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Legal news from Friday, April 8, 2011




Human rights organizations criticize rampant abuses in Bahrain
John Paul Putney on April 8, 2011 3:00 PM ET

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[JURIST] Human rights organizations including Human Rights Watch (HRW) and Doctors Without Borders (DWB) [advocacy websites] criticized [HRW press release; DWB press release] Bahrain on Friday for rampant human rights abuses related to anti-government protests. HRW deputy Middle East director Joe Stork criticized the island kingdom for using the emergency law to trample on human rights and create a state of fear. In a report [text, PDF] released on Thursday, DWB revealed that military-inflicted wounds were being used to identify protesters in hospitals for arrest and denial of medical care, leading many injured to avoid seeking medical care. DWB general director Christopher Stokes expressed frustration:
The action by the military to declare the hospital a legitimate military target, and the use of the health system as a tool by the security apparatus, completely ignores and undermines the fact that all patients have a right to treatment in a safe environment, and that all medical staff have a fundamental duty to administer treatment without discrimination
HRW cited reports of 430 missing and detained persons who remain unaccounted for by the government.

Last month, six opposition leaders were arrested [JURIST report] in Bahrain after the government, backed by foreign troops from the Gulf Cooperation Council (GCC) [official website], violently dispersed protesters in the capital of Manana. Days earlier, Bahraini King Hamad bin Isa Al Khalifa [official website] declared [JURIST report] a three-month state of emergency [decree text, in Arabic] in response to growing unrest in the island nation. The state of emergency came just days after a group of 22 Bahraini lawmakers, part of an independent pro-government bloc, called on the King to impose martial law [JURIST report] under articles 36 and 123 of the Bahraini Constitution [text, PDF]. Also last month, the member states of the GCC, which includes Bahrain, Saudi Arabia, Kuwait, Oman, Qatar and the UAE, deployed troops to Bahrain [BBC report] for the purpose of guarding oil installations and financial institutions. The Bahraini government's response to the ongoing protests have prompted international concern. In February, UN Secretary-General Ban Ki-moon [official profile] called for an end to violence against protesters [JURIST report] in the country, referencing attempts to quell protests sweeping across the region.




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Wisconsin AG sues judge, calls for state Supreme Court intervention
Drew Singer on April 8, 2011 2:17 PM ET

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[JURIST] Wisconsin Attorney General J.B. Van Hollen [official website] on Thursday filed a filed a Petition for Supervisory Writ [text, PDF] directly to the state Supreme Court over a circuit court judge's temporary blocking [JURIST report] of a controversial bill that limits the rights of public employee unions. The suit claims that Dane County Circuit Court [official website] Judge Maryann Sumi did not have the constitutional authority to block the publication of the Budget Repair Bill [Senate Bill 11 text, PDF]. It then asks the Wisconsin Supreme Court [official website] to immediately take jurisdiction of the case and dismiss it. A Petition for Supervisory Writ is not a direct appeal of any lower court decision, but rather a procedure that starts a new action altogether [Wis. Stat. 809.70 text] because the petitioner claims a judge violated his or her constitutional authority.

Last month, Sumi issued an order [JURIST report] clarifying that the temporary restraining order issued March 18 prohibits not only publication of the bill, but implementation of its provisions as well. Sumi's order was issued in response to debate among government officials [JURIST report] that the law went into effect after it was published on the Wisconsin Legislative Bureau's website. The lawsuit [complaint, PDF] over the bill alleges that Republican lawmakers did not follow the state's open meetings law [text], a rule requiring 24 hours notice—or two hours if there is an emergency—before a public meeting. District Attorney Ismael Ozanne [official website] filed the complaint [JURIST report] in an attempt to invalidate the law, which strips public unions of the vast majority of their collective bargaining right.




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Arizona House approves bill allowing guns on university campuses
LaToya Sawyer on April 8, 2011 2:07 PM ET

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[JURIST] The Arizona House of Representatives [official website] approved a bill [text] on Friday that would allow lawful possession of guns on the public-right-of ways of university campuses. The 33-24 House vote follows Senate approval of the bill after it was amended to prohibit allowing guns inside campus buildings. Supporters of the bill assert that the constitutional right to bears arms should still be upheld on campuses, and that the bill will help people on college campuses to defend themselves in the case of a campus shooting. Opponents of the bill are concerned with putting campus police in danger if a shooting were to occur. Opponents also express fear about guns being on campus when students are emotional due to the stress of grades, exams and other situations. The bill will now be passed on to Governor Jan Brewer [official website]. If Brewer approves the bill, Arizona will become the second state, after Utah, to allow guns on college campuses.

This bill's approval comes shortly after Arizona's January shootings, during which six people were killed [JURIST report] and 13 were wounded, including a federal judge and US Congresswoman Gabrielle Giffords (D-AZ) [official website]. Last month, in response to the shootings, President Barack Obama called for a greater enforcement of gun laws [JURIST report] in order to minimize gun violence. However, Arizona, known as one of the most liberal gun law states [Arizona Republic report] in the nation, is working to loosen even more gun law restrictions. Last year, Arizona passed a law allowing people to carry concealed weapons on their body without a permit [Arizona Republic report]. Gun owners may also carry their weapons inside the state Capitol and in other government buildings. Currently, at least ten other pieces of gun-related proposals are pending in the Arizona legislature.




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Kenya leaders appear before ICC to face allegations of inciting violence
Michael Haggerson on April 8, 2011 1:42 PM ET

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[JURIST] Three Kenyan officials made an initial appearance before the International Criminal Court (ICC) [official website] on Friday and were notified of the charges pending against them [materials, PDF; press release], stemming from violence surrounding the December 2007 Kenyan elections [JURIST news archive]. The charges against the men under the Rome Statute [text] of the ICC include rape, murder, forcible deportation and persecution. The purpose of the hearing was to verify the identity of the suspects, inform them of their rights under the Rome statute and to ensure that they were informed of the pending charges. Uhuru Muigui Kenyatta, current Deputy Prime Minister and Minister of Finance, was among those appearing before the court, and is accused of conspiring with the Mungiki criminal organization [Safer Access backgrounder, PDF] to target members of an opposing political party. During the hearing the presiding judge also noted that the court was aware of reports of efforts within Kenya to reignite the violence, and stressed that "retriggering the violence in Kenya, by way of delivering dangerous speeches" would not be tolerated and would result in "drastic measures," including issuing arrest warrants if court procedures are not followed [JURIST report]. The court is scheduled to hold a confirmation of charges hearing in September in order to determine whether there is sufficient evidence against the suspects to continue to trial.

Three Kenyan leaders connected with the opposing political party appeared before the ICC [JURIST report] on Thursday for their alleged roles in the election violence. Together the two groups of suspects are known as the "Ocampo Six" and their hearings were separated based upon political party affiliation. The men brought before the ICC on Thursday are members of the Orange Democratic Movement (ODM) [party website] and were charged with targeting members of the opposing Party for National Unity (PNU) following the election of Kenyan President Mwai Kibaki [official profile], which they claimed was rigged. All six suspects are believed to have fomented violence, rape and destruction of property during the 30 days of post-election violence, and the ICC summoned the suspects [JURIST report] after determining they were not charged in Kenya for the alleged crimes. Last week, Kenya requested that the ICC dismiss the case [JURIST report], arguing that the government is capable of prosecuting the six men domestically. The Kenyan government also announced last month that it would challenge the admissibility of cases [JURIST report] relating to the post-election violence in the ICC, as well as the jurisdiction of the court.





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Egypt protesters demand swifter prosecution of Mubarak regime
Alexandra Malatesta on April 8, 2011 12:55 PM ET

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[JURIST] Tens of thousands of Egyptians gathered in Tahrir Square on Friday to demand the prosecution of former Egyptian president Hosni Mubarak [Al Jazeera profile], his family, and members of his regime. The protests reveal Egyptians' growing frustration with the pace at which the current military council is pursuing the punishment of the regime's political corruption [JURIST reports]. Predominantly organized by Egypt's Revolution Youth Coalition, an activist group formed in honor of a young protester [BBC backgrounder] killed by Egyptian police, the protest, dubbed "Friday of Purification and Trial," is the largest organized rally since Mubarak resigned from office [video, JURIST report] in February. Authorities announced [AP report] they have recently questioned Mubarak's former chief of staff, Zakaria Azmy, who remains in jail pending further investigation [Ahram report], and plan to question former ruling party chief, Safwat el-Sharif.

Egypt has been heavily criticized by rights groups and international organizations for its handling of protesters. In February, Amnesty International (AI) [advocacy website] reported new evidence that the Supreme Military Council of Egypt had been torturing protester-detainees [JURIST report]. Through various detainee accounts, AI stated that individuals were tortured "to intimidate protesters and to obtain information about plans for the protests." Also in February, Human Rights Watch (HRW) [advocacy website] reported that the Egyptian military was improperly detaining protesters and allowing prisoner abuse [JURIST report]. The report calculated at least 119 arbitrary detentions and five incidents of torture, providing detainee accounts. HRW contends that the military was targeting human rights activists, protesters and journalists. In January, UN officials including Secretary-General Ban Ki-moon and High Commissioner for Human Rights Navi Pillay [official websites] urged the Egyptian government to exercise restraint [JURIST report] and respect the rights of protesters.




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UN to investigate alleged human rights abuses in Libya
Brian Jackson on April 8, 2011 10:12 AM ET

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[JURIST] The UN announced Friday that investigators would enter Libya next week to begin looking into alleged human rights abuses by both rebels and the armed forces of leader Muammar Gaddafi [BBC profile; JURIST news archive]. The inquiry into the conditions in Libya had been approved by a unanimous vote [JURIST report] of members of the UN Human Rights Council on February 25. The three-person team will be led by Cherif Bassiouni [official profile], who indicated that Libyan officials know that the investigative team will be arriving in Libya [Reuters report] next week. The panel will cooperate with the International Criminal Court (ICC) [official website], which last month opened its own investigation [JURIST report] into alleged abuses in Libya.

The eruption of violence in Libya has sparked outrage over alleged abuses by Gaddafi's forces and controversy regarding the proper role of other nations in Libyan affairs. Last month, the ICC's chief prosecutor announced that Libyan officials could face war crimes charges [JURIST report] for attacks on civilians. Earlier in the month, the UN Human Rights Council voted to suspend Libya, which had been a member of that body. With regard to NATO military activity, commentators have argued that military intervention in Libya is contrary to international law [JURIST op-ed]. In the US, one lawmaker proposed legislation that would immediately halt US activities [JURIST report] in enforcing a no-fly zone over Libya, stating that President Barack Obama lacked authority to utilize American forces for that role.




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Alabama House approves bill banning abortion after 20 weeks
Andrea Bottorff on April 8, 2011 10:01 AM ET

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[JURIST] The Alabama House of Representatives [official website] voted 69-19 [roll call] Thursday to approve a bill [HB 18, PDF] that would ban abortion [JURIST news archive] after 20 weeks of gestation, except in cases where the mother's life is at risk or she faces serious injury. The bill is based on evidence suggesting that a fetus can feel pain after 20 weeks [Reuters report] and would require doctors to measure the age of a fetus before performing an abortion. A doctor who performs an abortion in violation of the time limit would be subject to criminal prosecution for a felony, but there would be no penalty for the woman undergoing the procedure. The bill includes additional provisions allowing civil suits to be filed for "actual damages" against the doctor performing the procedure by a woman upon whom an abortion is attempted or performed, or by the father of the unborn child if an abortion is performed. The bill also allows various parties to pursue civil remedies:
A cause of action for injunctive relief...may be maintained by the woman upon whom an abortion was performed or attempted to be performed in violation of this act, by any person who is the spouse, parent, sibling, or guardian of, or a current or former licensed health care provider of, the woman upon whom an abortion has been performed or attempted to be performed in violation of this act, by a district attorney with appropriate jurisdiction, or by the Attorney General.
The bill protects the woman's anonymity in any court proceeding resulting from the proposed abortion law. The Alabama Senate [official website] will review the bill.

Alabama's House bill is part of a wave of acts passed by state legislatures since the November elections aimed at restricting abortions. On Wednesday, the Ohio Senate [official website] approved a bill [JURIST report] that would limit the availability of abortions after 20 weeks. A day earlier, the Idaho legislature [official website] gave final approval to a bill [JURIST report] that would prohibit most abortions after 20 weeks. Last week, the Iowa House of Representatives [official website] approved a bill [JURIST report] that would prohibit doctors from performing late-term abortions in the state. Last month, the Kansas Senate [official website] approved legislation restricting late-term abortions, after the House of Representatives approved the measure [JURIST reports] in February. Bills proposing similar abortion restrictions were also approved last month in the Missouri House of Representatives and the Oklahoma House of Representatives [JURIST reports]. Also last month, South Dakota Governor Dennis Daugaard [official website] signed into law [JURIST report] a bill requiring women to seek counseling at a pregnancy center and wait three days before obtaining an abortion.




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Bosnia war crimes victims submit evidence against former Serbian officials
Carrie Schimizzi on April 8, 2011 8:36 AM ET

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[JURIST] Bosnian war crimes victims on Thursday submitted evidence to the Prosecutors Office for Bosnia and Herzegovina (BiH) [official website] accusing three former members of the Serbian Supreme Council of war crimes committed during the 1992-95 Bosnian civil war [JURIST news archive]. Former Yugoslav presidents Zoran Lilic and Dobrica Cosic and the former president of Montenegro Momir Bulatovic have been accused of ordering an arms increase [AP report] for the Serbian army during the war in BiH. It is unclear whether the allegations, submitted by an association of Bosnian wartime camp inmates, will warrant charges to be filed against the three former Serbian leaders.

Last month, in an unprecedented civil decision, a French court awarded [JURIST report] a Bosnian family 200,000 euros (USD $280,000) for wartime abuses committed by former Bosnian Serb leaders Radovan Karadzic and Biljana Plavsic [JURIST news archives]. The court's ruling may pave the way for victims of war crimes to obtain civil compensation from war criminals without a criminal trial. Karadzic faces 11 war crimes charges [indictment, PDF], including counts of genocide and murder, for alleged crimes he committed during the war in BiH. Karadzic is defending himself in the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] and has denied all of the charges against him. After multiple suspensions [JURIST reports], Karadzic's trial is expected to last through 2012. In 2009, Plavsic was released [JURIST report] from a Swedish prison after serving two-thirds of her sentence for war crimes committed between July 1991 and December 1992. Plavsic voluntarily surrendered herself to the ICTY in 2001 and was sentenced to 11 years in a Swedish prison. The ICTY agreed to grant her release [JURIST report], citing good behavior and "substantial evidence of rehabilitation."




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