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Legal news from Saturday, November 20, 2010




Senate approves ban on animal cruelty videos
Sarah Paulsworth on November 20, 2010 4:06 PM ET

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[JURIST] The US Senate [official website] unanimously approved a bill [text, PDF] Friday banning animal cruelty or "crush" videos. The House of Representatives [official website] approved the same ban [JURIST report] on Monday, and the provision is now being forward to President Barack Obama [official profile] for his signature. If the bill is signed into law, the creating, selling or distributing animal crush videos, which feature small animals being tortured or killed, will be a crime punishable with up to five years in prison. This is a revision of 1999 legislation [18 USC § 48 text] that was struck down by the US Supreme Court [official website; JURIST news archive] in April. Specifically, the revised legislation more narrowly defines what constitutes a crush video, excluding videos depicting "customary and normal veterinary or agricultural husbandry practices," as well as videos of hunting, fishing or trapping.

Congress was forced to revise the act following the Supreme Court's decision in United States v. Stevens [Cornell LII backgrounder], in which the 1999 law was struck down [JURIST report] for being substantially overbroad and therefore in violation of the First Amendment [text]. Legislators hope that the new amendments to the law will afford it greater enforceability and staying power in their efforts to ban crush videos. Following the Supreme Court's decision, animal rights activists focused on the narrowness of the ruling, as well as the dissent, and called on [JURIST comments] Congress to revise the law.




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ICC orders new review of Congo rebel leader Bemba's continued detention
Sarah Paulsworth on November 20, 2010 2:50 PM ET

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[JURIST] Appellate judges of the International Criminal Court (ICC) [official website] ruled [judgment, PDF; press release] Friday that the trial chamber must review the continued detention of former Democratic Republic of Congo [BBC backgrounder] vice-president Jean-Pierre Bemba [ICC materials; JURIST news archives]. This decision overturns the trial chamber's July ruling [text, PDF]. In its judgment, the appeals chamber ruled that the trial chamber must consider both changed circumstances and if the grounds on which the decision for detention was chosen persist. Pursuant to Article 60 the Rome Statute [text], chambers are obligated to review an accused person's detention once every 120 days. Bemba is set to go on trial Monday.

Last month, the ICC affirmed [judgment, PDF; press release] a trial chamber ruling and dismissed [JURIST report] Bemba's appeal challenging the admissibility of his case before the ICC. The court also concluded that the ICC's jurisdiction over the case does not violate a Rome Statute provision that prohibits the ICC from hearing cases after a country has decided not to prosecute the person concerned. In April, defense lawyers argued before the court that charges against Bemba should be dropped [JURIST report] because he had been denied due process and the charges are illegal. In addition, defense lawyers claimed that Bemba lacked the financial resources [JURIST report] necessary to ensure a fair trial. The ICC ordered Bemba to stand trial in July 2009 for alleged war crimes and crimes against humanity [JURIST report] committed between October 2002 and May 2003 while he was a military leader of the Congo Liberation Movement (MLC). Bemba was arrested [JURIST report] in Belgium in May 2008 after the ICC issued a sealed warrant for his arrest. The charges in the arrest warrant included rape, torture, outrages upon personal dignity and pillaging.




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Senate approves minority farmer settlements
Daniel Makosky on November 20, 2010 12:44 PM ET

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[JURIST] The US Senate [official website] on Friday authorized by voice vote settlements between the US government and minority farmers for alleged discrimination. The settlements include [AP report] $3.4 billion to resolve claims that the Department of the Interior (DOI) [official website] mismanaged funds [DOI materials] held in trust for American Indian landowners [JURIST news archive], and $1.2 billion for African American farmers claiming they suffered racial discrimination in US Department of Agriculture (USDA) [official website] loan programs. The House of Representatives [official website] has twice approved the settlements, but the Senate previously failed to do so [JURIST report] in August after members of the Republican party objected to a unanimous consent motion proposed by Democratic members. The legislation will now return to the House before proceeding to President Barack Obama, who stated his intent to sign the bill into law [press release].

Last month, a judge for the US District Court for the District of Columbia [official website] extended the deadline [JURIST report] for Congress to approve the Indian Trust settlement to January 7, 2011, marking the seventh time [case materials] an extension had been granted since the settlement was reached [JURIST report] in December 2009. The settlements arose from two cases. Elouise Cobell originally filed litigation in 1996 related to DOI's alleged mismanagement of the Indian Trust, which was established by Congress in 1887 to hold proceeds from government-arranged leases to Indian lands. Although it was determined that the US government had not engaged in fraud, it was held that DOI unreasonably delayed accounting of the trust. In 1999, black farmers alleged in Pigford v. Glickman [BFAA backgrounder] that they were being denied USDA farm loans or forced to wait longer for loan approval than were non-minority farmers. The USDA and Department of Justice (DOJ) [official website] announced a $1.2 billion settlement [JURIST report] in February.




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Rights groups urge UN to investigate Libya torture allegations
Daniel Makosky on November 20, 2010 12:00 PM ET

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[JURIST] Three human rights groups on Friday jointly announced allegations of torture [press release] against Libyan security officials. Alkarama, Human Rights Watch (HRW) and TRIAL [advocacy websites] have obtained documents that purportedly demonstrate that government officials blocked an investigation into the role of the Libyan Internal Security Agency (ISA) in the death of Ismail al Khazmi. Al Khazmi was arrested by Internal Security agents without a warrant in 2006 and died while in custody. The documents include an autopsy that noted "bruising and contusions all over [al Khazmi's] body" and concluded that his death was a result of blunt force trauma. The groups have also obtained a prosecutor's report noting that General Saleh Ragam, the agency's head, declined to investigate the incident. The documents have been submitted to the UN Special Rapporteurs on Torture, Extrajudicial, Summary or Arbitrary Executions, and on the Independence of Judges and Lawyers [official websites] for review. Alkarama and TRIAL previously submitted the claims to the UN Human Rights Committee [official website], which is expected to release its findings [AFP report] in 2011.

Amnesty International (AI) [advocacy website] released a report [JURIST report] in June stating that Libya had made some progress with regards to human rights, but that the situation remained "dire." The report included violations by the ISA, which "appear[s] to have unchecked powers to arrest, detain and interrogate individuals suspected of dissent or of terrorism-related activities." AI also echoed concerns about the use of the death penalty, which the group expressed weeks earlier when it condemned the execution [press release; JURIST report] of 18 people, including foreign nationals, in Libya. HRW issued a similar report [text; JURIST report] in December, finding that Libya is making strides towards greater transparency and acknowledgment of human rights but that it still has a long way to go.




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