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Legal news from Monday, October 3, 2011




Supreme Court opens 2011 term
Jaclyn Belczyk on October 3, 2011 3:17 PM ET

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[JURIST] The US Supreme Court [official website] opened its 2011 term Monday with oral arguments [day call, PDF] in two cases. In Reynolds v. United States [transcript, PDF; JURIST report], the court heard arguments on the retroactive application of the Sex Offender Registration and Notification Act (SORNA) [final guidelines, PDF], which requires convicted sex offenders to register. The attorney general determined in 2007 that all states would have to follow the federal rule to keep registration current. Billy Joe Reynolds pleaded guilty for failure to register his new address but attempted to challenge the application of SORNA against him because his sex offender conviction in 2001 predated the attorney general's rule change. The US Court of Appeals for the Third Circuit ruled [opinion, PDF] that this did not give him standing to challenge the rule's application. Reynolds' attorney argued, "[o]ur reading better accords with the text of SORNA and congressional intent, but the government reading is simply not reasonable." Counsel for the federal government argued that the attorney general was acting within the scope of Congress' intent.

In Douglas v. Independent Living Center of Southern California [transcript, PDF; JURIST report], the court heard arguments on whether the Supremacy Clause preempts Medicaid recipients and providers from bringing a suit challenging a California state law that reduces reimbursement rates. Medicaid providers—doctors, hospitals and pharmacies—are angry over a series of cutbacks by the California legislature reducing reimbursement payments in an attempt to handle the state's financial crisis. Lawyers for the state argued that the providers have no right to challenge the reimbursement rates and that they do not have any right to a particular rate of reimbursement. The case is consolidated with Douglas v. Santa Rosa Memorial Hospital and Douglas v. California Pharmacists Association.




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Bahrain military court sentences protesters, students
Alexandra Malatesta on October 3, 2011 10:41 AM ET

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[JURIST] A Bahrain [JURIST news archive] civilian-military court on Monday sentenced numerous protesters to lengthy prison terms, including 14 people who were sentenced to life (or 25 years) in prison for their involvement in the death of a Pakistani man that was "committed with a terrorist aim." The National Safety Court of Appeal, a court composed of military prosecutors and civilian and military judges, also issued sentences [Reuters report] that include 15 people sentenced to 15 years for the attempted murder of military personnel, as well as acts of protest and vandalism, and six university students sentenced to 15 years for the intent to murder several people at a university after holding them hostage. The Bahrain courts have been criticized for their severity [BBC report], especially in light of the five 15-year prison terms issued to doctors and nurses convicted of rendering aid to protesters. Bahraini doctors and nurses on Saturday urged the UN to investigate claims of abuse and due process violations [JURIST report] in relation to their recent convictions. Last week, the National Safety Court of Appeal 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.

Bahraini King Hamad bin Isa Al Khalifa [official profile] announced in August that he will dismiss charges against some of the protesters [JURIST report] detained for their participation in pro-democracy demonstrations in the country. 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. The National Safety Courts were instituted in mid-March under Khalifa's three-month state of emergency [JURIST report] and have been internationally criticized, most recently [JURIST report] by Human Rights Watch (HRW) [advocacy website]. The court sentenced nine citizens [JURIST report] to 20 years in prison for kidnapping a police officer in May. In April, the court handed the death sentence to four protesters, a rarity in Bahrain, and upheld the sentences [JURIST reports] for two of the men who were accused of murdering police officers. All of the charges levied in the National Safety Court have been disputed by Bahraini citizens and international rights organizations.




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HRW calls for resignation of judges in Cambodia genocide investigation
Jennie Ryan on October 3, 2011 10:40 AM ET

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[JURIST] Human Rights Watch (HRW) [advocacy website] on Monday demanded the resignation [text] of the two judges responsible for indictments at the Cambodian tribunal on Khmer Rouge [BBC backgrounder; JURIST news archive] war crimes. HRW alleges that the two investigating judges for the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website] have "egregiously violated their legal and judicial duties ... [by failing] to conduct proper and good-faith investigations [in violation of] their responsibilities to act impartially." The rights group said that the two judges, You Bunleng of Cambodia and Siegfried Blunk of Germany, "failed to conduct genuine, impartial, and effective investigations into ECCC cases 003 and 004," and that as a result both of those case will likely be dropped. Both cases deal with allegations of atrocities committed under the Khmer Rouge regime. In April 2011, the judges declared that they had concluded their investigation into Case 003 [materials] and a formal closing order is expected to be issued soon. The judges are also expected to close and dismiss Case 004 [materials]. Should closing orders be issued in either case, the prosecutor can appeal to the pre-trial chamber.

In July, the UN denied reports [JURIST report] it instructed the ECCC to close further investigations into war crimes committed under the Khmer Rouge regime after the controversial closing of Case 003. Doubts about the legitimacy and independence of the ECCC have been raised since the decision to close ECCC Case 3. In June, a coalition of more than 30 rights groups and development organizations in Cambodia issued an open letter [JURIST report] urging the ECCC to embrace a greater degree of transparency. Earlier that week, ECCC judges ordered Co-Prosecutor Andrew Cayley to retract public statements requesting further investigation [JURIST report] into Case 3. Cayley said the information was released pursuant to tribunal rules "to ensure that the public is duly informed about ongoing ECCC proceedings." The judges, however, said Cayley breached the tribunal's confidentiality and ordered the retraction. The only ECCC conviction since its founding in 2006 is of Kaing Guek Eav [ECCC backgrounder; JURIST news archive], better known as "Duch," a former prison chief at the notorious Toul Sleng prison under the Khmer Rouge. In March, he appealed his 35-year sentence for war crimes and crimes against humanity handed down by the ECCC [JURIST reports] last July.




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California governor signs bill prohibiting circumcision bans
Jennie Ryan on October 3, 2011 9:55 AM ET

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[JURIST] California Governor Jerry Brown [official website] on Sunday announced that he has signed into law [press release] a bill that will prevent local governments from banning male circumcision. The legislation, AB 768 [text, PDF], "preclude[s] a city, county, or city and county ordinance, regulation, or administrative action from prohibiting or restricting the practice of male circumcision, or the exercise of a parent's authority to have a child circumcised." It also provides that laws "affecting male circumcision must have uniform application throughout the state." Supporters of outlawing male circumcision have pressed forward elsewhere in the US. MGMBill.org [advocacy website] is devoted to submitting legislation to ban the practice and currently has bills pending in the federal government as well as 46 states.

The law was written in response to a ballot measure proposed in San Francisco, the Male Genital Mutilation bill [text]. The proposed measure would have made male circumcision illegal in San Francisco if the recipient is under the age of 18, with perpetrators penalized by a fine of $1,000 or imprisonment. In July, a judge for the Superior Court of San Francisco [official website] ruled in Jewish Community Relations Council of San Francisco v. Arntz [materials] that the public referendum to ban circumcision could not appear on the ballot [JURIST report]. Male circumcision is a religious practice in both Judaism and Islam, so there was an immediate protest to the initiative. Advocates for ending male circumcision believe it is a painful and archaic procedure that nets no benefits to the circumcised male. They frequently compare the practice to female genital mutilation, which is illegal under Title 18 [text] of the US Code.




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ICC to open Ivory Coast war crimes probe
Alexandra Malatesta on October 3, 2011 9:21 AM ET

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[JURIST] The International Criminal Court [ICC] [official website] on Monday granted the request [decision, PDF] of Chief Prosecutor Luis Moreno-Ocampo [official profile] to open an investigation into war crimes committed on the Ivory Coast during post-election violence [BBC backgrounder; JURIST news archive] since last November. The ICC announced [press release], "[a]fter a preliminary examination, the ICC Prosecutor concluded that there is a reasonable basis to believe that crimes within the jurisdiction of the Court have been committed in Cote d'Ivoire since 28 November 2010." Ocampo has been asked to report any information collected pertaining to the allegations between the years 2002-2010. He alleges that thousands have been killed [ICC press release] and hundreds detained and raped in the months-long struggle between ousted leader Laurent Gbagbo [BBC profile] and rival President Alassane Ouattara [BBC profile] after Gbagbo refused to give up power. This will be Ocampo's seventh inquiry into African conflicts and the first investigation into a state not party to the Rome Statute [official website].

Ocampo officially requested permission [JURIST report] from ICC judges in June to begin the investigation into the Ivory Coast after determining that war crimes and crimes against humanity have been committed. The Ivory Coast announced earlier in that month that it would establish its own commission [JURIST report] to investigate alleged crimes committed as a result of the disputed presidential elections. This investigation may take up to two years [Reuters report]. Also, an official for the UN's International Commission of Inquiry called for an investigation [JURIST report] into Ouattara and his forces' continuing attacks against supporters of Gbagbo. In April, Human Rights Watch [advocacy website] 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 in April, 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.




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