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Legal news from Friday, March 16, 2012




Wisconsin judge upholds injunction against state voter ID law
Jaimie Cremeans on March 16, 2012 1:23 PM ET

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[JURIST] A judge for Wisconsin's Dane County Circuit Court on Thursday denied a motion [opinion, PDF] to remove a temporary injunction [JURIST report] against a controversial new law [2011 Wisconsin Act 23, PDF] requiring voters to present photo identification at the polls. Judge David Flanagan said that the state did not produce enough evidence to show that the injunction will cause it irreparable harm. He ruled that it is more likely removal of the injunction will cause irreparable harm to voters:
It is the essence of what has been persuasively shown thus far in this case that a vital interest of the public will be harmed if the injunction is not maintained. The public interest is served by the temporary injunction, not harmed.
The ruling came in a lawsuit brought by the Milwaukee National Association for the Advancement of Colored Persons [advocacy website] challenging the law's constitutionality under the Wisconsin Constitution [text, PDF]. The case is set to go to trial April 16. Wisconsin Attorney General JB Van Hollen said the state has already filed for an appeal [press release] of this ruling. He said they are hoping to have it reviewed before the April 3 spring election and presidential primary.

The Dane County Circuit Court ruled in a separate case Tuesday that Act 23 is unconstitutional [JURIST report] and issued a permanent injunction against it. The state attorney general said that this decision has also been appealed. There have also been two other challenges to the law. One challenge was filed [JURIST report] by the American Civil Liberties Union (ACLU), the ACLU of Wisconsin and the National Law Center on Homelessness & Poverty [advocacy websites] in a federal district court in December, claiming that it deprives citizens of voting rights in violation of the US Constitution. The Advancement Project [advocacy website] also filed a federal suit [JURIST report] in February on the grounds that the law is racially discriminatory.




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Indonesia conviction of peaceful activists draws international criticism
Matthew Pomy on March 16, 2012 1:08 PM ET

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[JURIST] The Jayapura district court in Papua, Indonesia on Friday convicted five men of treason for declaring the province's independence and raising an outlawed separatist flag at a peaceful pro-independence rally in October. The men include the proclaimed president of West Papua, Forkorus Yaboisembut, and four other peaceful protesters, each of whom was convicted of treason [AFP report] under the criminal code. Their October protest was violently put down [Indigenous Peoples report] after the flag was raised, with paramilitary police shooting into the crowd and beating participants with batons and bare fists. Human Rights Watch (HRW) [advocacy website] condemned the convictions [press release] as "politically motivated" and requested the men be immediately released:
If the Indonesian government wants to make an example out of these people, then it should free them as a symbol of its commitment to free expression. ... Instead, the legacy of the Papuan Congress crackdown will be five unjust convictions, while those responsible for the violence go unpunished.
The five convicted men released a letter [text, PDF] when the trial began, rejecting the law under which they were being charged and reaffirming their right to free expression. They each received five-year prison sentences for their actions at the October protest, at which at least three people were killed and more than 90 injured. Eight police officers involved with the shooting of the protesters were let off with a warning.

The convictions come as part of the ongoing tension [BBC backgrounder] between the Indonesian government and the Papuan separatist movement, on which HRW published a report in 2007. In a July 2010 report HRW urged the Indonesian government to release secession activists [JURIST report] and adhere to international standards of free speech. "Prosecuting Political Aspiration: Indonesia's Political Prisoners" criticized the Indonesian government for its treatment of people imprisoned for peaceful political expression related to the Papuan [Economist backgrounder] and Moluccan [GlobalSecurity backgrounder] secession movements. In an unrelated situation, a Papuan tribe initiated a lawsuit [JURIST report] recently in the US Court of Appeals for the Ninth Circuit [official website] against a mining company for alleged genocide.




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UN rights experts concerned over Mexico enforced disapperances
Jerry Votava on March 16, 2012 12:52 PM ET

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[JURIST] The UN Working Group on Enforced or Involuntary Disappearances [official website] expressed concern [press release] on Wednesday over the state of enforced disappearances in Mexico. The Working Group, a panel of five independent human rights experts, found a "chronic pattern of impunity demonstrated by the absence of effective investigations in cases of enforced disappearances." In their report [text, PDF] on the situation of enforced detention in Mexico, the Working Group examined the legal and institutional framework of criminal justice in Mexico and discussed the current security situation and citizen's rights to truth and justice. The Working Group also explored the realities "faced by particularly vulnerable groups, such as migrants, women, human rights defenders and journalists." The report outlined 33 recommendations for areas of improvement including a call for more investigations, stronger sanctions, reparations for victims and increased attention for the protection of vulnerable groups. The Working Group warned that the issue should be addressed because the "victims of enforced disappearances do not trust the justice system or the Public Ministries." The report was not completely negative. The Working Group did express appreciation for the openness of the Mexican government and recent human rights positive constitutional changes made by the same. Additionally, the Working Group acknowledged "the challenges posed by the current complex public security situation in the context of the fight against organized crime."


The International Convention for the Protection of all Persons from Enforced Disappearance [text] was signed [JURIST report] in 2007 by at least 57 countries, but has not been ratified by the required 20 to take effect. Mexico has signed and ratified this treaty, but it has not been endorsed by several countries including the US, England, Spain, Germany and Italy. In 2008 Guatemala started its first [JURIST report] civil war disappearance trial, while the European Court of Human Rights (ECHR) [official website] has recently found Russia responsible [JURIST news archive] for numerous disappearances in Chechnya. The UN has also criticized Sri Lanka [JURIST report] for failure to address its problem of enforced disappearances




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Federal judge dismisses motion to reinstate Saudi Arabia as 9/11 defendant
Sung Un Kim on March 16, 2012 11:15 AM ET

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[JURIST] A judge for the US District Court for the Southern District of New York (SDNY) [official website] on Thursday dismissed a motion to reinstate Saudi Arabia as a defendant in the civil compensation lawsuit by victims and commercial insurers against the perpetrators of the 9/11 terrorist attacks [JURIST backgrounder]. Judge George Daniels found no sufficient basis to grant the plaintiffs' motion [Reuters report], noting that such a motion was already presented to SDNY and rejected in 2005 by Judge Richard Conway Casey, who dismissed Saudi Arabia as a defendant [JURIST report] at that time. For grounds to reopen the case, the plaintiffs cited a November decision [opinion, PDF] of the US Court of Appeals for the Second Circuit [official website] that allowed a similar claim to proceed against Afghanistan, but Daniels stated that decision does not allow the claim against Saudi Arabia to be reinstated because the case was closed years ago [JURIST report] and the recent Second Circuit decision has no bearing. The plaintiffs nevertheless plan to appeal the dismissal. Lawyers for the Kingdom of Saudi Arabia noted the claim has already lost on appeal of the 2005 rejection, and the US Supreme Court at that time reviewed but declined to hear the case. The plaintiffs originally sued over 200 entities and governments–about 100 are still listed as defendants, and active litigation concerns less than 10.

The claim against Saudi Arabia was dismissed [JURIST report] in 2008 by the US Court of Appeals for the Second Circuit because there was insufficient evidence that the Kingdom's princes had actual knowledge that their money was going to be used in the 9/11 attacks. Even after 10 years, cases brought by victims of the 9/11 terrorist attack against other governmental entities did not come to an end. In December, Iran denied the allegations [JURIST report] that it was actively involved in the terrorist attack after a default judgment [text, PDF; findings of facts and conclusions, PDF] in Havlish v. Bin Laden [case materials]. In June Judge Daniels dismissed 49 other terrorism lawsuits [JURIST report] based on lack of evidence.




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Sri Lanka government threatens peace with minority group: rights group
Michael Haggerson on March 16, 2012 10:02 AM ET

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[JURIST] The Sri Lankan government is threatening peace with the minority Tamils in the Northern Province, the International Crisis Group [advocacy website] reported [text, PDF] Friday. The report states that the Sinhala majority is encroaching on Tamil land, and the government maintains an excessive military presence in the province. A 25-year civil war between Sri Lanka and the Liberation Tigers of Tamil Eelam (LTTE) [JURIST news archive], a rebel group fighting for an independent Tamil state, ended in 2009. The report expresses concern the Sri Lankan government's current practices may threaten the possibility of long-term peace and risk inciting violence:
Deepening militarisation of the province presents a threat to long-term peace and stability. Far in excess of any legitimate need to protect against an LTTE revival, the militarisation of the north is generating widespread fear and anger among Tamils: indeed, the strategy being executed runs the risk of inadvertently resurrecting what it seeks to crush once and for all - the possibility of violent Tamil insurrection. The construction of large and permanent military cantonments, the growing involvement of the military in agricultural and commercial activities, the seizure of large amounts of private and state land, and the army's role in determining reconstruction priorities are all serious concerns.
The report concludes that the Tamil population is currently "exhausted" by war, but, if the Sri Lankan government does not begin to include the Tamil population in governance and respect their needs, there may be violence in the future.

Controversy has surrounded both the actions of the Sri Lankan government towards the Tamil population and the LTTE during the civil. Earlier this week Amnesty International [advocacy website] released a report detailing the use of unlawful detentions [JURIST report] by the Sri Lankan government. The report also states that the LTTE commonly used abductions and torture during the civil war as well. The UN Human Rights Council (UNHRC) [official website] is set to vote next week on a resolution backed by the US to hold Sri Lanka accountable for war crimes and demand Sri Lankan authorities "present a comprehensive action plan" [resolution text, PDF] which would detail steps they will take to end war crimes in the nation, including unlawful detentions. Last month thousands of Sri Lankans gathered to protest [JURIST report] the proposed resolution. In December Sri Lanka's Lessons Learnt and Reconciliation Commission [official website] released a report announcing that the Sri Lanka military did not target civilians [JURIST report]. In November a former Sri Lankan army chief was sentenced [JURIST report] to an additional three years in prison for his comment to a local newspaper that the Sri Lankan government ordered the killing of surrendering rebel leaders during the civil war. In April a UN report accused both the Sri Lankan government and rebels of war crimes [JURIST report] during the final stages of the country's civil war with the LTTE.




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Mississippi lawmakers approve controversial immigration bill
Saheli Chakrabarty on March 16, 2012 9:29 AM ET

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[JURIST] The Mississippi House of Representatives voted 70-47 Thursday to approve a controversial immigration reform bill [HB 488 materials]. The "Support Our Law Enforcement and Safe Neighborhoods Act" is based off of Arizona's SB 1070 [text, PDF], which has been the subject of national debate and federal litigation [JURIST news archive]. As originally introduced, the Mississippi legislation would have required public schools to check the status of enrolling students and allowed for police officers to check the status of individuals pulled over in traffic. The version that was approved excludes those provisions but does require police to check the immigration status of anyone arrested and prohibits illegal aliens from entering into business transactions. The bill will now be sent to the Senate for approval, where it is expected to pass. Governor Phil Bryant has already expressed his support for the measure.

The Mississippi law comes on the heels of other controversial immigration reforms proposed in many states following the Arizona law. Similar legislation has passed in Utah, South Carolina and Indiana [JURIST reports]. Last week the US Court of Appeals for the Eleventh Circuit heard arguments [JURIST report] to challenge immigration legislation recently passed in Alabama and Georgia, but the court postponed its ruling until after the Supreme Court decides on the Arizona law. In December the Supreme Court granted certiorari to determine whether Arizona's controversial immigration law is preempted by federal law [JURIST report]. In November the US Department of Justice [official website] urged the Supreme Court not to hear [JURIST report] Arizona's appeal. In what many view as an indication of how the Supreme Court may rule, the court ruled in May in Chamber of Commerce v. Whiting [Cornell LII backgrounder] that Arizona's controversial employment-related immigration law is not preempted by the Immigration Reform and Control Act [JURIST report].




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