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Legal news from Friday, February 3, 2012 |
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EU asks Google to delay new privacy policy
Jaimie Cremeans on February 3, 2012 2:56 PM ET

[JURIST] The European Union's data protection authorities wrote a letter [text, PDF] to Google Thursday asking it to delay implementation of its new privacy policy, which is supposed to take effect March 1. The EU is concerned the privacy policy, which will combine various policies of more than 60 of its products into one, may be in violation of EU laws. Google released details of its new privacy policy [corporate website] last week, saying it will make it easier to share user information between different products, as well as enhancing search engine capabilities. Google also claims the policy will be simpler and easier for users to read and understand. Although the EU has not pinpointed which areas of the policy it is concerned with, it would like a chance to investigate the terms before they take effect. Google responded to the letter in statements Friday, stating that it had already briefed data protection agencies on the new policy and giving no indication that it plans to delay implementation.
Google responded Wednesday to concerns [JURIST report] of US Congressmen about the new policy as well. It responded to 11 questions posed in a letter sent by the Congressmen [JURIST report] last week. Some topics of concern addressed by Google included assurance that no new types of data will be collected, reasons supporting data-sharing between Google products and an explanation of how data can be deleted by users once their accounts are closed. It also assured that it will comply with conditions of its 2011 settlement with the FTC [JURIST report], in which Google was charged with breach of consumer privacy rights and misleading consumers during the launch of Google Buzz, a social networking site.


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Rwanda court charges genocide suspect
Jaimie Cremeans on February 3, 2012 1:33 PM ET

[JURIST] War crimes suspect Leon Mugesera was charged with genocide planning, incitement and distribution of arms Thursday in a Kigali court in Rwanda. He was deported from Canada to Rwanda [JURIST report] nine days ago, following a 16-year battle in the Canadian court system in which Mugesera attempted to stay in Canada. The Quebec Superior Court ruled last month [judgment, in French] that it did not have jurisdiction over the case. Mugesera is facing charges relating to a speech he made [BBC report] when he was a member of the ruling Hutu party in Rwanda in 1992. His speech, in which he equated Tutsis to cockroaches who needed to be exterminated, allegedly led to the 1994 Rwandan Genocide [JURIST news archive], in which 800,000 individuals, mainly Tutsis, were killed. Mugesera asked the Rwandan judge at his appearance Thursday for a month or two to search for a lawyer and was granted a stay until April 2.
The Quebec Superior Court's decision to deport Mugesera was delayed one last time in January. In a final attempt to stay in Canada, he appealed to the UN Committee Against Torture [official website], asking it to investigate his case and determine whether he would face inhumane torture if he returned to Rwanda. While Mugesera asked the court to hold off ruling [Global Post report] until the committee could complete an investigation, the court ruled the following Monday to deport him. In 2005, a Canadian justice said Mugesera should not be deported unless Rwanda gave a binding promise not to pursue the death penalty [JURIST report] against him after the Canadian Supreme Court had ruled unanimously [JURIST report] that he be deported. Mugesera has been fighting deportation in Canadian court since 1995, when the Canadian government charged him with omitting material documents from his asylum application.


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France court rules Google Maps practicing unfair competition
Matthew Pomy on February 3, 2012 1:04 PM ET

[JURIST] The French Commercial Tribunal [official website, in French] in Paris ruled Tuesday that Google Maps [corporate website] is anti-competitive because it is offered as a free service. The plaintiff, Bottin Cartographers [corporate website], alleged that Google provides its maps service for free, thereby undercutting competitors, in order to gain market control. The court ordered that Google must pay £415,000 to the plaintiff [Guardian report], as well as a €15,000 fine, totaling about $680,000. This is the first conviction against Google's maps service. The attorney for Bottin Cartographers said the decision "recognized the unfair and abusive character of the methods used and allocated Bottin Cartographes all it claimed." Google plans to appeal the ruling.
Many of Google's services have been called into question recently. Earlier this month, Google defended its new privacy policies to US lawmakers after 8 congressmen questioned the new policies [JURIST reports]. In August the Department of Justice (DOJ) [official website] announced that the agency had reached a $500 million settlement [JURIST report] with Google for unlawfully permitting Canadian pharmaceutical companies to advertise to and target US consumers. In July a federal judge extended settlement negotiations [JURIST report] over a 2005 copyright suit filed against Google over its Google Books [corporate website] book scanning project. Also in July another federal judge ruled that Google could appeal a decision permitting a wiretapping lawsuit [JURIST report] over Google's Street View [corporate website] service. Google was accused of violating user privacy by using WiFi networks to collect data for the service, a charge that came as a result of a multistate investigation [JURIST report] that began in June of 2010. There have been international rulings on the Street View service as well. A Swiss court ruled the service constituted a violation of privacy, while a German court ruled it did not [JURIST reports].


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Massachusetts court rules child custody laws apply to same-sex parents
Katherine Getty on February 3, 2012 12:43 PM ET

[JURIST] The Massachusetts Appeals Court [official website] held Thursday that same-sex [JURIST news archive] couples who marry and have a baby via artificial insemination are bound by the same child custody laws [opinion] as heterosexual couples. The decision came after an appeal by Della Corte, who tried to have the parental rights of her ex-wife, Angelica Rameriez, revoked in divorce proceedings since she could never be a "husband," as defined by the Massachusetts law. The court found that even though Rameriez had no biological connection with the child and that the child was conceived before the marriage, she should still be considered a legal parent. Since the child was born after the marriage, both women should be considered legal parents. The appeals court relied heavily on a 2003 Supreme Judicial Court ruling that eliminated gender descriptions.In [2003], the Supreme Judicial Court specifically noted that without the right to civil marriage, same sex couples were required to "undergo the sometimes lengthy and intrusive process of second-parent adoption to establish their joint parentage." As a result, it follows that when there is a marriage between same-sex couples, the need for that second-parent adoption to, at the very least, confer legal parentage on the nonbiological parent is eliminated when the child is born of the marriage. Corte is reviewing the decision with her lawyer and is contemplating whether to pursue further legal action.
Massachusetts became the first state to allow same-sex marriages in 2004 and has since issued licenses to more than 16,000 same-sex couples. In March 2009, a group of Massachusetts plaintiffs who were or had been married under the state's same-sex marriage law filed a lawsuit [JURIST report] challenging the federal Defense Of Marriage Act [JURIST news archive]. Other jurisdictions have also enacted same-sex marriage laws. Currently, seven US jurisdictions recognize same-sex marriage: New Hampshire, Vermont, Massachusetts, Connecticut, Iowa, Washington and New York [JURIST reports].


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ICJ rules Germany immune from Nazi victim claims
Katherine Getty on February 3, 2012 11:28 AM ET

[JURIST] The International Court of Justice (ICJ) [official website] on Friday ruled [judgment, PDF] that Germany has immunity from claims brought in foreign courts by victims of the Nazi regime. The Court found that a 2008 decision by Italy's Supreme Court [JURIST report] violated Germany's sovereign rights by allowing an Italian national to seek reparations in response to his deportation in 1944. Germany appealed this decision to the ICJ and oral arguments were heard [JURIST report] in September 2011. Germany argued that allowing the ruling to stand would violate state immunity and open the floodgates to new claims. The Italian representatives alleged that the Italian court's ruling was necessary to secure compensation because all other avenues had failed. The ICJ found that this "last resort" notion was not a viable argument, because redress in international law is not based upon the availability of other manners of compensation. The ICJ would not erode state sovereignty for this action: In so far as the argument based on the combined effect of the circumstances is to be understood as meaning that the national court should balance the different factors, assessing the respective weight, on the one hand, of the various circumstances that might justify the exercise of its jurisdiction, and, on the other hand, of the interests attaching to the protection of immunity, such an approach would disregard the very nature of State immunity. This ruling by the ICJ is final and binding, effectively ending thousands of reparations claims against Germany.
In October 2008 the Court of Cassation awarded the damages [Corriere della Sera report, in Italian] in a case against Max Josef Milde, a German sergeant present at the Civitella attack, who was sentenced in absentia to life in prison. Under Italian law, crime victims may seek civil damages as part of a criminal proceeding. Germany had argued that the 1961 Bonn Treaty, where Germany agreed to pay 40 million marks to Italy for war crimes committed, closed all further financial compensation claims [JURIST report], but the Italian court held the treaty only applied to treatment of the Jews. International agreements that govern situations in which a nation may claim immunity include the European Convention on State Immunity [text], ratified by members of the Council of Europe in 1972, and the UN Convention on Jurisdictional Immunities of States and their Property [text, PDF], adopted in 2004. JURIST Guest Columnist Laurie Blank [academic profile] discusses the implications of sovereign immunity [JURIST op-ed] in cases like Germany v. Italy that involve war crimes and other atrocities


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Ex-Khmer Rouge leader sentenced to life
Sung Un Kim on February 3, 2012 11:17 AM ET

[JURIST] The Supreme Court Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website] on Friday sentenced Kaing Guek Eav [Hague Justice profile; ECCC materials], also known as "Duch," to life imprisonment [press release] for crimes against humanity and violation of the 1949 Geneva Conventions [materials]. In a supermajority decision [summary, PDF], the Supreme Court Chamber overturned two decisions of the Trial Chamber. According to the Supreme Court Chamber, the July 2010 decision [JURIST report] imposing 35 years of imprisonment was made in error because it focused on the mitigating factors such as cooperation, regret and apology [JURIST report] rather than the seriousness of the crimes. The court emphasized that Kaing's role as head of Security Center S-21 [Fathom backgrounder] and his crimes during his office. In addition, the Supreme Court Chamber found that remedies granted to Kaing for the illegal detention by Cambodian Military Court were wrong because the Trial Chamber considered only specific crimes against humanity, the Supreme Court entered additional convictions for crimes against humanity including extermination, enslavement and torture.
Kaing is the only former Khmer Rouge leader to have been convicted by the ECCC. Ieng Sary, Ieng Thirith, Khieu Samphan and Nuon Chea were indicted [JURIST report] in September 2010. The ECCC ruled that Ieng Thirith was unfit to stand trial, but the Supreme Court Chamber in December ordered that she remain in detention [JURIST reports] and that the Trial Chamber exhaust all measures so that she can stand trial. The other three went on trial [JURIST report] in November. In October 2010, Cambodian Prime Minister Hun Sen [BBC profile] informed the UN that Cambodia will not allow further prosecutions of low-ranking Khmer Rouge officers [JURIST report].


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HRW: Syria forces torturing children
Sung Un Kim on February 3, 2012 10:11 AM ET

[JURIST] Human Rights Watch (HRW) [advocacy website] said Friday that Syrian army and security officers have been engaged in the torture of children [press release]. The allegations stem from HRW's documentation of cases in which children were reportedly detained, tortured and shot in their homes. There are prior findings that the Syrian government has been involved in torturing and killing civilian protesters. HRW discovered that among those tortured protesters were children as young as 13. Interviews with juvenile victims and adult protesters who saw those children in detention centers confirmed HRW's findings. Children were reportedly arrested in schools, beaten and confined in solitary cells for several weeks without adequate food supply and medical attention:Children have not been spared the horror of Syria's crackdown. Syrian security forces have killed, arrested, and tortured children in their homes, their schools, or on the streets. In many cases, security forces have targeted children just as they have targeted adults. In addition to the violence against children, the Syrian government has confiscated schools and hospitals for the use of military purposes such as detention centers or sniper posts. HRW urged the UN Security Council [official website] to take action and to press the Syrian government to end the inhumane violence against children.
The Syrian government has been under severe criticism for its continued violence and its failure to stop it. Last month, UN Secretary General Ban Ki-Moon [official profile] demanded [JURIST report] Syria's president Bashar al-Assad [BBC backgrounder] end the violence against its own people and strive for establishing democracy. In the same month, Syria released [JURIST report] more than 500 prisoners who were accused of having participated in terrorist activities, according to its agreement with the Arab League [official website, in Arabic]. However, such release was only of the small responsibilities that Syria had to comply with and HRW criticized Syria for failure to meet the majority of these obligations. HRW and the UN High Commissioner for Human Rights Navi Pillay also called for an ICC investigation [JURIST report] concerning shootings of unarmed protesters by military officials and other crimes against humanity [JURIST report].


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