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Legal news from Tuesday, August 24, 2010 |
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Turkish prosecutors to investigate allegations of fabricated coup plot
Sarah Paulsworth on August 24, 2010 5:21 PM ET

[JURIST] Turkish prosecutors on Tuesday announced plans to investigate claims by Eskisehir Police Chief Hanefi Avci that evidence of several alleged coups plots, particularly Ergenekon [BBC backgrounder; JURIST news archive], was fabricated. Avci alleged in a book he recently published, Devotee Residents of Halich: Yesterday State, Today Religious Congregation, that the evidence was distorted and fabricated [Sabah report, in Turkish] by followers of Islam preacher Fethullah Gulen [official website], in effort to weaken the ruling Justice and Development Party (AKP) [party website, in Turkish]. Avci also claimed the Ergenekon trials were concocted by Turkey's government to silence critics [Today's Zaman report]. According to Turkey's Minister of Interior Bashir Atalay, a decision about further action regarding Avci's allegations will be made at the conclusion of the investigation [AA report, in Turkish]. While the prosecutor's office is now investigating Avci's allegations, Avci himself is the subject of a separate investigation [Hurriyet report] in connection with his book.
Over the last several years there have been a number of high-profile arrests of police and military officials over alleged coups in Turkey. The trial for 33 Ergenekon defendants opened [JURIST report] in June. In March, the Turkish government indicted the 33 defendants [JURIST report] on charges of attempting to overthrow the government and establish military rule. Earlier that week, Turkish police detained 20 people [JURIST report] in connection with the Ergenekon plot. In early March, Turkish prosecutors charged [JURIST report] an army general and a state prosecutor with belonging to Ergenekon and plotting to overthrow the AKP. In February, more than 40 military officers were arrested and charged in a separate coup attempt [JURIST report], the so-called Sledgehammer plot [Al Jazeera backgrounder], to provoke a military confrontation with Greece and take advantage of the ensuing chaos. Trials against the Ergenekon group started [JURIST report] two years ago and nearly 200 people have been charged in connection with it.


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California lawmakers urge federal government to repeal Defense of Marriage Act
Christian Ehret on August 24, 2010 11:32 AM ET

[JURIST] The California Senate voted 22-12 [roll call vote] Monday in favor of a joint resolution [AJR 19 text; materials] to urge the federal government to repeal the Defense of Marriage Act (DOMA) [text; JURIST news archive]. Among other concerns, the resolution states that, under the law, same-sex couples legally married in the state are prevented from accessing the federal rights and benefits afforded to opposite-sex spouses, including the right to sponsor a spouse for immigration, the right to Social Security survivors benefits, the right to health insurance from a spouse who is federally employed and the right to jointly file income taxes. Additionally, the resolution raises the concern that workers in the state must pay federal income taxes on any health benefits provided to a same-sex spouse while benefits conferred to opposite-sex spouses are not taxed.
Although introduced in the California legislature last year, the passage of the resolution follows the recent ruling [opinion, PDF; JURIST report] that Proposition 8, the state's ban on same-sex marriage, is unconstitutional. Last month, the DOMA was struck down [JURIST report] by a Massachusetts federal judge in two separate cases. In one case, Judge Joseph Tauro held that the DOMA violated the principles of equal protection [opinion, PDF] embodied in the Fifth Amendment Due Process Clause as a matter of law In the other case, Judge Tauro found [opinion, PDF] that the DOMA violates states' Tenth Amendment right to define marriage.


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State Department releases UN human rights review
Hillary Stemple on August 24, 2010 10:42 AM ET

[JURIST] The US State Department (DOS) [official website] on Monday released a report [text, PDF; press release] on human rights in the US, which was presented to the UN High Commissioner on Human Rights (UNHCHR) [official website] last week. The report was submitted in order to comply with the rules of the UN Human Rights Council (UNHRC) [official website], which require council members to conduct an evaluation of the human rights situation in their countries every four years. The US was elected to a seat on the UNHRC for the first time in December, after the announcing they were seeking a seat [JURIST reports] in April 2009. In the report, the DOS acknowledged the US government's historical struggle with some human rights issues including gender and racial equality, but noted the progress made in both areas. The report credits the US system of government as being a system that promotes improvement and protects against human rights abuses. The DOS also stressed the US government's ongoing commitment to promoting human rights:As we look to the future, the United States stands committed to the enduring promises of protecting individual freedoms, fairness and equality before the law, and human dignity promises that reflect the inalienable rights of each person. Our commitment to the rights protected in our Constitution is matched by a parallel commitment to foster a society characterized by shared prosperity. Finally, we are committed to the idea that the values behind the domestic promises articulated in our Constitution should also guide and inform our engagement with the world. In addition to reaffirming the US government's commitment to human rights, the report addressed substantial steps taken by the government in specific policy areas including LGBT rights, minority rights, gender equality, international human rights obligations and immigration. The American Civil Liberties Union (ACLU) [advocacy website] praised [press release] the Obama administration's willingness to engage in a dialogue on human rights, but called for more concrete actions in both domestic and foreign policy. The US is scheduled to formally present the findings of the report to the UNHRC in November.
One area cited by the DOS as needing improvement was immigration [JURIST news archive]. The report specifically addressed the need for comprehensive immigration reform, as well as steps being taken by the federal government to oppose the controversial Arizona immigration law [SB 1070 materials; JURIST news archive]. The US Department of Justice (DOJ) [official website] filed a lawsuit against the law last month, and a federal judge issued a preliminary injunction [JURIST reports] against several of its provisions. The DOJ argues that the Constitution and federal law "do not permit the development of a patchwork of state and local immigration policies throughout the country." The DOJ also claims that the federal government has preeminent authority to regulate immigration matters and that the enforcement of the Arizona law is counterproductive to the national immigration policy and will interfere with foreign relations with Mexico and other countries. The law has been widely criticized as unconstitutional and allegedly legalizing racial profiling. Also in July, the American Bar Association (ABA) [official website] filed an amicus curiae brief [JURIST report] in support of the DOJ lawsuit, following the submission of another amicus curiae brief [JURIST report] in support of a lawsuit filed by the ACLU. In the brief filed in support of the US, the ABA also argues that the Arizona law would interfere with law enforcement officers' public safety functions and infringe on both citizens' and noncitizens' constitutional rights by placing upon them the burden of proving their citizenship.


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Switzerland activists move to reinstate death penalty
Carrie Schimizzi on August 24, 2010 9:08 AM ET

[JURIST] Capital punishment advocates in Switzerland can begin collecting signatures in support of a referendum [text, in German] to reinstate the death penalty [JURIST news archive] for those convicted of murder, the Federal Chancellery [official website, in German] announced Tuesday. Campaigners for the referendum have until February 24, 2012, to accumulate at least 100,000 signatures in support of the measure in order to force a national popular vote. Capital punishment was abolished from Switzerland's criminal code in 1942 and remained part of the country's military laws until 1992. The last military execution, however, took place in 1944. The Swiss Federal Council has yet to investigate whether the referendum is constitutionally legal or violates international law [JURIST news archive].
Despite the continued use of the death penalty in some countries, there is a growing movement toward international abolition. Earlier this year, Amnesty International (AI) [advocacy website] reported [JURIST report] the number of countries using the death penalty dropped [report, PDF] in 2009. According to the report, more than 700 people were executed last year in 18 countries, with the most executions carried out in Iran, Iraq, Saudi Arabia and the US. AI's figures exclude the estimated thousands of executions conducted in China [press release], where the government refuses to release death penalty statistics. AI challenged China and other nations to disclose information about executions and condemned all forms of capital punishment. More than two-thirds of the world's countries have abolished the death penalty in law or in practice.


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Federal judge blocks federal funding for embryonic stem cell research
Zach Zagger on August 24, 2010 7:28 AM ET

[JURIST] A judge for the US District Court for the District of Columbia [official website] issued a preliminary injunction [opinion text] Monday blocking federal funding for embryonic stem cell [JURIST news archive] research. Last year, President Barack Obama signed an executive order [JURIST report] permitting federal funding for some forms of embryonic stem cell research. Despite the executive order, Chief Judge Royce Lamberth held that evidence showed the plaintiffs were substantially likely to prevail based on existing law. The Balanced Budget Downpayment Act of 1996 contained a rider known as the Dickey-Wicker Amendment, which restricted funding for "research" where an human embryo is destroyed. The Obama administration argued that "research" under the amendment was ambiguous and did not apply to current embryonic stem cell research in which stem cells are taken from fertility clinic embryos that are no longer needed and would have been discarded. The court rejected that argument, holding that the Dickey-Wicker Amendment is unambiguous and federal funding for any kind of embryonic stem cell research is in clear violation of this Amendment. The ruling came as a shock [NYT report] to scientists who believed that, after Obama's executive order, the matter was settled. Based on the judge's reasoning, all forms of research involving embryonic stem cells could be illegal, even research that was allowed under the more restrictive policies of former president George W. Bush.
The case had originally been dismissed for lack of standing last October but was reinstated [JURIST reports] in June with only plaintiffs who claimed their their ability to obtain funding for adult stem cell research was harmed by increased competition for federal funds after they were permitted to also be used for embryonic stem cell research. Those new guidelines reversed previous rules that limited government funding of embryonic stem cells to only cell lines that were in existence as of August 2001. Despite pressure from the scientific community, the previous administration refused similar changes to funding guidelines. In 2007, then-president Bush vetoed [JURIST report] the Stem Cell Research Enhancement Act of 2007 [S 5 materials], which was intended to relax funding restrictions on embryonic stem cell research. The administration rejected the bill, saying it would compel taxpayers to support the destruction of human embryos. In 2006, Bush vetoed a previous version [JURIST report] of the Stem Cell Research Enhancement Act, which was passed by the Senate to remove restrictions on embryonic stem cell research, saying he would not provide federal funding for stem cell research because many consider the destruction of embryos to be murder.


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