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Legal news from Wednesday, May 23, 2012




HRW: China para-police abuse power, overstep authority
Rebecca DiLeonardo on May 23, 2012 3:28 PM ET

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[JURIST] China's chengguan, a para-police organization charged with enforcing non-criminal administrative regulations, is abusing its power, Human Rights Watch [advocacy website] reported [text, PDF; press release] Wednesday. The report indicated that although the chengguan are not authorized to arrest citizens or use excessive force, they frequently do both. In addition, HRW reported citizens have had their property illegally confiscated by the officers and journalists have been subject to violence and illegal arrest for reporting chengguan abuses. HRW called on the Chinese government to take action to end the abuse:
China's leadership should publicly and unambiguously condemn chengguan assaults on and illegal detention of suspected administrative law violators, emphasizing that such malfeasance is illegal and announcing new measures to ensure rigorous investigation and, where appropriate, prosecution of chengguan officers believed responsible for such acts. The leadership should also establish an independent commission which includes representatives of the Public Security Bureau, the Chinese Communist Party’s Political Legal Committee, and academics and lawyers familiar with problems in the regulation and operations of chengguan to assess chengguan performance and suggest further reforms.
The report also suggested that China should consider eliminating and replacing the chengguan.

China's detention policies and police activity have long been criticized. In March China's National People's Congress (NPC) passed a law [JURIST report] allowing police to detain certain suspects for up to six months in secret detention facilities commonly known as "black jails." In January Chinese authorities sentenced prominent rights activist Li Tie [JURIST report] to 10 years in prison for subversion, marking the third such sentence in a month. In July 2010 the Chinese Ministry of Public Security issued an order directing the country's police forces to stop publicly shaming suspects and prisoners after officers in the southern city of Dongguan paraded roped and handcuffed suspected prostitutes down a city street and posted pictures of the event on the internet. Earlier that month, Amnesty International [advocacy website] urged [JURIST report] the Chinese government to launch an independent investigation into law enforcement conduct during the July 2009 Xinjiang riots [JURIST news archive], accusing police of executing arbitrary arrests and employing excessive force.




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Catholic dioceses sue US government over employer insurance requirements
Rebecca DiLeonardo on May 23, 2012 1:57 PM ET

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[JURIST] More than 40 Catholic dioceses and other Catholic institutions around the US filed suits on Monday against the Obama administration, alleging that certain employer insurance requirements issued by the US Department of Health and Human Services (HHS) [official website] violate their right to religious freedom [materials] protected by the first amendment. The mandate in question [HHS press release] was added to the Patient Protection and Affordable Healthcare Act (PPACA) and requires nearly all health insurance plans to cover all FDA-approved drugs, including contraception, sterilization and Plan-B-type drugs, with a narrow exception for some religious institutions. The exception only applies to organizations whose mission is strictly religious in nature and thus will not exempt Catholic schools, hospitals or universities. In a statement, the Archdiocese of Washington, DC, explained the lawsuit:
This lawsuit is about an unprecedented attack by the federal government on one of America's most cherished freedoms: the freedom to practice one's religion without government interference. It is not about whether people have access to certain services; it is about whether the government may force religious institutions and individuals to facilitate and fund services which violate their religious beliefs.
Twelve separate lawsuits have been filed in federal court challenging the HHS mandate. The plaintiffs are seeking an injunction preventing the enforcement of the HSS mandate.

The PPACA is currently being challenged in the US Supreme Court [official website]. In March the Supreme Court heard oral arguments [JURIST report] in United States Department of Health and Human Services v. Florida [materials], the suit challenging the PPACA. In January 26 states submitted a brief [JURIST report] to the Supreme Court challenging the constitutionality of the expansion of Medicaid for the poor and disabled in the PPACA. Also in January the federal government filed a brief [JURIST report] before the US Supreme Court arguing that the minimum coverage provision of the PPACA, which requires almost every US citizen to obtain health insurance by 2014 or face a tax penalty, is constitutional. The court granted certiorari to rule on health care reform law [JURIST report] in three separate cases last November, reserving five-and-half-hours for oral argument on the issue.




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Russia lawmakers approve stiff new penalties for illegal protests
Jaclyn Belczyk on May 23, 2012 11:08 AM ET

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[JURIST] The Russian State Duma [official website, in Russian], the lower house of parliament, gave preliminary approval Tuesday to legislation that would create harsh penalties for participating in illegal protests. The bill, supported by Russian President Vladimir Putin [official website, in Russian], would impose fines [LAT report] up to USD $50,000 for organizers of demonstrations that become violent or exceed the approved number of participants. Critics have called the bill "draconian" and worry that it will stifle freedom of expression. The bill was approved by a vote of 236-207 on the first reading and must still receive final approval next month.

The new legislation comes on the heels of protest rallies preceding Putin's inauguration earlier this month. Russia has previously been criticized for stifling free expression. Earlier this month prominent Russian gay rights activist Nikolai Alekeyev became the first to be convicted under a St. Petersburg city ordinance that prohibits the spreading "homosexual propaganda" to minors. Alekeyev was arrested in April [JURIST report] for picketing in front of city hall with a sign that said "homosexuality is not perversion." People who oppose the new law, which was introduced in November and signed into law [JURIST reports] in March, claim it will prevent gay rights groups from being able to assemble in public. Alekeyev said he plans to appeal the ruling.




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Accused Somali pirates face trial in Paris court for hostage incident
Sarah Posner on May 23, 2012 9:33 AM ET

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[JURIST] Six accused Somali pirates went on trial in a Paris court Tuesday for taking 30 crew members hostage in 2008 on the ship Le Ponant in the Gulf of Aden. The men could face life in prison [AFP report] if convicted of both kidnapping and theft as a result of seizing the luxury ship, which led to the ransom payment and eventually arrest of the six men in Somalia. French officials caught the men through a helicopter raid [BBC report] which stopped the suspected pirates' vehicle. A search of the vehicle led to the finding of USD $200,000 which was suspected to be part of the ransom paid by the ship owner. Only one of the six men admitted to being a pirate, with two others saying they were aboard the ship but only to sell various items to the crew. The remaining three suspects claimed not to have been aboard the ship for the incident. There are currently 22 Somali pirates in French authority for various hostage related incidents.

Somali pirates have attracted much attention lately from the international community. Last month Somali national Mohommad Saaili Shibin was convicted [JURIST report] in a US court of piracy [JURIST news archive] for his role in the hijacking of a German merchant vessel and a US yacht in 2010 and 2011. Shibin, who played the role of negotiator in the hijackings, was convicted on 15 charges, including kidnapping and hostage-taking, which require a sentence of life in prison. According to a statement by US Attorney for the Eastern District of Virginia Neil MacBride, Shibin is the highest-ranking pirate ever to be convicted in the US. In March, the US government handed over 15 suspected Somali pirates [JURIST report] it captured in January to the Republic of Seychelles for prosecution. The suspects are accused of attacking a ship and kidnapping 13 Iranian fisherman, all of whom the US Navy rescued.




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Guatemala judge orders second genocide trial for former dictator
Sarah Posner on May 23, 2012 8:20 AM ET

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[JURIST] A Guatemalan judge ruled Monday that former dictator Efrain Rios Montt will have a second genocide trial for ordering a 1982 massacre which killed 201 people. Judge Carol Patricia Flores found enough evidence [AP report] linking Rios Montt to Las Dos Erres massacre [Reuters] for another genocide trial. The massacre, which took place when about 20 soldiers were ordered to search a village for weapons, was one of the country's deadliest during the 36-year Guatemalan Civil War [GlobalSecurity backgrounder]. Rios Montt's defense lawyer argued that he was not present during the killings and, therefore, cannot be liable [BBC report] for the massacre. The prosecution maintains that the massacre was part of a military operation ordered by Rios Montt. The second genocide charge comes just months after Rios Montt's trial for the killing of 1,700 Indians.

In January, Rios Montt was made to testify [JURIST report] at his genocide trial, according to a statement by judicial officials. Rios Montt was in control of Guatemala from 1982 to 1983 as a result of a coup and is being charged with crimes against humanity and genocide during his rule. He was protected from prosecution until January because he was serving in congress. Rios Montt said he would cooperate with the court. The case involved at least 1,771 deaths and 1,400 human rights violations during the 36-year Guatemalan Civil War with much of the violations occurring during Rios Montt's rule. Kelsey Alford-Jones, Director of Guatemala Human Rights Commission, argued that it is important for the Public Prosecutor's Office and president to follow through with the genocide charges against Rios Montt to strengthen Guatemala's judiciary [JURIST comment] and bring justice to the victims of genocide




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