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Legal news from Wednesday, June 6, 2012




Washington same-sex marriage law postponed by referendum filing
Saheli Chakrabarty on June 6, 2012 8:15 PM ET

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[JURIST] Preserve Marriage Washington [advocacy website] presented over 200,000 referendum signatures on Wednesday seeking to overturn recently signed same-sex marriage legislation. The signatures have prevented Washington's gay marriage law from taking effect on Thursday. Earlier this year Washington Governor Chris Gregoire [official website] announced her plans to permit same-sex marriages to be performed in the state and signed the measure into law [JURIST reports] in February. Over the next week state officials will determine whether the proposed referendum qualifies for a public vote [AP report]. The issue will likely be voted on at the ballots in November.

Gregoire has been a consistent advocate for gay rights [JURIST news archive] during her tenure as governor. In April 2011 she signed a bill [JURIST report] that recognized as legal same-sex marriage licenses from other states. In March 2007 Gregoire signed legislation [JURIST report] that recognized domestic partnership status for same-sex couples. Same-sex marriage remains a contentious issue even after the passage of similar laws in other states. Seven other jurisdictions, including Maryland, New York, Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and the District of Columbia [JURIST reports], allow same-sex marriage. Comprehensive coverage of the legal controversy can be found in the JURIST Same-Sex Marriage Feature.




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US releases annual terrorism report
Rebecca DiLeonardo on June 6, 2012 2:50 PM ET

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[JURIST] The US National Counterterrorism Center (NCTC) [official website] on Wednesday published its 2011 Report on Terrorism [text, PDF] which concluded that the total number of worldwide terrorism attacks has dropped 12 percent from 2010 and 29 percent from 2007. The report is compiled based on data collected through the US Worldwide Incidents Tracking System (WITS), which uses specific guidelines to record and organize information on terrorism [JURIST news archive]. The report also found that Afghanistan experienced the most terrorist attacks and terror-related deaths in 2011. WITS uses the US definition of terrorism which provides that terrorism is "premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents."

Terrorism has become a topic of international concern. Earlier this week, UN Secretary-General Ban Ki-moon urged [JURIST report] countries to increase their efforts to counter the threat of terrorism. At a second meeting of the advisory board of the UN Centre for Counter-Terrorism (UNCCT) in Jeddah, Saudi Arabia, Ban stated that nations have to work together to prevent and counter terrorism's having a detrimental global effect. The UNCCT Strategy was first introduced in 2006 after UN leaders failed to meet their goal of completing it in 2005 [JURIST report].




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Ivory Coast cross-border violence still continues: HRW
Sung Un Kim on June 6, 2012 2:32 PM ET

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[JURIST] Human Rights Watch (HRW) [advocacy website] reported [HRW report] on Wednesday that since July 2011 at least 40 people including women and children have been killed during cross-border attacks on Ivory Coast [BBC backgrounder; JURIST news archive] villages by armed militants in Liberia [BBC backgrounder; JURIST news archive]. The report stated that militants were using children to conduct those attacks on the villages in the Ivory Coast and killing civilians who support President Alassane Ouattara [official website, in French]. The attackers were identified as Liberians and Ivorians who fought for the former President Laurent Gbagbo [BBC profile; JURIST news archive] during 2010 post-election violence [JURIST news archive] in the Ivory Coast and remain violently opposed to Ouattara's government. HRW urged the Liberian government to take measure to ensure that children are not recruited to the armed groups and to ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict [text], which makes it a crime to recruit children under 18 into armed forces. HRW also condemned Liberia's failure to convict those responsible for the post-election violence and letting them find refuge around the borders as well as to investigate into the cross-border attacks.

The continuing prevalent violence in Ivory Coast has been subject to criticism by international human rights groups. In February, HRW expressed concern [JURIST report] over the flawed investigation into the post-election violence and advocated six-month extension of the probe. Another concern was that all 17 members of the investigating commission were chosen by President Ouattara creating possibility of bias in the investigation. During the same month, International Criminal Court (ICC) [official website] Chief Prosecutor Luis Moreno-Ocampo [official profile] was granted permission [JURIST report] to expand his investigation of war crimes in the Ivory Coast to incidents dating back to 2002.




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Brazil company challenges Florida ban on business dealings with Cuba, Syria
Sung Un Kim on June 6, 2012 1:34 PM ET

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[JURIST] A lawsuit [complaint, PDF] filed against the state of Florida on Monday in the US District Court for the Southern District of Florida [official website] alleges that the state's ban on local authorities hiring companies that do business in Cuba or Syria is unconstitutional. Odebrecht Construction, Inc. [corporate website, in Portuguese], a Brazilian conglomerate in engineering, seeks declaratory and injunctive relief to declare the law [SB 1144, PDF] unconstitutional. The bill was signed [transmittal letter, PDF] by Governor Rick Scott [official website] and is expected to take effect on July 1. The company's US subsidiary, a Florida company with its principal place of business in Coral Gables, argued that the Cuba Amendment of the bill penalizes even companies that do not themselves conduct business in Cuba "if those companies have subsidiary corporations, parent corporations or sibling corporations that conduct business operations in Cuba." Although the bill only affects companies that are seeking to bid for state or local contracts for goods or services of $1 million or more, the company has engaged in state and local projects for the state amounting to $3.9 billion and thus claims the law would interfere with its operations in the state. The plaintiff argued that the law violates the Supremacy Clause of the US Constitution because it "frustrates federal statutory objectives regarding economic sanctions against Cuba." Additionally, the company claims that states do not have the authority to enact laws that would affect foreign affairs, the regulation of which is left to the federal government, and also that the state law discriminates against foreign commerce impairing federal uniformity in trade with Cuba. Lastly, the plaintiff pointed out that the savings clause of the bill which states that "th[e] section becomes inoperative on the date that federal law ceases to authorize the states to adopt and enforce the contracting prohibitions of the type provided for in this section" makes it inoperative due to the lack of federal authorization to the state to enact such law. There is no date set for a hearing in the case.

The Cuba-US relationship became a little bit relaxed when US President Barack Obama [official profile] ordered [JURIST report] in January of last year the Departments of State, Treasury and Homeland Security [official websites] to take steps to ease restrictions on travel and remittances to Cuba. The new regulations were expected to allow greater travel from the US to Cuba for religious and educational purposes, the transfer of up to $2000 per year to non-family members in Cuba so long as they are not senior government or Communist Party leaders and all US international airports to service charter flights between the two countries. The regulations were built off of those issued in 2009 [JURIST report] which allowed US telecommunications companies to work within Cuba to facilitate communication between families split between the two countries.




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Muslim rights group files lawsuit challenging NYPD surveillance program
Rebecca DiLeonardo on June 6, 2012 1:28 PM ET

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[JURIST] A Muslim rights group filed a lawsuit [complaint, PDF; press release] in the US District Court for the District of New Jersey [official website] on Wednesday seeking to end the New York Police Department (NYPD) [official website] controversial surveillance program, which allegedly targets individuals based on religious affiliation. The complaint, filed by the Muslim Advocates [advocacy website] alleges that "the NYPD Program is founded upon a false and constitutionally impermissible premise: that Muslim religious identity is a legitimate criterion for selection of law-enforcement surveillance targets." The Muslim Advocates allege that the NYPD has engaged in surveillance of Muslim schools, including kindergarten and elementary schools, as well as entire communities, including the Muslim community in Newark, New Jersey. The lawsuit seeks injunctive relief barring the NYPD from continuing surveillance operations based solely on religion.

The NYPD has come under scrutiny recently for alleged discriminatory surveillance. JURIST guest columnist Samar Warsi in May questioned [JURIST comment] the NYPD policies stating: "It is vital to be cautious when government officials use glittering generalities such as 'national security' and 'counterterrorism' to legitimize acts and policies in clear contravention of basic constitutional guarantees." In May, New Jersey Attorney General Jeffrey Chiesa concluded that the NYPD's surveillance program did not violate the Constitution [AP report]. Chiesa had launched an investigation into the program after a series of AP articles sparked outrage in New Jersey in February. In March, NYPD commissioner Raymond Kelly [official profile] adamantly denied [speech; press release] that the surveillance programs were unconstitutional.




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Bahrain rights activist returned to jail
Rebecca DiLeonardo on June 6, 2012 1:08 PM ET

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[JURIST] Prominent Bahraini rights activist Nabeel Rajab was arrested and returned to prison on Wednesday after posting critical comments about the government on his social media page, according to his lawyer. This is not the first time Rajab has been arrested in connection with comments posted to his Twitter [website] account. Rajab was released on bail last week after spending nearly a month in jail for criticizing the Interior Ministry [JURIST reports]. Rajab is the president of the Bahrain Center for Human Rights (BCHR) [advocacy website], a group that has been critical of the Bahraini regime's response to protests and demonstrations in Bahrain which have been ongoing since February 2011.

Tension between Bahrain's government and protesters has escalated recently. Last week, pro-democracy activist Abdulhadi Al-Khawaja [BBC profile; JURIST news archive] ended his hunger strike [JURIST report] weeks after he and 20 other incarcerated protestors were granted a retrial [JURIST report] by a Bahrain appeals court. Last month, Al-Khawaja's daughter, Zainab Al-Khawaja, was sentenced [JURIST report] to one month in prison for trying to organize an anti-government protest. Earlier in May, Human Rights Watch (HRW) [advocacy website] called for the immediate release [JURIST report] of the leader's of last year's anti-government protests, including Abdulhadi Al-Khawaja. In April, HRW issued a report claiming that Bahraini police were abusing detained protesters [JURIST report]. Earlier in April, Amnesty International [advocacy website] declared that Bahrain's government committed human rights violations [JURIST report] against anti-government protesters.




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Federal judge rejects media request for access to Idaho execution
Sung Un Kim on June 6, 2012 12:56 PM ET

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[JURIST] A judge for the US District Court for the District of Idaho [official website] on Tuesday rejected [opinion, PDF] a petition for full access to executions submitted by the Associated Press [media website] and 16 other newspaper agencies. The Idaho Department of Correction (IDOC) [official website] policy of having witnesses present during execution proceedings allows witnesses to view the execution only after the "inmate has entered the execution chamber, has been restrained, intravenous ("IV") catheters have been placed and medical personnel have left the viewable area of the execution chamber." The plaintiffs in this case sought a preliminary injunction, a permanent injunction and declaratory relief alleging that IDOC's policy violates the First Amendment. They specifically sought a preliminary injunction for the procedure in the execution of Richard Leavitt [AP report], which will take place on June 12. District Judge Edward Lodge reasoned that the plaintiffs have failed to timely file the motion for an expedited preliminary injunction because it was filed only 19 days before the scheduled execution. The judge acknowledged the plaintiffs' legitimate argument but he reasoned that there would be insufficient time to change IDOC's policy and procedures before the June 12 execution. Additionally, the court found that the plaintiffs failed to carry their burden for injunctive relief at this stage of litigation. The plaintiffs plan to appeal the decision to the US Court of Appeals for the Ninth Circuit [official website].

States other than Idaho have received some attention regarding their death penalty procedures. In February, the US Supreme Court [official website] denied [JURIST report] Ohio's request to proceed its execution of Charles Lorraine, a 45-year-old man who was convicted in 1986 of killing an elderly couple, because the state deviates too often from its own lethal injection standards. In November of last year, the Chief Justice of the Ohio Supreme Court, Maureen O'Connor [official profile] opened the first meeting of the state's death panel review committee which was formed [JURIST reports] in September to provide "guidance on the current laws on the subject, the practices in other jurisdictions, the data, the costs, and many other aspects associated with the death penalty."




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Philippines lawmakers approve terrorism funding law
Sung Un Kim on June 6, 2012 12:10 PM ET

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[JURIST] The Philippine Congress on Wednesday approved the Terrorism Financing Prevention and Suppression Act of 2012 [text, PDF] that criminalize the financing of terrorism. The bill penalizes an individual who organizes or directs the commission of the crime of financing terrorism with imprisonment of 40 years and a fine of not less than five hundred thousand pesos (USD $11,570.92) but not more than one million pesos ($23,141.85). The bill is expected to be presented to President Benigno Aquino III [official website] for signature upon which it becomes law. Even those who finance a failed terrorist attack may face the same punishment, but the bill's authority to penalize is limited to those who support terrorist groups that are blacklisted by the Philippine government and the international community. The bill authorizes the country's Anti-Money Laundering Council (AMLC), either on its own or at request of Anti-Terrorism Council (ATC), to investigate properties and funds of suspected persons as well as to enlist the assistance of various governmental entities in order to counter terrorism financing. The Philippines has had problems [PhilStar report] with a terrorist group, Abu Sayyaf [CFR backgrounder], that is reported to be linked with al Qaeda [CFR backgrounder].

Other Philippines anti-terrorism laws have recently come under scrutiny. The constitutionality of the Human Security Act (HSA) [text, PDF] which authorizes the 72-hour detention of suspects without charge and allows for surveillance, wiretapping and seizure of assets was upheld [JURIST report] by the Supreme Court of the Philippines [official website] in October of last year. Two months earlier, Aquino urged [JURIST report] lawmakers to make the law more available for authorities to utilize. It was heavily criticized when it first went in effect [JURIST report] in 2007.




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Federal appeals court urged to uphold Defense of Marriage Act
Rebecca DiLeonardo on June 6, 2012 11:40 AM ET

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[JURIST] The bipartisan legal advisory group in charge of defending the Defense of Marriage Act (DOMA) [text, PDF; JURIST news archive] filed its brief [text, PDF] on Monday defending the act's provision denying federal benefits to lawfully married same-sex couples. The brief, filed in the US Court of Appeals for the Ninth Circuit [official website], argues that laws relating to sexual orientation should be evaluated with a rational basis [Cornell LII backgrounder] test. The advisory group says that the government's denial of federal benefits to lawfully married same-sex couples is a rational means to preserving a single federal definition of marriage and preserving federal funds:
DOMA easily passes muster under rational basis review, as DOMA is supported by numerous rational bases. Congress saw that expanding federal marital benefits to same-sex couples, who at the time of DOMA's passage were not recognized as married in any states, would raise significant problems of disuniformity and unfairness in the distribution of such benefits. Moreover, any extension of federal marital benefits likely would increase demands on federal resources, create unpredictable changes in the budgets of countless federal programs, and upset the calibration of the countless prior statutes dealing with marriages, all of which were structured on the understanding that the institution included only opposite-sex couples.
The brief makes no mention of the First Circuit decision [JURIST report] last week finding the denial of federal benefits for same-sex marriages is unconstitutional. The Department of Justice (DOJ) [official website], which no longer defends DOMA [JURIST report], has argued that laws affecting LGBT citizens should receive "heightened scrutiny" above rational basis.

The Obama administration petitioned [JURIST report] the Ninth Circuit appeals court in March for an expedited en banc review of this case. In its request for review, the Obama administration raised the question of "whether classifications based on sexual orientation are subject to rational basis review or instead demand heightened scrutiny under well-established equal protection principles." The request for expedited review came after the US District Court for the Northern District of California ruled that DOMA is unconstitutional, after Karen Golinski filed suit [JURIST reports] against the US Office of Personnel Management for refusing extend health insurance benefits to her same-sex spouse. House Speaker John Boehner's (R-OH) DOMA defense group [JURIST report] took over the defense.of DOMA in court after the DOJ announced in February that it would no longer defend the legislation.




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EU proposes regulations to address future financial crises
Sung Un Kim on June 6, 2012 11:14 AM ET

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[JURIST] The European Commission [official website] on Wednesday announced [press release] a proposal [text, PDF] that would address the problems of bailing out large banks with public funds during financial crises in the future. The proposal rests on Article 114 of the Treaty on the Functioning of the EU (TFEU) [text, PDF] which "allows the adoption of measures for the approximation of national provisions which have as their object the establishment and functioning of the international market." It is designed to prepare, recover and resolve problems all credit institutions and certain investment firms may face during a financial crisis. Rather than setting up a powerful central banking system, the Commission proposed that the member states set up financial arrangements to prevent bank failure strengthening states' role in the newly proposed measure. The 171-page proposal is a response to the financial crisis of 2008 in which the European public authorities had to bail out large financial institutions from failure leading the European Commission to approve 4.5 trillion euros (equivalent to 37 percent of EU GDP) to go to those failing companies. The proposal is not expected to take effect until 2018.

Several EU member states face financial instability which may have detrimental effects on other member states. Earlier this month, Ireland voters approved [JURIST report] the Treaty on Stability, Coordination and Governance [text, PDF] aimed at improving fiscal discipline and promoting greater financial information disclosure between EU member states because of its current financial situation. The treaty was signed [JURIST report] by leaders from 25 EU member states in March. Only two countries, the UK and the Czech Republic, did not sign the measure. A year after the financial crisis of 2008, a European Council [official website] decided to create [JURIST report] a new European financial supervisory and monitoring system which seeks to balance the need of coordinating efforts on financial supervision, particularly in times of crisis, with the autonomy of each member nation over their own financial stability.




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North Korea caste system leads to human rights violations: report
Rebecca DiLeonardo on June 6, 2012 11:08 AM ET

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[JURIST] North Korea's caste system leads to abuses and human rights violations in the country, the Committee for Human Rights in North Korea (HRNK) [advocacy website] reported [text, PDF] Wednesday. The report alleges that the caste system, known as Songbun, is used as justification for the systematic abuse and arbitrary detention of some North Korean citizens. Members of the lower castes are classified as "class enemies" and are not afforded basic human rights. The government also reportedly relies on the Songbun classification, which is assigned at birth, to determine guilt or innocence in criminal proceedings. HRNK called on the North Korean government to eliminate the use of Songbun classifications as the basis for discriminating against citizens, and to work to eliminate the caste system in North Korean society.

North Korea has faced ongoing international criticism for human rights violations. The UN Special Rapporteur on North Korean Human Rights criticized North Korea's human rights record [JURIST report] last November, focusing on the treatment of prisoners and echoing a UN General Assembly resolution [text] concerning the country's human rights conditions. In March 2010 the UN Human Rights Council (UNHRC) adopted a resolution [JURIST report] condemning North Korea for human rights abuses. Earlier that month, the UN Special Rapporteur for North Korea, Vitit Muntarbhorn reported to the UNHRC that North Korean human rights situation was continuing to deteriorate [JURIST report]. This report came after Muntarbhorn's previous criticism, in October, 2009, of North Korea's "abysmal" ongoing human rights violations [JURIST report], alleging that the authoritarian government was responsible for various abuses, including torture, public executions, extensive surveillance, media censorship, women's rights violations and widespread hunger.




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Egypt court to rule on constitutionality of political isolation law
Sung Un Kim on June 6, 2012 10:27 AM ET

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[JURIST] The Supreme Constitutional Court of Egypt [official website] said Wednesday that it will rule on the constitutionality of the proposed amendments to the political isolation law on June 14. The Political isolation law was passed in 2011 and had the purpose of blocking high members of the regime of ousted former president Hosni Mubarak [Al Jazeera profile, JURIST news archive] from holding a position in office. The amendments, which were approved by the Parliament and later by the ruling military council, will have the effect of banning individuals who served as vice president or prime minister during Mubarak's 10-year regime before he resigned in February of last year. This will also affect individuals who served as president or secretary general of Mubarak's now-dissolved [JURIST report] National Democratic Party. Until the court rules on the constitutionality issue, the amendments to the law cannot be implemented.

Egypt has still issues surrounding the constitutionality of election process as well as the formation of the 100-member panel responsible for drafting the country's new constitution. In April, Egypt's Supreme Administrative Court suspended the work of the panel after it ruled in favor [JURIST report] of the challenge against the constitutionality of the panel's formation. The appointment of the panel members had been heavily debated between the parties of parliament who have differing opinions on who should be included in the assembly after it was initially discussed in March after the voting system in the parliamentary elections was declared [JURIST report] unconstitutional.




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Bahrain official denies government involvement in excessive force against protesters
Rebecca DiLeonardo on June 6, 2012 10:22 AM ET

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[JURIST] The Interior Minister of Bahrain said that the government was not responsible for the use of excessive force by police officers last year, which resulted in the death of more than 30 protesters, a regional newspaper reported Wednesday. The Minister indicated that the officers acted of their own accord, and stated that they would held accountable in court [Reuters report]. His comments are at odds with a report [text, PDF] released by an independent government commission last year which concluded that the government was responsible for the police conduct [JURIST report]. The commission stated that the security forces acted with an expectation of impunity for their actions.

Bahrain continues to deal with the fallout from the pro-democracy protests last year. Human Rights Watch (HRW) reported in April that Bahrain's police officers regularly abuse detained protesters [JURIST report] before transporting them to police stations. Also in April, Amnesty International issued its own report [JURIST report] alleging human rights violations continue in Bahrain despite reforms. In March, based on a report of excessive force by Bahraini security forces, the UN Office of the High Commissioner for Human Rights called on the government [JURIST report] to investigate the allegations. During that same month, HRW released a report about human rights violations against demonstrators, alleging that Bahrain is convicting hundreds of opposition activists [JURIST report] in unfair and politically motivated trials.




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Israel urged to release Palestinian detainees
Sung Un Kim on June 6, 2012 9:35 AM ET

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[JURIST] Amnesty International (AI) [advocacy website] on Tuesday urged [report, PDF] Israel to release all prisoners of conscience and administrative detainees or immediately try them under international fair trial standards. AI revealed that Israel has been using a number of laws, such as the Military Order 1651 and the Emergency Powers (Detention) Law, against Palestinian citizens in the West Bank. Although the laws apply to everyone, AI reported that the laws are being used to detain only Palestinians. Additionally, AI found that most of the detainees were never informed of the evidence presented against them although they have the right to appeal and are entitled to legal counsel of their choice. With its report, AI concluded that injustice against detainees is still ongoing. During the past few months, numerous administrative detainees initiated or participated in several non-violent protests, such as hunger strikes [JURIST news archive], against their detention without charge or fair trial. However, after most of the strikes ended in May, AI discovered that Israel did not cease the heavily-criticized practice. Rather, it was reported that those who went on hunger strike were subject to ill-treatment and punishments:
Some hunger-striking detainees have reported that Israeli Prison Services (IPS) officials placed them in solitary confinement as punishment for their hunger strikes, on the basis that launching a hunger strike is against prison regulations. IPS officials have also delayed the hunger strikers' access to medical examinations and treatment, apparently to further pressure them to end their strikes. Some hunger strikers have also reported physical assaults and verbal abuse by the IPS, while others have reported that IPS personnel forcibly administered treatment such as injections against their will. Since the beginning of the hunger strikes in late 2011, the IPS has limited hunger-striking detainees' access to independent lawyers of their choice.
AI pointed out that Israel has ratified universal human rights treaties and that it must comply with these standards. With the report, AI mentioned several issues the Israeli government had to address immediately or in the near future such as ending the practice of administrative detention, investigating allegations of torture and ill-treatment and allowing family visits to Palestinian detainees.

Israel has been continuously criticized for its treatment of Palestinian detainees. Last month UN Secretary-General Ban Ki-moon [official profile] called on Israel to try or release more than 1,000 prisoners [JURIST report] who had been on hunger strike to avoid health risks. Earlier the same month, the Israeli Supreme Court [official website, in Hebrew] ruled against [JURIST report] two detainees who had been on hunger strike in their appeal seeking release from detention. During the same month, UN Special Rapporteur of the occupied Palestinian territory [official website] expressed its concern [JURIST report] for the continued human rights violations in Israel's prisons. It called the country to comply with the international standards of how to treat detainees.




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Russia lawmakers pass controversial protest legislation
Rebecca DiLeonardo on June 6, 2012 9:34 AM ET

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[JURIST] Both houses of the Russian parliament have passed a controversial bill that increases the maximum fine for protestors who violate demonstration regulations. The lower house, or State Duma [official website, in Russian], passed the bill [press release, in Russian] late Tuesday night on its third reading amid protests that the law was too harsh. The Federation Council [official website, in Russian], the parliament's upper house, passed the bill [press release, in Russian] on Wednesday morning with little opposition. It will now proceed to President Vladimir Putin [official website] for final approval. The proposed bill would raise the maximum fines [JURIST report] for participating in an unsanctioned rally from 2,000 rubles (USD $60) to 300,000 rubles ($9,000) meaning a 150-fold increase. For public officials the fine would be 600,000 rubles ($18,000). The Kremlin party, or United Russia [party website, in Russian], which currently has the majority in the lower house, proposed the law in advance of a planned opposition protest on June 12.

The controversial bill received preliminary approval [JURIST report] from the State Duma in May by a vote of 236-207 on the first reading. Putin has supported the new bill. Russia has been criticized for violating citizens' right to free expression. Earlier this month prominent Russian gay rights activist Nikolai Alekeyev, who was arrested in April, became the first to be convicted under a St. Petersburg city ordinance that prohibits the spreading "homosexual propaganda" to minors.




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Karadzic judges visit Srebrenica massacre site
Saheli Chakrabarty on June 6, 2012 8:56 AM ET

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[JURIST] Judges from the International Criminal Tribunal for the Former Yugoslavia (ICTY) [official website] on Tuesday began a five-day visit [press release] to locations relevant to the indictment of former Bosnian Serb leader Radovan Karadzic [ICTY case summary, PDF; JURIST news archive], founding member of the Serbian Democratic Party (SDS). The visiting delegation includes four Trial Chamber judges as well as support staff from the Tribunal and representatives from both the prosecution and defense. The delegates will visit Srebrenica [JURIST news archive], Bosnia and Herzegovina, as well as its surrounding areas. Karadzic is being tried for several war crimes including genocide and crimes against humanity.

This visit comes just months after the ICTY sentenced [JURIST report] former president of the municipality of Sokolac, Bosnia and Herzegovina, Milan Tupajic [ICTY case summary, PDF], to two months in prison on two counts of contempt for refusing to testify against Karadzic. In February, the ICTY was accused by former Commander of the Bosnian Serb Army, Ratko Mladic [BBC profile; JURIST news archive], of being biased [JURIST report]. In January, the ICTY accepted a plea deal [JURIST report], convicting Jelena Rasic, the case manager for Bosnian war criminal Milan Lukic, on five counts of contempt for procuring false witness statements. In December, the ICTY convicted former Yugoslav intelligence officer Dragomir Pecanac of contempt [JURIST report] for failing to testify before the tribunal. Earlier that month, ICTY with International Criminal Tribune for Rwanda (ICTR) [official website] reported [JURIST report] to the UN Security Council [official website] their progress in tracking and arresting fugitives for the tribunals' mandates.




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