder] regime. The complainants contend that their case, alleging [AFP report] the regime's responsibility for the execution of their relatives, can be heard in Argentina's courts through universal jurisdiction [AI backgrounder; JURIST news archive]. They also hope to add to their complaint any other cases involving disappearances or killings committed during Franco's regime. Local human rights groups, including the Grandmothers of the Plaza de Mayo, the Argentine League for Human Rights and the Peace and Justice Service [advocacy websites, in Spanish] have joined the complainants [AP report] in support of the investigation. If the Argentine federal court decides to take the case, it will be the first time an Argentine court invokes universal jurisdiction for crimes committed in another country.

The request for a judicial probe in Argentina is a reaction to the Spanish Supreme Court's decision to charge [JURIST report] National Court judge Baltasar Garzon [BBC profile; JURIST news archive] with abuse of power for his investigation of war crimes during the Franco regime. The indictment has sparked international outrage [NYT op-ed] and massive protests [La Jornada report, in Spanish] in Spain. Last week, Garzon appealed the indictment [JURIST report]. Garzon alleged that the indictment is politically motivated, compromises judicial independence, and seeks to impose a specific interpretation of a 1977 law granting amnesty for political crimes committed under Franco.

[JURIST] The Arizona House approved [press release] a bill [SB 1070 materials] Tuesday that would establish one of the strictest illegal immigration [JURIST news archive] policies in the nation. The bill would criminalize being in the US without proper documentation and would give law enforcement officers increased ability [NYT report] to require individuals suspected of being illegal immigrants to provide proof of their legal status. The proposal has been heavily criticized by immigrant rights groups. Chris Newman, Legal Director of the National Day Laborer Organizing Network condemned the bill [press release] as "the most anti-immigrant legislation the country has seen in a generation." The bill now moves to the Senate, where it is expected to be approved and sent to Governor Jan Brewer, who will likely approve the final version.

In 2008, Arizona voters defeated a ballot measure [JURIST report] dealing with illegal immigrants. The initiative would have revoked the business licenses of employers that knowingly hire illegal immigrants and would have strengthened penalties for identity theft. More illegal immigrants enter the US through Arizona's border than through any other state, and citizens have expressed frustration with the federal government's failure to prevent illegal immigration.

[JURIST] A Chinese Intermediate People's Court in Chongqing on Wednesday sentenced [Xinhua report] former deputy police chief and high-ranking judicial official Wen Qiang to death. Wen was convicted of accepting bribes, protecting criminal gangs, rape, and being unable to justify his large amount of personal assets. The court's verdict stated that from 1996 to 2009 Wen accepted 12 million yuan in bribes, or approximately $1.76 million. Wen was also found guilty of protecting five organized crime gangs in Chongqing and raping a university student in 2007. The verdict stated that Wen would be stripped of his political rights [China Daily report] for life, and his personal property would be confiscated. Wen is the highest-ranking official to be charged in the corruption probe [AFP report] in Chongqing. Wen's wife, Zhou Xiaoya, was convicted of taking advantage of her husband's position and accepting bribes of 4.49 million yuan and faces eight years in jail.

Wen's conviction comes amid China's continuing attempt to eradicate government corruption [JURIST news archive]. In March, the Hebei Province People's High Court upheld a life sentence for former vice president of China's Supreme People's Court (SPC), Huang Songyou, who had been convicted [JURIST reports] of bribery and embezzlement. Earlier that month, SPC president Wang Shengjun [official profile, in Chinese] called for increased efforts to fight corruption [JURIST report] in the country's court system. In January, the SPC announced new anti-corruption rules [JURIST report] in an effort to increase public confidence in the rule of law. In October, two Chongqing courts sentenced [JURIST report] six individuals to death for their connections with organized crime gangs.

[JURIST] The Cabinet of India has approved the Prevention of Torture Bill [text, PDF] in an effort to move closer to international human rights standards. The bill, which experienced long delays before being passed [Times of India report] last week, will now be introduced to the Indian Parliament [official website]. Indian Prime Minister Manmohan Singh [official website] strongly supports the bill in order to move the country closer to complying with the UN Convention Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment [text, PDF] by expanding Indian law to define torture, among other things. India remains among the small number of nations that has not ratified the treaty. The bill was introduced more than a year before it was passed. Many Cabinet members feared political backlash, as the public strongly supports actions taken against terrorists. Despite the passing of the bill, human groups believe [Globe and Mail report] that India still has a long way to go to prevent torture in the country.

Last month, an Indian court heard closing arguments [JURIST report] in the trial of Mohammed Ajmal Kasab [NDTV backgrounder], accused of participating in the November 2008 Mumbai terrorist attacks [BBC backgrounder; JURIST news archive]. Kasab claims that he confessed to the crimes in February 2009 after being tortured [Hindu report] by police. In December, Kasab withdrew [JURIST report] his confession in an Indian court, claiming he was tortured and framed by police. Kasab originally pleaded not guilty in May, but interrupted his trial in July to confess and change his plea to guilty [JURIST reports].

[JURIST] Florida Attorney General Bill McCollum [official website] announced Tuesday that Georgia will join [press release] 18 other states in a lawsuit [complaint, PDF] challenging the constitutionality of the recently enacted health care bill [HR 3590 materials]. The lawsuit was originally filed [JURIST report] last month in the US District Court for the Northern District of Florida [official website]. McCollum issued a statement welcoming Georgia to the judicial efforts, reiterating the states' belief that the health care bill is unconstitutional, and stating plans to take the suit to the Supreme Court if necessary:

We welcome Georgia to our efforts to protect the constitutional rights of our citizens as well as the sovereignty of our states. The federal government cannot mandate that all citizens buy qualifying health care coverage or be forced to pay a tax penalty - this is unconstitutional. We will aggressively pursue this lawsuit to the U.S. Supreme Court if necessary to prevent this unprecedented expansion of federal powers, impact upon state sovereignty, and encroachment on our freedom.

[JURIST] The Nebraska Legislature [official website] voted 44-5 on Tuesday to approve the Abortion Pain Prevention Act [LB1103 materials; press release] prohibiting an abortion [JURIST news archive] at or past 20 weeks. The law is based on medical evidence that allegedly indicates a fetus can feel pain following that point and goes beyond the previous state law that prohibited abortions at approximately 24 weeks based on the fetus's ability to live outside the womb. The legislation allows a patient or the father of a fetus to sue a doctor for actual damages when the act is violated. Nebraska Governor Dave Heineman [official website] signed [press release] the legislation the same day along with another bill [LB 594 materials; JURIST report] approved Monday that would require health care professionals to determine if a woman seeking the abortion had been pressured into the procedure and would also require them to assess the woman for additional risk factors that could lead to mental or physical complications.

The Abortion Pain Prevention Act makes Nebraska the first state to prohibit [ABC report] an abortion based on the idea that a fetus can feel pain as early as 20 weeks. The Nebraska laws join recent anti-abortion laws [JURIST report] passed in Oklahoma, which prohibit abortions performed because of the gender of the fetus, protect medical employees who refuse to participate in procedures such as abortion based on religious beliefs, and regulate the use of RU-486, or mifepristone, a chemical used in abortion procedures. Advocacy groups have criticized [JURIST comment] the Oklahoma laws and promised to challenge them in court.

[JURIST] Zimbabwe's government on Wednesday declared void a law mandating that indigenous people have majority ownership in all businesses valued at over $500,000. The law took effect [JURIST report] last month, but the country's stock market has since fallen 10 percent [BBC report], causing concern that the law would drive away potential investors. The majority of firms within Zimbabwe that meet the $500,000 threshold are banks and mining companies, and shares in mining companies have fallen 20 percent since the law's enactment. The decrease in stock value is another obstacle for a country in dire economic straits, including an inflation rate [Guardian report] that has been as high as 231,000,000 percent. A spokesperson for Prime Minister Morgan Tsvangirai [official website] indicated that the law, while void, will be reexamined [Al Jazeera report] as the government looks for the best way forward.

Critics of the law have compared it to the land reform program passed under the Robert Mugabe [BBC profile; JURIST news archive] administration in 2000, which resulted in the government seizure of farm land [BBC report] from white farmers. In March, white farmers displaced by Zimbabwe's land reform program announced an intention to seize [Telegraph report] Zimbabwean government property in South Africa pursuant to the judgment of the Southern African Development Community Tribunal (SADC Tribunal) [official website]. In January, the Zimbabwe High Court ruled [JURIST report] that it is not bound by a decision of the SADC Tribunal that ordered the state to halt the land reform program for its discriminatory nature. Mugabe has faced harsh criticism [Guardian report] for the program, which has sought to redistribute white-owned land among the nation's indigenous farmers. In February 2006, the Zimbabwean land minister said that there are no white farmers operating legally [JURIST report] in Zimbabwe. The government has appropriated some 4,000 farms through the program.

[JURIST] Interim Kyrgyz leader Roza Otunbayeva [Telegraph profile] said Wednesday that ousted president Kurmanbek Bakiyev [BBC profile] should stand trial for the violent protests [JURIST report] that erupted in Kyrgyzstan last week. The protests, prompted in part by a drastic increase in utility costs, led to at least 84 deaths [Reuters report] and many more injuries. It is not yet clear [Al Jazeera report] whether the interim government will seek to have Bakiyev arrested or prosecuted. While Bakiyev has not formally announced whether he will resign, he has indicated that he is willing to cooperate with the interim government to bring a peaceful resolution to the current political tensions.

On Tuesday, Kyrgyzstan's interim government announced that the country's highest court will be suspended [JURIST report] until a permanent government is established. Roza Otunbayeva launched the interim government [JURIST report] last week after the violent protests forced Bakiyev to flee the capital. The protests came just one week after UN Secretary-General Ban Ki-moon [official profile] urged Kyrgyzstan to protect all forms of human rights [JURIST report], including "free speech and freedom of the media." Ban depicted some recent events [RIA Novosti report] in Kyrgyzstan as "troubling," including the shutdown of an opposition newspaper, a police raid on a local television station that resulted in the station being taken off the air, and the confiscation of computers from a video web portal based on allegations of pirated software use.

[JURIST] A judge in the US District Court for the Southern District of Mississippi [official website] on Tuesday ordered [DOJ press release] a southern Mississippi school district to end its practice of allowing students to transfer from their assigned schools and classroom groupings, resulting in a segregated school system. The US Department of Justice (DOJ) [official website] initially brought a lawsuit to enforce a 1970 order against the Walthall County School District [official website] that prohibited the district from racially segregating its schools. According to court filings, schools in the district had allowed about 300 students each year, a majority of them white, to transfer to a single school outside of their assigned area, leaving other schools in the district with a disproportionate number of black students. Additionally, some schools had assembled classrooms along racial lines. Judge Tom Lee's order requires the school district to change its transfer policy to allow a transfer only where the student has provided a compelling justification for the transfer and to revise its classroom assignment protocols. Lee's order stipulated that the school district must use a software program that randomly allocates students to classrooms to avoid segregation. School officials did not file any opposition in the case and have agreed to follow the judge's order.

Previously, the Walthall County School District had allowed [WP report] white students to transfer from schools located in Tylertown and attend the Salem Attendance Center about 10 miles away. The Tylertown schools host around 1,700 students with a makeup of about 75 percent African American students. More than 550 students go to the Salem Attendance Center, and approximately 66 percent of those students are white. The US Supreme Court originally struck down school segregation in the 1954 case of Brown v. Board of Education [opinion text].