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Legal news from Saturday, January 1, 2011




UN pledges to defend Ouattara and warns of consequences for war crimes in Ivory Coast
Daniel Richey on January 1, 2011 1:43 PM ET

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[JURIST] Officials from the United Nations [official website] on Friday warned [UN News Centre report] supporters of ousted Ivory Coast [CIA backgrounder; JURIST news archive] president Laurent Gbagbo not to attack the Golf Hotel, where UN peacekeeping forces now stand guard over president-elect Alassane Ouattara [BBC profiles]. Y.J. Choi, head of the UN Ivory Coast Operation (UNOCI) [official website], said Gbagbo's supporters "Cannot possibly take the Golf Hotel. We are heavily armed and present and preparing ourselves. They will be defeated. There is no doubt about this. I hope [they] will not step into this fatal minefield." Also on Friday, UN High Commissioner for Human Rights Navi Pillay [official biography] told the press that she has sent a letter to Gbagbo reiterating his obligation under international law to avoid any form of complicity in human rights violations. She reiterated the UN's position that he and his administration will be held directly responsible for reported widespread abuses that have ensued in the violence following the November runoff election [WP report]. Of particular concern, stated Pillay, is the reported existence of several mass graves [Newstime Africa report]:
We have received reports of at least two mass graves; however, UN human rights teams have been denied access to the scenes of these atrocities in order to investigate them. Denying access to alleged mass grave sites and places where the victims' mortal remains are allegedly deposited constitutes a clear violation of international human rights and humanitarian law.
In a United Nations Radio [official website] appearance Friday, Choi said [audio clip] that UN officials twice attempted to investigate the sites and were denied access by Gbagbo's forces both times.

Ouattara defeated Gbagbo in a November 28 runoff election, but Gbagbo has refused to concede victory or leave office. During the post-election violence that ensued, hundreds have been arrested and dozens have allegedly been subjected to torture, ill treatment and forced disappearances. Earlier this week, UN officials urged [JURIST report] all parties to the disputed presidential election to honor the country's commitment to prevent genocide and crimes against humanity under the 2005 World Summit Outcome Document [text, PDF]. Last week, the United Nations Refugee Agency (UNHCR) [official website] expressed concern [press release; JURIST report] over the humanitarian needs of nearly 14,000 Ivory Coast refugees who have fled to Liberia over the past month due to post-election political instability and violence. The UNHCR warned that food supplies and housing are running short as refugees are increasingly arriving malnourished and fighting disease. Earlier in December, the Economic Community of West African States [official website] urged [JURIST report] Gbagbo to step down, threatening the use of force if he attempts to maintain power.




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Washington Supreme Court upholds indefinite solitary confinement for death row prisoners
John Paul Putney on January 1, 2011 12:34 PM ET

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[JURIST] The Washington Supreme Court ruled [opinion, PDF] 7-2 on Thursday that holding death row inmates in solitary confinement indefinitely is not an impermissible increase in the severity of punishment. The suit was initiated by Jonathan Gentry, who was sentenced to death in 1991 for the rape and murder of a 12-year-old girl and is the longest serving death row inmate in the state [Seattle Times report]. In 2008, budget constraints forced Washington to close the Special Housing Unit (SHU) [AP report] which afforded death row inmates family contact visits and daily interaction with other prisoners. Gentry alleged that the imposition of solitary confinement after the closure of the SHU was an impermissible ex post facto [LII backgrounder] punishment. In rejecting Gentry's petition, the court noted:
Mr. Gentry does not challenge his conviction or general confinement to prison as ... unlawful. Instead, he claims that his removal from the SHU and placement in the IMU [solitary confinement] has subjected him to more restrictive conditions of confinement in violation of the prohibition on ex post facto punishment. Gentry's claim presupposes a liberty interest in residing in the SHU or in retaining the privileges afforded there. The Washington and United States Constitutions do not create a liberty interest in a particular form of prison housing, absent allegations of cruel and unusual punishment in violation of the Eighth Amendment, which Gentry does not assert.
The dissenting [opinion, PDF] justices noted that budget limitations could not fully account for the suspension of all privileges associated with the SHU and that insufficient evidence existed to rule properly on Gentry's petition.

Ballooning prison populations and budget constraints have stretched prison systems and raised numerous prisoner rights issues. In late December the US District Court for the District of Colorado issued a preliminary injunction [order, PDF] against a county jail policy that restricted outgoing correspondence to 4x6 postcards provided by the jail. After that decision, the jail discontinued that policy [ACLU press release]. In November, the US Supreme Court heard oral arguments on a federal court order to reduce the California prison population [JURIST report]. The order would require the release of between 36,000 and 45,000 inmates as part of a plan to reduce chronic overcrowding for the past 20 years. In September, Canada announced $105 million allocated for new prison cells [JURIST report] at existing locations in anticipation of expanding prison populations.




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