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Legal news from Wednesday, May 9, 2012




Seventh Circuit rules videotaping public police work is not eavesdropping
Jerry Votava on May 9, 2012 6:40 PM ET

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[JURIST] The US Court of Appeals for the Seventh Circuit [official website] ruled [opinion, PDF] Tuesday that the public videotaping of police at work does not constitute a crime under the Illinois eavesdropping statute. The suit was brought by the American Civil Liberties Union of Illinois (ACLU-IL) [advocacy website] to challenge a 1961 Illinois eavesdropping law on First Amendment [Cornell LII backgrounder] free speech grounds. That law contains provisions that would make the act of videotaping law enforcement in public with both video and sound, a class 1 felony with penalties of up to 15 years in prison. The ACLU brought the lawsuit preemptively due to a credible fear of prosecution stemming from their plans to encourage protest observers to videotape law enforcement efforts to contain and arrest protesters. The three judge panel found that "the State's Attorney has staked out an extreme position" by contending that the recording of the police in a public setting was wholly unprotected by the First Amendment. The court noted that unlike federal and many state wiretapping laws, Illinois swept broadly to ban "all audio recording of any oral communication absent consent of the parties." The panel went on to discuss that making a recording was protected in the same manner by which the later dissemination of that recording is protected. Finally, the court held "that the First Amendment provides at least some degree of protection for gathering news and information, particularly news and information about the affairs of government." The court granted a preliminary injunction prevent such prosecution, and the case will now proceed to the lower courts for a final ruling.

The ACLU heralded [press release] the ruling. An ACLU spokesperson noted,"empowering individuals and organizations in this fashion will ensure additional transparency and oversight of police across the State." The ACLU pointed out that new technologies have made recording and disseminating information much easier and noted the importance of the people's ability to gather information about governmental conduct. It was reported that the ACLU brought the suit in preparation for the upcoming NATO summit [AP report] in Chicago. They anticipate protests and sought to protect their own observers as well as other news gatherers.




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ECHR denies Muslim cleric Abu Qatada's appeal to stay deportation
Jerry Votava on May 9, 2012 3:59 PM ET

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[JURIST] The European Court of Human Rights (ECHR) [official website] on Wednesday declined to hear an appeal by Muslim cleric Abu Qatada [BBC profile] against his deportation from the UK to Jordan for terrorism charges. This appeal [JURIST report] was Abu Qatada's final opportunity to block the deportation, and reports indicate the that UK government will shortly begin deportation proceedings [AP report] to remove him to Jordan. 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 [materials]. 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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Rwanda genocide tribunal transfers fourth case to national courts
Jaclyn Belczyk on May 9, 2012 11:49 AM ET

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[JURIST] The Referral Chamber of the International Criminal Tribunal for Rwanda (ICTR) [official website] on Tuesday transferred [decision, PDF; press release] the case of Ladislas Ntaganzwa [case materials] to the Rwandan national court system. Ntaganzwa, a former mayor of Nyakizu commune in Butare, remains at large. He has been charged [indictment, PDF] with conspiracy to commit genocide, genocide, complicity in genocide, direct and public incitement to commit genocide, crimes against humanity and violations of the Geneva Conventions. The chamber expressed "its solemn hope that the Republic of Rwanda, in accepting referrals from this Tribunal, will acutalise in practice the commitments it has made about its good faith, capacity and willingness to enforce the highest standards of international justice in the referred cases."

Ntaganzwa's case is the fourth to be transferred to Rwandan national courts. Last month the court confirmed and proceeded with the transfer [JURIST report] of former Rwandan pastor Jean-Bosco Uwinkindi [case materials], making him the first ICTR genocide suspect to be transferred to a national court. Uwinkindi was charged in 2001 with genocide and crimes against humanity. In December, the ICTR upheld the decision to transfer [JURIST report] the case to a Rwandan court. The ICTR initially ordered the transfer [JURIST report] in June under Rule 11 bis, which authorizes the transfer of cases to appropriate national jurisdictions. Uwinkindi pleaded not guilty [JURIST report] in 2010. The other two transferred cases are against Fulgence Kayishema [case materials; JURIST report], a former police inspector, and Charles Sikubwabo [case materials], former Bourgmestre of Gishyita, Kibuye Prefecture. Both suspects remain at large.




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Armenia opposition group alleges election fraud
Jennie Ryan on May 9, 2012 11:43 AM ET

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[JURIST] Armenian opposition group the Armenian National Congress (ANC) [party website, in Armenian] on Wednesday alleged fraud in the country's recent parliamentary elections. The ANC called for the election results to be thrown out because of widespread fraud, including paying for votes, by the Republican Party of President Serzh Sarksyan [official website]. The ANC won seven seats in parliament while Sarksyan's party won 68 seats. Parliament leader, Aram Manukyan, said that the ANC will appeal the results [Reuters report] of the election to the Constitutional Court of Armenia [official website, in Armenian].

This is not the first time there have been allegations of fraud an Armenian election. Protests following the February 2008 presidential election ended in the deaths of 10 demonstrators. Following the 2008 election demonstrations, the National Assembly of Armenia [official website, in Armenian] voted during an emergency session [JURIST report] to place restrictions on rallies and demonstrations. In March 2008, former Armenian president Robert Kocharian issued a decree lifting media restrictions put in place during a state of emergency [JURIST reports] declared after the contested election. Earlier that month, the Constitutional Court of Armenia rejected a challenge [JURIST report] brought by opposition candidate Levon Ter-Petrosian against the election results, ruling that although polling discrepancies existed they did not affect the election's outcome.




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North Carolina voters approve amendment banning same-sex marriage
Jennie Ryan on May 9, 2012 11:02 AM ET

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[JURIST] Voters in North Carolina on Tuesday passed a constitutional amendment [Amendment 1, PDF] to ban same-sex marriage [JURIST backgrounder]. The amendment reads that "marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State." Sixty-one percent of voters approved [CNN report] the restricted definition of marriage. The amendment also bars any type of same-sex domestic union, including domestic partnerships and civil unions. Opponents of the ban were quick to react. The National Gay and Lesbian Task Force [advocacy website] released a statement [text] saying:
North Carolina has wandered into treacherous terrain with [the amendment]. ... Many North Carolinians, including seniors, single women and children, could be placed in peril because the shrinking definition of family excludes them. Some might even be denied life-saving services like domestic violence protections. This is a brutal step backward for relationship recognition in North Carolina.
Although North Carolina already had a statutory definition of marriage as between a man and a woman, it was the only southern state that did not have a constitutional ban on same-sex marriage. North Carolina is now the thirty-first state to pass such a ban on same-sex marriage.

Same-sex marriage remains a controversial issue throughout the US. The North Carolina Legislature [official website] in September approved [JURIST report] putting the constitutional amendment on a statewide ballot. Earlier that month the US Court of Appeals for the Ninth Circuit [official website] ruled [JURIST report] that Arizona House Bill 2013, a law rescinding health benefits for same-sex couples in the public sector, is in violation of the equal protection clause of the US Constitution. In May 2011, the Minnesota Legislature approved [JURIST report] adding a constitutional amendment to ban same-sex marriage on the November 2012 ballot. In April 2011, the Indiana Senate overwhelmingly approved an amendment to the state constitution that would ban same-sex marriage or any "substantially similar" status, and the Wyoming Senate in February 2011 approved a bill that would void in Wyoming any same-sex marriages and civil unions [JURIST reports] performed in other jurisdictions.




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