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Legal news from Tuesday, August 31, 2010




Rights group calls for amendment of Rwanda 'genocide ideology' laws
Hillary Stemple on August 31, 2010 2:56 PM ET

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[JURIST] Amnesty International (AI) [advocacy website] on Tuesday urged the Rwandan government [report, PDF; press release] to review its "genocide ideology" and "sectarianism" laws, which they say are being used to stifle freedom of speech and expression in the country. The laws were first enacted following the 1994 Rwandan genocide [HRW backgrounder; JURIST news archives], where hate speech and propaganda played a role in inciting violence against the Tutsi minority. In the report, AI acknowledged that prohibiting hate speech is a legitimate goal for the Rwandan government, but called the laws "vague" and "sweeping" and warned that they are being used to deliberately violate human rights. AI stated that legal experts and judges have difficulty interpreting the laws and that allegations of genocide ideology have been made against opposition political candidates and news organizations, including the BBC. They also contend that the laws are being used to settle local disputes, with children as young as 12 being punished for violating the laws. AI applauded efforts by the Rwandan government to improve their judicial system and to cooperate with the International Criminal Tribunal for Rwanda (ICTR) [official website], but cautioned that, without reform of the laws, concerns will remain about the judicial system. The Rwandan government announced in April that they will review the laws, although no steps have currently been taken to amend the laws.

In their report, AI cited the arrest of US lawyer and JURIST Forum [website] contributor Peter Erlinder [professional profile; JURIST news archive] under a related law as an example of the misapplication of the country's genocide laws. Rwandan police arrested Erlinder [JURIST report] in May on charges that he denied the 1994 genocide. Erlinder was in Rwanda to prepare his defense of opposition presidential candidate Victoire Ingabire Umuhoza [campaign website], who was arrested in April [JURIST report] on similar charges. Erlinder pleaded not guilty [JURIST report], but was deemed a flight risk [AFP report] and initially denied bail, despite his claim that he needed to return to the US for medical treatment following what Rwandan officials say was a suicide attempt [JURIST report]. He was released from custody and returned to the US [JURIST reports] in June after being detained for more than 30 days.




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Tasmania approves law recognizing all foreign and national same-sex marriages
Sarah Miley on August 31, 2010 2:46 PM ET

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[JURIST] The lower house of the Tasmanian Parliament [official website] on Tuesday overwhelmingly approved an amendment to the Relationships Act of 2003 [text], recognizing same-sex marriages [JURIST news archive] and civil unions registered in foreign countries and other Australian states. The amendment was aimed at ending discrimination against same-sex couples and was supported by all but three representatives [ABC report] of the 25-member house. Tasmanian Attorney-General Lara Giddings [official profile] praised the amendment's passage, calling it a small but important step for same-sex couples who want to transfer their foreign marriage license to Tasmania.

Several countries have recently addressed the issue of recognition and legalization of same-sex marriage. Earlier this month, the Supreme Court of Mexico [official website, in Spanish] ruled 9-2 that same-sex marriages performed in Mexico City must be recognized nationwide [JURIST report]. Additionally, a US federal judge ruled that the California state ban on same-sex marriage violates the US Constitution [JURIST report]. Last month, Argentine President Cristina Fernandez [official website, in Spanish] signed a same-sex marriage bill into law after the bill was approved by the legislature [JURIST reports], making Argentina the first Latin American country to legalize same-sex marriage nationwide. Same-sex marriage is currently recognized in several US jurisdictions, and nationwide in Canada, Belgium, the Netherlands, Spain, Portugal, Sweden, Norway, Iceland and South Africa [JURIST reports].




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India high court to reconsider Bhopal convictions
Hillary Stemple on August 31, 2010 12:47 PM ET

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[JURIST] The Indian Supreme Court [official website] announced [text, PDF] Tuesday that it will reconsider a 1996 ruling allowing former employees of US chemical producer Union Carbide [corporate website] accused in relation to the 1984 Bhopal chemical spill disaster [BBC backgrounder] to be charged with negligence instead of culpable homicide. Seven men were convicted [JURIST report] in June on charges of "death by negligence" and sentenced to two years in prison and ordered to pay USD $2,100. The convictions were the first related to the Bhopal disaster in which nearly 3,800 people were killed when toxic gas was accidentally released in the middle of the night by a chemical plant owned by a Union Carbide subsidiary company. Upwards of 15,000 others later died from exposure to the gas, and 50,000 were left permanently disabled. The sentences of the men have been criticized as being too lenient [Financial Times report] and the Indian government has faced increasing pressure to bring charges against former executives of Union Carbide. If the convictions were to be overturned and the men were to be tried on charges of culpable homicide, they could face sentences of up to 10 years in prison.

Last month, the Indian government apologized for improperly dumping waste [JURIST report] related to the Bhopal incident. The apology came one month after cabinet ministers announced the government would consider increasing compensation for victims of the disaster [JURIST report] and seek the extradition of the former chairman of Union Carbide so he could stand trial in India. A settlement was reached between Union Carbide and the Indian government in 1989 with the company paying $470 million to end its liability. The cabinet members, however, indicated the government was willing to revisit the settlement and possibly seek further compensation from Union Carbide. Dow Chemicals [corporate website], which purchased Union Carbide in 1999, contends that the settlement ended all possible claims against the company.




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Administrative law judges facing increase in violent threats: report
Carrie Schimizzi on August 31, 2010 9:02 AM ET

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[JURIST] Federal judges responsible for handling Social Security disability claims and immigration hearings are petitioning for increased security measures after data released Monday shows they have been the targets of numerous threats [press release, PDF]. According to the report released by the Association of Administrative Law Judges (AALJ) and the National Association of Immigration Judges (NAIJ) [official websites], security risks for federal employees handling these "emotional" cases have increased over the past five years. Citing a backlog in the number of hearings that "cause anger and anxiety," the data cites 28 violent threats on Social Security offices and nine threats on disability claims judges between March and August 2009. According to the report, an additional 21 threats were reported between September 2009 and February 2010:
Judges have reported threatening letters and emails directed at them and their families, chairs thrown at them, and their robes being grabbed while on the bench. One judge had her automobile's brake lines cut and one respondent in an immigration hearing attempted suicide in front of the judge.
The report lists a number of physical changes and personnel improvements that the associationshope will improve security. The needed improvements include the addition of railings to hearing rooms, peep holes in doors so that security guards can see into the courtrooms, separate entrances for judges and claimants and increased security risk training for courtroom personnel.

Threats against judges, US attorneys and assistant US attorneys have more than doubled over the last six years, according to a report [text, PDF] released [JURIST report] in January by the US Department of Justice. The report found that judges, US attorneys and assistant US attorneys received 1,278 threats in 2008, compared to 592 in 2003. Additionally, the report found that threats are not always consistently and promptly reported. Earlier this month, a right-wing blogger from New Jersey was convicted [JURIST report] by a federal jury for death threats made on his blog against federal judges who upheld a gun control law. In December 2008, Brian Nichols was sentenced to seven life terms to be served consecutively in addition to other punishment for shooting and killing a superior court judge [JURIST reports] and other personnel in an Atlanta courthouse in an attempted escape. In April 2008, Ohio resident David Tuason was indicted for allegedly threatening to blow up the US Supreme Court building [JURIST report] and attack black men, including Supreme Court Justice Clarence Thomas. Other death threats [JURIST report] have been reported in recent years against Supreme Court Justice Ruth Bader Ginsburg and now-retired Justice Sandra Day O'Connor.




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Rights groups file suit over US assassination order for suspected terrorist
Zach Zagger on August 31, 2010 8:12 AM ET

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[JURIST] The American Civil Liberties Union (ACLU) and the Center for Constitutional Rights (CCR) [advocacy websites] filed a lawsuit Monday challenging [complaint, PDF] the US government's authority to conduct "targeted killings" against suspected terrorists. The ACLU and CCR allege that US citizen Anwar al-Awlaki [NYT profile], suspected of being a member of al Qaeda [GlobalSecurity backgrounder] in Yemen, was placed on "government kill lists." The groups are bringing the suit on his behalf through his father Nasser al-Awlaki, claiming targeted killings in such instances constitute a process of illegal extrajudicial killings because "outside of armed conflict, both the Constitution and international law prohibit targeted killing except as a last resort to protect against concrete, specific, and imminent threats of death or serious physical injury." They claim that the "kill lists" violate both Fourth Amendment protection from illegal search and seizure and the Fifth Amendment [Cornell LII backgrounders] right to not be deprived of life without due process and due process notice requirements because of the secretive nature of the process. They seek a judicial order determining that such judicial killings clearly violate the Constitution and an order requiring the government to "disclose the criteria that are used in determining whether the government will carry out the targeted killing of a U.S. citizen."

Earlier this month, the ACLU and the CCR obtained a specially designated global terrorist (SDGT) license that enables them to represent Anwar al-Awlaki, but announced they are still pursuing a legal challenge [JURIST reports] to the licensing scheme. The Obama administration has defended [JURIST report] its use of targeted killings, specifically those made by unmanned predator drone strikes [JURIST news archive]. State Department Legal Adviser [official website] Harold Koh [academic profile] has said the drones "comply with all applicable law" because they target only military targets and enable minimal damage to civilians and civilian structures. Last October, UN Special Rapporteur on extrajudicial, summary or arbitrary executions Philip Alston [official website] noted that the use of unmanned drones by the US to carry out attacks in Pakistan and Afghanistan may be illegal [JURIST report]. Alston said, "[t]he onus is really on the government of the United States to reveal more about the ways in which it makes sure that arbitrary executions, extrajudicial executions, are not in fact being carried out through the use of these weapons." Alston criticized the US policy in a report to the UN General Assembly's human rights committee that was presented as part of a larger demand that no state be free from accountability.




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