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Legal news from Monday, May 28, 2012




Egypt to host run-off election between top 2 presidential candidates
Julia Zebley on May 28, 2012 1:53 PM ET

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[JURIST] The Supreme Presidential Electoral Commission (SPEC) of Egypt announced presidential election [IFES backgrounder] results on Monday and declared that there will be a run-off election between the top two candidates later in June. The run-off will be between Muslim Brotherhood [party website] candidate Mohamed Morsi and former Hosni Mubarak [Al Jazeera profile; JURIST news archive] Prime Minister Ahmed Shafik. The SPEC reported the margin between the two was only 250,000 votes [Ahram Online report]. The next three highest scoring candidates filed appeals with the SPEC to challenge the results, but were rejected [Ahram Online report]. Protests began immediately after the announcement, with opponents of the two remaining candidates alleging that they had fixed the election [Ahram Online report]. The run-off election will be held on June 16 and 17.

Egypt's ruling army in April approved a law [JURIST report] drafted by the Egyptian Parliament [official website] which banned certain candidates from the presidential elections. The law was passed early in April [JURIST report] and prevented anyone who held a rank of party leader or higher during the regime of former president Hosni Mubarak from running for president for 10 years. The law was not passed in time to block the candidacy of Ahmed Shafik, who very briefly served as Mubarak's prime minister and for a short period following his rule. Earlier that month, the Egyptian Constitutional Court [official website, Arabic] announced [JURIST report] that it could not rule on the constitutionality of the law until after it has taken effect.




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Obama nominates new head of US Nuclear Regulatory Commission
Julia Zebley on May 28, 2012 1:25 PM ET

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[JURIST] US President Barack Obama [official website] announced [press release] Thursday that he will nominate Dr. Allison Macfarlane [official profile] as the new head of the Nuclear Regulatory Commission (NRC) [official website]. Macfarlane is known as an advocate for safe nuclear waste removal and is notably opposed to the Yucca Mountain project [EPA backgrounder]. This project intended to build the Yucca Mountain Nuclear Waste Repository deep within the Nevada mountain range as a storage facility for used nuclear reactor fuel and radioactive waste. However, the project was canceled in 2009 and what remained of its budget was slashed in 2011 by the Obama administration. The Yucca Mountain project has been the only prospective plan put forward to contain nuclear waste should the US move toward nuclear power. Although Macfarlane has not been described as anti-nuclear power, it is believed her opposition to the Yucca Mountain project may cause pushback to her confirmation [Reuters report] in the Senate. However, several entities have praised her nomination, including the Union of Concerned Scientists, the Nuclear Energy Institute and Nevada Senator Harry Reid (D) [press releases].

Last July, the US Court of Appeals for the District of Columbia Circuit dismissed a case brought by Washington state, South Carolina and other local governments challenging the Depart of Energy (DOE) failure to proceed with the Yucca Mountain project [JURIST report]. The plaintiffs, responsible for the temporary storage of nuclear waste, challenged both a decision of the DOE to withdraw its application from the NRC for Yucca Mountain and its apparent abandonment of that project. The nuclear repository was not welcomed by Nevada government officials, who had been mounting challenges against the site since Congress approved government plans to construct the facility in 2002. Government officials fear that the repository, which will be located 90 miles northwest of Las Vegas, will negatively effect the city's $28 billion tourism industry. The application for the repository had been pending since 2008 when it was filed by former president George W. Bush. The repository was approved by Congress in 1987 to contain highly toxic waste from nuclear complexes that built atomic bombs during the Cold War.




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Bangladesh war crimes tribunal indicts Islamic party leaders
Jamie Davis on May 28, 2012 10:07 AM ET

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[JURIST] Special war crimes tribunals of the government of Bangladesh on Monday indicted the chief of Bangladesh's largest Islamic party, along with his deputy, for alleged human rights atrocities committed during the 1971 Bangladesh Liberation War [GlobalSecurity backgrounder] against Pakistan. Matiur Rahman Nizami, the chief of the Jamaat-e-Islami (JI) [GlobalSecurity backgrounder] party, was indicted on sixteen counts [WP report], including genocide, by the International Crimes Tribunal in Bangladesh (ICTB) [Facebook page]. His deputy, Abdul Quader Molla, was also indicted by a separate arm of the tribunal for alleged war crimes. During the liberation conflict the JI openly opposed splitting from Pakistan, and many of its members have been accused of committing crimes against humanity in collaboration with the Pakistani army. Nizami's trial is set to begin on July, while Molla's trial is set to start on June 20. Both men face a possible death sentence if convicted.

Nizami and Molla are only the two most recent leaders to be arrested and charged with war crimes for their participation in atrocities committed during the 1971 war. Earlier this month Ghulam Azam, former head of the JI party, was indicted [JURIST report] by the ICTB. The tribunal ordered Azam's arrest [JURIST report] in January. In November the ICTB began its first trial [JURIST report] in the case against Delwar Hossain Sayedee, a former member of Parliament in the National Assembly of Bangladesh [official website, in Bengali] and one of the former leaders of JI. Human Rights Watch [advocacy website] last year sent a letter to the Bangladesh government praising its efforts through the ICTB to prosecute war crimes, but urged the government to ensure that the trials are carried out in accordance with international human rights expectations [JURIST report].




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US appeals court allows suit opposing Ten Commandments monument to proceed
Jamie Davis on May 28, 2012 9:56 AM ET

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[JURIST] The US Court of Appeals for the Eighth Circuit [official website] ruled [opinion, PDF] on Friday that a lawsuit opposing a Ten Commandments monument displayed on property owned by the City of Fargo, North Dakota, may move forward. The nonprofit group Red River Freethinkers [advocacy website] filed suit against Fargo in 2002, claiming that the city violated group members' constitutional rights under the Free Establishment Clause of the First Amendment [text] by displaying the religious monument, which was installed in 1961. The district court dismissed the original suit on the basis that the Freethinkers lacked standing to bring the claim against the city, but the appeals court reversed, finding that the group did have standing. The court determined that there was an injury to the Freethinkers, caused by the city's conduct, and that the injury could be redressed by removing the monument from the property. The appeals court remanded the suit back to federal district court in order to further develop the record. The Freethinkers had attempted to have commissioners approve a sister monument that asserted the US was not in any way founded on Christian principles, but the commission declined to approve that monument.

The separation of church and state has been and remains a controversial issue [JURIST op-ed] in American courts. In January the US Supreme Court declined to review [JURIST report] a case concerning whether a North Carolina county board of commissioners violated the Establishment Clause by opening their public meetings with prayers. In July a federal judge ordered a Florida county courthouse to remove the Ten Commandments monument [JURIST report] displayed [JPG] on its front steps on grounds that the monument's "permanent" nature and religious message violated the Establishment Clause. In April 2010 a federal judge in Wisconsin famously ruled that Congressional legislation [text] from 1952 establishing a National Day of Prayer [advocacy website] was unconstitutional [JURIST report]. There, in receiving a grant of summary judgment, the FFRF successfully argued that, by passing the aforementioned statute, the government had improperly endorsed religion in violation of the Establishment Clause.




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