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Legal news from Tuesday, May 1, 2012




New York City subway bomb plotter found guilty
Jaclyn Belczyk on May 1, 2012 3:51 PM ET

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[JURIST] A jury in the US District Court for the Eastern District of New York [official website] on Tuesday convicted naturalized American citizen Adis Medunjanin for his role in a conspiracy to bomb the New York City subway system in September 2009. Medunjanin, a Bosnian immigrant, was convicted on all nine counts, including conspiring to use weapons of mass destruction, providing material support to al Qaeda and receiving military training from al Qaeda. Prosecutors alleged that he traveled to Pakistan seeking to join the Taliban but was recruited by al Qaeda for a suicide mission in the US. Medunjanin was originally indicted in January 2010 with an amended indictment [JURIST reports] filed that July. Sentencing is scheduled for September 7.

Medunjanin's alleged co-conspirators, Najibullah Zazi and Zarein Ahmedzay [JURIST reports] have both pleaded guilty and are awaiting sentencing. Both men testified against Medunjanin. All three men allegedly traveled together to Pakistan to receive al Qaeda training.




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Libya challenges ICC's right to try Gaddafi's son
Michael Haggerson on May 1, 2012 12:22 PM ET

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[JURIST] The Libyan government on Tuesday formally challenged [application, PDF] the right of the International Criminal Court (ICC) [official website] to try Saif al-Islam Gaddafi [BBC profile; JURIST news archive], the son of former Libyan leader Muammar Gaddafi [BBC obituary; JURIST news archive]. Libya argues that under Article 17 of the Rome Statute [text], the ICC does not have jurisdiction when "[t]he case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution." Since the Libyan national judiciary is actively investigating Saif al-Islam, the ICC does not have jurisdiction. Libya further argues that trying Saif al-Islam is critical for the country's transition to democracy and it is critical for the ICC to respect the Rome Statute's dedication to national sovereignty: "To deny the Libyan people this historic opportunity to eradicate the long-standing culture of impunity would be manifestly inconsistent with the object and purpose of the Rome Statute, which accords primacy to national judicial systems." Libya points out the progress that its judiciary has made and states that the country is committed to conducting a fair trial. The application seeks to declare the case inadmissible before the ICC and squash the request to turn Saif al-Islam over to the ICC.

The issue of which court is going to try Saif al-Islam has been in dispute since he was captured [JURIST report] by Libyan rebel forces in November. Last month ICC chief prosecutor Luis Moreno-Ocampo [official profile] stated that the maximum penalty for Saif al-Islam in the ICC would be life in prison, but if convicted in a national court he could face the death penalty [JURIST report]. Earlier that month Ocampo asked the ICC to report Libya to the UN Security Council [official website] for failing to turn over Saif al-Islam. Libya expressly denied [JURIST report] the ICC's request for such action and stated that Saif al-Islam will face trial within the country. In February 2011, the UN Security Council voted unanimously to refer the matter in Libya to the ICC prosecutor [JURIST report]. The ICC claimed jurisdiction over Saif al-Islam despite its announcement in November that it may allow Libya to conduct the trial [JURIST report]




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Oklahoma Supreme Court strikes down personhood ballot initiative
Brandon Gatto on May 1, 2012 11:56 AM ET

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[JURIST] The Supreme Court of Oklahoma [official website] on Monday ruled [opinion] that granting "personhood" rights to human embryos is unconstitutional, thus derailing a proposed ballot initiative [text, PDF] to amend the state's constitution by defining a fertilized egg as a person. Finding the initiative "void on its face," Oklahoma's highest court unanimously declared that it must follow the US Supreme Court in Planned Parenthood v. Casey [opinion], which has already spoken on "[the] issue of the constitutionality of [an] initiative petition." The initiative's supporters originally tried to gather enough petition signatures to put the personhood issue on Oklahoma's November election ballot, but were stopped by the efforts of the American Civil Liberties Union (ACLU) and the Center for Reproductive Rights [advocacy websites], both of whom filed the lawsuit [text, PDF] on behalf of Oklahoma doctors and residents.

The issues regarding personhood initiatives and their possible ramifications [JURIST comments] have long been controversial. The initiative to redefine "personhood" under the Oklahoma Constitution [text] was originally challenged [JURIST report] in March. If the amendment ever passes, it would effectively outlaw all abortions, many forms of birth control, and various treatments for ectopic pregnancies and miscarriages. In February the Virginia House of Delegates passed a similar "personhood" bill [JURIST report] that defines "life" at the beginning of conception. Last fall, a similar lawsuit challenging the Mississippi personhood ballot initiative was dismissed and eventually rejected [JURIST reports]. In 2007 the Supreme Court of Colorado allowed [JURIST report] an anti-abortion group's personhood ballot initiative that similarly defined a fertilized egg as a "person."




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Bahrain must free protesters immediately: HRW
Michael Haggerson on May 1, 2012 11:03 AM ET

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[JURIST] Human Rights Watch (HRW) [advocacy website] on Monday urged Bahrain to immediately release [press release] the leaders of last year's anti-government protests, including Abdulhadi Al-Khawaja [BBC profile; JURIST news archive]. HRW states that the 14 individuals have been jailed for more than a year with no evidence of any wrongdoing produced against them. The 14 protesters were convicted in military court and were sentenced to between two years and life in prison. HRW describes the trial as "mind-boggling" and states that it violated international fair trial standards because the convictions were based on apparently coerced confessions and the individuals were merely engaged in peaceful protest. The Bahrain Independent Commission of Inquiry (BICI) [JURIST report], appointed by Bahraini King Hamad bin Isa Al Khalifa [official profile], concluded that detained protesters were subject to physical torture, both as a punishment and as a means to coerce confessions. The report further concludes military court verdicts should be reviewed by civilian courts and anyone convicted for engaging in internationally-protected peaceful protest should be released. HRW has called on Bahrain to comply with the BICI's findings and immediately release Al-Khwaja and his co-defendants.

A Bahrain appeals court ruled Monday that al-Khawaja and the other protesters would be retried in civilian court [JURIST report]. HRW reported on Sunday that Bahrain's police officers regularly abuse minor detainees [JURIST report] before transporting them to police stations. Several other human rights organizations have also been critical of Bahrain. In April Amnesty International (AI) issued its own report [JURIST report] alleging human rights violations continue in Bahrain despite reforms. Also in April, four independent UN human rights experts called for al-Khawaja's immediate release [JURIST report]. Special Rapporteur on human rights defenders Margaret Sekaggya [official website] expressed concern that Al-Khawaja's trial and sentence are linked to his legitimate work to promote human rights. Last year, a Bahrain court sentenced four protesters to death [JURIST report] for their roles in the killing of two police officers committed during mass anti-government protests. Three others were sentenced to life in prison.




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Mexico approves law to aid victims of ongoing violence
Brandon Gatto on May 1, 2012 10:56 AM ET

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[JURIST] The Mexican Chamber of Deputies [official website, in Spanish] on Monday approved a bill that will recognize, protect and provide aid to victims of crimes stemming from the gang-related drug wars that have engulfed the country for nearly the last six years. Known as the General Victims Act [CNN Mexico backgrounder, in Spanish], the law was passed [AFP report] by Mexico's lower house of Congress as a means to compensate those persons adversely affected by fighting between gangs and security forces. The law will provide financial, legal and medical aid to those in need, and victims of criminal violence will be eligible for relief of up to 950,000 pesos (USD $73,000). The bill was passed [CNN Mexico report, in Spanish] by the Senate of Mexico [official website, in Spanish] last week in response to longstanding demand, as more than 47,500 people have died in Mexico over the last five-and-a-half years due to drug-related violence and thousands more have gone missing.

The effect of Mexico's drug wars on uninvolved citizens has received widespread attention from various human rights groups. In March, the UN Working Group on Enforced or Involuntary Disappearances [official website] found [JURIST report] a "chronic pattern of impunity demonstrated by the absence of effective investigations in cases of enforced disappearances" in Mexico, but also expressed appreciation for the Mexican government's openness to making positive constitutional changes to advance human rights. Last November, Mexican activists filed a complaint in the International Criminal Court (ICC) [official website] to investigate the alleged human rights violations [JURIST report] by the Mexican army and police resulting from the attack on drug cartels initiated by President Felipe Calderon [official website, in Spanish]. The activists also contended that drug lords have been likewise responsible for crimes against humanity since 2006. In response, the government stated that the ICC is the wrong means to "fight crime and impunity," and that the activists should first proceed with their claim through the national criminal justice system.




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Pennsylvania voter ID law challenged
Jaclyn Belczyk on May 1, 2012 9:34 AM ET

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[JURIST] A coalition of civil rights groups filed a lawsuit [petition for review, PDF] Tuesday challenging Pennsylvania's new voter ID law [HB 934 materials]. The American Civil Liberties Union of Pennsylvania, the Public Interest Law Center of Philadelphia and the Advancement Project [advocacy websites] filed suit along with the Washington, DC law firm of Arnold & Porter LLP [firm website] in Pennsylvania state court on behalf of voters who lack valid photo ID. According to the lawsuit:
The right affected by the Photo ID Law is fundamental. The Pennsylvania Supreme Court has recognized that "[n]o right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live. Other rights, even the most basic, are illusory if the right to vote is undermined." ... Unless the Court acts to block the enforcement of the new photo ID requirement, many of Pennsylvania's good citizens will have this most precious right unduly burdened and, in many cases, effectively denied.
The plaintiffs claim that obtaining a photo ID is impossible for many of them. The law is set to go into effect before the November elections.

Pennsylvania Governor Tom Corbett [official website] signed the bill into law [JURIST report] in March, making Pennsylvania one of 32 US states [NCSL backgrounder] that require voters to present some form of ID at the polls. Last week a Wisconsin appeals court refused to rule on an injunction [JURIST report] currently blocking that state's voter ID law. In February 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 ID at voting booth.




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