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Legal news from Sunday, December 26, 2010 |
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Pennsylvania appeals court allows evidence obtained with GPS technology
Eryn Correa on December 26, 2010 2:10 PM ET

[JURIST] A Pennsylvania appeals court has overturned a Chester County Court of Common Pleas [official website] decision banning the use of evidence obtained with global positioning systems (GPS) technology. The three judge panel of the appeals court allowed the admission [Daily Local News report] of evidence that could bring four more alleged burglaries to light. In 2008, GPS tracking devices had been placed in SUVs thought to be used in the commission of several burglaries around Philadelphia. The GPS devices later showed the SUVs at or near the scene of further crimes. Chester County Judge Thomas Gavin originally upheld the movement to suppress the evidence obtained by GPS citing a lack of case history and unease with the invasion of privacy such technology allowed.
The use of GPS technology by police has been a controversial issue in the US recently. In November, the US Court of Appeals for the District of Columbia Circuit [official website] declined to rehear en banc [JURIST report] a bid by the US Department of Justice to overturn a decision that prevents the government from using GPS technology to track suspects without a warrant. However, courts have struggled with how to apply Fourth Amendment protections to modern technology. In September, a three-judge panel for the US Court of Appeals for the Third Circuit [official website] ruled [opinion, PDF] that at times the government might need a warrant to obtain cell phone data [JURIST report] to track a person's location. In June, the US Supreme Court unanimously held [opinion, PDF] that, even if there is a reasonable expectation of privacy in work-issued electronic devices, that an employer's search of private text messages does not violate [JURIST report] the Fourth Amendment so long as the search is not excessive and is pursuant to a legitimate work-related purpose.


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Iran postpones execution of Kurdish law student
Jay Carmella on December 26, 2010 1:00 PM ET

[JURIST] The scheduled execution of Kurdish student Habibolah Latifi on Sunday was postponed [press release, in Persian] by the Iranian government in order to investigate irregularities in the case, his defense lawyer Nemat Amadhi told ISNA news agency [official website]. Latifi, a law student, was arrested in 2007 and sentenced to death by hanging for his role in an attack on a police station and an attempted assassination of a prosecutor on behalf of the Kurdish Independent Life Party (PJAK) [official website]. Latifi was charged with the national security-related charge of mohareb, translated as being "enemies of God." On Friday, Amnesty International (AI) and Human Rights Watch (HRW) [advocacy websites] called on Iran to halt the execution and release [press releases] Latifi. In its statement, HRW called Latifi’s conviction unfair and criticized the charges against him:Latifi is one of at least 16 Kurds facing execution on various national security-related charges including moharebeh. Human Rights Watch has documented numerous cases where Iranian security forces have used physical and psychological coercion including torture to secure confessions in security-related cases, and courts have convicted defendants of moharebeh in trials where prosecutors failed to provide any convincing evidence establishing the defendant's guilt. The Iranian government has not officially commented on the status of Latifi’s execution.
The World Coalition Against the Death Penalty in October marked the 8th World Day against the Death Penalty [advocacy websites], specifically urging the US, Iran and China to end the death penalty [JURIST report]. Despite the continued use of the death penalty in some countries, there is a growing movement toward international abolition. Earlier this year AI 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. More than two-thirds of the world's countries have abolished the death penalty in law or in practice.


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UN agency reports thousands of Ivory Coast refugees fleeing to Liberia
Jay Carmella on December 26, 2010 12:12 PM ET

[JURIST] The United Nations Refugee Agency (UNHCR) [official website] on Saturday expressed concern [press release] over the humanitarian needs of nearly 14,000 Ivory Coast refugees who have fled to Liberia over the past month due to political instability and post-election violence [JURIST news archive]. The UNHCR warned that food supplies and available housing are running short and that an increasing number of refugees are arriving malnourished and are being exposed to various infections and diseases. The UNHCR says that it has already provided supplies for nearly 30,000 refugees, but is asking for more assistance for the growing number of Ivory Coast refugees who continue to cross the border into Liberia every day. The post-election violence has already resulted in more than 170 deaths [JURIST report] in the Ivory Coast.
During the post-election violence in the Ivory Coast hundreds have been arrested and dozens have been subjected to torture, ill treatment and forced disappearances. Alassane Ouattara defeated incumbent Laurent Gbagbo [BBC profiles] in a November 28 runoff election, but Gbagbo has refused to concede victory, and his supporters have been engaging in a campaign of violence and intimidation [WP report]. Last week, the Economic Community of West African States (ECOWAS) [official website] urged [JURIST report] Gbagbo to step down, threatening the use of force if he attempts to maintain power. Also last week, the UN Human Rights Council [official website] adopted a resolution [JURIST report] condemning recent post-election violence while Ouattara's prime minister Guillaume Soro [BBC profile] called on the International Criminal Court (ICC) [official website] to launch an investigation [DPA report] into possible crimes being committed by Gbagbo's supporters.


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