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Legal news from Monday, August 29, 2011




Michigan appeals court rules state worker pay cut unconstitutional
John Paul Putney on August 29, 2011 11:50 PM ET

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[JURIST] The Michigan Court of Appeals [official website] has ruled unanimously [opinion, PDF] that a 3 percent cut to state workers' pay to fund the retiree health care benefits violates the Michigan Constitution [text]. Specifically, the court ruled last Thursday that the legislature and former governor Jennifer Granholm lacked the authority to side-step the Civil Service Commission. Explaining the balance of power between the commission and the legislature, the court noted:
Although the commission has plenary authority over the rates of compensation, a system of checks and balances was established with the Legislature in the Michigan Constitution of 1963. Specifically, an increase in the rate of compensation authorized by the commission may be rejected or reduced by the Legislature "by a two-thirds vote of the members elected to and serving in each house" provided the vote occurs within 60 calendar days of the transmitted increase."The [L]egislature may not reduce rates of compensation below those in effect at the time of the transmission of increases authorized by the commission." The Civil Service Commission has the sole authority to fix rates of compensation. By enacting 2010 PA 185 ... the Legislature acted to reduce the compensation of classified civil servants by three percent without an accompanying agreement with the unions or the CSC. The sole authority to fix rates of compensation of classified civil servants is vested with the CSC.
The state employees' triumph at the court of appeals may be short-lived as the Michigan Supreme Court may not follow the appeals court's reasoning and, ultimately, the retirement health care system remains fiscally unsustainable [Detroit Free Press report]. Current Governor Rick Snyder has not indicated whether it will appeal the ruling.

States facing monumental budget deficits have struggled to find the political consensus to reduce spending. In June, the Wisconsin Supreme Court [official website] upheld the Budget Repair Bill [JURIST report] overruling the Dane County Circuit Court finding [JURIST report] that legislators had violated the "open meetings" rule. Ruling 4-3, the court stated that the lower court Judge had "invaded the legislature's constitutional powers." The more controversial legislation in Wisconsin requires state employees to contribute a percentage of their salaries to their pension and health care premiums, and eliminates the ability of public employee union members to collectively negotiate anything but wage increase, which will be capped by the Consumer Price Index.




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Syria president issues new law on media
John Paul Putney on August 29, 2011 5:44 PM ET

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[JURIST] Syrian President Bashar al-Assad [BBC profile] issued a legislative decree on Sunday repealing earlier more restrictive laws on media. Legislative Decree No. 108 for 2011 [Syria Online backgrounder] lifts oppressive legislation which allowed for imprisoning journalists [DP-News report] for "attacking the prestige and dignity of the state, national unity and the morale of the army." Information Minister Adnan Mahmoud indicated the law will "cancel penalties against journalists and ... [facilitate] their access to information." The law also calls for the establishment of a "National Council of Information" linked to the cabinet which will regulate the information sector under the new media law. The law, however, bans publications on a swath of topics [CNN report] including content that "affects national unity and national security, incites sectarian strife, incites crimes or hatred, or harms state symbols" as well as news related to the armed forces. Journalists may still be fined up to $21,000 for defamation, and the law would extend accountability for violations to editors, journalists and even media spokespersons. Opposition activists have also dismissed the once highly-sought reforms as "too little too late" in the face of continuing accounts of regime brutality and protester fatalities.

In June, the director-general of the UN Educational, Scientific and Cultural Organization (UNESCO) [official website] Irina Bokova [official website] condemned Syria [JURIST report] 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. Last week, the UN Human Rights Council (UNHRC) [official website] adopted a resolution [draft text, PDF] ordering an investigation into crimes against humanity in Syria and urging the Syrian government once again to halt its violent crackdown against peaceful protesters. The UNHRC convened a special session to discuss the possibility of an investigation after a Fact-finding Mission in Syria published a 22-page report concluding that Syrian government forces cracking down on the opposition may be committing crimes against humanity [JURIST report].




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Kenya swears in first Supreme Court justices
Jennie Ryan on August 29, 2011 11:34 AM ET

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[JURIST] Kenyan Registrar of the High Court Gladys Boss Shollei swore in the nation's first Supreme Court [official website] justices on Friday at a ceremony in the capital city Nairobi. The ceremony was attended by President Mwai Kibaki [official profile] who emphasized the importance [KBC report] of the appointments to the country's ongoing institutional reform. "With all these reforms that we are implementing now, I am quite sure that the country will make good progress," Kibaki told those in attendance. The newly appointed Supreme Court judges are Chief Justice Willy Mutunga, Deputy Chief Nancy Baraza, Phillip Tunoi, Jackton Ojwang, Mohamed Ibrahim, Charles Wanjala and Njoki Ndung'u. The appointments come just one day after the High Court of Nairobi [official website] dismissed a claim that the nomination of only one female judge to the Supreme Court violates the Kenyan Constitution [text, PDF]. The claim was brought by the Federation of Women Lawyers (FIDA) Kenya [official website] and other advocacy groups which argued that the appointments would violate Article 27, which requires that no more than two-thirds of a public body be comprised of one gender. The court refused to grant a temporary injunction that would bar the appointment of the justices pending an appeal by FIDA, paving the way for Friday's ceremony.

In June, the Judicial Service Commission (JSC) [official website] selected five appointees [JURIST report], one woman and four men, to serve on the nation's first Supreme Court. The list of nominations was submitted to Kibaki for direct appointment because Article 166(1)(b) of Kenya's Constitution exempts the appointees from questioning by the Parliament of the Republic of Kenya [official website]. Kibaki signed a new constitution [JURIST report] into law in August 2010 as part of a reform movement aimed at curbing vast presidential powers. Kenya's new constitution includes numerous checks on presidential authority, among which are the creation of a supreme court and senate. The new constitution was approved [JURIST report] by popular referendum earlier that same month. The creation of a new constitution was part of a power-sharing agreement [JURIST report] reached in 2009 between Kibaki and opposition leader Prime Minister Raila Odinga [official website] that brought to an end the civil unrest that followed the contested election.




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Iran election protesters released from prisons
Alexandra Malatesta on August 29, 2011 10:40 AM ET

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[JURIST] Tehran prosecutor Abbas Jafari-Dolatabadi said Saturday that approximately 100 people imprisoned for their participation in the massive 2009 presidential election protests [JURIST news archive] have been pardoned and released by Iran's supreme leader Ayatollah Ali Khamenei [official profile; BBC profile]. Though the pardoning of "repentant" prisoners traditionally coincides with the conclusion of Ramadan, analysts have viewed their release as a political, conciliatory gesture [LAT report] in preparation for next year's elections. Because the names of the prisoners have not been released, it is unclear whether two Americans captured while hiking across the border of Iraq [CNN report] are among those who have been freed.

The Iranian government has faced significant international scrutiny for its handling of the post-election protests and treatment of thousands arrested as a result. Aside from the repeated pleas form the US, Amnesty International labeled human rights violations committed by the Iranian government following the election among the worst of the past 20 years [JURIST report]. Human rights groups have also called on the UN General Assembly [official website] to appoint a special envoy [JURIST report] to investigate allegations of rights violations. Alleged human rights abuses of detainees include sexual assault, beatings and forced confessions [JURIST reports]. Many of those detained after the protests have been freed, but more than 80 have been sentenced to lengthy prison terms and five have been sentenced to death.




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Bahrain king dismisses charges against some protesters
Jennie Ryan on August 29, 2011 9:58 AM ET

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[JURIST] Bahraini King Hamad bin Isa Al Khalifa [official profile] announced on Sunday that he will dismiss charges against some of the protesters detained for their participation in pro-democracy demonstrations in the country. In a nationally televised speech [video], Khalifa conceded that some of the protesters had been subjected to violence during the demonstrations which began in February [JURIST news archive]. Khalifa said:
There are those who were arrested, and investigations proved that they were the victims of individual behavior and were ill-treated in custody. This is not tolerated by God and we do not condone it. ... The last few months were painful for all of us, and even though we all live in the same country, some have forgotten about the inevitability of coexistence.
Khalifa also announced that victims of abuse or the families of those killed during the protests will be eligible to receive compensation payments [AP report]. The Bahraini Supreme Court will oversee the disbursement of compensation payments to victims.

In June, Khalifa announced that an independent commission will investigate human rights violations [JURIST report] related to the country's pro-democracy protests. Earlier that month, the OHCHR announced that Bahrain agreed to permit a UN commission [JURIST report] to investigate human rights violations related to protests. In April, human rights organizations including Human Rights Watch (HRW) and Doctors Without Borders (DWB) [advocacy websites] criticized Bahrain for rampant human rights abuses [JURIST report] related to anti-government protests. Six opposition leaders were arrested [JURIST report] in March after the government, backed by foreign troops from the Gulf Cooperation Council (GCC) [official website], violently dispersed protesters in the capital of Manana. Days earlier, Khalifa declared [JURIST report] a three-month state of emergency [decree text, in Arabic] in response to growing unrest in the island nation. The state of emergency came just days after a group of 22 Bahraini lawmakers, part of an independent pro-government bloc, called on the King to impose martial law [JURIST report] under articles 36 and 123 of the Bahraini Constitution [text, PDF]. In February, UN Secretary-General Ban Ki-moon [official profile] called for an end to violence against protesters [JURIST report] in the country, referencing attempts to quell protests sweeping across the region.




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US prosecutor to investigate Kosovo PM for organ trafficking
Alexandra Malatesta on August 29, 2011 9:42 AM ET

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[JURIST] The European Union Rule of Law Mission to Kosovo [official website] announced Monday that US prosecutor John Clint Williamson will lead an investigation into allegations that Kosovo Prime Minister Hashim Thaci [official profile] participated in an organ trafficking scheme during the 1998-1999 Kosovo War [BBC backgrounder; JURIST news archive]. Claims made in a report [text] authored by Council of Europe (COE) [official website] member Dick Marty [BBC profile] indicate that Thaci served as the "boss" of an illegal criminal enterprise [JURIST report] that trafficked human organs and drugs during the war. Though Thaci strongly denies the allegations and has pledged to cooperate with the investigation, the report was based on a two-year investigation that concluded that Kosovo Liberation Arm (ALK) [GlobalSecurity backgrounder] soldiers, lead by Thaci, ran detention centers where civilians were killed and their organs sold on the black market [BBC report].

The COE report alleges that Thaci was the leader of the KLA Drenica Group, a criminal network that controlled the heroin trade and the black market trafficking of kidneys of executed Serbian and Albanian war prisoners. News of the report's accusations prompted the government to respond [press release], denying the allegations and calling them an attempt to harm Thaci's reputation following his party's victory in the nation's parliamentary elections last year. Claims of Kosovo's involvement in human organ trafficking originated in 2008 when former prosecutor for the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] Carla Del Ponte [BBC profile; JURIST news archive] alleged in a book [JURIST report] about her time at the tribunal that roughly 300 Serbian and other non-Albanian prisoners were victims of organ trafficking during the war. That year, Serbian prosecutors condemned Albania's refusal to initiate [JURIST report] an investigation into allegations of organ trafficking in Kosovo. Albanian Prosecutor General Ina Rama refused to cooperate with Serbian war crimes prosecutor Vladimir Vukcevic [official website] and said that her country would only pursue the allegations if the ICTY decided to reopen its investigation.




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