JURIST Supported by the University of Pittsburgh
PAPER CHASE ARCHIVEDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.
Listen to Paper Chase!


Legal news from Tuesday, June 14, 2011




Moscow court acquits Russia rights activist of slander charges
Zach Zagger on June 14, 2011 3:13 PM ET

Photo source or description
[JURIST] A court in Moscow acquitted human rights activist Oleg Orlov [JURIST news archive] of a libel suit brought by Chechen President Ramzan Kadyrov [BBC profile] over an allegation that he was responsible for the killing of a Chechen rights activist. The court found that the allegations were hypothetical [Guardian report] and thus, did not constitute libel. Kadryov brought the charges against Orlov, leader of the Memorial [advocacy website, in Russian] human rights group, after Memorial accused [press release, in Russian] Kadryov of being responsible for the murder of Chechen rights activist Natalia Estemirova [BBC obituary]. She was kidnapped and shot to death [JURIST report] in July 2009. Estemirova was Memorial's representative in Chechnya, and the group has also accused Kadryov of extrajudicial killings, kidnappings, torture and other crimes. Orlov said the decision showed law had won out over politics. He had maintained that the charges were politically motivated. He was facing a potential maximum sentence of three years in prison.

Orlov has been critical of the Russian government. In February 2010, he was arrested along with as many as 100 anti-Kremlin demonstrators [JURIST report] as they protested against the perceived government curtailing of the right to peaceful assembly. The 300-strong group chanted slogans calling for Prime Minister Vladimir Putin [official website, in Russian; JURIST news archive] to step aside. Kadryov filed the libel charges [JURIST report] against Orlov in October 2009 after Orlov had already lost a civil suit brought by Kadyrov resulting in USD $2,300 in fines and an order to remove his accusation from Memorial's website. The charges came less than a week after Orlov won the prestigious Sakharov Award from the European Union [official websites] for his work with Memorial.




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


Rights groups sue to revoke refugee status of former Rwanda army general
Maureen Cosgrove on June 14, 2011 2:45 PM ET

Photo source or description
[JURIST] Two South African rights groups on Tuesday filed suit against the government of South Africa to revoke the refugee status of former Rwandan army chief of staff General Faustin Kayumba Nyamwasa. The Southern Africa Litigation Centre (SALC) and the Consortium for Refugees and Migrant Rights (CoRMSA) [advocacy websites] argue that South Africa is violating national and international refugee law [Star Africa report] by allowing Nyamwasa to remain in the country. Nyamwasa is accused of participating in the 1994 Rwandan genocide [JURIST news archive] during which 800,000 ethnic Tutsis and Hutus were killed.

The Rwanda National Police Force [official website] issued an international arrest warrant [JURIST report] in January for four former Rwandan government officials, including Nyamwasa, now living in the US and South Africa, all of whom were former allies of Rwandan President Paul Kagame [official profile]. Rwanda's Military High Court [official website] found all four men guilty in absentia [AFP report] of disturbing public order, threatening state security and other offenses, handing down sentences ranging from 20 to 24 years in prison. The men have denied the allegations [Africa Global Village report], calling the charges politically motivated. Most observers do not believe the US or South Africa will act on the warrants [BBC report]. The military court summoned the men [All Africa report] in November to stand trial on the charges. The former officials published a paper [text] in August criticizing Kagame's government for corruption and human rights violations. In July, the South African foreign ministry blamed foreign agents [BBC report] for a shooting that left Nyamwasa injured. Rwanda's government claims Nyamwasa and Karegeya were behind a grenade attack [Monitor report] in Rwanda's capital city of Kigali last February. Nyamwasa is wanted in France and Spain [Business Day report] for his role in the genocide.




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


France lawmakers reject same-sex marriage bill
Maureen Cosgrove on June 14, 2011 12:59 PM ET

Photo source or description
[JURIST] The French National Assembly [official website, in French] on Tuesday voted 293-222 to reject a bill [materials, in French] seeking to legalize same-sex marriage [JURIST news archive]. The Union for Popular Movement (UMP) [official website, in French], a conservative political party lead by France's President Nicolas Sarkosy [official website, in French], opposed the bill [AP report] while the Socialist Party (PS) [official website] supported the proposal. Same-sex couples can form civil unions in France, but are not afforded inheritance or joint custody rights.

In January, France's Constitutional Council [official website, in French] ruled [opinion, text, in French] that the country's same-sex marriage ban [French Civil Code text] does not violate the constitution [text]. Same-sex marriage is recognized in several countries, including Belgium, the Netherlands, Spain, Sweden, Iceland and Norway [JURIST reports], while several other countries, including the UK, France and Germany, recognize civil unions between same-sex partners. Same-sex marriage has also been recognized nationwide in Canada and South Africa, and in jurisdictions in Mexico and the US [JURIST reports].




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


Philippines high court to allow live broadcast of Maguindanao massacre trial
Zach Zagger on June 14, 2011 12:44 PM ET

Photo source or description
[JURIST] The Philippines Supreme Court [official website] said Tuesday that it would allow the live broadcast [press release] of the November 2009 Maguindanao Massacre [CSM backgrounder; JURIST news archive] trial subject to guidelines set by the court. The court decided to allow broadcast coverage in this particular situation involving the trial of several members of a clan accused of killing 57 people, including 31 journalists, supporting a rival political candidate. But the court's guidelines could pose problems for potential broadcasters. The court will not allow broadcasters to bring in their own cameras, but will instead provide a single, stationary, widescreen camera. No panning or zooming in will be allowed and broadcasters will have to show the entire proceedings from beginning to end each day commercial free. There is also not allowed to be any voiceovers during the proceedings nor will repeat airings be allowed until after the final judgment. The Philippines Department of Justice (PDOJ) [official website] had implicated Andal Ampatuan Sr., the leader of a Muslim clan in the Philippines' semi-autonomous southern province of Maguindanao, and several of his followers in the November 2009 slayings of campaign workers, journalists and supporters of family political rival Esmael Mangudadatu. The court noted that broadcasting the trial was important because of the impossibility of fitting the large number of interested parties into the courtroom, including the families of those killed and of the witnesses.

Earlier this month, a Philippine court froze USD $23 million worth of assets [JURIST report] owned by the Ampatuan family, who are accused of ordering the 2009 slayings, while investigators determine how the Ampatuans accumulated accumulated the assets. In March, a Quezon City court dismissed rebellion charges [JURIST report] against 24 people, including Ampatuan Sr. Days earlier, a court issued arrest warrants [JURIST report] for 189 suspects. The PDOJ had already charged 197 people with murder [JURIST report] in connection with the November 2009 killings. In December 2009, the PDOJ began the trial [JURIST report] of more than 600 people charged with rebellion for allegedly interfering with government operations following the killings. Several of Amapuan Sr.'s sons, including Andal Ampatuan Jr., the mayor of the southern Philippine town of Datu Unsay, have also been charged. Amapuan Jr. has pleaded not guilty [JURIST report] to 41 counts of murder. The Ampatuans and several of their followers are alleged to have intercepted Mangudadatu's convoy en route to declare his candidacy for governor at a regional election office, ultimately forcing his convoy to a remote hilltop where the Ampatuans' group killed and buried them.




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


Apple to pay Nokia royalties in settlement of patent disputes
Maureen Cosgrove on June 14, 2011 12:27 PM ET

Photo source or description
[JURIST] Finnish telecommunications company Nokia [corporate website] announced Tuesday that it has entered into an agreement [press release] with Apple [corporate website], settling all patent disputes between the parties and directing Apple to pay royalties to Nokia for the term of the agreement. Both companies agreed to withdraw all complaints filed with the US International Trade Commission (ITC) [official website] and end 46 ongoing patent infringement disputes in various countries around the world. Nokia's statement indicated that the agreement would have a positive financial impact on Nokia's prospectus for the second quarter of 2011. Analysts indicated that, following its recent victory, Nokia would likely target Google Android phone developers [Al Jazeera report] next.

Nokia and Apple have been embroiled in litigation marked by trading accusations of patent infringement. Nokia announced in March that it filed another complaint [press release; JURIST report] against Apple with the ITC in addition to a lawsuit filed in Delaware. In December, the litigation spread to Germany, the UK and the Netherlands where Nokia filed 13 patent infringement complaints [JURIST report] against Apple. Last May, Nokia filed a complaint [JURIST report] in the US District Court in the Western District for Wisconsin [official website] alleging that Apple iPad and iPhone 3G products infringe additional Nokia patents. Apple counter-sued last December, claiming Nokia had stolen 13 patents from the company.




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


Russia panel finds no proof of undue pressure on Khodorkovsky judge
Zach Zagger on June 14, 2011 11:19 AM ET

Photo source or description
[JURIST] The Russian Investigative Committee [official website, in Russian] said Tuesday there is no evidence of undue pressure by superiors on the judge that sentenced former Russian oil executive Mikhail Khodorkovsky [defense website; JURIST news archive]. One of Khodorkovsky's main witnesses, Natalya Vasilyeva a former court aide, was called in for questioning [RIA Novosti report] Tuesday by the Committee at the request of Khodorkovsky's defense team. Vasilyeva brought with her documents [text, in Russian] which allegedly show Judge Viktor Danklin's original proposed ruling being crossed out and replaced with the ruling handed down by his superiors. After the questioning, the Committee found there was no evidence of abuse of process. The Committee said that Vasilyeva's claims were not supported by objective evidence [AP report]. Last February, Vasilyeva gave an interview to Gazeta.ru website [official website] alleging that Danilkin did not write the verdict and was coerced into reading it. Earlier this month, Khodorkovsky reissued his appeal for release on parole [JURIST report] after the first attempt was returned due to insufficient documentation. Khodorkovsky has served half of a 13-year sentence, reduced by a year [JURIST report] last month, for fraud, theft and money laundering, which under Russian law makes him eligible for parole.

According to Vasilyeva, Danilkin, a judge for the Khamovnichesky District Court [official website, in Russian], was pressured and coached by officials from the Moscow City Court. "When something happened, when something went wrong, he had a duty to provide information to the Moscow City Court and, accordingly, received certain instructions on how to behave," she said. At the end of the trial, Danilkin wrote a verdict, but Vasilyeva said it probably "did not satisfy the higher ups" and he was therefore given a different verdict, which he was ordered to issue. Danilkin responded to Vasilyeva's comments calling them slander [RFE/RL report]. In December, Danilkin sentenced [JURIST report] Khodorkovsky and his business partner, Platon Lebedev [defense website profile; JURIST news archive], to six additional years in prison, extending their imprisonment to a total of 14 years. Their defense counsel staunchly criticized the ruling, claiming [press release] that the court blocked significant amounts of testimony and evidence submitted by the defense and systematically quashed objections to their omission. The verdict drew vehement international criticism [JURIST report], including from US Secretary of State Hillary Clinton [official profile], who said [press release] that the ruling "raises serious questions about selective prosecution."




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


Third Circuit rules schools cannot punish students for speech outside school
Maureen Cosgrove on June 14, 2011 10:29 AM ET

Photo source or description
[JURIST] The US Court of Appeals for the Third Circuit [official website] ruled in two cases on Monday that schools cannot punish students for speech or writing created outside the school environment. In JS v. Blue Mountain School District [opinion, PDF], a female middle school student created, on her own computer, a MySpace profile mocking the school principal. The principal suspended the student for 10 days, and the student initiated a civil rights suit against the principal and school district. The US District Court for the Middle District of Pennsylvania ruled [opinion, PDF] in favor of the school district, holding that the school's punishing the student did not violate the student's First Amendment [text] right to free speech. The en banc appeals court overruled, holding that, pursuant to Tinker v. Des Moines Independent Community School District [opinion], the school officials failed to demonstrate that the student's behavior "materially and substantially interfere[d] with the requirements of appropriate discipline in the operation of the school" such that punishment of her expression of opinion was justified. Though the profile contained lewd and vulgar language, it was not created on the school campus, did not disrupt the school day, nor was disruption reasonably foreseeable. The appeals court did, however, agree with the district court's granting of summary judgment against the student with respect to her parents' Fourteenth Amendment right to raise their children, and that the school handbook was not unconstitutionally vague. The dissenters contend that the ruling undermines the school's discretion to regulate student behavior. The en banc Third Circuit Court of Appeals reached a similar conclusion in Layshock v. Hermitage School District [opinion, PDF]. Layshock also used a personal computer to create a profile of his school principal. The appeals court affirmed the decision [opinion, PDF] of the US District Court for the Western District of Pennsylvania in favor of the student on the basis that the school violated his First Amendment right.

The Supreme Court has addressed freedom of speech in schools most recently in Morse v. Frederick [Duke Law case backgrounder; JURIST report]. In June 2007, the Court held [opinion; JURIST report] that public schools do not violate the First Amendment rights of students by punishing them for speech during a school-sanctioned activity that may be reasonably interpreted to promote the use of illegal substances. A high school student was suspended after he displayed a banner with the message "Bong hits 4 Jesus" during a televised parade on a school day. The Court reversed the Ninth Circuit's decision [opinion, PDF] and held that the "First Amendment does not require schools to tolerate at school events student expression that contributes" to the danger of illegal drug use. The Supreme Court has not ruled on a case related to student speech created outside of the classroom.




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


Reproductive rights group challenges Texas sonogram before abortion law
Zach Zagger on June 14, 2011 9:49 AM ET

Photo source or description
[JURIST] The Center for Reproductive Rights (CRR) [advocacy website] filed a challenge [complaint, PDF] Monday to the newly signed Texas law requiring a sonogram be done before a woman can have an abortion. The CRR filed the lawsuit in the US District Court for the Western District of Texas [official website] on behalf of a class of physicians who perform abortions claiming that the act is unconstitutional because it "profoundly intrudes on the practice of medicine, forces physicians to deliver ideological speech to patients, and treats women as less than fully competent adults." The complaint outlined the ways in which the act intrudes on medical practice:
The Act imposes strict liability, criminal penalties, and a mandatory penalty of the non-renewal of a medical license on any physician who fails to comply with any one of myriad requirements for providing government-mandated information to a patient in advance of an abortion. The Act imposes numerous requirements that are contrary to standard medical practice and/or violate standards of medical ethics. For example, the Act will compel physicians to deliver to their patients government-mandated speech including visual and auditory depictions of the fetus that falls outside the accepted standards and practices for medical informed consent. Moreover, given its harsh penalties and vague requirements, the Act will force physicians to deliver this government-mandated speech even where a patient declines to receive it, or else risk losing his or her license.
The lawsuit argues that by forcing the physician to deliver government-mandated materials to the patient, it violates the First Amendment [text] rights of both the patient and of the physician. It forces patients to hear what CRR claims is politically-motivated speech before making a decision and forces physicians to deliver unwanted information. The complaint further argues that the law violates the Equal Protection Clause [Cornell LII Backgrounder] "by subjecting women to burdens not imposed on men; by perpetuating patronizing and paternalistic stereotypes of women as in need of special 'protections' and unable to make medical decisions on their own; and by enforcing the notion that a woman's primary and proper role is that of mother."

Last month, Texas Governor Rick Perry [official website] signed [JURIST report] into law bill [HB 15 text; materials] requiring doctors to conduct a vaginal ultrasound and display the images at least 24 hours prior to an abortion, and stripping them of their medical licenses should they fail to do so. The law also requires doctors to provide "a simultaneous verbal explanation of the results of the live, real-time sonogram images, including a medical description of the dimensions of the embryo or fetus, the presence of cardiac activity, and the presence of arms, legs, external members, and internal organs." The Texas law is one of a number of state laws passed recently attempting to restrict abortion rights. Earlier this month, the Iowa House passed [JURIST report] what would be the most restrictive law yet, effectively banning abortions after 18 weeks of pregnancy. Multiple states have acted to ban abortions after 20 weeks, when some studies suggest a fetus can begin feeling pain, including Missouri, Indiana, Alabama, Ohio, Oklahoma, Kansas and Idaho [JURIST reports].




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


Turkish PM promises creation of constitution by consensus
Maureen Cosgrove on June 14, 2011 9:17 AM ET

Photo source or description
[JURIST] Turkish Prime Minister Recep Tayyip Erdogan [official website, in Turkish] on Sunday pledged to work with opposition leaders to build the country's new constitution. Erdogan recently won his third consecutive term [Bloomberg report] in parliamentary elections, but his Justice and Development Party (AKP) [official website] failed to win a majority [Al Jazeera report] of seats in parliament, leaving the AKP without power to draft a constitution on its own. During his victory speech in Ankara, the country's capital, and throughout his campaign, Erdogan asserted that a new constitution is necessary to promote democracy and ensure human rights. Turkey's current constitution was drafted by a military government [BBC report] 30 years ago. Some groups have chastised Erdogan for failing to carry out his promises to ease tension between the Kurdish minority and the government, reform the judiciary and reduce unemployment. He has, however, been praised for his governance of the Turkish economy, which has experienced growth in recent years.

Constitutional reforms are an issue for Turkey's accession to the European Union (EU) [official website] since its constitution was written under military rule and limits freedom of expression and religion. A council for the EU in May 2009 said that Turkey should do more [press release, PDF; JURIST report] in terms of judicial reform, protection of citizens' rights and various other efforts in order to further their request to be granted accession to the EU [criteria materials]. Secular judges in Turkey warned [JURIST report] the AKP that proposed constitutional amendments were going too far in promoting an Islamic agenda. Earlier in 2009, a report [text, PDF, in Turkish] by advocacy group Tesev [advocacy website, in Turkish] argued that Turkish property rights still fell short [JURIST report] of those required to join the EU. European Commission President Jose Manuel Barroso [official profile] addressed the Turkish parliament in 2008 to applaud the government's efforts to reform a controversial provision of the Turkish penal code [JURIST reports] but stressed that further efforts would be necessary.




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


Malaysia urged to arrest Sudan president for war crimes
Maureen Cosgrove on June 14, 2011 8:53 AM ET

Photo source or description
[JURIST] Amnesty International [advocacy website] urged Malaysia on Tuesday to withdraw an invitation for Sudanese President Omar al-Bashir [case materials; JURIST news archive] to participate in an event there and to arrest him if he travels to the country [press release]. Al-Bashir is scheduled to participate in the Langkawi International Dialogue [official website], hosted by Malaysia later this month. The International Criminal Court (ICC) [official websites] issued a warrant for al-Bashir's arrest in 2009 for war crimes, and later charged him with genocide [JURIST reports]. Malaysia is not currently a party to the ICC's Rome Statute [text, PDF], and therefore has no obligation to the international community to arrest al-Bashir. However, Malaysia indicated in March that it intended to become a party state, and, as Donna Guest, Deputy Asia Pacific Director at Amnesty International said, "Malaysia's invitation to Omar al-Bashir flies in the face of its decision to join the ICC."

Last week, Luis Moreno-Ocampo, the Chief Prosecutor of the ICC said that al-Bashir has continued to commit crimes against humanity [statement, PDF; JURIST report] in Darfur [JURIST news archive]. Several countries have been reported for failing to arrest al-Bashir while he has been present inside their borders. In May, the ICC urged Djibouti to arrest al-Bashir [JURIST report]. In October, the ICC requested that Kenya arrest al-Bashir [JURIST report] while he visited that year for a second time. Previously, al-Bashir had visited Kenya for the signing of the country's new constitution [JURIST report]. Following his visit, the ICC reported Kenya [decision, PDF; JURIST report] to the UN Security Council and the Assembly of States Parties to the Rome Statute for the violation in not arresting al-Bashir. Also following his August visit, former UN Secretary-General Kofi Annan urged Kenya to reaffirm its cooperation with the ICC by arresting al-Bashir [JURIST report]. In July, the ICC called for al-Bashir's arrest during his visit to Chad [JURIST report], marking the first visit to an ICC member state since the warrants were issued. The ICC also reported Chad [decision, PDF] to the Security Council and Assembly of States Parties.




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


Rights group appeals dismissal of Guantanamo suicide case
Zach Zagger on June 14, 2011 8:52 AM ET

Photo source or description
[JURIST] The Center for Constitutional Rights (CCR) [advocacy website] on Monday appealed the dismissal of a case over two Guantanamo Bay [JURIST news archive] detainees,Yasser Al-Zahrani of Saudi Arabia and Salah Al-Salami of Yemen, who committed suicide while in detention in 2006. The CCR filed the appeal in the US Court of Appeals for the District of Columbia Circuit [official website] on behalf of the two men's families to renew the civil lawsuit against the US and 24 government officials, including former US defense secretary Donald Rumsfeld [JURIST news archive], claiming they are responsible for arbitrary detention, torture, and the death of Al-Zahrani and Al-Salami. US military officials said the two men committed suicide [JURIST report] in June 2006 while in detention. Al-Zahrani was said to have hung himself [JURIST report] with his bed sheets and clothing. A judge for the US District Court for the District of Columbia District [official website] granted the defendants' motion for dismissal early last year and later denied a motion for reconsideration [JURIST reports] filed after new evidence of eye witness accounts from soldiers suggested the men died while being tortured. The CCR claims that these reports show a high-level cover-up and that the soldiers were ordered not to speak out.

The judge denied the reconsideration despite the new evidence saying it does not change the reasoning for dismissal that the "special needs of foreign affairs must stay" the court's action. The claim was originally brought [JURIST report] under the Alien Tort Claims Act [text], which provides that district courts have original jurisdiction to hear claims for torts "committed in violation of the law of nations or a treaty of the United States." The defendants moved to dismiss the suit based on § 7 of the Military Commissions Act of 2006 [text, PDF], which removes the ability of federal courts to hear challenges to the treatment of aliens who have been "properly detained" as enemy combatants. In 2008, officials from the Naval Criminal Investigative Service [official website] said notes found in the clothes of two detainees indicated that they were seeking martyrdom. Military investigations of the suicides began [JURIST report] immediately after the men were found in their cells, and the military quickly rejected calls for independent civilian investigations. The military similarly rejected requests by the governments of Yemen and Saudi Arabia [JURIST reports] to reform the investigation process.




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

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


LATEST OP-ED

The War on Terror and the Need for Muslim Support
DOMESTIC
Faisal Kutty
Valparaiso University Law School

Get JURIST legal news delivered daily to your e-mail!

SYNDICATION

Add Paper Chase legal news to your RSS reader or personalized portal:
  • Add to Google
  • Add to My Yahoo!
  • Subscribe with Bloglines
  • Add to My AOL

E-MAIL

Subscribe to Paper Chase by e-mail. JURIST offers a free once-a-day digest [sample]. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.


R|mail e-mails individual Paper Chase posts through the day. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.

PUBLICATION

Join top US law schools, federal appeals courts, law firms and legal organizations by publishing Paper Chase legal news on your public website or intranet.

JURIST offers a news ticker and preformatted headline boxes updated in real time. Get the code.

Feedroll provides free Paper Chase news boxes with headlines or digests precisely tailored to your website's look and feel, with content updated every 15 minutes. Customize and get the code.

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org