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Legal news from Thursday, July 14, 2011




Imprisoned Iran journalist urges UN probe of prison conditions
Maureen Cosgrove on July 14, 2011 2:31 PM ET

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[JURIST] Jailed Iranian journalist Isa Saharkhiz [Iran Press profile] on Wednesday urged [letter, DOC, in Persian] UN Human Rights Special Rapporteur Dr. Ahmad Shaheed to investigate prison conditions in Iran. Saharkhiz alleged that the treatment of both political and general prisoners in Iran amounts to crimes against humanity [RFE/RL report], and compared the conduct of prison authorities to that of Joseph Stalin in Soviet-era concentration camps. Saharkhiz believes that prison authorities are systematically mistreating prisoners, particularly political activists, with the goal of silencing and ultimately killing them. He further indicated that prison authorities would not allow him to seek medical treatment for his illness. Saharkhiz, a well-known press activist and former managing editor of the monthly Aftab, was sentenced [JURIST report] in July 2006 by an Iranian court to four years in prison for publishing articles against the constitution and offending the state media. He was later arrested in 2009 for insulting Iran's government and spreading propaganda following the controversial June 2009 presidential election [JURIST news archive]. He is serving three years for that arrest, followed by a five-year ban on political and journalistic activities, and a one-year order to remain in Iran following release.

Iran's prison system has been heavily criticized in recent years. The Iranian government executed two men in February convicted of killing [JURIST reports] three anti-government protesters in prison in 2009, according to a report by pro-government website Khabarnameh Daneshjooyan. The men were charged with torturing and eventually killing Mohammad Kamrani, Amir Javadi-far and Mohsen Ruholamini while they were detained at Kahrizak jail south of Iran. Observers had accused the Iranian government of conducting the highly controversial trial [JURIST report] as a mere political move. The Iranian government was also sharply criticized by both pro-democracy leaders and government supporters for the death of the protesters, who were incarcerated after the June 2009 disputed presidential election. Authorities initially claimed that the three detainees had died from meningitis, holding that the torture accusations were propaganda of the opposition party. This viewpoint began to shift in August when government officials spoke out [JURIST report] against the abuse of protesters detained in Iranian prisons and Supreme Leader Ayatollah Ali Khamenei [official website] ordered the closure of Kahrizak prison as a result. In January, the International Campaign for Human Rights in Iran [official website] claimed that Iran is on an "execution binge" [JURIST report], killing one prisoner every eight hours. Human Rights Watch (HRW) and the International Campaign for Human Rights in Iran [advocacy websites] also called for [press release; JURIST report] the UN General Assembly [official website] to appoint a special envoy to investigate allegations of human rights abuses following the 2009 presidential elections.




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Belgium officially bans burqa
Julia Zebley on July 14, 2011 1:59 PM ET

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[JURIST] Belgium's interim cabinet announced via the Belgian Official Journal [official website, in French and Dutch] Thursday that the nation will be officially banning the burqa [EurActiv report]. The Belgian House of Representatives [official website, in French] voted 136-0 to approve the law in April 2010 [JURIST report] and the Senate [official website, in French] approved it in May [DPA report] of that year, but the law's implementation was delayed by Belgium's political crisis. Violators of the new law will be fined € 137.50 and could receive a week in jail. The law is set to go into effect on July 23.

A French Muslim couple living in the UK filed a challenge [JURIST report] last month in the European Court of Human Rights (ECHR) [official website] over the French ban [materials, in French] on full face coverings. Also in June, a Spanish court upheld a city ban on veils in municipal buildings for identification and security purposes. Under the French ban, people caught wearing facial coverings in public can be fined € 150 (USD $215) and/or ordered to take a citizenship class. In addition, anyone convicted of forcing a someone else to cover their face may be fined up to 30,000 euro and jailed for one year [AFP report, in French], and the penalties double if the incident involves a minor. The ban affects citizens, residents and tourists alike, and extends to all public places [Le Figaro backgrounder, in French], including airports, hospitals, government offices and even places of worship that are open to the public. In October, the French Constitutional Council ruled that the ban conforms with the Constitution [JURIST report]. Also in October, Dutch politician Geert Wilders [personal website, in Dutch] said that the Netherlands will ban the burqa [JURIST report] as part of the government's plan to form a minority coalition. In August, Austria's conservative Freedom Party [official website, in German] called for a special vote [JURIST report] on whether to ban face veils and the construction of minarets, two of the most visible symbols of the Islamic faith. In July, Spain's lower house of parliament rejected a proposal [JURIST report] to ban the burqa and other full face veils by a vote of 183 to 162 with two abstaining.




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Rights group urges Kuwait to release 2 in detention for Internet message
Zach Zagger on July 14, 2011 11:34 AM ET

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[JURIST] Human Rights Watch (HRW) [advocacy website] Thursday urged Kuwait to immediately release [press release] two men being detained for posting messages on the Internet criticizing Middle East rulers. HRW reported that in June authorities detained and investigated Nasser Abul [Twitter feed, in Arabic] for threatening state security using Twitter and Lawrence al-Rashidi for posting a YouTube video criticizing Kuwait leader Sheikh Sabah al-Ahmad Al-Sabah [BBC profile]. HRW said that Kuwait should investigate the alleged mistreatment of Abul in detention, who it says is being held for Tweets criticizing the rulers of Saudi Arabia and Bahrain. His Tweets support the protestors demonstrations against Bahrain King Hamad bin Isa al-Khalifa [official profile]. Joe Stork, Middle East director at Human Rights Watch, said, "Abul has been held for more than a month on the basis of a few tweets that clearly constitute protected speech. His detention appears to be an illegal effort to punish him and intimidate others who might dare be critical about Kuwait's fellow Gulf monarchs." HRW also reports that Abul is being subjected to sleep deprivation and being held in solitary confinement. Al-rashidi is allegedly being held for posting a YouTube video calling for Al-Sabah to step down.

The two men are not the first to be persecuted for criticizing the demonstrations in the Middle East. In April, HRW reported that an Egyptian military court convicted blogger [JURIST report] Maikel Nabil and sentenced him to three years in prison for criticizing the army and raising questions over reform in the wake of revolution. The 25-year-old blogger and activist was arrested at his home on March 28 and charged with "insulting the military establishment" and "spreading false information" for criticizing the army's handling of the revolution that began on January 25. He posted an article on his blog on March 7 saying the army had beat, tortured and killed protesters, including some who were cooperating with security forces. He was then sentenced without a formal hearing and without his lawyers present.




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Rights groups urge Russia probe of activist Estemirova murder
Maureen Cosgrove on July 14, 2011 10:21 AM ET

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[JURIST] Human Rights Watch (HRW), Civil Rights Defenders (CRD), Front Line Defenders (FLD), Amnesty International (AI) and the Norwegian Helsinki Committee (NHC) [advocacy websites] on Thursday released a joint statement urging the Russian government to investigate the murder [text] of rights activist Natalia Estemirova [BBC obituary]. Estemirova, who was kidnapped in Grozny in July 2009 and shot to death, reported regularly on human rights abuses committed by the Chechen government, including extrajudicial killings, torture and enforced disappearances. Her body, which had been shot multiple times, was found [Moscow Times report] in nearby Ingushetia. Hugh Williamson, Europe and Central Asia director at HRW, expressed concern that the investigation has not yielded satisfactory evidence:
Two years after Estemirova's murder, there are more questions than answers about the circumstances surrounding her killing. The Russian authorities need to deliver justice in Estemirova's case to demonstrate their sincerity about protecting human rights in Chechnya and throughout the North Caucasus.
The advocacy groups emphasized the need for a "thorough, impartial, and transparent investigation" so the perpetrators could be held accountable. Joint Mobile Group of the Russian Human Rights Organizations in Chechnya, a group whose members are regularly threatened for pursuing human rights issues, is currently handling the Estemirova case, along with a number of other human rights cases.

Estemirova is one of several rights advocates to be gunned down in Russia in recent years. Prominent opposition leader and human rights activist in Russia's southern province of Ingushetia [official website, in Russian], Maksharip Aushev, was shot dead [JURIST report] in October 2009 while traveling on a highway in the North Caucasus region of Kabardino-Balkaria. In August 2009, Chechen human rights activist Zarema Sadulayeva and her husband Alik Dzhabrailov were found dead [JURIST report]. Sadulayeva's death came less than a month after Estemirova's death. The body of Russian human rights activist Andrei Kulagin [JURIST report] was found in a quarry in June 2009. Russian Human Rights Commissioner Vladimir Lukin expressed concern in April 2009 that activists in Russia were being attacked with greater frequency [JURIST report]. In January 2009, Russian human rights lawyer Stanislav Markelov was shot and killed [JURIST report] in Moscow. Markelov represented journalist Anna Politkovskaya [BBC obituary], who was shot to death [JURIST report] in October 2006. JURIST Forum Guest Columnist Pamela A. Jordan argues that Estemirova's murder may help jolt average Russians into demanding that their leaders engage in legal reform in her op-ed Strong-arm Rule or Rule of Law? Prospects for Legal Reform in Russia [JURIST op-ed].




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UK Supreme Court bars 'secret evidence' in Guantanamo trials
Julia Zebley on July 14, 2011 9:30 AM ET

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[JURIST] The UK Supreme Court [official website] ruled [judgment, PDF] Wednesday that secret service organizations cannot withhold evidence from opposing parties nor conduct closed trials. The appellants, secret service organizations including MI5 [official website], appealing a May 2010 ruling [JURIST report], requested the creation of a "closed material procedure," saying the disclosure of their evidence to the appellees, former Guantanamo detainees, would be contrary to the public interest. This procedure would have involved a special advocate being appointed to the plaintiffs in a civil case to impartially consider the defendants' evidence but not reveal any of it to the plaintiffs. The court rejected this idea, citing the public interest immunity (PII) doctrine as more than suitable for classified information as evidence, and that it was not in the judiciary's power to allow or enforce a new doctrine. The PII allows for information to not be disclosed to opposing parties when it would not be in the public's interest.
[T]he right to be confronted by one's accusers is such a fundamental element of the common law right to a fair trial that the court cannot abrogate it in the exercise of its inherent power. Only Parliament can do that. The closed material procedure excludes a party from the closed part of the trial. He cannot see the witnesses who speak in that part of the trial; nor can he see closed documents; he cannot hear or read the closed evidence or the submissions made in the closed hearing; and finally he cannot see the judge delivering the closed judgment nor can he read it.
The court did suggest Parliament could create a law to allow "secret evidence" if it chose. The Guardian, an intervening party in the suit for the plaintiffs, was pleased with the decision [report], calling it a victory for open justice.

The initial suit, a civil case brought by British resident and Iraqi citizen Bisher al-Rawi with other Guantanamo detainees, Binyam Mohamed, Jamil el-Banna, Richard Belmar, Omar Deghayes and Martin Mubanga, was appealed by MI5 and MI6 [official website] after the detainees asserted that the organizations "aided and abetted" their illegal detention. Their claims for recompense were settled [JURIST report] in November by the UK government. Bisher al-Rawi was released [JURIST report] in April 2007 from the US military prison at Guantanamo Bay [JURIST news archive] after nearly five years in custody as an enemy combatant. Al-Rawi was originally suspected of ties to al Qaeda because of his alleged connection with radical Muslim cleric Abu Qatada [BBC profile]. He was arrested returning to the UK from Gambia with a suspicious electronic device, which they claimed was a battery charger, and were taken into US custody.




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Ex-hedge fund trader settles SEC civil charges
Maureen Cosgrove on July 14, 2011 9:18 AM ET

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[JURIST] Former hedge fund trader Danielle Chiesi on Wednesday agreed to pay USD $540,000 to settle a civil charge with the Securities and Exchange Commission (SEC) [official website]. Chiesi was accused of communicating non-public information about IBM Corporation, Advanced Microdevices (AMD) and Sun Microsystems (now Sun-Oracle) [corporate websites] in 2008 and 2009 to her superiors at New Castle Funds LLC [fund profile], a Manhattan-based investment advisory company formerly part of Bear Stearns [NYT backgrounder]. Chiesi was arrested in 2009 along with Galleon Group founder Raj Rajaratnam [JURIST news archive] and accused of using the information to reap more than $4 million in illegal profits for New Castle. The settlement Chiesi agreed to pay amounted to a large portion of her net worth [WSJ report], including salary and bonuses she received during the conspiracy activity. She pleaded guilty [JURIST report] in January to three criminal counts of conspiracy to commit securities fraud before judge Richard Holwell of the US District Court for the Southern District of New York [official website]. Chiesi faces over three years in prison for the criminal charges when she is sentenced on July 20 in federal court.

A federal jury convicted [JURIST report] Rajaratnam in May on all 14 counts of insider trading. New Castle is said to have gained at least $1.7 million from the trades. Chiesi reportedly got the information from former IBM executive Robert Moffat, with whom she was having an affair. Moffat is currently serving six months in prison for insider trading in connection with the Galleon case. Moffat was sentenced [JURIST report] in September 2010 and ordered to pay a $50,000 fine for his role in the scheme after he pleaded guilty [JURIST report] the previous March. Former Intel Capital [corporate website] executive Rajiv Goel pleaded guilty [JURIST report] to insider trading charges in connection with the Galleon probe earlier in February 2010. Rajaratnam, Chiesi, Goel and Moffat were arrested in October and charged [complaint, PDF] along with two other individuals and two business entities with insider trading. The complaint alleged that the individuals provided Galleon Group and another hedge fund with material non-public information about several corporations upon which the funds traded, generating $25 million in illicit gain. Rajaratnam and Chiesi initially pleaded not guilty [JURIST report] in December 2009 after being indicted for insider trading.




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Federal court blocks NYC law forcing pregnancy centers to disclose services
Zach Zagger on July 14, 2011 9:09 AM ET

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[JURIST] The US District Court for the Southern District of New York [official website] Wednesday blocked [opinion, PDF] a New York City ordinance requiring non-profit pregnancy centers to disclose whether they provide abortion [JURIST news archive] services or emergency contraception. The law [Local Law 17 § 20-816] requires facilities meeting the definition of a "pregnancy center" to disclose certain information to patients: that New York City Department of Health and Hygiene [official website] advises woman to consult with a licensed medical provider; whether the facility has a licensed medical provider on staff; and whether the facility provides "referrals for abortion, emergency contraception, and prenatal care." The court granted a preliminary injunction holding that such requirements likely infringe on the non-profit facilities' First Amendment [text] rights under a strict scrutiny standard. New York City argued that the law should be held to a lower standard of scrutiny since the restriction was on a form of commercial speech. The city argued that though the facilities operate for a charitable purpose, they provide services and goods with economic value and in return have the opportunity to advocate against abortion and either prevent or delay a decision to terminate a pregnancy." But Judge William Pauley said that just because a facility provides a good or service with economic value does not make it a commercial entity:
the Plaintiffs engage in commercial speech because they are provided with an audience to whom they can espouse their beliefs—is particularly offensive to free speech principles. While Defendants apparently regard an assembly of people as an economic commodity, this court does not. Under such a view flyers for political rallies, religious literature promoting church attendance, or similar forms of expression would constitute commercial speech merely because they assemble listeners for the speaker. Accepting that proposition would permit the Government to inject its own message into virtually all speech designed to advocate a message to more than a single individual and thereby eviscerate the First Amendment's protections.
The lawsuit was brought by a group of non-profit pregnancy facilities represented by the American Center of Law and Justice (ACLJ) [advocacy website]. The ACLJ touted the decision [press release] as a First Amendment win for pro-life advocates.

There are currently several lawsuits challenging state laws placing restrictions on abortions. Earlier this month, the Center for Reproductive Rights (CRR) [advocacy website] filed a motion for a preliminary injunction to block a new Texas requiring a woman to have a sonogram with the doctor describing the fetus in detail before having an abortion. The lawsuit claims that by forcing the physician to deliver government-mandated materials to the patient, it violates the First Amendment 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. Last month, the CRR won a preliminary injunction in the US District Court for the District of Kansas [official website] to block a Kansas regulation [SB36] requiring clinics within the state to obtain a license to perform abortions. Earlier that week, a judge for the US District Court for the District of South Dakota [official website] issued a preliminary injunction [JURIST report] blocking a South Dakota abortion regulation [HB 1217] requiring a 72-hour waiting period.




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US lawmakers urge probe of News Corp 9/11 hacking claim
Erin Bock on July 14, 2011 8:32 AM ET

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[JURIST] Members of the US Senate and House of Representatives [official websites] called on US agencies Wednesday to open an investigation into whether journalists working for the media company News Corporation (News Corp.) [media website] and its subsidiaries violated US laws by hacking into the mobile phones of 9/11 [JURIST backgrounder] victims. The requests are in response to an article [text] published in the British tabloid, The Daily Mirror [official website], claiming that journalists working for the company offered to pay a New York City police officer in exchange for victims' phone information and call details. US Senator Robert Menendez (D-NJ) [official website] sent a letter [text] to Attorney General Eric Holder [official website] requesting an investigation into whether the allegations are true. Representative Peter King (R-NY), Chairman of the Committee on Homeland Security, sent a letter [text] to the FBI urging an investigation and stating that, if true, News Corp.'s actions would merit felony charges for corruption of public officials and wiretapping. King stated that any guilty parties "should receive the harshest sanctions available under law" and called for the protection of 9/11 families.
It is revolting to imagine that members of the media would seek to compromise the integrity of a public official for financial gain in the pursuit of yellow journalism. The 9/11 families have suffered egregiously, but unfortunately they remain vulnerable against such unjustifiable parasitic strains. We can spare no effort or expense in continuing our support for them.
US Senators Barbara Boxer (D-CA) and Jay Rockefeller (D-WV) [official websites] sent a letter [text] to Holder and the Securities and Exchange Commission (SEC) [official website] asking both to investigate the wiretapping allegations and to determine whether News. Corp violated the Foreign Corrupt Practices Act of 1977 (FCPA) [background materials, PDF] by using bribery to collect private information in the UK. Senator Frank Lautenberg (D-NJ) wrote a similar letter [text, PDF] to Holder and the SEC.

These requests follow recent reports that journalists for the now-defunct British tabloid, News of the World [media website], a News Corp. subsidiary, paid London police officers for private information, including telephone records, to use in various news stories. The company could face additional charges under the accounting provisions of the FPCA for not properly recording any illicit transactions in their books.




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