 |
|

Legal news from Friday, June 10, 2011 |
 |
|


Iceland drafting new constitution using website, social media
Julia Zebley on June 10, 2011 3:27 PM ET

[JURIST] The government of Iceland [BBC backgrounder] is letting its general population help shape its new constitution through a number of new media formats, including the Constitutional Council website [in Icelandic], where new parts of the working draft [text, in Icelandic] are put on the site and rewritten to include public consensus. There are also Twitter and Facebook pages for comments, as well as a YouTube channel [official websites, in Icelandic] dedicated to the drafting process.The Constitutional Council is eager to make sure the public can be up to date while the work is in progress. It's possible to see the developments in the text of a prospective proposition and make comments. Furthermore, the Constitutional Council has made it possible for the public to send messages and already numerous messages have been sent to the Council. All messges are published on the Council's website under the sender's name (anonymous messages are not accepted) and the public can read and comment on each of them which has already created a lively discussion on the website. In this way the Constitutional Council emphasises an open communication with the Icelandic nation and has given the people an opportunity to participate in the formation of a new Constitution of the Republic of Iceland. Last year, Iceland also picked 1,000 citizens, with 4,000 alternates, at random from the national registry to attend the National Conference on the Constitution [official website, in Icelandic]. The drafting project project began in April, and is to end in July when the new constitution will be put to popular referendum.
Iceland was hit hard [BBC backgrounder] by the financial crisis that emanated from securities related to the US mortgage market. When Kaupthing, Landsbanki and Glitnir [corporate websites] were taken over by the Icelandic government in 2008, they were holding debt equal to more than 900 percent [AFP report] of Iceland's gross domestic product, causing the country's economy to collapse and the government to rely on loans [IMF materials] from the International Monetary Fund (IMF) [official website] to meet its obligations. Earlier this month, former Icelandic prime minister Geir Haarde [official profile, in Icelandic] pleaded not guilty [JURIST report] to charges that he was grossly negligent for failing to stop the nation's banking collapse during the 2008 financial crisis [JURIST news archive]. Last September, the Icelandic Parliament [official website, in Icelandic] referred charges to the Landsdomur after the SIC released a report claiming that seven Icelandic government officials acted with gross negligence in their management of the country's financial system prior to a 2008 bank collapse. The SIC also found that former minister of finance Arni Mathiessen, then-banking minister Bjorgvin Sigurdsson, former Financial Services Authority [official website] director Jonas Jonsson and central bank officials Eirikur Gundason and Ingimundur Fridriksson failed to take appropriate action when presented with information about the poor state of the country's financial sector.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

UN calls for investigation of Ivory Coast president
Julia Zebley on June 10, 2011 1:46 PM ET

[JURIST] An official for the International Commission of Inquiry on Friday called for an investigation [UN News Centre report] into current Ivory Coast President Alassane Ouattara and his forces' continuing attacks against supporters of former president Laurent Gbagbo [BBC profiles]. Officials told the UN Human Rights Council (UNHRC) [official website] of their May visit to the Ivory Coast, during which they found both general and systematic attacks and rapes [VOA report] against citizens by opposing political groups. The UNHRC's official report will be released later next week, when it is considered by the UNHRC, though an advance unedited copy [text, PDF, in French] is available. Human Rights Watch [advocacy website] released a report last week detailing similar alleged retaliatory attacks [JURIST report] from Gbagbo and Ouattara's forces. Thursday, the UN Mission in the Ivory Coast (MINUCI) [official website] human rights officer Guillaume Ngefa also called for an investigation of Ouattara [BBC report].
Last month, Ouattara asked the International Criminal Court (ICC) [official website] to launch an investigation [JURIST report] into alleged crimes committed as a result of the disputed presidential elections last November. Chief Prosecutor Luis Moreno-Ocampo [official profile] then submitted a request to the court [JURIST report] to begin an investigation into the Ivory Coast political conflict, but a formal investigation has yet to begin. In April, HRW urged Ouattara to conduct an investigation [JURIST report] into alleged atrocities carried out by his forces in its attempts to secure the presidency. According to the report, the pro-Ouattara forces, known as the Republican Forces of the Ivory Coast, killed more than 100 civilians, raped at least 20 supporters of Gbagbo and burned at least 10 villages in March. Also last month, the International Committee of the Red Cross (ICRC) [official website] reported the deaths of at least 800 civilians [JURIST report] in the Ivory Coast town of Duekoue as a result of intercommunal violence.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Pakistan high court demands explanation of security force killing
Maureen Cosgrove on June 10, 2011 1:44 PM ET

[JURIST] The Pakistan Supreme Court [official website] on Friday demanded [order, PDF] an explanation of an incident in which Pakistani security forces shot and killed an unarmed man. Several paramilitary soldiers opened fire on an unarmed, 22-year-old man in Benazir Park, then stood by as he died. The incident was caught on tape and disseminated by television and Internet media sources. The rangers filed a First Information Report (FIR) detailing the events of the incident. Chief Justice Iftikhar Mohammad Chaudhry [official website] said the rangers' version of the story contradicted the video footage, and ordered the attorney general, the head of Pakistan's Rangers paramilitary force and other government officials to appear in court with a complete record of the incident. The chief justice condemned the rangers for failing to file any reports about the incident until after the victim's brother filed a report at the police station: [I]t was not only the duty of the police concerned but of the Provincial Police Officer as well as Director General Rangers, to take notice of the matter, as they must have learnt about the incident which was widely aired by the electronic media and there was a lot of hue and cry regarding this incident; furthermore the family of the deceased along with other citizens had also started raising voice against highhandedness of these law enforcing agencies. Surprisingly, when the case ... was registered ... the custody of remaining persons, who were very much visible at the scene of crime, were not handed over nor the police demanded them for the purpose of investigation. As far as the awareness of the incident is concerned, it was very much available on all TV Channels. The chief justice also accused the rangers of deliberately misrepresenting the incident in an effort to conceal their conduct. The two suspects are currently in police custody as the investigation proceeds.
Human rights groups have expressed concern over Pakistan's human rights record. In April, the Human Rights Commission of Pakistan [official website] harshly criticized [JURIST report] the Pakistani government for its poor human rights record and called on government officials to fix the human rights abuses occurring in the country. In its 2010 Annual Report [text, PDF], the group chronicled the repeated human rights violations that have taken place in the country over the past year, citing growing intolerance and extremism in the country. The government was also blamed for its inability to reform blasphemy laws and abolish the death penalty [JURIST news archives]. Also in April, the US Department of State (DOS) [official website] released [JURIST report] the 2010 Country Reports on Human Rights Practices [materials], criticizing the governments of Afghanistan and Pakistan [materials] for their conduct in the war against the Taliban and al Qaeda. However, the 2008 Pakistani elections [JURIST report] were deemed "competitive and reflective of the people's will," restoring democratic rule and leading to some human rights progress. UN High Commissioner for Human Rights Navi Pillay [official profile] in March condemned [JURIST report] the assassination of Pakistani Minister for Minority Affairs Shahbaz Bhatti and expressed her opposition to Pakistan's controversial blasphemy law. Controversy surrounding Pakistan's blasphemy law has recently been reignited over the case of Asia Bibi, a Christian woman sentenced to death for insulting the Prophet Muhammad [JURIST news archive] during an argument with other women in her village last year. Bhatti had spoken out in favor of reforming the law.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Federal jury convicts terror suspect, acquits on Mumbai terror attacks
Maureen Cosgrove on June 10, 2011 1:04 PM ET

[JURIST] A federal jury on Thursday convicted Tahawwur Hussain Rana, a Chicago resident with Canadian citizenship, on two counts of planning to attack a Copenhagen newspaper, but found him not guilty on charges of helping to plan the 2008 Mumbai terror attack [BBC Backgrounder; JURIST news archive]. Rana was found guilty of providing material support to a plot against the Danish creator and publishers of controversial cartoons [JURIST news archive] depicting the Prophet Muhammad, and for supporting Lashkar-e-Taiba (LeT) [CFR backgrounder], a terrorist organization. The government called [WSJ report] US citizen and Chicago resident David Headley to testify against Rana. Headley, who pleaded guilty [press release; JURIST report] to 12 counts of federal terrorism stemming from the same Mumbai and Copenhagen terror attacks, testified that Rana supported him in his efforts and allowed Headley to use his business for surveillance purposes. Prosecutors promised not to seek the death penalty against Headley in exchange for his testimony. Rana faces a maximum sentence of 30 years in prison.
In February, an Indian appeals court upheld the conviction and death sentence [JURIST report] of Pakistani national Mohammad Ajmal Amir Kasab, the only surviving gunman from the Mumbai attacks. Kasab, whom India claims participated directly in the Mumbai attacks, said during his trial that he had met Headley while in jail after being arrested. The US Department of Justice (DOJ) [official website] charged [press release] Headley and Rana along with two other men roles [JURIST report] in the Mumbai attacks and plot against the Danish Newspaper. Retired Pakistani military officer Abdur Rehman and Ilyas Kashmiri, who is believed to have ties to al Qaeda [JURIST news archive], were named in the indictment. Both face one count of conspiracy and one count of providing material support to terrorism for their alleged participation in the Danish newspaper plot. Rehman and Kashmiri remain at-large.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

UN urges Syria to grant freedom of speech to citizens, journalists
Julia Zebley on June 10, 2011 12:58 PM ET

[JURIST] The Director-General of the UN Educational, Scientific and Cultural Organization (UNESCO) [official website] Irina Bokova [official website] condemned Syria [text] for its human rights violations and repression of journalism and free speech. Bokova called for the government to restore citizens' access to cell phones and the Internet and to stop "acts of aggression" against journalists. Reports coming from Syria are alarming. The rights of citizens must be respected, as must the rights and security of journalists. This includes the right to freedom of expression, the need to access information and the ability to communicate. The decision to shut down internet access and cell phone networks, to block broadcasters and prevent journalists from doing their job is not acceptable. Syrian communications have been down since early April [AFP report]. Although a new media law has recently been proposed [SANA report] to allow more freedom for journalists, including releasing some imprisoned journalists, rights for journalists in the country are still haphazard. Recently, Dorothy Paravaz, a reporter for Al Jazeera, was detained in Syria and then deported to Iran, where she was held for 19 days [Al Jazeera report].
Yesterday, UN High Commissioner for Human Rights Navi Pillay [official profile] condemned reported violence [JURIST report] by Syria against its own people, calling on it to allow UN investigators into the country [press release]. This is not the first time Pillay has called on Syria to end violence. In April, she urged Syria to immediately halt the killings [JURIST report] and violence against civilian protesters in response to the fatal shootings of peaceful anti-government protesters. Syria has also been reluctant to allow UN relief efforts into the country. Last month, a UN rights official expressed concern [JURIST report] regarding humanitarian aid access to Syrian cities where armed forces have been trying to put down anti-government protests. Repeated entreaties to Syrian authorities for access were unsuccessful. Even a direct phone call from UN Secretary-General Ban Ki-moon [official profile] to Syrian President Bashar al-Assad [Al Jazeera profile] regarding the proposed assessment proved unavailing. In April, the UNHRC, in emergency special session, publicly condemned [text, PDF] the violence used by Syrian authorities against peaceful protesters. Additionally, the council immediately called for a full investigation of "all alleged violations of international human rights law" in Syria. Also in April, Assad ended the 48-year-old state of emergency [JURIST report], an event of significant historical note, but protests have continued.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Alabama legislators pass bill banning abortions after 20 weeks
Maureen Cosgrove on June 10, 2011 11:58 AM ET

[JURIST] The Alabama Senate and House of Representatives [official websites] on Thursday approved a bill [HB 18 text, PDF] that would ban abortions [JURIST news archive] after 20 weeks of pregnancy. The bill contains no exceptions for cases of rape or incest, but would permit an abortion if necessary to prevent the death of or serious risk of injury to the woman. The bill also requires physicians to report instances of abortions to the Department of Public Health [official website] and requires the department to issue an annual public report containing abortion-related statistics. Physicians who perform abortions in violation of the law would face criminal charges, injunctions, as well as actions for actual damages brought by the both the mother and father of the unborn child. The bill will now proceed to Alabama Governor Robert Bentley [official website] for signing.
Earlier this week, the Iowa House of Representatives [official website] approved a bill [HF-1736 text, PDF] that would effectively ban abortions after 18 weeks of pregnancy [JURIST report], making it the most restrictive abortion law in the country. The Obama administration took a stand earlier this month against a controversial Indiana law that prevents health care providers with abortion services from receiving Medicaid funds, saying the law violates federal law [JURIST report]. Several other states have acted recently to tighten restrictions on abortions. Last month, Planned Parenthood and the American Civil Liberties Union (ACLU) [advocacy websites] filed a lawsuit [JURIST report] challenging a South Dakota law requiring women to seek counseling at a pregnancy center and wait three days before obtaining an abortion. Earlier that week, Minnesota Governor Mark Dayton [official website] vetoed a pair of bills [JURIST report] that restricted state funding for abortions and banned them altogether after 20 weeks. Also in May, Texas Governor Rick Perry [official website] signed into law a bill that requires women seeking an abortion to first get a sonogram [JURIST report]. Multiple states have acted to ban abortions after 20 weeks, when some studies suggest a fetus can begin feeling pain, including Missouri, Indiana, Ohio, Oklahoma, Kansas and Idaho [JURIST reports].


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Croatia to join European Union in 2013
Julia Zebley on June 10, 2011 11:34 AM ET

[JURIST] The European Commission (EC) [official website] officially recommended [statement text] Croatia [EC materials] for accession to the European Union (EU) [official website] and announced on Friday that Croatia will become the 28th member of the EU on July 1, 2013. EC President Jose Barroso stated that Croatia has made significant enough improvements in their final four "chapters," Competition, Judiciary and Fundamental Rights, Financial and Budgetary Provisions and Other Issues, to allow closure of the chapters and ultimate accession.This important step forward by Croatia towards membership is also a signal to the rest to of South Eastern Europe: It shows that enlargement works, that the EU is serious about its commitment, and that structural European reforms in the countries pay off. I therefore hope that Croatia's progress is an inspiration to our other partners to reinvigorate their reform efforts and to deliver to the benefit of their people. This is also in the EU's self-interest. As I saw again during my two recent visits to the region, a credible enlargement policy remains our most important tool for strengthening mutual stability and prosperity in South Eastern Europe. Croatia's Prime Minister Jadranka Kosor [academic profile] expressed her delight at the announcement [press release]. Countries still awaiting acceptance into the EU and are in formal negotiations include Iceland, Macedonia, Montenegro and Turkey [EC materials]. It was also announced on Friday that Serbia [EC materials] will become a candidate country next year [B92 report], with talks starting in the spring.
Croatia has been increasing efforts to reform their judiciary in order to gain accession to the EU. On Thursday, Croatian authorities charged [JURIST report] former military commander and senior interior minister Tomislav Mercep [official profile, in Croatian] for war crimes committed against Serbians during the 1990s conflict in the Balkans. Amnesty International (AI) [advocacy website] released a report [text, PDF; press release] calling for the prosecution of individuals responsible for war crimes the day before Mercep's arrest. In 2008, AI called on the EU to use Croatia's status as a candidate country to ensure that the Croatian government actively investigates and prosecutes [JURIST report] suspected war criminals. AI criticized the slow pace of war crimes investigations, and noted that Croatian courts have mostly focused on crimes allegedly committed by ethnic Serbs even though Croats have also been accused of ethnic-based war crimes. In March 2005, the EU suspended entry talks [JURIST report] on the grounds that Croatia was failing to fully cooperate with the International Criminal Tribunal for the former Yugoslavia [official website; JURIST news archive] investigating war crimes in the area. The entry talks were resumed in October of that year after the ICTY declared that Croatia was fully cooperating [JURIST report].


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Croatia indicts former interior minister for war crimes
Julia Zebley on June 10, 2011 10:16 AM ET

[JURIST] Croatian authorities on Thursday charged [Novilist report, in Croatian] former military commander and senior interior minister Tomislav Mercep [official profile, in Croatian] for war crimes committed against Serbians during the 1990s conflict in the Balkans. The Municipal Court in Zagreb charged that he was aware of atrocities against civilians [B92 report], but prevented other officials from mitigating damages against them. The indictment goes on to charge that he ordered detentions, torture and executions of Serbian civilians. Mercep was arrested [JURIST report] in December, and Croatian officials were nearing a deadline to release him without a formal indictment. No date has been set for a hearing, nor is it clear that Mercep will be tried in Croatia. Coinciding with Mercep's indictment is the announcement that Croatia is slated for European Union (EU) [official website] acceptance in 2013 [Reuters report].
Amnesty International (AI) [advocacy website] released a report [text, PDF; press release] calling for the prosecution of individuals responsible for war crimes the day before Mercep's arrest. In November, a Croatian court sentenced [JURIST report] six men to 15 to 40 years in prison for their roles in the 2008 killing of a Croatian journalist. In 2008, AI called on the EU to use Croatia's status as a candidate country to ensure that the Croatian government actively investigates and prosecutes [JURIST report] suspected war criminals. AI criticized the slow pace of war crimes investigations, and noted that Croatian courts have mostly focused on crimes allegedly committed by ethnic Serbs even though Croats have also been accused of ethnic-based war crimes. In March 2005, the EU suspended entry talks [JURIST report] on the grounds that Croatia was failing to fully cooperate with the International Criminal Tribunal for the former Yugoslavia [official website; JURIST news archive] investigating war crimes in the area. The entry talks were resumed in October of that year after the ICTY declared that Croatia was fully cooperating [JURIST report].


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

ACLU sues State Department for failure to disclose 'war on terror' documents
Maureen Cosgrove on June 10, 2011 8:53 AM ET

[JURIST] The American Civil Liberties Union (ACLU) [official website] on Thursday filed [press release] a lawsuit [complaint, PDF] against the US Department of State (DOS) [official website] for failing to disclose information about the government's "War on Terror" efforts, even though Wikileaks [website] has already released the desired documents. The ACLU filed a Freedom of Information Act (FOIA) [5 USC § 552; JURIST news archive] request [text, PDF] for 23 embassy cables, to which the government has yet to respond. The embassy cables contain information about diplomatic responses to US abduction, interrogation, detention and rendition practices and President Obama's decision to withhold photographs of US interrogations, as well as information about the prosecution and release of Guantanamo Bay [JURIST news archive] detainees and use of unmanned aerial vehicles. The New York Times, the Guardian, Le Monde, El Pais and Der Spiegel [media websites] published articles in November 2010 based on documents alleged to be the embassy cables, which were released by Wikileaks. ACLU demanded that the documents be released by the government agency as a matter of public interest and increased understanding of government operations and activities. The ACLU National Security Project Litigation Director Ben Wizner condemned the government's conduct:Our current secrecy regime has become completely untethered from reality. The government's insistence that information published throughout the world remains 'classified' is not only ridiculousit's a legal fiction that has permitted government officials to evade liability for illegal conduct. All too often, the government has employed secrecy not to protect the nation from harm, but to protect the powerful from embarrassment and accountability. The ACLU is seeking immediate release of the requested documents.
In January, the US Court of Appeals for the District of Columbia Circuit [official website] ruled [opinion, PDF] that the US government does not have to release [JURIST report] non-redacted transcripts requested by the ACLU relating to the interrogation of certain "high value" detainees at Guantanamo Bay. The ACLU chastised the Obama administration [JURIST report] in June 2010 for shielding Bush administration officials from civil suit and criminal prosecution in relation to the treatment of detainees in US custody. That same month, the ACLU highlighted formerly classified torture-related documents in honor of Torture Awareness Month [official website]. In April 2010, another ACLU FOIA suit resulted in the release [JURIST report] of internal Central Intelligence Agency [official website] documents [part 1, PDF; part 2, PDF; part 3, PDF] revealing that a former agency head may have agreed to the destruction of videotapes [JURIST news archive] showing harsh interrogations of terror suspects.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Washington high court denies employment protection for medical marijuana users
Dan Taglioli on June 10, 2011 7:50 AM ET

[JURIST] The Washington Supreme Court [official website] on Thursday ruled [opinion, PDF] that the state's Medical Use of Marijuana Act (MUMA) [RCW 69.51A, text] does not prohibit private employers from firing an employee who fails a mandatory drug screening. The plaintiff, recorded as Jane Roe to protect her identity, argued that MUMA required her employer to exempt her from its drug test policy for legal medical use of marijuana outside the workplace. Since the original MUMA language explicitly protects employers from being required to accommodate on-site medical use of marijuana, Roe argued the statute then implicitly requires employer accommodation of medical marijuana use outside the workplace. The court disagreed:Amicus Pacific Legal Foundation aptly addressed the logical fallacy of Roe's argument. ... As amicus explains, when the major premise is a universal negative (employers are not required to accommodate on-site use), and the minor premise negates one aspect of the major (the plaintiff uses marijuana off- site), it is logically invalid to adopt as a conclusion the contrapositive (employers are required to accommodate off-site use). In an 8-1 decision the court concluded that MUMA does not prohibit an employer from discharging an employee for medical marijuana use, nor does it provide a civil remedy against the employer. MUMA also does not proclaim a sufficient public policy to give rise to a tort action for wrongful termination for authorized use of medical marijuana.
The decriminalization of marijuana has been a contentious issue. Last week the Global Commission on Drug Policy [official website] released a report [JURIST report] calling for the international legalization of cannabis, marijuana and other drugs. The panel emphasized treatment and programs that discourage children from taking drugs, rather than relying on harsh punishments. The report stated that the UN Single Convention on Narcotic Drugs, 1961 [text, PDF] and the US's "War on Drugs" both have failed. Last month, Arizona Governor Jan Brewer (R) [official website] filed a federal lawsuit [JURIST report] seeking a declaratory judgment over the legality under federal law of the State's legalization of medical marijuana [JURIST report] passed in November 2010. Medical marijuana is currently legal in 14 US states. In October 2009, US Attorney General Eric Holder [official website] issued guidelines for a new policy [JURIST report] for investigating and prosecuting state-sanctioned medical marijuana use. Those guidelines reflect a pledge made by Holder in March to stop federal raids [JURIST report] on medical marijuana dispensaries that comply with state laws. However, Holder has emphasized that if a state legalizes drugs for recreational use, as California attempted last year [JURIST report], federal law will be enforced [LAT report].


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|
| For more legal news check the Paper Chase Archive...
|
|
|