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Legal news from Friday, February 25, 2011 |
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China drops death penalty for 13 non-violent crimes
John Paul Putney on February 25, 2011 3:55 PM ET

[JURIST] The standing committee of China's National People's Congress (NPC) [official website] on Friday amended the national criminal law to remove 13 offenses from the list of crimes subject to the death penalty [JURIST news archive]. Those removed are non-violent economic crimes [Xinhua report] and include smuggling cultural relics, precious metals and rare animals; fraudulent activities with financial bills and letters of credit; fraudulent export tax refunds; teaching of crime-committing methods; and robbing ancient cultural ruins. The amendment also restricts death sentences issued to persons over 75 and is the first amendment [China Daily report] of death penalty crimes since 1979. Notably, some economic crimes, including corruption [JURIST report], were not removed from the list, and the death penalty enjoys wide public support in China [AP report]. The amendment, which will take effect on May 1, is the latest move by the Chinese government to reduce the number of death sentences ordered by the country's courts.
The amendment was originally proposed [JURIST report] in August, and Amnesty International (AI) [advocacy website] has criticized the measure as legal housekeeping because the crimes are rarely punished by execution [BBC report]. AI estimates that China executes thousands of people every yearmore than the rest of the world combinedbut the actual figure is a closely guarded state secret. Last February, the Supreme People's Court of China [official website, in Chinese] issued new guidelines for limiting capital punishment [JURIST report] in Chinese courts to "extremely serious" crimes.


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UN rights council condemns Libya violence
Jaclyn Belczyk on February 25, 2011 2:13 PM ET

[JURIST] The UN Human Rights Council (UNHRC) [official website] on Friday adopted a resolution [text, DOC] condemning the recent violence in Libya and ordering an international inquiry into alleged abuses. During a special session, the 47-member council unanimously adopted the resolution, which also calls upon the Libyan government to protect its population and respect the will of its people. According to the resolution, the UNHRC:Expresses deep concern with the situation in Libya, strongly condemns the recent gross and systematic human rights violations committed in Libya, including indiscriminate armed attacks against civilians, extrajudicial killings, arbitrary arrests, detention and torture of peaceful demonstrators, some of which may also amount to crimes against humanity; [and] Decides to urgently dispatch an independent, international commission of inquiry, to be appointed by the President of the Council, to investigate all alleged violations of international human rights law in Libya. UN High Commissioner for Human Rights Navi Pillay [official profile] spoke to the UNHRC [JURIST report] earlier Friday, calling for the Libyan government to stop the violence directed at protesters [statement] for the Council to rise to action.
The situation in Libya has escalated over days of continued protests and violent suppression by security forces. On Wednesday, Chief Prosecutor of the International Criminal Court (ICC) [official website] Luis Moreno-Ocampo [official profile] said that the ICC cannot investigate possible crimes in Libya [JURIST report] because the country is not a party to the Rome Statute [materials]. The statement came after Pillay said earlier this week that the Libyan government's response to recent protests may amount to crimes against humanity [JURIST report]. Pillay cited the use of machine guns, snipers and military planes against protesters, calling for an independent investigation. The protests began last week following those that have occurred throughout the Middle East and North Africa [BBC backgrounder], resulting in the resignations of Tunisian president Zine al-Abidine Ben Ali and Egyptian president Hosni Mubarak [JURIST reports]. Protesters have demanded Gaddafi's resignation and government reform.


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South Korea charges 5 captured Somali pirates
Drew Singer on February 25, 2011 2:06 PM ET

[JURIST] South Korean prosecutor Jeong Jeom-Shik announced Friday that five Somali pirates [JURIST news archive] captured in January have been charged with six offenses, including attempted murder, maritime robbery and kidnapping. The attempted murder charge carries with it a possible life sentence. The pirates were captured during the Samho Jewelry raid [BBC report] last month, when South Korean commandos killed eight other pirates while rescuing all 21 crew members. Prosecutors believe that this is the same group of pirates responsible for hijacking another Samho ship [JoonAng Daily report], the Samho Dream, last year.
Piracy in the Gulf of Aden and the Indian Ocean is an ongoing international concern, and several countries have started taking legal action against suspected Somali pirates. Earlier this month, seven suspected Somali pirates appeared in Malaysian court [JURIST report], charged with firearms offenses and, if convicted, could face the death penalty. Malaysia was the first Asian country to take formal legal action against suspect pirates. The suspects, who did not enter pleas, were also arrested in January after allegedly firing at Malaysian authorities while hijacking a merchant ship in the Gulf of Aden. Three of the seven suspects are only 15 years old and will not face the death penalty because of their age.


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Maryland Senate approves same sex marriage legislation
LaToya Sawyer on February 25, 2011 1:10 PM ET

[JURIST] The Maryland Senate [official website] approved legislation [text, PDF] Thursday to legalize same-sex marriage [JURIST news archive]. The bill, entitled Civil Marriage Protection Act, would alter existing legislation that validates only heterosexual marriage. Approval of the Act will give gay couples the same full rights of marriage as straight, married couples, but will allow exemptions for religious leaders who object to same-sex marriage. Passed with a 25-21 Senate vote, the bill will now be turned over to the House of Delegates [official website] which is split on the issue [WP report].
The issue of same-sex marriage continues to be hotly debated in the US. Earlier this week, the US Department of Justice (DOJ) [official website] announced that it would no longer defend the constitutionality [JURIST report] of Section 3 of the Defense of Marriage Act (DOMA) [text; JURIST news archive], which defines marriage for federal purposes as a legal union between one man and one woman, in court cases challenging the provision. Earlier this week, Hawaii Governor Neil Abercrombie signed a same-sex civil unions bill into law, while last week, the Wyoming Senate approved a bill that would prevent the state from recognizing same-sex marriages [JURIST reports] and civil unions performed in other jurisdictions. Same-sex marriage is currently legal in Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and Washington DC [JURIST reports].


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UN rights chief calls for action to halt Libya violence
Brian Jackson on February 25, 2011 10:28 AM ET

[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] on Friday called on the Libyan government to stop the violence directed at protesters [statement, text] within that nation. Pillay's statement, directed at Libyan leader Muammar Gaddafi [BBC profile], reminded the UN Human Rights Council of the repeated calls by numerous nations for Gaddafi to renounce the use of violence. After describing accounts of the situation on the ground in Libya, Pillay reiterated the prior calls for a cessation to violence and called on the Council to rise to action: [L]et us be clear that today's shocking and brutal situation is the direct outcome of a callous disregard for the rights and freedom of Libyans that has marked the almost four-decade long grip on power by the current ruler. Justice for ongoing as well as past abuses must be attained in order to be meaningful for all the victims. There can be no doubt about the need for action by this Council now. The Human Rights Council and its mechanisms should step in vigorously to help end violence in Libya and hold those perpetrating the atrocities accountable. The Council should use all means available to compel the Libyan Government to respect the human rights and heed the will of its people. The victims of human rights violations and violations of international humanitarian law deserve no less. Also on Friday, the Libyan delegation to the UN disavowed any link to Gaddafi [Reuters report] in front of the Human Rights Council, with the Libyan envoy saying that his delegation represented the Libyan people.
The situation in Libya has escalated over days of continued protests and violent suppression by security forces. On Wednesday, Chief Prosecutor of the International Criminal Court (ICC) [official website] Luis Moreno-Ocampo [official profile] said that the ICC cannot investigate possible crimes in Libya [JURIST report] because the country is not a party to the Rome Statute [materials]. The statement came after Pillay said earlier this week that the Libyan government's response to recent protests may amount to crimes against humanity [JURIST report]. Pillay cited the use of machine guns, snipers and military planes against protesters, calling for an independent investigation. The protests began last week following those that have occurred throughout the Middle East and North Africa [BBC backgrounder], resulting in the resignations of Tunisian president Zine al-Abidine Ben Ali and Egyptian president Hosni Mubarak [JURIST reports]. Protesters have demanded Gaddafi's resignation and government reform.


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New York appeals court allows surviving same-sex spouse to inherit estate
Andrea Bottorff on February 25, 2011 9:33 AM ET

[JURIST] The New York State Supreme Court Appellate Division, First Department [official website] on Thursday upheld [opinion, PDF] a lower court decision [JURIST report] allowing the surviving spouse of a same-sex marriage to inherit the deceased spouse's estate. Kenneth Ranftle and Craig Leiby were married legally in Canada in 2008 after more than 20 years together. Ranftle died a few months later in New York, leaving most of his multi-million dollar estate to Leiby. Ranftle's brother challenged the validity of the couple's marriage and argued that recognition of the marriage violated New York public policy. The unanimous panel said in its opinion:[T]he Legislature's failure to authorize same-sex couples to enter into marriage in New York or require recognition of validly performed out-of-state same-sex marriages, cannot serve as an expression of public policy for the State. In the absence of an express statutory prohibition ... legislative action or inaction does not qualify as an exception to the marriage recognition rule. In 2008, then-governor David Paterson ordered all state agencies to recognize same-sex marriages from other states [JURIST report] as legal marriages for purposes of New York law. The order followed a decision by an intermediate New York appellate court holding that legal same-sex marriages performed outside the state are entitled to recognition [JURIST report] in New York.
The validity of same-sex marriage [JURIST news archive] continues to be hotly debated in the US. The New York appeals court decision came one day after the US Department of Justice (DOJ) [official website] announced that it would no longer defend the constitutionality [JURIST report] of Section 3 of the Defense of Marriage Act (DOMA) [text; JURIST news archive], which defines marriage for federal purposes as a legal union between one man and one woman, in court cases challenging the provision. The New York State Assembly approved same-sex marriage legislation in 2009, but the bill was later defeated [JURIST reports] in the Senate. Same-sex marriage is currently legal in Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and Washington, DC [JURIST reports].


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Blagojevich judge grants motion to dismiss 3 charges
Carrie Schimizzi on February 25, 2011 8:07 AM ET

[JURIST] A judge for the US District Court for the Northern District of Illinois [official website] on Thursday granted federal prosecutors' motion to dismiss three charges against former Illinois governor Rod Blagojevich [JURIST news archive] in an apparent effort to simply their case before the April 20 retrial. Judge James Zagel agreed to dismiss [Chicago Tribune report] charges of racketeering, racketeering conspiracy and one count of wire fraud, each carrying a maximum sentence of 20 years in prison, but Blagojevich will still face 20 other charges, including attempting to sell the Senate seat vacated by US President Barack Obama, making appointments based on anticipated campaign contributions and taking kickbacks from a number of companies. At the hearing, prosecutors alluded to the fact that dropping some of the more complicated charges will simplify their case and give them a better chance of obtaining convictions on the remaining charges. In a statement, Blagojevich maintained his innocence [press release]: Today's developments in court are three steps in the right direction in what has been along and arduous journey for my wife, for my children and for me. I will continue to fight to clear my name and prove to the people of Illinois that I didn't let them down. Blagojevich was found guilty [JURIST report] last year of making false statements to the FBI, but the jury remained deadlocked on the 23 additional charges.
In Blagojevich's first trial, the jury deliberated for 14 days after the 11-week trial but was unable to reach a consensus on all but one of the charges. According to reports, there was a lone holdout [Chicago Tribune report] on the convictions regarding the sale of Obama's Senate seat. The female juror allegedly stated that due to the lack of a "smoking gun" she was unable to convict Blagojevich of the crimes. Last September, lawyers for Blagojevich asked the judge to throw out the sole conviction [JURIST report], stating that the government failed to meet its required burden of proof and that cross-examinations by the defense were plagued by "obstructionist" objections [Chicago Tribune report], which the court continuously sustained. In January 2009, the Illinois State Senate voted unanimously [JURIST report] to convict Blagojevich of abuse of power and remove him from office. Blagojevich and his former chief of staff John Harris were initially arrested [JURIST report] in December 2008.


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