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Legal news from Tuesday, May 18, 2010 |
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Federal judge orders release of three Michigan militia suspects
Hillary Stemple on May 18, 2010 3:13 PM ET

[JURIST] A federal judge on Tuesday ordered the release of three individuals accused of crimes committed as part of the "Christian warrior" militia called Hutaree [militia website; CNN backgrounder]. Judge Victoria Roberts of the US District Court for the Eastern District of Michigan [official website] ordered the release of the suspects, two men and one woman, after federal prosecutors withdrew their objections. Roberts originally granted bail [JURIST report] to all nine militia suspects, but the US Court of Appeals for the Sixth Circuit [official website] granted an emergency stay [JURIST report] blocking their release. The appeal on the release of the other six members is still pending. The nine members have been indicted [JURIST report] on charges of seditious conspiracy, attempted use of weapons of mass destruction, teaching the use of explosive materials, and possessing a firearm during a crime of violence in connection with a plan to kill Michigan law enforcement officers. The suspects being released will be monitored electronically and their freedom of movement will be severely restricted.
Militia groups such as the Hutaree are reportedly on the rise in the US. A recent report by the Simon Wiesenthal Center [advocacy website] suggests that a lack of regulation on the Internet [JURIST report] is fueling this increased prevalence. A report by the Southern Poverty Law Center (SPLC) [advocacy website; JURIST comment], released last year, noted that these groups are making a comeback [JURIST report] after declining in number for several years. The SPLC said that such groups are generally anti-tax, anti-immigration, and increasingly racially motivated since the election of the country's first African-American president, Barack Obama. The SPLC also warned that these groups could soon pose a security risk to the country, quoting one official as saying "[a]ll it's lacking is a spark. I think it's only a matter of time before you see threats and violence."
5/19/10: A fourth militia member was released [AP report] Wednesday.


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Rights group claims Sri Lanka government committed war crimes
Sarah Miley on May 18, 2010 1:59 PM ET

[JURIST] The International Crisis Group (ICG) [official website] on Monday accused Sri Lankan security forces of war crimes [report text] during the last months of the Sri Lankan civil war [JURIST news archive]. The ICG claims that the violence of the 30-year civil war, which ended one year ago this month, escalated in January 2009 leaving thousands more dead than projected by the UN:The Sri Lankan security forces and the Liberation Tigers of Tamil Eelam (LTTE) repeatedly violated international humanitarian law during the last five months of their 30-year civil war. Although both sides committed atrocities throughout the many years of conflict, the scale and nature of violations particularly worsened from January 2009 to the government’s declaration of victory in May. Evidence gathered by the International Crisis Group suggests that these months saw tens of thousands of Tamil civilian men, women, children and the elderly killed, countless more wounded, and hundreds of thousands deprived of adequate food and medical care, resulting in more deaths. This evidence also provides reasonable grounds to believe the Sri Lankan security forces committed war crimes with top government and military leaders potentially responsible. There is evidence of war crimes committed by the LTTE and its leaders as well, but most of them were killed and will never face justice. The ICG went on to state that it had acquired enough evidence supporting allegations of shelling civilians, hospitals, and environmental facilities to warrant a independent inquiry by the UN on war crimes in Sri Lanka during the law months of the civil war. The Sri Lanka government denies these allegations and claims that no civilians were killed during the final months of the war. The UN has yet to comment on the report.
In March, UN Secretary-General Ban Ki-moon [official profile] reaffirmed his plan to set up a UN panel [JURIST report] to investigate allegations of human rights violations during the civil war. Earlier that month, Sri Lankan President Mahinda Rajapaksa [official profile] rejected [press release; JURIST report] Ban's plan to appoint a panel of experts to look into alleged rights abuses in the island nation's civil war, saying it "is totally uncalled for and unwarranted." The ICG report gives further validations to an independent UN inquiry into Sri Lankan war crimes. Sri Lanka has faced numerous allegations of human rights violations originating from incidents that took place during the final months of the civil war by both the government and the rebel Liberation Tigers of Tamil Eelam (LTTE) [JURIST news archive].


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China court convicts billionare of insider trading
Hillary Stemple on May 18, 2010 12:19 PM ET

[JURIST] A Chinese court on Tuesday convicted Huang Guangyu, formerly China's richest man [Hurun report], of illegal business dealings, insider trading, and corporate bribery. Huang was previously the chairman of Pengrun Investments and founder of subsidiary GOME Electrical Appliances [corporate website], both publicly traded on the Shanghai and Hong Kong stock exchanges. The court sentenced Huang to 14 years in prison, fined him 600 million yuan (88.23 million USD), and ordered him to turn over valuable assets. Huang was charged [JURIST report] in February by the Supreme People's Procuratorate [official website, in Chinese], almost 15 months after he was initially placed under detention. His case has been the subject of intense media coverage in China involving allegations of bribery [Xinhua reports] to high-level Shanghai police among others.
Huang's conviction is part of a wider campaign in China to crack down on corruption, which is seen by many as a threat [CE report] to China's future stability. On Monday, an appeals court upheld the conviction [JURIST report] of three mining employees for stealing commercial secrets. In February, the president of the Supreme People's Court (SPC) [official website, in Chinese] called for increased efforts [JURIST report] to fight corruption among the judiciary. The president's statement came just two weeks after former SPC vice president Huang Songyou was convicted [JURIST report] on bribery and embezzlement charges. In January, the Communist Party of China [GlobalSecurity backgrounder] announced [JURIST report] increased oversight of the families of government officials to control corruption.


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Federal lawsuit seeks to stop drilling at BP Gulf platform
Sarah Miley on May 18, 2010 11:37 AM ET

[JURIST] DC-based consumer advocacy organization Food and Water Watch (FWW) [advocacy website] filed suit [complaint, PDF] in a US district court Monday against the US Department of Interior (DOI) and the Minerals Management Service (MMS) [official websites] for an injunction to halt drilling at the BP Atlantis Facility [corporate website] in the Gulf of Mexico. FWW joined suit with Kenneth Abbott, a former safety contract engineer for BP, claiming that DOI and MMS allowed BP to operate the Atlantis Facility without documented, approved final engineering drawings considered critical to safe operation. FWW and Abbot hold that although federal law requires 100 percent engineer approved "as built" drawings for most platform systems, less then 10 percent of BP's Atlantis Facility drawings had met these specifications. The complaint, filed in the US District Court for the Southern District of Texas [official website], lists several attempts by both FWW and Abbott to address this safety issues with the DOI and MMS, but no action was taken by either government organization to compel BP to produce the requisite drawings.The gravity of BP's conduct has and will continue to have long lasting effect on the environment and public health, and DOI and MMS's failure to enforce its regulations against BP has only accelerated the time to another BP catastrophe. Accordingly, it is necessary that DOI and MMS be enjoined to temporarily prohibit production at the BP Atlantis Facility in order to protect and prevent further catastrophic destruction, and to further ensure the its regulations are enforced. ... [U]nless relief is granted by this Court, a catastrophe is certain to occur at the [facility], which will undoubtedly cause unprecedented, irreparable damages to the environment in and surround the Gulf of Mexico and the general public health. BP has repeatedly claimed that it has worked with the DOI and MMS to meet the specifications required for the Atlantis Facility, but the allegations against them raise more doubts on how well federal regulators, especially MMS, have been inspecting BP facilities in the wake of the Deepwater Horizon explosion [BBC backgrounder] last month. In response, the Obama administration asked DOI Secretary Kenneth Salazar [official profile] to conduct a "top-to-bottom" reform of the MMS [speech text] and ordered immediate inspections of all deep water operations in the Gulf. Salazar and other federal officials will be questioned on Tuesday by Senate committees on the efficacy of actions taken to prevent the April oil spill.
On Monday, Homeland Security Secretary Janet Napolitano [official profile] defended [testimony] the federal government's "all-hands-on-deck" response to the oil spill before the Senate Committee on Homeland Security and Governmental Affairs [official website], stating that the government lacked the resources and expertise to deal with a spill of this magnitude, and must therefore depend on the response of BP to resolve the subsea oil spill. President Barack Obama has announced that he is forming a presidential commission [AP report] to investigate the cause of the Deepwater Horizon explosion, and will be similar to the ones that investigated the Challenger explosion and the nuclear disaster on Three Mile Island. Also on Monday, the Senate Committee on Environment and Public Works [official website] asked US Attorney General Eric Holder to open an investigation [press release] into potential violations of civil and criminal laws related to the BP oil spill. The Deepwater Horizon oil spill was a result of an oil well blowout that the caused an explosion 5,000 feet below the surface of the Gulf. Eleven platform workers are missing and presumed dead, and 17 others were injured. The amount of oil spilled into the Gulf is part of an ongoing debate [NPR report] and has ranged from 5,000 to 100,000 barrels of crude oil per day. The resulting oil slick has covered at least 2,500 square miles. The White House is keeping a daily chronology of events [text].


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Portugal president ratifies same-sex marriage law
Hillary Stemple on May 18, 2010 10:12 AM ET

[JURIST] Portuguese President Anibal Cavaco Silva [official website, in Portuguese] on Monday signed a bill that legalizes same-sex marriage [JURIST news archive] but stops short of allowing same-sex couples to adopt. The bill was approved [JURIST report] by the Portuguese Parliament [official website, in Portuguese] in January and found to be constitutional [text, in Portuguese] by the Constitutional Court [official website, in Portuguese] last month. Silva indicated he was unhappy with the manner in which the bill was passed but that he was signing the law so parliament could move on to other matters. He also indicated that he could have chosen to veto the bill, stating [press release, in Portuguese]: The Parliamentary bill which allows marriage between persons of the same gender was submitted by me to the Constitutional Court for preventive investigation, and considered by this body as not unconstitutional. This, however, would not prevent the possibility of the President of the Republic using the vetoing power conferred upon him by the Constitution and return it to Parliament. However, regard should be given to the practical effects of such a decision and take into due account the superior national interest, in the face of the dramatic situation of the Country. As such, I believe that I should not contribute towards the unnecessary dragging out of this debate, which would only accentuate divisions among the Portuguese and stray the attention of politicians from the resolution of the issues which so grievously affect people's lives. Same-sex marriage is now recognized by six countries in Europe including Belgium, the Netherlands, Spain, Sweden, and Norway [JURIST reports], while several other countries including the UK, France, and Germany recognize civil unions between same-sex partners.
Many countries are currently debating the issue of same-sex marriage, with varying results. Earlier this month, Argentina's lower house approved a bill [JURIST report] that would legalize same-sex marriage and allow same-sex couples to adopt. Last month, Italy's Constitutional Court rejected a challenge [JURIST report] to the constitutionality of the country's ban on same-sex marriage. In the US, individual states determine marital rights for same-sex couples. Same-sex marriage is currently legal in Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, and Washington DC [JURIST reports]. Same-sex civil unions are currently recognized in Washington, New Jersey, Oregon, and Nevada [JURIST reports].


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UN rights chief urges peaceful resolution to Thailand conflict
Jaclyn Belczyk on May 18, 2010 9:27 AM ET

[JURIST] UN High Commissioner for Human Rights [official website] Navi Pillay [official profile] on Monday urged both the Thai government and anti-government protesters to seek a peaceful resolution [press release] to the current conflict [JURIST news archive]. Expressing deep concern at the escalating violence that has left dozens dead and many more injured, Pillay called on both sides to avoid further clashes and seek a diplomatic solution. Pillay called on the government to use force only in accordance with international human rights standards, warning that the situation could easily get out of hand:To prevent further loss of life, I appeal to the protestors to step back from the brink, and the security forces to exercise maximum restraint in line with the instructions given by the Government. Ultimately, this situation can only be resolved by negotiation. I urge leaders to set aside pride and politics for the sake of the people of Thailand. Pillay also noted that Thai Prime Minister Abhisit Vejjajiva [official website; BBC profile] has agreed to set up an independent fact-finding mission to inquire into the recent violence, stressing that the investigation should be impartial and thorough.
Last week, a Thai court sentenced 27 protesters [JURIST report] to six months in prison. The accused are members of the United Front for Democracy Against Dictatorship [party website, in Thai], also known as red shirts [BBC backgrounder], who support ousted [JURIST report] prime minister Thaksin Shinawatra [BBC profile; JURIST news archive]. Last month, Thailand's pro-government People's Alliance for Democracy Network [party website, in Thai; BBC backgrounder], known as yellow shirts, called for a declaration of martial law [JURIST report] to quell the anti-government movement spearheaded by the red shirts. Earlier in April, Vejjajiva announced that he was prepared to negotiate [JURIST report] with red shirt protesters once they cease their illegal conduct. Because of the mounting violence, Abhisit has imposed a state of emergency [JURIST report] in Bangkok and neighboring provinces.


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