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Legal news from Sunday, October 2, 2011




Obama reaffirms support for DOMA repeal
Maureen Cosgrove on October 2, 2011 2:42 PM ET

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[JURIST] US President Barack Obama [official website] on Saturday told gay rights activists that he would continue to fight for the repeal [text] of the Defense of Marriage Act (DOMA) [text; JURIST news archive]. During a speech given at the 15th annual dinner hosted by equal rights group Human Rights Campaign (HRC) [advocacy website], Obama told the audience that DOMA "runs counter to the Constitution, and it's time for it to end once and for all," and that his administration was no longer defending the legislation. The president called on equal rights advocates to continue fighting for equality and acknowledged that progress would take time:
I don't have to tell you how many are still denied their basic rights—Americans who are still made to feel like second-class citizens, who have to live a lie to keep their jobs, or who are afraid to walk the street, or down the hall at school. Many of you have devoted your lives to the cause of equality. So you know what we have to do; we've got more work ahead of us.
Finally, Obama discussed a number of other measures his administration has implemented in an effort to "fight for equality," including the recent repeal of Don't Ask, Don't Tell (DADT) [10 USC § 654; JURIST news archive], which took effect on September 20 [JURIST report].

White House Press Secretary Jay Carney announced at a White House press briefing [text] in July that Obama supports the repeal of DOMA. Carney also said that Obama supports the Respect for Marriage Act [text], which was introduced by Congressional Democrats [JURIST report] in February to repeal DOMA, the 1996 federal law that defines marriage as "a legal union between one man and one woman as husband and wife." In March, House Speaker John Boehner (R-OH) [official website] announced that he was launching a legal advisory group to defend [JURIST report] DOMA, stating "[t]he constitutionality of this law should be determined by the courts, not by the president unilaterally, and this action by the House will ensure the matter is addressed in a manner consistent with our Constitution." Democrats introduced the Respect for Marriage Act following February's announcement by the US Department of Justice (DOJ) [official website] that it will no longer defend the constitutionality [JURIST report] of Section 3 of DOMA, which restricts the federal definition of marriage to heterosexual couples, in court cases challenging the provision. The announcement came just one month after the DOJ filed a brief [JURIST report] with the US Court of Appeals for the First Circuit [official website] defending the constitutionality of DOMA. The appeal followed a July 2010 ruling [JURIST report] by the US District Court for the District of Massachusetts, which found that Section 3 of DOMA violates both the Equal Protection Clause of the Fifth Amendment and State Sovereignty under the Tenth Amendment [text]. Six states and the District of Columbia have legalized same-sex marriage. Currently DOMA allows other states to ignore those recognized same-sex marriages, and prevents same-sex couples from receiving federal benefits available to married couples.




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Bahrain medics urge UN probe of protest convictions
Maureen Cosgrove on October 2, 2011 2:02 PM ET

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[JURIST] Bahraini doctors and nurses on Saturday urged the UN to investigate claims of abuse and due process violations in relation to their recent convictions for pro-democracy protests. Last week, the National Safety Court of Appeal, a court composed of military prosecutors and civilian and military judges, in Bahrain [JURIST news archive] sentenced [JURIST report] one anti-government protester to death for killing a police officer and gave lengthy prison sentences to medical personnel, including doctors, for providing treatment to injured protesters during the country's uprising. In a statement [text] released shortly after the convictions, the medics denounced the charges and criticized the Bahraini government:
During the times of unrest in Bahrain, we honored our medical oath to treat the wounded and save lives. And as a result, we are being rewarded with unjust and harsh sentences. ... The charges that we have being accused of are absolutely ludicrous. We are highly professional and experienced medics and specialists, and we categorically deny all charges against us. This is the first time in the history of medicine that the medical profession has been attacked on such a large scale by any government.
Numerous human rights groups have also voiced concern over the convictions [AP report], while Bahraini officials maintain that the medics "actively supported opposition protestors."

Forty-seven doctors and nurses were arraigned [JURIST report] in June on charges of trying to overthrow the government and participating in illegal demonstrations when they helped treat injured protesters at the Salmaniya Medical Complex [official website], a state-run center in Bahrain's capital, Manama. Human rights organizations including Human Rights Watch (HRW) and Doctors Without Borders (DWB) [advocacy websites], in April, criticized [JURIST report] Bahrain for rampant human rights abuses related to anti-government protests. In March, six opposition leaders were arrested [JURIST report] in Bahrain after the government, backed by foreign troops from the Gulf Cooperation Council (GCC) [official website], violently dispersed protesters in Manama. Days earlier, Bahraini King Hamad bin Isa Al Khalifa [official website] declared a three-month state of emergency [JURIST report] 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]. Also in March, the member states of the GCC, which includes Bahrain, Saudi Arabia, Kuwait, Oman, Qatar and the UAE, deployed troops to Bahrain [BBC report] for the purpose of guarding oil installations and financial institutions. The Bahraini government's response to the ongoing protests have prompted international concern. 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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Australia court rejects accused Serb war criminal's extradition appeal
Ashley Hileman on October 2, 2011 11:04 AM ET

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[JURIST] The Federal Court of Australia [official website] on Friday rejected the appeal against extradition of accused Serbian war criminal Dragan Vasiljkovic [Trial Watch backgrounder; JURIST news archive]. For five years, Vasiljkovic has fought against extradition [AP report] from Australia to Croatia to face war crimes charges stemming from his role as a Serbian commander during the 1991-1995 Croatian war of Independence [GlobalSecurity backgrounder]. With this judgment, Vasiljkovic, an Australian citizen also known as Daniel Snedden, will be extradited to Croatia, unless Australia's high court will hear his appeal. In 2007, an Australian court ordered that Vasiljkovic be handed over to Croatian authorities after he was arrested in Australia in 2006 pursuant to an extradition request [JURIST reports] from the Croatian government.

Croatia has been cracking down on suspected war criminals from the Serbo-Croatian war. In May, three former Croatian police officers were arrested [JURIST report] in connection to alleged war crimes committed against ethnic Serb civilians during the war in 1991 and 1992. Most notable among the three is Djuro Brodarac, a former police chief in the town of Sisak southeast of the capital Zagreb, who was arrested [Adnkronos International report] along with two other police officials, Vladimir Milankovic and Drago Bosnjak. The Youth Initiative for Human Rights (YIHR) [advocacy website], a rights organization in the former Yugoslav states, said that as many as 600 Serb civilians in Sisak were killed [press release, in Croatian] during the war. YIHR urged the Croatia to further investigate possible war crimes and prosecute all those responsible.




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UN urges probe into Mexico journalist deaths
Ashley Hileman on October 2, 2011 10:14 AM ET

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[JURIST] The UN Office of the High Commissioner of Human Rights (OHCHR) [official website] on Saturday voiced concerns regarding the growing number of journalists killed in Mexico [UN News Centre report] and called for Mexican authorities to investigate these crimes and bring those responsible to justice. According to the journalism rights group, Reporters without Borders (RSF) [advocacy website], the discovery on September 24 of the body of Maria Elizabeth Macias, editor of Primera Hora, marked the fourth woman journalist to be murdered in Mexico this year as well as the eightieth journalist to be killed [press release] in the country within the last decade. The death of Macias is believed to be the result of her online blogging activity, which covered organized crime in her neighborhood. OHCHR spokersperson Rupert Colville said [press briefing]:
We urge the Mexican authorities to launch immediate full and impartial investigations into these events. We also remind them of their obligation to protect all people in Mexico from the threats to the enjoyment of their fundamental rights, particularly their right to life, to security and integrity of the person, and to freedom of expression.
He noted that the killings illustrate the "deteriorating situation of freedom of expression in the country."

In May, RSF released its annual list of predators of press freedom [JURIST report], which included the heads of state of several countries in the Middle East and North Africa, as well as Mexican drug cartels. The list was composed of 38 world leaders and organizations, including Syrian President Bashar al-Assad [Al Jazeera profile], Libyan leader Muammar Gaddafi [BBC profile, and Yemeni President Ali Abdullah Saleh [official website, in Arabic], whose countries have been engulfed in the recent wave of protests across the region. Other predators of press freedom include Spain's ETA, the government of Iran and the government of China. In April, the US Department of State (DOS) [official website] released its 2010 Country Reports on Human Rights Practices [materials]. The reports cited many of the same leaders and organizations [JURIST report] for violating freedom of the press.




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