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Legal news from Sunday, June 3, 2012




UN report condemns Canada for complicity in torture of citizens detained abroad
Jaimie Cremeans on June 3, 2012 2:48 PM ET

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[JURIST] The UN Committee Against Torture (UNCAT) [official website] released a report [text, PDF] on Friday finding that Canada was complicit in rights violations against three Canadians who were held prisoner in Syria, and against Omar Khadr, who is currently detained at Guantanamo Bay [JURIST news archive]. All four of the detainees are Arab-Canadians who were detained post-9/11. The committee condemned Canada for refusing to apologize and give compensation to the individuals who were tortured in Syria, and recommended that the country do so immediately. The committee also urged Canada to approve Khadr's request to be transferred from Guantanamo to Canada for the remainder of his sentence to avoid any future mistreatment, and to appropriately compensate him for human rights violations that the Canadian Supreme Court ruled [JURIST report] he actually did suffer.

Khadr sent an application requesting to be transferred [JURIST report] from Guantanamo to Canada in April, but the Canadian government has not yet responded to his request. He pleaded guilty in 2010 to charges including killing a US soldier in 2002 in Afghanistan. Although the Canadian Supreme Court ruled that year that Khadr was tortured during interrogation in violation of Section 7 of the Canadian Charter of Rights and Freedoms [text], the Canadian government decided not to seek repatriation [JURIST report]. The government had been urged [press release] by the Canadian chapter of Amnesty International (AI) [advocacy website] to seek repatriation, but the court ruled it was not required to do so.




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Syria president condemns Houla massacre, denies involvement
Jaimie Cremeans on June 3, 2012 2:02 PM ET

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[JURIST] Syrian President Bashar al-Assad [Al Jazeera profile] announced [SANA press release] on Sunday that his government had nothing to do with last week's Houla massacre and that "not even monsters" would carry out the attacks. Al-Assad made his remarks, his first since the massacre that killed more than 100 civilian men, women and children occurred last week, during a televised speech to parliament [AP report]. His speech comes two days after the UN voted [JURIST report] 41-3 to approve a resolution blaming pro-government groups and members of the government's army for the attacks. Al-Assad denied these allegations and accused foreign extremists and terrorists of being the real masterminds behind the attacks. Opposition leaders such as Adib Shishakly, a member of the Syrian National Council [official website], claimed Assad's speech was full of lies and was simply a response from international political pressure.

Last month, UN human rights experts reported that both the Syrian government and anti-government groups were responsible for killings and other human rights abuses [JURIST report] against even children as young as 10 years old. Human rights advocates have continuously called on Syria to end the violence against civilians. The UN Security Council in April approved implementation of a peace plan [text; JURIST report], which is now unlikely to be successful in the wake of the Houla massacre. In April, Human Rights Watch (HRW) [advocacy website] released a report [JURIST report] alleging that the Syrian government was responsible for killing more than 100 civilians. Also in April, the UN Secretary-General Ban Ki-moon [official website] condemned Syria [JURIST report] for attacks on civilians. The UN Commissioner for Human Rights Navi Pillay in February also demanded a cease-fire [JURIST report] during an emergency Human Rights Council session. Syria's UN ambassador walked out of the session following Pillay's speech, calling the session illegitimate.




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Illinois AG files notice in support of challenge to same-sex marriage ban
Jennie Ryan on June 3, 2012 10:54 AM ET

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[JURIST] Illinois Attorney General Lisa Madigan [official website] on Friday filed notice with the Cook County Circuit Court [official website] stating that her office will present arguments in support of two lawsuits filed in opposition of the state's same-sex marriage ban. Last week 25 gay and lesbian couples filed two lawsuits [JURIST report] against Illinois Governor Pat Quinn [official website] challenging the constitutionality of the state's same-sex marriage [JURIST backgrounder] ban. The couples argue that the Marriage and Dissolution of Marriage Act [750 ILCS 5 materials], barring same-sex couples from legally marrying, violates equal protection and due process guarantees in the state's constitution. Madigan will "present the court with arguments that explain why the challenged statutory provisions do not satisfy the guarantee of equality under the Illinois Constitution." Quinn signed [JURIST report] a bill [SB 1716 materials] that legalized same-sex civil unions [JURIST news archive] last year, but the plaintiffs claim that did not go far enough.

Illinois was the seventh US jurisdiction to legalize same-sex civil unions, but it has not yet joined the nine jurisdictions that have legalized same-sex marriage. In February, three Illinois legislators introduced [AP report] the Religious Freedom and Marriage Fairness Act [HB 5170 materials], which would have provided same-sex marriage rights for same-sex couples, but it is still pending and a vote is not expected before the legislative session ends. In March, Maryland legalized same-sex marriage, joining Washington, New York, Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and the District of Columbia [JURIST reports]. On the other hand, North Carolina voters approved [JURIST report] earlier this month a constitutional amendment [Amendment 1, PDF] to ban same-sex marriage. In February, the Wyoming Senate approved [JURIST report] a bill that would deny recognition of same-sex marriages and civil unions performed in other jurisdictions. New Jersey is still struggling to pass the same-sex marriage bill because Governor Chris Christie conditionally vetoed the bill [JURIST report] and called for a voter referendum to decide the issue, rather than the state legislature.




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Human rights group demands China release imprisoned Tibetans
Jennie Ryan on June 3, 2012 10:32 AM ET

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[JURIST] Amnesty International (AI) [official website] on Sunday demanded [press release] that China immediately release protesters who have been imprisoned since the self-immolation of two Tibetan men in Lhasa late last month. According to Tibetan [BBC backgrounder] activists, China has arrested and detained as many as 600 Tibetan residents and held them at numerous detention centers outside of Lhasa. While AI "cannot independently verify the number or nature of the arrests" they are calling on Chinese authorities "either to charge those being held with a recognizable criminal offence or release them immediately." Since 2009, at least 38 Tibetans have set themselves on fire in protest against Chinese rule over Tibet and called for the return of the exiled Dalai Lama [official website].

China has long imposed rigid restrictions on Tibet. In February, Human Rights Watch (HRW) [advocacy website] demanded [JURIST report] that China release Tibetan prisoners that were captured while traveling and who are now being forced into political re-education camps. In November 2011, the UN formally expressed concern [JURIST report] over China's treatment of Tibet. That June, concern over an influx of missing persons prompted a UN rights body to demand a report on disappearances [JURIST report]. The same month, the US requested China release peaceful protesters [JURIST report] arrested in Tiananmen Square. In July of 2010, HRW published a report alleging China violated international law [JURIST report] in its treatment of Tibetan protesters. Secrecy in China's judicial system [JURIST comment] often raises human rights concerns over prisoners being held there.




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