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Legal news from Tuesday, July 13, 2010 |
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France parliament approves burqa ban
Hillary Stemple on July 13, 2010 3:43 PM ET

[JURIST] The French National Assembly [official website, in French] on Tuesday voted 336-1 to approve a bill [materials, in French] that would make it illegal to wear the Islamic burqa [JURIST news archive] or other full face veils in public. Under the legislation, women who wear the veil can be required by police to show their face, and, if they refuse, they can be forced to attend citizenship classes or be charged a USD $185 fine. The proposed legislation would also make it a crime to force a woman to cover her face, with a penalty of one year in prison and a fine of USD $18,555. The National Assembly began debate on the bill last week, after the French cabinet approved the legislation [JURIST reports] in May. Amnesty International (AI) [advocacy website] condemned the vote [press release] stating, "A complete ban on the covering of the face would violate the rights to freedom of expression and religion of those women who wear the burqa or the niqab as an expression of their identity or beliefs." The bill will now proceed to a vote in the Senate [official website, in French], which is currently scheduled for September.
Many jurisdictions are currently debating legislation that would ban the burqa. Last month, the Spanish Senate [official website, in Spanish] approved a motion [JURIST report] calling on the government to ban the use of full face veils in public places. In May, the Quebec legislature began hearings [CBC report] on a bill that would ban full face veils for public servants, while Australian lawmakers voted to end further discussion [JURIST report] on a bill that would have banned wearing the burqa. Also in May, European Parliament [official website] Vice President Silvana Koch-Mehrin [official website, in German] expressed her support for a continent-wide burqa ban [JURIST report]. In April, the Belgian House of Representatives voted 136-0 to approve [JURIST report] a bill that would ban the burqa and other full face veils in public.


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China looks to increase Internet regulation, decrease anonymity
Daniel Richey on July 13, 2010 3:36 PM ET

[JURIST] Chinese Internet regulators have plans to drastically reduce internet anonymity by requiring users to use their real names when posting on certain Chinese websites, according to documents [text] released Tuesday by New York-based human rights group Human Rights in China (HRIC) [advocacy website]. The documents contain various versions of an April 29 speech to the Standing Committee of the National People's Congress by Wang Chen [official profile, in Chinese], Director of the State Council Information Office of the People's Republic of China and Deputy Director of the Propaganda Department of the Communist Party of China [official websites, in Chinese]. The HRIC website provides two different texts of the speech, the original posted May 4 and an abridged version [text] posted the next day, from which all mention of the identity disclosure requirements was removed [text comparison] before the speech was apparently removed from the SCIO speech archive [official website] altogether. Much of the excised material details the Chinese government's past efforts and future plans to constrict the flow of dissenting and overseas information and use the Internet to spread pro-state propaganda. In one section, Wang lays out new plans to "strengthen [China's] supervision" of Internet content by curbing opportunities for anonymous discussion:We are implementing ... a permission and examination and approval system to handle online information services involving ideological security and public interests. We are also establishing a robust series of management procedures ... to handle harmful information and prevent the infiltration of harmful information from overseas ... On major news websites and key commercial websites, we are implementing a system to require real-name identification of forum moderators and a function that successfully removes "anonymous comments" on news stories. We are also exploring an identity authentication system for users of online bulletin boards.
HRIC's revelation comes on the heels of a June announcement that Google will continue to operate its google.cn Internet search engine in mainland China, ending a four-month period during which the site simply redirected to the uncensored google.hk [search websites; JURIST report] after the company threatened in January to pull out of China entirely [JURIST report]. Earlier last month, the Chinese government defended [JURIST report] its Internet censorship laws in a report [materials] on Internet usage in the country. In February, the government announced new regulations [JURIST report] further restricting Internet use by requiring Chinese citizens to submit identity cards and meet with regulars before registering a website, prompting many to register sites overseas to avoid regulation.


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US lawmakers call for investigation into BP involvement in release of Lockerbie bomber
Hillary Stemple on July 13, 2010 2:22 PM ET

[JURIST] US lawmakers are calling for an investigation [press release] into the role that oil company British Petroleum (BP) [corporate website] may have played in obtaining an early release for convicted Pan Am Flight 103 [BBC backgrounder] bomber Abdelbaset Ali Mohmed Al Megrahi [BBC profile]. The lawmakers are asking that the Senate Judiciary Committee [official website] investigate whether BP played a role in lobbying for the release of al-Megrahi in exchange for a 2007 contract [AP report] with Libya allowing the company to drill in the country's coastal waters. Al-Megrahi, a former Libyan intelligence official, was released from custody [JURIST report] last August on compassionate grounds after being diagnosed with cancer and subsequently returned to his native Libya. His release was controversial, with both US officials and the Scottish Parliament [JURIST reports] condemning his release. In a letter to the committee [text, PDF], Senator Frank Lautenberg (D-NJ) [official website] stated that serious questions remain regarding the veracity of medical reports detailing al-Megrahi's health at the time of his release as well as regarding BP's role in the negotiations for his freedom. Lautenberg cites BP's 2007 admission that they, "told the UK ... it was concerned that a delay in concluding a prisoner transfer with the Libyan government might hurt" the oil deal as evidence that further investigation is warranted. The call for a Senate Judiciary Committee investigation comes one week after a group of senators, including Lautenberg, Kirsten Gillibrand (D-NY), Charles Schumer (D-NY) and Bob Menendez (D-NJ) [official websites], urged the British government to conduct a "full, transparent" investigation [press release] into the circumstances surrounding al-Megrahi's release.
Al-Megrahi was convicted in 2001 of the Pan Am bombing and sentenced to 27 years in prison, which he subsequently appealed. In November 2008, the Scottish High Court of Judiciary [official website] denied al-Megrahi's request to be released [JURIST report] on bail during the appeals process. In March 2008, lawyers for al-Megrahi were denied access to a "missing document," that they had sought in appealing his conviction [JURIST reports]. The Scottish Criminal Cases Review Commission (SCCRC) [official website] granted an appeal [JURIST report] in al-Megrahi's case in June 2007 and referred it the High Court after the commission identified six grounds for a possible "miscarriage of justice" [press release, PDF] in his trial and conviction. In 2003, Libya made its final compensation payment [JURIST report] to a US fund for victims' families in November 2008 after agreeing to accept responsibility for the 1988 airline bombing over Lockerbie, Scotland that killed all 259 on board [memorial website] including 180 Americans.


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Kagan committee vote delayed a week by Republican Senator
Dwyer Arce on July 13, 2010 1:54 PM ET

[JURIST] The US Senate Judiciary Committee [official website] on Tuesday delayed a vote on the confirmation of Supreme Court nominee Elena Kagan [official profile; JURIST news archive] at the request of Senator Jeff Sessions (R-AL) [official website]. The vote on whether to send the nomination for consideration by the full Senate is now scheduled for July 20 [hearing video] after Sessions, the ranking member on the committee, requested that the vote be delayed under committee rules allowing any member to do so. In requesting the delay, Sessions described the confirmation process as moving in an "expeditious manner," and went on to outline his potential objections to Kagan's confirmation. Among them, he called Kagan's answers to questions during her confirmation hearings as "less than candid" and expressed concern over her positions on legislation during her time working in the Clinton administration. Sessions explained: The nominee lacks the experience and intellectual rigor that you develop from [the] full-time practice of law and serving as a judge. She's had neither of those experiences and I think it showed in her testimony. ... [H]er testimony lacked the clarity and strict intellectual honesty that I think we should look for in a nomination to the Supreme Court. Sessions also called for further clarification of Kagan's participation in her role as solicitor general in the efforts of the Obama administration to defend against a lawsuit [JURIST report] challenging the constitutionality of the recently enacted health care reform law [HR 3590 materials; JURIST news archive], describing her denial of involvement as insufficient. Also on Tuesday, Judiciary Committee Chairman Patrick Leahy (D-VT) [official website] announced that he will support Kagan's nomination [press release], describing her as possessing "an impressive knowledge of the law and fidelity to it[.] ... She made clear that she will base her approach to deciding cases on the law and the Constitution, not politics or an ideological agenda."
Kagan's confirmation hearings concluded two weeks ago [JURIST report]. During the hearings, Kagan addressed the effect of political bias on the court and stressed the importance of not bringing politics to the bench. "Every judge has to do what he or she thinks the law requires. But on the other hand, there's no question that the court is served best and our country is served best when people trust the court as an entirely non-political body." Kagan later discussed the balancing test she deems necessary in resolving First Amendment [Cornell LII backgrounder] lawsuits. Kagan's confirmation hearings began late last month [JURIST report] with Democratic and Republican senators offering contrasting interpretations of Kagan's judicial philosophy and lack of experience on the bench. Obama nominated Kagan [JURIST report] in May to replace Justice John Paul Stevens, who announced his retirement [JURIST report] in April. Kagan became the first woman confirmed as Solicitor General [JURIST report] in 2009.


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US issues new drilling moratorium
Drew Singer on July 13, 2010 1:13 PM ET

[JURIST] US Interior Secretary Ken Salazar [official profile] issued a new six-month drilling moratorium [text, PDF] on Tuesday, citing new evidence regarding safety concerns after the BP oil spill [BBC backgrounder; JURIST news archive]. Unlike the previously ordered moratorium, this one is not based on the depths at which drilling occurs. Instead, the moratorium affects drilling with specific technologies, although the applicable technologies are most often used during deepshore drilling and will not affect shallow water drilling operations. The new plan, the government says, offers more specifics on the types of drilling that will and will not be banned. In a press release [text], Salazar said that the new pause on deepwater drilling will provide time to implement recent safety reforms and for:1. The submission of evidence by operators demonstrating that they have the ability to respond effectively to a potential oil spill in the Gulf, given the unprecedented commitment of available oil spill response resources that are now being dedicated to the BP oil spill;
2. The assessment of wild well intervention and blowout containment resources to determine the strategies and methods by which they can be made more readily available should another blowout occur; and
3. The collection and analysis of key evidence regarding the potential causes of the April 20, 2010 explosion and sinking of the Deepwater Horizon offshore drilling rig, including information collected by the Presidential Commission and other investigations. In this period, the government will also create interim safety rules in accordance with recommendations submitted to President Barack Obama in May and is supported by an "extensive record of existing and new information indicating that allowing new deepwater drilling to commence would pose a threat of serious, irreparable, or immediate harm or damage to the marine, coastal, and human environment." Government lawyers on Monday also asked the US Court of Appeals for the Fifth Circuit [official website] to lift its order barring the previous moratorium [opinion, PDF; JURIST report] because the new plan had been filed. The plaintiffs who sued to block the original moratorium said they have substantial concerns about the ban [AP report], but have not announced whether they will challenge it. Those against the moratorium argue that it will unnecessarily hurt the gulf economy [PBS video].
Last week, the Obama administration filed a brief asking the court to reinstate the original offshore drilling ban [JURIST report] after a district judge issued a preliminary injunction against the moratorium [opinion, PDF; JURIST report], saying it was necessary because the ban caused irreparable harm to both the plaintiffs - small oil companies affected by the ban - and the public. The US Department of Justice [official website] contended that the district judge abused his discretion [JURIST report] in issuing the injunction and that another deepwater spill could overwhelm the ongoing efforts to clean up the spill with catastrophic results. More than 120 million gallons of oil have leaked already from the rig's broken pipe and has now surpassed the Exxon Valdez oil spill [JURIST news archive] as the worst in US history.


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Italy police arrest hundreds, seize millions in organized crime raid
Daniel Richey on July 13, 2010 12:28 PM ET

[JURIST] Italian police on Tuesday arrested [press release, in Italian] more than 300 individuals and seized millions of euros worth of assets in a countrywide raid on the 'Ndrangheta [CNN backgrounder] crime organization. The predawn operation, dubbed "Il crimine," the largest such action in 15 years, involved more than 3000 police in numerous provinces, but most arrests were concentrated in the southern region of Calabria and the northern region of Lombardy. Among those arrested were Pino Neri, suspected of leading the 'Ndrangheta's northern operation in Milan, and Domenico Oppedisano, who authorities believe to be the head of the organization. The 'Ndrangheta has emerged in recent years as the largest of Italy's organized crime operations, and has been implicated [police report, in Italian] in illegal activities ranging from murder, kidnapping and extortion to drug and weapons trafficking and infiltration of local government. Italian Interior Minister Roberto Maroni [official biography, in Italian] characterized "Il crimine" as a major blow to the organization stating, "This is absolutely the most important operation against the 'Ndrangheta in recent years ... today [we] struck the 'Ndrangheta at the heart of its criminal system, both in terms of organization and in terms of finance."
Tuesday's arrests come amid controversy surrounding last month's advancement [JURIST report] through the Italian senate of a hotly contested bill that would impose new constraints on wiretapping operations. The bill [materials, in Italian] would criminalize the reporting of wiretap investigations by the media and would require a panel of judges to approve new wiretaps, something opponents of the bill claim would impair government efforts to combat organized crime. Last month, the UN Office on Drugs and Crime (UNODC) [official website] released a report detailing the globalization of organized crime [text, PDF; JURIST report] and its threat to international security. At a conference in May, Antonia Maria Costa, Executive Director of the UNODC called for international efforts to fight organized crime, warning [JURIST report] about the inadequacy of current checks and saying that criminal organizations are gaining economic strength [press release].


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Afghanistan cabinet approves a bill targeting government corruption
Hillary Stemple on July 13, 2010 11:36 AM ET

[JURIST] The Afghan cabinet on Monday approved a bill that would allow high-ranking government officials to stand trial on charges of corruption. Under the bill the Afghan judiciary would be empowered [Xinhua report] to establish special tribunals which would hear the cases of high-ranking government officials accused of corruption. Under current Afghan law, government ministers are immune from prosecution in the traditional court system. The cabinet's approval comes one week before the Afghan government is expected to ask for additional funds from the international community in order to help in the country's rebuilding efforts. The approval of the funds may be contingent on the government's ability to reduce corruption, which is reportedly extensive. Integrity Watch Afghanistan (IWA) [advocacy website] reports [text, PDF] that Afghans paid USD $1 billion in bribes in 2009, and that corruption threatens the country's legitimacy [press release]. Transparency International (TI) [advocacy website], in its 2009 Corruptions Perceptions Index (CPI) [text; JURIST report], ranked Afghanistan one of the world's most corrupt countries. The bill must now be approved [AFP report] by the Afghan Parliament [official website] or passed by presidential decree.
In March, US President Barack Obama [official website], during a surprise visit to the country, urged the Afghan government to reduce corruption [JURIST report] and institute an effective judicial system. Obama called on Afghan President Hamid Karzai [official website; JURIST news archive] to take steps to promote good governance [CBS/AP report], end cronyism, and curtail the opium trade [GlobalSecurity backgrounder]. Last November, Karzai pledged to fight corruption [JURIST report] in his government during his inaugural address [text, PDF]. In his speech Karzai announced that he would organize a conference to research the sources of the corruption and bribery and find ways to combat it.


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Afghanistan government must protect women's rights during reconciliation efforts: HRW
Dwyer Arce on July 13, 2010 11:22 AM ET

[JURIST] Human Rights Watch (HRW) [official website] on Tuesday called on the Afghan government to protect the rights of women [press release] during integration and reconciliation efforts conducted with the Taliban [GlobalSecurity backgrounder] and other militants. In a report, Ten-Dollar Talib [materials], the human rights organization criticized recent actions taken by the government of Afghan President Hamid Karzai [BBC profile; JURIST news archive] to end the ongoing conflict with the Taliban and other insurgent groups, claiming they ignored women's rights in favor of reaching an expedient resolution. HRW criticized what it called politically motivated actions that undermine women's rights, such as Karzai's signing [JURIST report] of the Shia Personal Status Law [Reuters backgrounder], and his pardon of two convicted rapists. HRW explained: The Afghan government and its international supporters have ignored the need to protect women in programs to reintegrate insurgent fighters and have not guaranteed that women's rights will be included in potential talks with the Taliban[.] ... Afghan women shouldn't have to give up their rights so the government can cut a deal with the Taliban[.] ... It would be a tragic betrayal to snatch away the progress made by and for women and girls over the past nine years. In avoiding this result, HRW renewed its previous call [JURIST report] for the immediate repeal of a law that became effective in January that allows immunity for Taliban fighters who join the reconciliation process, which it described as an abdication of Afghanistan's obligation under international law to prosecute the perpetrators of war crimes and crimes against humanity. HRW also urged the Afghan government to require that all militants participating in the reconciliation process explicitly affirm their support for gender equality, as mandated by Article 22 of the Afghan Constitution [text]. The report went on to criticize the international community, including the UN, US and NATO, which HRW says has failed to provide adequate oversight of the reconciliation process and has ignored women's rights in favor of bringing the war to an end.
Women's rights in Afghanistan faced significant opposition under the Taliban, which ruled the country from 1996-2001. This rights situation has been ameliorated since the US-led invasion, but continues to face opposition from Afghan government officials and militants. In August 2009, HRW criticized the Shia Personal Status Law as violating the Afghan Constitution and severely undermining women's rights, despite an announcement the previous month [JURIST reports] that provisions requiring a wife to submit to sex with her husband and to obtain his permission before leaving the home were removed. In April 2009, 300 Afghan women protested the law [JURIST report] and were confronted by 1,000 counter-protesters, some of whom threw stones and gravel at the women. Earlier that month, the Taliban claimed responsibility for killing Sitara Achakzai [JURIST report], an Afghan politician and women's rights advocate, outside her home. In 2006, Safia Hana Jan, another women's rights advocate and director of the Afghan Ministry of Women's Affairs in Kandahar [GlobalSecurity backgrounder], was killed by armed gunmen [JURIST report] after she publicly criticized the Taliban.


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Canada government to appeal Khadr rights ruling
Ann Riley on July 13, 2010 11:13 AM ET

[JURIST] The Canadian Department of Justice [official website] on Monday announced that it will appeal [press release] a court ruling ordering the government to provide Guantanamo Bay detainee Omar Khadr [DOD Materials; JURIST news archive] with a list of remedies to ameliorate its breach of his constitutional rights. Earlier this month, the Federal Court of Canada [official website] held that Khadr, who is a Canadian citizen, has a right to "procedural fairness and natural justice" [JURIST report] under section 7 of the Canadian Charter of Rights and Freedoms [text], and the government has so far failed to take appropriate action to guarantee these rights. On filing the appeal, Minister of Justice and Attorney General Rob Nicholson [official profile] said:This case raises important issues concerning the Crown prerogative over foreign affairs. As the Supreme Court of Canada ruled in an earlier case involving Mr. Khadr, 'it would not be appropriate for the Court to give direction as to the diplomatic steps necessary to address the breaches of Mr. Khadr's Charter rights.' Omar Khadr faces very serious charges, including murder, attempted murder, conspiracy, material support for terrorism, and spying. Khadr's lawyers said they doubt the court could reach a decision [CBC report] before Khadr's US military commission trial, which is set to begin on August 10 [JURIST report]. Also on Monday at his US military commission pre-trial, Khadr told the presiding judge, Army Colonel Patrick Parrish, that he intends to boycott his upcoming trial [JURIST report] and requested to fire his court-appointed military lawyer. Parrish denied the request after Khadr fired his US civilian lawyers and sought to represent himself last week.
Khadr has been held at Guantanamo Bay [JURIST news archive] since his 2002 capture by US forces in Afghanistan when he was 15 years old. He is facing murder and terrorism charges [JURIST report] for allegedly throwing a grenade that killed one US soldier and injured another, although he has repeatedly denied the accusations. Khadr sought judicial review from the Federal Court following the Supreme Court's decision in January that Canadian government could continue to refuse to request his repatriation [JURIST reports] from Guantanamo, even though the judges unanimously agreed that the government had breached Khadr's Charter rights. According to the ruling, Canadian officials questioned Khadr even though they knew he was being indefinitely detained and with knowledge that he was subjected to three weeks sleep deprivation by US authorities. In May, a UN official called on the US and Canada to respect international conventions [JURIST report] and release Khadr into Canadian custody. The UN claimed that since Khadr was 15 when he was captured, his detention would fall in line with the UN Convention on the Rights of the Child [text], which has been ratified by Canada, but not the US.


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UN begins arms treaty negotiations
Ann Riley on July 13, 2010 10:52 AM ET

[JURIST] The UN Office for Disarmament Affairs [official website] on Monday began negotiating a treaty to regulate the arms trade and prevent guns from entering conflict zones. The Arms Trade Treaty Preparatory Committee (PrepCom) [official website], established following a 2008 report [text] by the Group of Governmental Experts, has been examining the scope and draft parameters of a 2006 resolution [JURIST report] in order to make recommendations on an international, legally binding arms treaty. After fully considering the findings and recommendations of the PrepCom, the UN General Assembly [official website] plans to finalize the treaty [Reuters report] in 2012. The Control Arms Campaign, a network including Amnesty International (AI), Oxfam and Instituto Sou da Paz [advocacy websites], has called on the UN to draft an effective treaty regulating all weapons, ammunition and related equipment [press release]. In outlining the need for an effective treaty, the organizations explained:Half of the world's poorest people live in states that are at risk of, or experiencing, violent conflict. Conventional arms, especially small arms, light weapons and associated ammunition, are used for the majority of grave human rights violations. Now is the time for an Arms Trade Treaty that really protects people, not just states. In addition to strong arms regulation, the Control Arms Campaign is advocating for the treaty to contain specific international human rights, humanitarian law and sustainable development criteria. While 151 of the 192 UN member states voted to begin formal negotiations in December 2009, 19 states, including Russia, China, India and Pakistan, have consistently abstained in the General Assembly votes on the Arms Trade Treaty, with Zimbabwe voting against.
In May, UN Secretary-General Ban Ki-moon [official website] urged Central African nations to adopt a legally binding instrument [JURIST report] to combat illicit arms trafficking. In March, UN officials warned that arms trafficking was interfering with development [UN News Centre report] in Central Africa's security and justice by increasing cross-border crime. Also in March, the UN Office on Drugs and Crime (UNODC) [official website] reported [text] that Africa suffers the most casualties as a result of the global illicit arms trade market. In April, US President Barack Obama and Russian President Dmitry Medvedev [official profiles] signed the New START treaty [JURIST report], pledging to reduce their countries' nuclear warheads by about 30 percent. The treaty agreement was reached [JURIST report] in February, and is the first nuclear arms control agreement between the two nations in nearly 20 years.


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