JURIST - Paper Chase: Sunday, November 14, 2010

[JURIST] Arizona voters approved Proposition 203 [text, PDF], authorizing the possession of up to two-and-a-half ounces of medical marijuana [JURIST news archive], according to results released by the Arizona Secretary of State Saturday. The measure, voted on during the midterm elections earlier this month, was too close to call on election night [JURIST report] and remained so until all votes were counted Saturday, resulting in a final tally of 50.13 to 49.87 percent [results]. Proposition 203, which was opposed by most state officials [AP report], will allow possession of up to two-and-a-half ounces of marijuana, or up to 12 cannabis plants, for individuals with any of a set list of medical conditions including cancer, amyotrophic lateral sclerosis and AIDS who have gotten a recommendation from their physician and have registered with the Arizona Department of Health Services. Arizona is the fifteenth state to legalize medical marijuana.

In addition to Arizona, voters in California, South Dakota and Oregon also voted on a range of marijuana-based propositions during the midterm elections, all of which were rejected. In California, Proposition 19 [text, PDF], which was defeated by a 54-46 margin, would have legalized the sale and possession of up to one ounce of marijuana and the growth of cannabis plants for personal consumption. In South Dakota, Initiated Measure 13 [text, DOC], which was defeated by a 63-37 margin, would have authorized the cultivation and possession of up to one ounce of marijuana by individuals with certain debilitating diseases who register with the state Department of Health. In Oregon, voters rejected Ballot Measure 74 [text] by a 57-43 margin. That measure would have expanded the state's existing medical marijuana provisions to allow for private dispensaries.

[JURIST] Amnesty International (AI) [advocacy website] on Saturday praised the release [press release] of Myanmar pro-democracy leader Aung San Suu Kyi [BBC profile; JURIST news archive], but urged the Myanmar government to release all political prisoners still held. AI described Suu Kyi's release [JURIST report] as "welcome," but emphasized that there are still an estimated 2,200 political prisoners held in Myanmar, the majority of which remain imprisoned for the exercise of the rights to peaceful assembly, expression and association. According to the rights group, these prisoners are being held in "deplorable conditions," which include inadequate food, sanitation and medical treatment, in addition to the use of torture by Myanmar authorities. AI explained:

While Daw Aung San Suu Kyi's release is certainly welcome, it only marks the end of an unfair sentence that was illegally extended, and is by no means a concession on the part of the authorities. ... It is high time the government of Myanmar put an end to the ongoing injustice of political imprisonment in the country, while the international community-including China, India, ASEAN and the UN-must act together to prevent Myanmar from abusing its legal system to penalize peaceful opponents.

The rights group went on to claim that these prisoners have also been moved to remote locations, restricting access to family and legal assistance, and the International Committee of the Red Cross (ICRC) [advocacy website] has been denied access to them since 2005.

AI's statement mirrors one released in September [JURIST report], urging Myanmar to release all political prisoners ahead of the nation's November elections—the first to be held in 20 years. AI's statement marked the third anniversary of the violent government crackdown on activism in response to the Saffron Revolution [Independent backgrounder], a peaceful pro-democracy movement led by Buddhist monks. According to AI, these prisoners "constitute a significant part of the political opposition." Suu Kyi was released Saturday, days after the Myanmar Supreme Court rejected an appeal [JURIST report] challenging the conditions of her house arrest. Though the challenge was originally scheduled to be heard in October, the court waited until after the controversial elections [JURIST report] to issue its ruling.

[JURIST] Human Rights Watch (HRW) [advocacy website] on Saturday criticized the Azerbaijani Supreme Court [press release] for failing to order the release of imprisoned journalist Enyulla Fatullayev in violation of a ruling by the European Court of Human Rights (ECHR) [official website]. On Thursday, the Supreme Court vacated Fatullayev's convictions [JURIST report] for defamation and the incitement of terror and ethnic hatred. The court also ruled that his sentence for tax evasion had been served. The ruling came one month after the ECHR affirmed its prior decision [JURIST report] ordering Fatullayev's release because his convictions and eight-and-a-half-year prison sentence contravened Article 10, Freedom of Speech and Information, and Article 6, Right to a Fair Trial, of the European Convention on Human Rights [text, PDF]. The Supreme Court refused to order his release, however, finding that the ECHR order, which is binding on member states, did not apply to a two-and-a-half-year drug sentence handed down in July. In calling for his release, HRW explained:

The authorities are maneuvering to make it look like they have complied with the European Court's judgment, but no one is fooled. It's clear that they are continuing to silence a journalist who has already served more than two years on a wrongful conviction.

The rights organization went on to describe Fatullayev's case as one in a series of attacks on freedom of expression in Azerbaijan.

In 2009, Fatullayev received, in absentia, one of Committee to Project Journalist's (CPJ) prestigious International Press Freedom Award [press release] and Amnesty International's Award for Journalism Under Threat. Fatullayev, who was editor-in-chief of the Realny Azerbaijan and Gundalik Azerbaijan newspapers until his imprisonment, formerly worked with well-known Azeri journalist Elmar Huseynov [BBC backgrounder] on the Monitor magazine until Huseynov was murdered in 2005. CPJ reported recently that Fatuallyev's imprisonment could be related to his attempts to solve [CPJ report] his colleague's murder. Azerbaijan's incumbent president Ilham Aliyev has been accused by members of the press of repression of the media [JURIST report].