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Legal news from Tuesday, May 3, 2011




Utah immigration law challenged
Jaclyn Belczyk on May 3, 2011 3:12 PM ET

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[JURIST] The American Civil Liberties Union (ACLU) and the National Immigration Law Center (NILC) [advocacy websites] on Tuesday filed a class action lawsuit [complaint, PDF] challenging Utah's controversial immigration law [HB 497 materials; JURIST news archive]. The bill, which has been compared to the Arizona immigration law [SB 1070 materials; JURIST news archive], was signed into law [JURIST report] in March by Governor Gary Herbert [official website] and requires police to check the immigration status of anyone arrested for an alleged felony or serious misdemeanor. The lawsuit claims that the law unconstitutionally interferes with federal powers over immigration enforcement and violates the Fourth Amendment search and seizure provision and the Equal Protection clause of the US Constitution. According to the complaint:
If allowed to take effect, HB 497 will significantly harm Utahans, particularly Utahans of color. According to law enforcement officials in Utah and elsewhere, HB 497 will cause widespread racial profiling and will subject many persons of color—including countless U.S. citizens and non-citizens who have federal permission to remain in the United States—to unlawful interrogations, searches, seizures, and arrests. People of color in the state will be compelled to carry additional paperwork on them at all times in order to prove to law enforcement officials that their presence in the country is approved by the federal government.
The suit was filed in the US District Court for the District of Utah on behalf of several organizations, including Utah Coalition of La Raza, Service Employees International Union, Latin American Chamber of Commerce, Workers' United Rocky Mountain Joint Board, Centro Civico Mexicano, and Coalition of Utah Progressives.

Several other state legislatures have also acted recently to implement so-called "Arizona style" immigration laws. Last month, the Indiana House of Representatives [official website] approved legislation [JURIST report] to revoke tax credits from businesses that hire illegal immigrants and require the use of the E-verify System [official website] to check the eligibility status of employees. Also in April, the Georgia General Assembly [official website] approved a bill requiring police to check the immigration status of anyone they have probable cause to believe has committed a criminal offense and requiring businesses to use E-Verify to check the immigration status of potential employees. Similar legislation has also been approved in Alabama, Virginia and Oklahoma [JURIST reports]. Arizona's law is currently enjoined, pending a ruling by the US Court of Appeals for the Ninth Circuit.




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Honduras court dismisses conspiracy charges against ex-president Zelaya
Alexandra Malatesta on May 3, 2011 1:53 PM ET

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[JURIST] A Honduran court on Monday dismissed the two remaining charges of conspiracy against former president Manuel Zelaya [BBC profile; JURIST news archive], allowing him to return to the country. The ruling could lead to Honduras being readmitted to the Organization of American States (OAS) [official website], which expelled the country after the 2009 coup [JURIST report] that saw Zelaya's ouster. OAS Secretary General Jose Miguel Insulza was satisfied with the decision [press release], saying it "puts an end to the situation of uncertainty regarding the legal situation of the former leader that began after the coup." Zelaya, however, fears returning to Honduras [AP report] from his location in the Dominican Republic, claiming there are powerful businessmen who want him killed.

In March, the Center for Constitutional Rights [advocacy website] filed a complaint [text, PDF] to compel the release of documents related to the coup [JURIST report]. The complaint names the US Department of Defense and Central Intelligence Agency [official websites] as defendants, alleging the agencies withheld documents regarding if and how the US government and its interests affected the coup. In November, International Criminal Court [official website] chief prosecutor Luis Moreno-Ocampo [official profile] opened a preliminary investigation [JURIST report] into the coup. In July, a Honduran court dismissed abuse of power charges against Zelaya because his successor granted amnesty [JURIST reports] to Zelaya and those involved in his removal. In June, Amnesty International [advocacy website] accused the Honduran government [JURIST report] of failing to address human rights violations stemming from the coup. AI contends that hundreds of people opposed to the coup were beaten and detained.




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Spain court sentences Somali pirates to 439 years
Alexandra Malatesta on May 3, 2011 12:52 PM ET

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[JURIST] Spain's National Court on Tuesday sentenced [text, PDF, in Spanish] two Somali pirates to 439 years in prison each for their involvement in the 2009 hijacking of a Spanish fishing boat off the coast of Somalia. Pirates Cabdiweli Cabdullahi and Raageggesey Hassan Aji were apprehended by Spanish officials when they sailed away from the Alakran and were brought to Madrid for trial instead of the usual venue in Africa. Though the court found that the Spanish government paid USD $3.3 million in ransom to release the boat and the 36 crew members held for 47 days, Spain's Foreign Minister Trinidad Jiminez [official profile], adamantly denies the finding [AP report]. The hefty sentence stems from illegally detaining 36 crew members in addition to 11 years for each count of piracy. However, court officials have indicated that the maximum time each pirate will serve is likely not more than 30 years.

Last month, a US district court sentenced a Somali pirate to 25 years in prison [JURIST report] for his role in attacking a Danish ship, as well as the US Navy's USS Ashland. In November, a federal jury in Virginia convicted [JURIST report] five Somali men on charges of piracy for their roles in an April attack on the USS Nichols. In August, piracy charges against six defendants were dismissed [JURIST report] when federal Judge Raymond Jackson ruled that piracy, as defined by the law of nations, does not include violence or aggression committed on the high seas, and rejected the government's argument for an expanded reading of the statute. Piracy remains an issue of international concern, as few countries have been willing to prosecute suspected pirates. The few that have attempted to do so include Germany, Seychelles, the Netherlands, Mauritius, Yemen, Somalia and Spain [JURIST reports].




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Demjanjuk lawyer calls for acquittal in closing arguments
Jaclyn Belczyk on May 3, 2011 12:08 PM ET

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[JURIST] The lawyer for accused Nazi guard John Demjanjuk [NNDB profile, JURIST news archive] called for acquittal Tuesday as he presented his closing arguments in a German courtroom. Defense lawyer Ulrich Busch also argued that Demjanjuk should be awarded damages for false imprisonment [Reuters report]. Demjanjuk is accused of helping murder Jews at the Sobidor death camp during the Holocaust, but his lawyers claim the prosecution has produced no evidence to show his guilt. The defense is expected to finish its closing arguments within the next week. In March, the prosecution called for a six-year sentence [JURIST report]. A verdict is expected later this month.

Demjanjuk's trial, which began in November 2009, has been marked by extensive delay. Last May, the court denied a motion to dismiss the charges [JURIST report] filed by the defense, which argued there was a lack of credible evidence. The court rejected the argument, saying they found the evidence against Demjanjuk to be strong. In October 2009, Demjanjuk was found fit to stand trial after the court rejected appeals relating to his health [JURIST reports], although the court has limited hearings to no more than two 90-minute sessions per day. Demjanjuk fought a lengthy legal battle over his alleged involvement with Nazi death camps during World War II. He was deported to Germany after the US Supreme Court [official website] denied his stay of deportation [JURIST report].




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ICC has evidence of Gaddafi war crimes: prosecutor
Sarah Posner on May 3, 2011 12:01 PM ET

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[JURIST] International Criminal Court (ICC) Chief Prosecutor Luis Moreno-Ocampo [official websites] revealed that investigators have evidence that Libyan leader Mummar Gaddafi [BBC profile; JURIST news archive] committed crimes against humanity. During an interview with the Associated Press, Ocampo said he would soon be seeking five arrest warrants [Reuters report] for various crimes committed by Gaddafi. Ocampo indicated that there is strong evidence [AP report] of Gaddafi's involvement in various crimes against humanity, including the shooting of civilians, massive arrests, torture and forced disappearances. Ocampo will present this evidence to the ICC judge who will decide whether to issue an arrest warrant for Gaddafi. Also during the interview, Ocampo indicated that he will ask the ICC judge to open investigations into crimes against humanity in the Ivory Coast [BBC profile; JURIST news archive] committed since November's presidential election.

In April, Ocampo revealed that his office had uncovered evidence [JURIST report] that embattled Gaddafi planned to attack civilians to forestall regime-toppling revolution. Ocampo indicated that the plans were made in response to the conflicts in Tunisia and Egypt and included shooting civilians. In March, Ocampo told the press that he is 100 percent certain his office will bring charges [JURIST report] against Gaddafi. Also in March, the ICC launched a probe into allegations of crimes against humanity [JURIST report] by the Libyan government. Ocampo specifically identified Gaddafi, his sons and his political allies as targets of the investigation and warned Libyan officials that complicity in such abuses would result in prosecution. In February, the UN Security Council unanimously voted [JURIST report] to refer Gaddafi to the ICC for prosecution.




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Middle East leaders among annual list of threats to press freedom
Jaclyn Belczyk on May 3, 2011 11:00 AM ET

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[JURIST] Journalism rights group Reporters without Borders (RSF) [advocacy website] on Tuesday released its annual list of predators of press freedom [materials; press release], which included the heads of state of several countries in the Middle East and North Africa. The list is composed of 38 world leaders and organizations, including Syrian President Bashar al-Assad [Al Jazeera profile], Libyan leader Muammar Gaddafi [BBC profile, and Yemeni President Ali Abdullah Saleh [official website, in Arabic], whose countries have been engulfed in the recent wave of protests across the region. RSF said:
Freedom of expression has been one of the first demands of the region's peoples, one of the first concessions from transitional regimes, and one of the first achievements, albeit a very fragile one, of its revolutions. Attempts to manipulate foreign reporters, arbitrary arrests and detention, deportation, denial of access, intimidation and threats—the list of abuses against the media during the Arab Spring is staggering. ... Journalist[s] have been direct[ly] targeted by the authorities or caught in the crossfire of the violence between activists and security forces, reminding us of the risks they take to perform their essential job of reporting the news.
Other predators of press freedom include Spain's ETA, the government of Iran and the government of China. The RSF release coincides with World Press Freedom Day [UN News Centre report].

Last month, the US Department of State (DOS) [official website] released its 2010 Country Reports on Human Rights Practices [materials]. The reports cited many of the same leaders and organizations [JURIST report] for violating freedom of the press. RSF's 2010 report [JURIST report] also listed many of the same offenders.




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Sudan releases opposition leader al-Turabi
Sarah Posner on May 3, 2011 10:40 AM ET

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[JURIST] Sudanese opposition leader Hassan al-Turabi [BBC profile] was released from jail Tuesday, nearly four months after his January arrest. Al-Turabi was jailed [JURIST report] for calling on the Sudanese people to start a popular uprising, similar to Tunisia [JURIST news archive]. Al-Turabi, the Islamist leader of the Popular Congress Party (PCP), said that he was not interrogated or made aware of his charges [Sudan Tribune report] while in prison. Authorities have not stated the reason [AP report] for al-Turabi's release. Al-Turabi explained that his detention demonstrates the ruling National Congress Party's (NCP) violation of Sudanese laws. Sudanese law allows for a person to be arrested without charge for 45 days before either being charged or released.

The January arrests of al-Turabi and eight other opposition party members came after the PCP called for a popular uprising in protest of price increases on various goods. The party officials called for a popular revolution [Reuters report] if Khartoum did not reduce prices. Additionally, the opposition party was pressuring the government to remove its financial minister and dismantle parliament. The arrests coincided with President Omar Hassan al-Bashir [case materials; JURIST news archive] apparently losing control of the oil-producing southern region of Sudan as a result of a referendum [JURIST report] passed the week before.




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