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Legal news from Wednesday, April 18, 2012




UN agency, migration organization sign agreement to combat human trafficking
Rebecca DiLeonardo on April 18, 2012 1:28 PM ET

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[JURIST] The UN agency charged with combating international crime and an organization promoting fair and efficient migration practicessigned an agreement [UN News Centre report] on Tuesday pledging to work together to reduce human trafficking [JURIST news archive] and migrant smuggling. In the agreement, the UN Office on Drugs and Crime (UNODC) and the International Organization for Migration (IOM) [official websites] agreed to coordinate their efforts and resources and share information in order to prevent crimes. The UNODC estimates that there are at least 2.4 million victims of human trafficking at any given moment. The agreement was signed by the agencies at the Central Asia Border Security Initiative [ministerial declaration, PDF] in Vienna. The agreement reaffirms a cooperative relationship between the two organizations and outlines specific cooperative guidelines.

Human trafficking has become an increasingly scrutinized issue in recent years. Earlier this month, UN Secretary-General Ban Ki-Moon [official profile] implored countries to strengthen collaborative efforts to combat human trafficking [JURIST report]. In November 2011, the UNODC and an agency dealing with aid for refugees signed a joint agreement [JURIST report] to work more closely to combat migrant smuggling and human trafficking. In June 2010, the UNODC issued a memorandum [text, PDF] that human trafficking is becoming a major problem in Europe [JURIST report]. Also that month, the US State Department [official website] released its annual report on human trafficking [JURIST report], concluding that the US has a "serious problem with human trafficking, both for labor and commercial sexual exploitation."




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BP asks federal judge to accept terms of Gulf oil spill settlement
Max Slater on April 18, 2012 12:53 PM ET

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[JURIST] British Petroleum (BP) [corporate website] and a group of plaintiffs' attorneys sought preliminary approval [BP press release] from a federal judge on Wednesday on a settlement agreement between the oil company and individuals and businesses adversely affected by the 2010 Deepwater Horizon oil spill [BBC backgrounder; JURIST news archive]. BP and the plaintiffs hope that Judge Carl Barbier of the US District Court for the Eastern District of Louisiana [official website] will approve the settlement that the parties reached in March [JURIST report]. The settlement calls for BP to pay the plaintiffs approximately $7.8 billion in two separate agreements, one to resolve economic loss claims and another to resolve medical claims. In the press release, BP Chief Executive Bob Dudley said that the settlement was a fair deal that compensated the victims of the Gulf oil spill for their losses:
This settlement demonstrates BP's continued progress in resolving significant issues related to the Deepwater Horizon accident. BP made a commitment to help economic and environmental restoration efforts in the Gulf Coast, and this settlement provides the framework for us to continue delivering on that promise, offering those affected full and fair compensation, without waiting for the outcome of a lengthy trial process.
Barbier is expected to hold a hearing before deciding whether to approve the terms of the settlement.

In February, Barbier postponed the multi-billion dollar trial [JURIST report] over the Deepwater Horizon oil spill, hours before the trial was set to begin, in order to give BP more time to reach an agreement with plaintiffs. Earlier in February, Barbier issued an order that BP will be held liable for a portion of the damages owed by Transocean [JURIST report] as a result of the disaster. Transocean is the company that owned the Deepwater Horizon oil rig that was contracted by BP and subsequently caused the oil spill. BP will be required to indemnify Transocean against damages created by the pollution itself that are awarded throughout the litigation pending against it. BP will not be required to pay an punitive damages or civil fines as a result of these suits. The court did not rule as to whether BP or Transocean would be held strictly liable, negligent or grossly negligent for the equipment failure and subsequent oil spill that created the pollution. The ruling is separate from an August ruling by Barbier permitting punitive damages against BP [JURIST report], but that ruling pertained to claims brought against BP directly.




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Libya military commander sues UK foreign secretary for alleged illegal rendition
Rebecca DiLeonardo on April 18, 2012 12:38 PM ET

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[JURIST] A Libyan military commander filed a lawsuit [press release] on Tuesday against former UK Justice Minister Jack Straw alleging that the minister was instrumental in his illegal rendition to Libya, where he was tortured under the regime of Muammar Gaddafi. Abdel Hakim Belhadj and his wife were transferred to Libya in 2004 as prisoners and were allegedly tortured at the hands of former Gaddafi officials. The lawsuit was launched in response to a recent Sunday Times [media website] report alleging documentation of Straw's involvement in the transfer of prisoners to Libya for torture. Papers served on Straw request access to documents from 2004 to 2010, including the documents referenced in the recent news article. Belhadj's lawyers maintain that his primary purpose is to seek an apology from the responsible parties.

UK officials have struggled with allegations of mistreatment of prisoners in recent years. In January, the chairman of the UK Detainee Inquiry [official website], a panel created to investigate illegal renditions and other allegations of misconduct, announced that his panel will not complete their investigation. UK Prime Minister David Cameron [official website] gave a speech [JURIST report] in September on the situation in Libya [JURIST backgrounder], announcing an investigation into collusion between MI6 [official website], the overseas British Security Service, and the Libyan Security Services regarding the treatment of former Guantanamo Bay [JURIST news archive] detainees. Accusations of M16 sending detainees to knowingly be tortured by Libyan security services prompted Cameron to instruct the Detainee Inquiry to examine the issue. The Detainee inquiry was established [JURIST report] in July 2010, to investigate claims that British government agents were complicit in the torture of terrorism suspects held overseas.




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UN rights chief urges Sudan and South Sudan to stop violence
Saheli Chakrabarty on April 18, 2012 11:59 AM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] called Tuesday for the governments of Sudan and South Sudan [BBC backgrounders] to cease the recent violence [press release] which has led to civilian casualties on both sides. Pillay emphasized that both governments have an obligation under international human rights and humanitarian law to guarantee protection for civilians. Pillay expressed alarm at South Sudan's invasion of the oil-producing region of Heglig, along with reports of an increase of militia in Abyei:
These are very worrying reports and I call on all parties to work to avoid an escalation of armed confrontation, bearing in mind the dire human rights and humanitarian consequences for civilians. After so many decades of internal conflict, the Sudanese and South Sudanese know all too well the tragic consequences of large-scale violence and displacement and their long-lasting impact on the enjoyment of human rights. I urge the political leadership on both sides to fulfill their obligations under international human rights and international humanitarian law by exercising restraint and ensuring the protection of civilians.
Pillay urged a renewed commitment to the 2005 Comprehensive Peace Agreement [text] from both sides and supported the call from Secretary-General Ban Ki-moon [official website] for a presidential summit.

The Republic of South Sudan was recognized as an independent country [JURIST report] in July 2011, making it the world's 193rd nation. In February 2011, Sudanese President Omar al-Bashir [BBC profile; JURIST news archive], who campaigned against secession, issued a formal decree [JURIST report] accepting the result of the referendum. However, tensions between the newly independent country and Sudan remain high. The UN has been closely monitoring the violence and providing humanitarian relief [UN News Centre report] to victims of attacks in South Sudan but has called on the government to take control of the situation. In November 2011, Pillay called for an investigation of an aerial bombing of a refugee camp in South Sudan [JURIST report] by an Antonov plane often used by northern Sudan. In June 2011, a UN official denounced continued human rights abuses [JURIST report] against civilians in the region. The UN Under-Secretary-General for Humanitarian Affairs [official website] and Emergency Relief Coordinator Valerie Amos [official profile] said that the UN knows of more than 70,000 people who have been displaced by the conflict, many of whom are subject to violence and targeting due to their ethnic heritage.




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Rwanda high court rules opposition leader's trial will continue despite her refusal to attend
Dan Taglioli on April 18, 2012 11:32 AM ET

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[JURIST] The Rwandan high court ruled Wednesday that the case against opposition leader Victoire Ingabire Umuhoza [campaign website; JURIST news archive] will continue despite her announcement this week that she refuses to attend further proceedings. The court's ruling [AP report] paves the way for the prosecution to begin its case on Monday in Ingabire's absence. She faces charges [BBC report] of threatening state security, propagating ethnic hatred and "genocide revisionism" based on accusations of her denying the 1994 Rwandan genocide [HRW backgrounder; JURIST news archive]. Ingabire is also accused of transferring money to the mainly ethnic Hutu FDLR rebels, based in neighboring Democratic Republic of Congo. Her British defense lawyer has stated that Ingabire's boycott is due to the court's cutting off the defense testimony of a rebel colonel, who was interrupted while accusing the Rwandan intelligence services of offering money to rebels to make false claims against Ingabire. Ingabire accused the judge of bias, maintains her charges are politically motivated and has stated she will abstain from attending the rest of her trial, including any hearings.

Ingabire has been subject to multiple arrests since returning to Rwanda in January 2010 after being exiled for 16 years. In October of that year Ingabire was arrested [JURIST report] on charges of being involved in the formation of a terrorist organization. Ingabire was implicated, authorities say, during investigations [AP report] into the activities of Joseph Ntawangundi, an aid to Ingabire, who was accused of commanding a Hutu militia group operating in neighboring Congo. In April 2010 Ingabire was arrested [JURIST report] for allegedly denying the Rwandan genocide. Authorities cited Ingabire's call for the prosecution [AFP report] of those who killed Hutus during the genocide, in which over 800,000 people, mostly Tutsis, were slain, as evidence of her denial of the genocide. In May 2010, Rwandan authorities arrested [JURIST report] US lawyer and JURIST Forum [website] contributor Peter Erlinder [professional profile; JURIST news archive] on charges of genocide denial while he was in Rwanda to prepare his defense of Ingabire. Erlinder returned to the US [JURIST report] in June 2010 after spending 21 days in a Rwandan prison.




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Muslim cleric Abu Qatada launches appeal with ECHR to stay deportation
Katherine Getty on April 18, 2012 10:27 AM ET

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[JURIST] Muslim Cleric Abu Qatada [BBC profile] lodged and appeal of his deportation from the UK with the European Court of Human Rights (ECHR) [official website] on Tuesday. He cannot be deported to Jordan until his appeal is answered. The deadline for filing the appeal was late Tuesday night, and his counsel filed just under the deadline. The UK government has been trying to deport Qatada [BBC report] since 2005, but he maintains that in Jordan he will face extended confinement, an unfair trial and the possibility of torture. He is wanted in his home country in connection with terrorism plots, but the ECHR blocked an attempt at deportation in January because there was evidence that Jordanian authorities had tortured [JURIST report] one of Qatada's co-defendants. This latest deportation attempt was expected to succeed with him being handed over to the Jordanian authorities at the end of April [BBC report]. Qatada has been described as "Osama bin Laden's right-hand man in Europe," and UK officials believe he should be kept in prison for national security reasons. However, he has never formally been charged with an offense, and has been in and out of custody either in prison or some form of house arrest. In early February he was released on bail [JURIST report] after he made an application for bail following the ECHR block of his deportation.

Qatada was granted political asylum by the UK in 1994. When he was arrested in 2001 under the Prevention of Terrorism Act 1989, police seized a sizable sum of money in various currencies for which no explanation was given. Later in 2001, he went into hiding to avoid being arrested and detained under the then-proposed Anti-Terrorism, Crime and Security Act 2001. He was arrested again in 2002 and held until March 2005 when he was released pursuant to a House of Lords judgment declaring his detention without trial to be unlawful. In February 2009 the ECHR ordered the UK to pay £2,500 in damages [JURIST report] to Qatada after determining that his imprisonment violated the European Convention on Human Rights [official website]. Despite his previous grant of asylum and fears of torture and persecution, UK Law Lords in February 2009 ruled that Qatada could be returned [JURIST report] to Jordan to face terrorism charges. The February decision overruled an April 2008 Court of Appeal decision blocking his deportation [JURIST report].




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Ninth Circuit upholds Arizona voter ID law, strikes down proof of citizenship requirement
Dan Taglioli on April 18, 2012 10:19 AM ET

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[JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Tuesday upheld [opinion, PDF] a portion of an Arizona voter registration law requiring voters to show identification at the polls, while striking down a provision that further required proof of citizenship to register to vote in federal elections. The court held that Arizona's 2004 Proposition 200 [amendment, PDF] was inconsistent with the National Voter Registration Act of 1993 (NVRA) [materials], which was passed with the intent of increasing voter registration and removing barriers to registration imposed by the states. The NVRA requires voters to attest to the validity of the information on their registration form, including their citizenship, but does not require them to provide additional proof of citizenship. Proposition 200 went beyond the federal statute, requiring applicants to show proof of citizenship before registering to vote. Judge Sandra Ikuta delivered the court's en banc opinion, concluding that:
the Constitution's text requires us to safeguard the specific enumerated powers that are bestowed on the federal government. The authority granted to Congress under the Elections Clause to "make or alter" state law regulating procedures for federal elections is one such power. The Framers of the Constitution were clear that the states' authority to regulate federal elections extends only so far as Congress declines to intervene. ... Given the paramount authority delegated to Congress by the Elections Clause, we conclude that the NVRA supersedes Proposition 200's conflicting registration requirement for federal elections.
The court upheld the photo identification requirement on the grounds that a citizen's payment for such documents as required by Proposition 200 is related to the state's legitimate interest in assessing the eligibility and qualifications of voters, and so does not violate the Equal Protection Clause [Cornell LII backgrounder] of the Fourteenth Amendment.

In October 2010 a three-judge panel for the Ninth Circuit delivered a similar ruling [JURIST report] striking down the registration requirement under the NVRA, but the court agreed to rehear the case en banc. There are now 32 US states [NCSL backgrounder] that have passed legislation requiring voters to present some form of ID at the polls, but the issue remains controversial. Last week the US Department of Justice (DOJ) [official website] filed a brief [JURIST report] in the US District Court for the District of Columbia [official site] alleging that the recently passed Texas photo identification law will have a disproportionate impact on the state's Latino voters. In March a Wisconsin judge permanently enjoined [JURIST report] that state's voter ID law. In February the Virginia Senate approved a voter ID law [JURIST report]. Also that month South Carolina Attorney General Alan Wilson filed suit against the 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 ID 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 IDs in order to vote.




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Advocacy groups file information request on missile attack that killed Yemen civilians
Jerry Votava on April 18, 2012 8:34 AM ET

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[JURIST] The American Civil Liberties Union (ACLU) and the Center for Constitutional Rights (CCR) [advocacy websites] issued a request for information [text, PDF] to the US Department of Defense on Tuesday under the under the Freedom of Information Act (FOIA) [text] regarding a December 2009 missile attack in Yemen that is alleged to have killed at least 35 civilians. The request cites a number of sources, including leaked diplomatic cables [JURIST news archive], that directly links the US military to the attacks. The request seeks:
information about the US government's legal basis in domestic, foreign, and international law for the US military strike on the al-Majalah community, information about the US government's decision-making process and factual basis for ordering that strike, and information concerning any investigations or assessments of the strike by or at the behest of the US government.
The request also calls for information regarding diplomatic efforts to cover up the US's role in the strike.

In February, the ACLU filed a lawsuit under FOIA demanding the US government release information about their targeted killing program of US citizens abroad. The lawsuit relates to the death of the US-born radical Muslim cleric Anwar al-Awlaki [BBC profile; JURIST news archive] who was killed in a US drone strike [JURIST report] in Yemen in September 2011. Targeted killings have been a controversial topic [JURIST comment] during the current war on terror.




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Supreme Court hears arguments on application of Fair Sentencing Act
Jerry Votava on April 18, 2012 7:41 AM ET

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[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] Tuesday in Dorsey v. United States [transcript, PDF] on whether minimum sentencing mandates in the Fair Sentencing Act (FSA) [materials; JURIST report] should be applied to crimes committed before the FSA was enacted, but where sentencing occurred after. This case was consolidated with Hill v. United States. The FSA increased the amount of crack cocaine required for the imposition of certain mandatory minimum sentences. Dorsey was arrested in possession of 5.5 grams of crack cocaine and was convicted. During the intervening time, the FSA was passed, which raised the amount of crack cocaine required for a five-year sentence from five to 28 grams. The trial judge entered a sentence consistent with the previous guidelines and was upheld on appeal. The FSA did not include any language to make it apply retroactively, but it not did explicitly deny such retro activity. Doresy's attorney advocated:
The correct date is the [date of enactment], because of the intent of Congress made known through the implication of the language taken in the legal context of the Sentencing Reform Act. When Congress meant to correct their error, I believe they made it perfectly clear that they meant to correct this error as soon as possible. This has been an error that had been discussed for 25 years and was finally trying to be corrected.
A court appointed advocate countered in his argument that Congress' omission of retroactivity implicitly denied it.



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