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Legal news from Thursday, March 8, 2012




Pennsylvania senate approves voter ID bill
Jaclyn Belczyk on March 8, 2012 3:48 PM ET

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[JURIST] The Pennsylvania Senate [official website] on Wednesday approved a bill [HB 934 materials] that would require voters to show photo ID at the polls. Supporters of the proposed legislation say that it will combat voter fraud, but opponents fear that it will disenfranchise poor, elderly and minority voters who may find it difficult to obtain a photo ID. The bill was approved by a vote of 26-23 and will now be sent to the House of Representatives [official website], which already approved a tougher version of the bill last year and is expected to pass this version. If approved by the House, the bill would go to Governor Tom Corbett [official website], who has already expressed his support of the measure, and would take effect by the November elections. The American Civil Liberties Union of Pennsylvania [advocacy website] and Democratic senators have already pledged to challenge the measure in court.

If this legislation is approved, Pennsylvania would become the sixteenth state to require photo ID at the polls. There are now 31 US states [NCSL backgrounder] that require voters to present some form of ID at the polls, but the issue remains controversial. Earlier this week a Wisconsin judge temporarily blocked [JURIST report] that state's voter ID law. Last month the Virginia Senate approved a voter ID law [JURIST report]. Also in February South Carolina Attorney General Alan Wilson filed suit against the US Department of Justice (DOJ) over its ruling that barred South Carolina [JURIST reports] from enforcing its voter ID law. In November Mississippi voters approved a ballot measure [JURIST report] to implement a voter ID law. In June Missouri Governor Jay Nixon [official website] vetoed [JURIST report] a law requiring persons to present photo identification at voting booth. Last March the Georgia Supreme Court [official website] upheld [JURIST report] a law requiring voters to present one of six government-issued photo identifications in order to vote. In contrast, a three-judge panel for the US Court of Appeals for the Ninth Circuit [official website] struck down [JURIST report] a portion of Arizona law requiring proof of citizenship for voter registration in October 2010.




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Hungary must change laws before receiving aid: EU
Michael Haggerson on March 8, 2012 3:30 PM ET

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[JURIST] The European Union [official website] said Wednesday that Hungary must change two controversial laws [memo; press release] that went into effect with the country's new constitution on January 1 in order to comply with EU law before aid will be provided to the country. Hungary requested financial aid from the EU and the International Monetary Fund [official website] last year [AP report]. The EU stated that laws which lowered the mandatory retirement age of judges and affected the independence of the country's data protection authority were not in compliance with EU law. The law affecting the retirement age of judges, which is expected to lead to the retirement of 274 judges and public prosecutors, violates EU laws on equal treatment in employment which prohibit age discrimination. The EU stated that a law which prematurely terminated the country's previous data protection supervisory authority and gives the president too much power to dismiss the data protection supervisor was also not in compliance with EU law. The memo further stated that the EU was also concerned independence of the judiciary, because the new constitution gives the president the power to designate a court for a given case and also transfer judges without consent, and the independence of the national central bank, because the government has been issuing press releases criticizing the central bank's policy and the Governor of the national central bank's wage regime potentially allows the government to pressure and influence him. Hungary has until February 17 to respond to the EU's concerns.

Hungary's new constitution was approved [JURIST report] last April and went into effect on January 1. The measure was supported by and passed as a result of the ruling Hungarian Civic Party [official website, in Hungarian; JURIST news archive], which has controlled a two-thirds majority of the National Assembly since 2010. The constitution introduced several changes, including a cap on the country's debt, a reforming the Fiscal Council to give it the right to veto the budget and dissolve parliament for failure to pass an annual budget by the end of March, defining marriage as the union between a man and a woman and stating that the life of a fetus should be protected from conception. Critics of the constitution protested [JURIST report] and argue that the constitution is giving the government too much power over the media, economy and religion in violation of international human rights laws.




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Egypt court acquits police official charged with murdering protesters
Michael Haggerson on March 8, 2012 2:38 PM ET

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[JURIST] The North Cairo Criminal Court on Thursday acquitted a police officer, Mohamed Abdel Moneim, charged with killing 20 protesters and injuring another 15 protesters. Moneim's defense lawyers argued that he was just attempting to protect himself and the police station. He had no intent to kill the protesters, and, due to the chaos of the situation, it was impossible to know truly who shot who. Moneim initially fled [Al Arabiya report] and was convicted and sentenced to death, but then turned himself in and was retried. The court also ordered the procedures of a second trial, in which Moneim was sentenced to life in prison for the alleged attempted murder of two other protesters, to be examined. Two other police officers that worked at the same station as Moneim were also acquitted.

Moneim had been the only Egyptian police officer convicted of killing protesters, despite the fact that at least 846 protesters were killed [AP report]. Last March three high ranking police officials were charged with murder and attempted murder [JURIST report] for their roles in a January 28 incident where police firing in Beni Suef resulted in 19 deaths and 300 injuries. Egypt was heavily criticized for the way it treated protesters during the Egyptian revolution. Amnesty International (AI) [advocacy website] and Human Rights Watch [advocacy website] released reports that protesters had been tortured and improperly detained [JURIST reports]. AI has also criticized the Supreme Council of the Armed Forces (SCAF) [NYT backgrounder], stating that human rights violations against protesters committed by the SCAF may be equal to those committed under former president Hosni Mubarak [JURIST news archive].




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ICTY prosecutors demand 28-year sentence for Seselj
Jaclyn Belczyk on March 8, 2012 10:34 AM ET

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[JURIST] Prosecutors at the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] on Wednesday demanded a 28-year prison sentence for former Serb nationalist politician and war crimes suspect Vojislav Seselj [official website, in Serbian; JURIST news archive]. Delivering closing arguments, Prosecutor Mathias Marcussen claimed that Seselj was responsible for tens of thousands of rapes, murders and unlawful detentions during the Balkan conflict. Seselj, who has maintained his innocence, did not call any witnesses or present a defense during his trial, claiming the prosecution is politically motivated. He has three days to deliver closing arguments next week.

In January the ICTY announced that Seselj is suing them for USD $2.6 million in damages due to alleged unreasonable delays [JURIST report] in his trial. His war crimes trial began [JURIST report] in 2007 after he was charged [indictment, PDF] with three counts of crimes against humanity and six counts of war crimes and accused of establishing rogue paramilitary units affiliated with the ultra-nationalist Serbian Radical Party (SRS), which are believed to have massacred and otherwise persecuted Croats and other non-Serbs during the Balkan conflict. His trial was briefly suspended [JURIST report] in 2009 because of concerns witnesses were being intimidated. The trial resumed in 2010 after the delay, and was again ordered to continue in 2011 after Seselj sought to have the charges dismissed [case sheet, PDF]. The trial recently resumed in January, after Seslj's third contempt conviction [JURIST report].




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UN members urged to end sexual orientation-based discrimination
Saheli Chakrabarty on March 8, 2012 10:29 AM ET

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[JURIST] The UN Human Rights Council [official website] on Wednesday urged member states to put an end to sexual orientation-based violence [press release] and discrimination. In a video address [video; transcript], UN Secretary-General Ban Ki-moon [official website] acknowledged that sexual orientation and gender identity are sensitive subjects, but said action needs to be taken because lives are at stake. He called the violation of lesbian, gay, bisexual or transgender (LGBT) individuals' rights "a monumental tragedy" and "a violation of international law." Reaching out to LGBT individuals the Secretary-General said:
To those who are lesbian, gay, bisexual or transgender, let me say: You are not alone. Your struggle for an end to violence and discrimination is a shared struggle. Any attack on you is an attack on the universal values the United Nations and I have sworn to defend and uphold. Today, I stand with you, and I call upon all countries and people to stand with you, too. A historic shift is underway.
UN High Commissioner for Human Rights Navi Pillay [official website] recognized [text] that some "may argue that homosexuality and expressions of transgender identity conflict with local culture or traditional values ... or that they run counter to public opinion." Despite this, she encouraged to go forth with the fight against discrimination. Pillay presented her study [report, PDF; JURIST report], the first-ever on the subject, which outlines findings of violence, discriminatory laws and practices based on individuals' sexual orientation and gender identity. Within the UN itself, however, there is opposition to this undertaking. The Organization of Islamic Cooperation [official website] (OIC) addressed the assembly and stated its opposition to the notion of sexual orientation.

Individuals face criminal sanctions due to their sexual orientation in approximately 76 countries, according to the UN. In September 2010 Ban called for countries around the world to abolish laws discriminating against gay and lesbian individuals [JURIST report]. In July 2010 the UN Economic and Social Council [official website] voted 23-13 to accredit the International Gay and Lesbian Human Rights Commission [advocacy website] as a consultative non-governmental organization [JURIST report]. In 2009 US President Barack Obama endorsed a UN declaration [JURIST report] calling for the decriminalization of homosexuality, reversing the decision of his predecessor. By doing so, the US joined 66 other nations in supporting the document that divided the UN General Assembly. Nearly 60 nations signed an opposing statement, including China, Russia, members of the Islamic Conference and the Vatican.




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Virginia governor signs bill requiring ultrasound before abortion
Jaclyn Belczyk on March 8, 2012 9:26 AM ET

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[JURIST] Virginia Govenor Bob McDonnell [official website] on Wednesday signed legislation [HB 462] that will require women to have an ultrasound before undergoing an abortion [JURIST news archive]. The bill was approved by the House of Delegates and the Senate [JURIST reports], and is a scaled-back version of a similar bill [SB 484] that was considered last month. The current version of the bill removes the requirement for a transvaginal ultrasound to be performed, but continues to require a traditional transabdominal ultrasound. Upon signing, McDonnell said [statement:
Women have a right to know all the available medical and legal information surrounding the abortion decision before giving legally effective informed consent. Informed consent is already required prior to an abortion being performed in Virginia, based on the longstanding health care concept that complete information about a medical procedure must be given to a patient before she can freely consent to a procedure. As difficult as an abortion decision is, the information provided by ultrasounds, along with other information given by the doctor pursuant to current law and prevailing medical practice, can help the mother make a fully informed decision.
The legislation is set to take effect July 1.

With the passage of this legislation, Virginia becomes the eighth state to require an ultrasound before an abortion, and similar rules have drawn various results when challenged in the court system. In January the US Court of Appeals for the Fifth Circuit [official website] lifted an injunction [JURIST report] on a similar Texas law [JURIST report], allowing the law to be enforced. In October a judge for the US District Court for the Middle District of North Carolina [official website] issued a preliminary injunction [JURIST report], blocking part of the state's abortion law that required a physician to perform an ultrasound and describe the images to the patient. In March 2010 the Supreme Court of Oklahoma [official website] ruled [JURIST report] that a state law [SB 1878, DOC] imposing broad restrictions on abortion, including the requirement of an ultrasound prior to the procedure, violated that state's constitution.




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