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Legal news from Wednesday, May 16, 2012




AI: Sudan government must stop harassment of journalists
Rebecca DiLeonardo on May 16, 2012 3:20 PM ET

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[JURIST] Amnesty International (AI) [advocacy website] urged [press release] the Sudanese government on Tuesday to stop its alleged press censorship. AI reports that Sudanese authorities have on several occasions seized newspapers from the printing press. Additionally, a prominent columnist, Faisal Saleh, was arrested and remains in custody after publishing a report on an alleged rape by a Sudanese security agent. In a statement, AI's Sudan researcher Jean-Baptiste Gallopin condemned the government's actions:
The Sudanese government is continuing its relentless harassment of journalists and editors who dare to do their job. The authorities are deploying a wide array of coercive measures against individuals and media organizations to discourage or prevent independent reporting and critical comment. The [arrest] of Faisal Saleh is a smack in the face for free speech and the Sudanese authorities must ... [end] these constant attempts to silence any form of dissent.
In addition to alleged direct censorship, AI has called on Sudanese authorities to cease all intimidation tactics designed to influence the press.

Press freedom continues to be a crucial human rights issue around the world. In March, UN Special Rapporteur Margaret Sekaggya [official website] outlined the risks and challenges faced by human rights journalists and media workers [JURIST report], and called for additional protection of those workers. Her report [text] indicated that, "journalists and media workers active on human rights issues were subject to killings, attacks, disappearance, abduction, torture and ill-treatment." In February, The Committee to Protect Journalists (CPJ) [advocacy website] released its annual Attacks on the Press report [text], expressing concern about increased censorship of journalists worldwide [JURIST report] in 2011, particularly in the Middle East and North Africa. Last May, journalism rights group Reporters without Borders (RSF) [advocacy website] released [JURIST report] its annual list of predators of press freedom [materials; press release], which included the heads of state of several countries in the Middle East and North Africa. In April 2011, the US Department of State (DOS) [official website] released its 2010 Country Reports on Human Rights Practices [materials]. The reports cited many of the same leaders and organizations [JURIST report] as the RSF for violating freedom of the press. RSF's 2010 report [JURIST report] also listed many of the same offenders.




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Families of bombing victims win lawsuit against Syria, Iran
Rebecca DiLeonardo on May 16, 2012 2:07 PM ET

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[JURIST] A judge for the US District Court for the District of Columbia [official website] on Monday awarded [opinion, PDF] victims' families over $300 million dollars in damages from the governments of Syria and Iran for their roles in an April 2006 terrorist attack in Israel. The lawsuit was filed by the Shurat HaDin Israel Law Center [advocacy website] on behalf of plaintiffs who were injured or lost family members in a suicide bombing attack at the Rosh Ha'ir restaurant in Tel Aviv, Israel. The plaintiffs alleged that the governments of Syria and Iran offered crucial aid to the Palestine Islamic Jihad (PIJ), the terrorist group that carried out the attack. In its decision, the court found that the defendants' connection with the PIJ was significant:
The evidence shows that defendants completely lacked any semblance of remorse for this deadly attack and in fact, encouraged and supported this and similar attacks. When a state chooses to use terror as a policy tool—as Iran and Syria continue to do—that state forfeits its sovereign immunity and deserves unadorned condemnation.
Defendants previously attempted to have the case dismissed for sovereign immunity, but their motion was denied. In a press release [text] the Shurat HaDin Israel Law Center noted that this was the group's first successful suit against Syria.

Iran has faced similar lawsuits in the past. In May 2011, a judge for the US District Court for the District of Columbia granted $300 million in punitive damages [JURIST report] in each of two cases against Iran for deaths resulting from suicide bombings by Iranian-backed terrorist groups. In February 2010, 85 victims of rocket attacks in Israel filed a lawsuit [JURIST report] in DC District Court seeking damages from Iran and Iran's central bank for injuries suffered in the 2006 Second Lebanon War. In 2009, the US Supreme Court [official website] ruled [JURIST report] in Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Elahi [Cornell LII backgrounder; JURIST report] that the brother of dissident Cyrus Elahi, assassinated in Paris in 1990, cannot collect on a default judgment he holds against Iran by attaching a $2.8 million judgment obtained by the Iranian Ministry of Defense against California-based Cubic Defense Systems [corporate website]. Dariush Elahi was awarded $11.7 million in compensatory and $300 million in punitive damages after Iran refused to respond to his 2000 lawsuit brought in a Washington federal court, alleging that the Iranian government was responsible for his brother's death.




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Mali facing human rights crisis: Amnesty
Jaclyn Belczyk on May 16, 2012 12:01 PM ET

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[JURIST] Mali is facing its worst human rights crisis [press release] since it gained independence in 1960, Amnesty International (AI) [advocacy report] reported Wednesday. In a report [text, PDF], "Mali: Five months of crisis, armed rebellion and military coup," AI claims that hundreds of thousands of citizens have been displaced while dozens have been subjected to arbitrary detention, extrajudicial executions or sexual violence. After a three-week research mission to the country, AI concluded that all parties to the conflict are committing rights violations:
Amnesty International calls upon all parties in this conflict to respect international humanitarian law and, in particular, asks them not to attack civilians, nor people who have laid down their arms or have been taken out of action. The organization calls upon Malian authorities to put an end, without delay, to the harassment of those who campaign peacefully for the return to the rule of law.
AI also called for an end to sexual violence and the use of child soldiers.

Last month Human Rights Watch (HRW) [advocacy website] released a similar report claiming that all sides to the conflict are committing war crimes [JURIST report]. Earlier in April the International Criminal Court (ICC) [official website] said they are monitoring the situation [JURIST report] for potential crimes under the ICC's jurisdiction. They noted that Mali has ratified the Rome Statute [text], which gives the ICC jurisdiction to prosecute war crimes and crimes against humanity that may have occurred since fighting began in January. The turmoil began when Taureg rebels attacked Malian soldiers [Al Jazeera report]. Many in the international community have expressed concern over the situation, including the UN Secretary-General Ban Ki-Moon, UN High Commissioner for Human Rights Navi Pillay and the UN High Commissioner for Refugees (UNHCR) [JURIST reports]. All of this has come after Malian soldiers took control of the government [JURIST report] and suspended the constitution in March.




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Incommunicado detentions persist at Iraq prison earmarked for closure: HRW
Sarah Paulsworth on May 16, 2012 10:08 AM ET

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[JURIST] Mass arrests and incommunicado detentions persist at Camp Honor, a prison in Iraq's capital Baghdad that the Iraqi government promised to close [JURIST report] last year, Human Rights Watch (HRW) [advocacy website], reported [text] Tuesday. According to HRW, the Iraqi government is reportedly holding hundreds of detainees incommunicado for months at a time at Camp Honor, as well as two unnamed facilities in the Green Zone. Those being held at these facilities were reportedly rounded up by security troops who encircled neighborhoods and went door-to-door with a list of names of people to detain. Deputy Middle East Director Joe Stork said:
Iraqi security forces are grabbing people outside of the law, without trial or known charges, and hiding them away in incommunicado sites. The Iraqi government should immediately reveal the names and locations of all detainees, promptly free those not charged with crimes, and bring those facing charges before an independent judicial authority.
In March 2011 Iraq's Justice Ministry spokesperson Haidar al-Saad announced that Camp Honor's prison population would be transferred to various other Iraqi prisons, after Amnesty International and HRW [JURIST reports] released reports that exposed rampant human rights violations at this facility, including torture.

Since the beginning of the Iraq War [JURIST backgrounder], Iraq has consistently come under fire for alleged poor conditions and security shortcomings in its prisons. This past March more than 20 Iraqi police officers were arrested and faced interrogation following the escape of 19 detainees [JURIST report] from a temporary prison in Iraq. The group of escapees, who were being held at the al-Tasfirat prison in the city of Kirkuk, included alleged al-Qaeda leaders [Al Jazeera report] and two men who had been sentenced to death. In September 2010, AI reported that the Iraqi government was unlawfully detaining and torturing [JURIST report] thousands of detainees. In June 2010, UN Special Representative to Iraq Ad Melkert urged the Iraqi government [JURIST report] to ratify the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.




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Federal judge denies motion to dismiss e-book conspiracy suit
Sarah Posner on May 16, 2012 9:02 AM ET

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[JURIST] A judge for the US District Court for the Southern District of New York [official website] on Tuesday denied petitions [opinion, PDF; press release] by book publishers and Apple [corporate website] to dismiss a class action lawsuit alleging that companies are illegally conspiring to fix electronic book (e-book) prices. The lawsuit was originally filed [JURIST report] in August. The complaint alleges that Apple and five major book publishing companies, including HarperCollins, Hachette Book Group, Macmillan, Penguin and Simon & Schuster, conspired to increase e-book prices in an effort to compete with e-books and the economically-priced Kindle [product page] sold by Amazon [corporate website]. By denying the companies' motion to dismiss, Judge Denise Cote allowed the class action lawsuit to continue.

Last month the antitrust division of the US Department of Justice (DOJ) [official website] filed a similar complaint [JURIST report] in the US District Court for the Southern District of New York accusing Apple and other major publishers of colluding to illegally fix e-book prices. The DOJ investigation of the defendants' conduct revealed conversations between company executives in which they agreed to proceed under the guise of a joint venture in order to raise prices. The lawsuit claims that the defendants' conduct constitutes violations of the Sherman Act [text], and the DOJ is requesting declaratory and injunctive relief.




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Rights experts urge Mexico to end threats on journalists, rights advocates
Sarah Posner on May 16, 2012 7:48 AM ET

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[JURIST] UN experts and the Inter-American Commission on Human Rights (IACHR) [official website] on Monday urged [press release] an end to the threats and killings of human rights advocates and journalists in Mexico. The UN and IACHR called on the Mexican government to implement the "Law for the Protection of Human Rights Defenders and Journalists" in order to avoid the imminent threats faced by these two groups in Mexico. Both chambers of Congress have already approved this bill in hopes of preventing future killings. The rights experts further contended that implementing this bill will assist the country in fighting crime. A spokesperson for the IACHR said:
safeguarding journalists and human rights defenders is not only compatible with the fight against crime, it is an essential element of this struggle. The Mexican authorities should take immediate measures to protect those journalists and human rights defenders that are being threatened, as well as to make definitive advances in the struggle against impunity for the crimes that have been committed against them.
Right now human rights defenders and journalists face killings, threats, attacks, harassment and stigmatization in Mexican society.

Earlier this month, Director-General of the United Nations Educational, Scientific and Cultural Organization (UNESCO) [official website] Irena Bokova urged [JURIST report] Mexican authorities to do everything in their power to solve the murders of three Mexican journalists discovered in Veracruz. In March, the Mexican Senate unanimously passed [JURIST report] a bill making it a federal crime to attack journalists. Passage of this law came days after UN Special Rapporteur Margaret Sekaggya released a report [JURIST report] of threats faced by human rights journalists and called for extra protection of them.




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