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Legal news from Tuesday, June 12, 2012




Florida sues for access to federal voter database
Sung Un Kim on June 12, 2012 3:20 PM ET

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[JURIST] The administration of Florida Governor Rick Scott [official website] filed suit [complaint, PDF] on Monday in the US District Court for the District of Columbia against Department of Homeland Security and US Bureau of Citizenship and Immigration Services [official websites] for banning the state from comparing names in the state voter system with those in the Systematic Alien Verification for Entitlements Program System of Records (SAVE) [text, PDF] in order to remove non-citizens from the voting rolls. The state is seeking [press release] access to the SAVE program with the lawsuit. Florida alleged that it found nearly 100 non-citizens on voter rolls so far even without the access to the federal database. The same day, the US Department of Justice (DOJ) [official website] responded by a five-page letter urging the state to cease its efforts to obtain access to the federal database. Assistant US Attorney General Thomas Perez noted that Florida's plan of using the SAVE program to identify non-citizen voters would violate two federal laws and stressed the proximity of the upcoming vote. He pointed out that because the vote is very near, the state's plan would endanger voting rights of thousands of legal citizens. With the letter, Perez made clear that the DOJ will initiate a legal action if the state fails to comply with its demand to cease the purge. The DOJ had already sent a demand letter last month [JURIST report] to the state officials to stop purging its voting rolls, a process that is not approved under the Voting Rights Act (VRA) [text] or the National Voter Registration Act [text, PDF].

Florida had faced several legal complaints and criticism for its voting laws. On Friday, the American Civil Liberties Union of Florida (ACLU-FL) [advocacy website] announced [JURIST report] that it will file a suit against seeking to end Florida's controversial purging of voter rolls. It contended that the state's policy violates federal law, discriminates against racial minorities, and that in practice, citizens are frequently forced to re-verify their citizenship or lose their right to vote. Earlier this month, judge for the US District Court for the Northern District of Florida [official website] blocked [JURIST report] part of a new Florida election law that required any group that conducts a voter registration drive to turn in registration forms within 48 hours of collecting them or else face a $1,000 per day fine. Florida took also initiatives against the federal government interfering with state's enactment of voting laws. Last October, the state submitted a request [JURIST report] to a federal court challenging the VRA.




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ACLU calls for immediate remedy of Arizona immigrant detention conditions
Rebecca DiLeonardo on June 12, 2012 3:02 PM ET

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[JURIST] The American Civil Liberties Union (ACLU) [advocacy website] on Tuesday called for the immediate release [press release] of immigrants being held in the immigration detention units of the Pinal County Jail (PCJ) [official website] in Arizona. The ACLU sent a letter [text] to the Department of Homeland Security (DHS) [official website] alleging that conditions in the prison are unsanitary and a violation of the US Constitution. The group asked the DHS to either immediately release all detainees or immediately improve the conditions of the prison. The ACLU said the conditions of the prison were effectively a form of punishment for the detainees:
The confinement of immigration detainees at PCJ, at least under current conditions, has no place in any system that aspires to civility. ... The continued pattern of inhumane treatment and deficient conditions at PCJ—conditions inconsistent even with constitutional minima for convicted prisoners—not only make a mockery of the administration's stated commitment to humane detention reform, but also present an invitation to suit.
The ACLU reports that prisoners at PCJ are denied basic hygiene needs, medical attention, and face-to-face visitation rights.

US prisons have been criticized for conditions leading to human rights abuses and overcrowding. An investigation by Amnesty International (AI) in April reported that solitary confinement conditions in Arizona's maximum security prisons violate international human rights law [JURIST report]. In January, Human Rights Watch (HRW) released its annual World Report and criticized US illegal detention programs [JURIST report], pointing to extreme prisoner rights abuses and a high level of incarceration of illegal immigrants and racial minorities. A week earlier, the Russian Ministry of Foreign Affairs (MFA) criticized the US human rights record, including the indefinite detention [JURIST report] of Guantanamo Bay [JURIST backgrounder] detainees, in a report that called the situation in Guantanamo "the main outstanding [human rights] issue" in the US. Last year, the US Supreme Court ruled in Brown v. Plata [Cornell LII backgrounder] to uphold an order requiring California to release up to 46,000 prisoners [JURIST report] to remedy the state's overcrowded prisons [JURIST news archive].




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Europe court rules Moldova gay protest ban violated rights
Sung Un Kim on June 12, 2012 2:53 PM ET

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[JURIST] The European Court of Human Rights (ECHR) [official website] ruled Tuesday that Moldova violated the rights to peaceful assembly and to be free from discrimination by banning gay groups from protesting in front of the country's parliament. In 2005, Genderdoc-M [advocacy website] applied for a peaceful protest outside the parliament to encourage the government to adopt laws that would protect gay rights. However, the application was denied by both the Chisinau Municipal Council and the Mayor's office. The decision was upheld by the Court of Appeal as well as the Supreme Court of Justice. Moldova initially argued that because the majority of the country's population did not approve same-sex relationships, the rejection of the protest application did not violate the right to peaceful assembly. It later changed its argument by asserting that the right to peaceful assembly was violated but other rights were not. The ECHR rejected both arguments and noted that if the ban was based solely on the sexual orientation, such practice would be in direct violation of the European Convention on Human Rights [official website]. The International Commission of Jurists and gay rights organization ILGA-Europe [advocacy websites] welcomed [joint press release] the court's decision and expressed their enthusiasm for the development of better human rights protection for gays in the future.

Moldova had been urged to adopt comprehensive anti-discrimination laws. In early May, the UN Office of the High Commissioner for Human Rights (OHCHR) urged [JURIST report] the Moldovan government to adopt laws that would protect the human rights of religious minorities, the Roma population and LGBT rights in the nation. A similar call [JURIST report] was made few weeks after by the UN Working Group on discrimination against women in law and in practice that called the country to enact laws to ensure equal treatment of men and women.




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Bolivia ex-military chief arrested for corruption
Sung Un Kim on June 12, 2012 2:14 PM ET

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[JURIST] Bolivian authorities on Monday arrested a former chief of the country's armed forces on corruption charges. Prosecutor Harry Suaznabar charged [Los Tiempos report, in Spanish] General Alvin Kippes with illicit enrichment, dereliction of duty and abuse of influence, all punishable under the country's penal code. Kippes will be held in detention due to risks of information leaks and obstructing the investigation. He is accused of directing earmarked money in the amount of between 170 to 235 million Bolivian bolivianos (USD $24 to $33 million) into his personal account.

Bolivia has been very strict in prosecuting state officials for various crimes. Last year Bolivia's Supreme Court of Justice [official website, in Spanish] convicted [JURIST report] seven officials—five military officers and two former cabinet ministers—of committing genocide. The military officials received sentences of 10 to 15 years while the former cabinet ministers received three-year sentences for complicity in the murders. They were prohibited from appealing the decision. The case for the genocide began in 2009 [JURIST report] when the court initiated the trial against former president Gonzalo Sanchez de Lozada [BBC backgrounder; JURIST news archive]. Bolivian officials requested extradition [JURIST report] of Sanchez de Lozada and two other defendants from the US to face trial under a 1995 extradition treaty.




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Kenya court convicts suspect for 2007 post-election violence
Sung Un Kim on June 12, 2012 1:57 PM ET

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[JURIST] A Kenyan court on Tuesday sentenced the first suspect in the 2007 post-election violence [JURIST news archive] to life imprisonment. Justice Roselyn Wendoh convicted Paul Ruto, who is not related to William Ruto [ICC case materials], for the murder of Kimani Thiongo. Tuesday's conviction marked the beginning of trialsconcerning the country's 2007 post-election violence. Four of the six Kenyan leaders will face trial [JURIST report] in March of 2013 before the International Criminal Court (ICC) [official website]. Former Kenyan minister William Ruto and journalist Joshua Arap Sang [case material] have been accused on three counts of murder, forcible transfer and persecution while deputy prime minister Uhuru Kenyatta and former civil service chief Francis Muthaura [case materials] will face trial for their roles in the violence and five counts of orchestrating murder, rape, forcible transfer and persecution in the polls' aftermath.

In May, the appeals chamber of the ICC rejected [JURIST report] the appeal challenging the court's jurisdiction in the two cases related to the post-election violence. The charges against Ruto and Sang were confirmed [JURIST report] by the pre-trial chamber in January. In March last year, the ICC had issued summons [JURIST report] for six individuals charged with their crimes committed during the unrest.




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HRW urges Myanmar to protect communities from sectarian violence
Sung Un Kim on June 12, 2012 12:58 PM ET

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[JURIST] Human Rights Watch (HRW) [advocacy website] on Tuesday urged [press release] Myanmar [BBC backgrounder; JURIST news archive] to ensure the safety of communities in the Arakan State. According to HRW, the violence between Arakan Buddhists and ethnic Rohingya Muslims creates a safety risk for the surrounding community leaving an unknown number dead. The violence began when earlier this month Arakan Buddhists attacked [BBC report] a bus of traveling Muslims, killing 10 people. The attack stemmed from anger about the gang rape and murder of a Buddhist girl that occurred in May. Elaine Pearson [official profile], deputy Asia director at HRW, warned about the potential worsening of the situation in Arakan. Although Myanmar's government announced its plan to investigate into the violence and President Thein Sein [official website, in Burmese] issued a state of emergency in the area, HRW says that without international overview such intervention could make matters worse. Pearson pointed out the record of violence committed by the Myanmar military in the Arakan State. Additionally, she called on the government to grant access to the area to international journalists, aid workers and diplomats.

Despite calls and demands by international communities to end the violence in Myanmar, the government has failed to control the violence and protect the victims of such. In March, HRW reported [JURIST report] that violence and rights abuses continue in Myanmar's northern state of Kachin due to the conflict between Myanmar's armed forces and the Kachin Independence Army (KIA) [BBC backgrounder]. During the same month, Tomas Ojea Quintana [official profile], the UN Special Rapporteur on the situation of human rights in Myanmar urged [JURIST report] the country to ensure the protection of human rights. In November, Human rights group Partners Relief and Development [advocacy website] issued [JURIST report] a report [text, PDF, graphic content] which alleged that the army may be committing war crimes including torture and forced labor against ethnic communities in Kachin state.




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Pakistan court finds former ambassador guilty of authoring secret memo
Sung Un Kim on June 12, 2012 11:50 AM ET

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[JURIST] The Supreme Court of Pakistan [official website] on Tuesday found [order, PDF] former Pakistan ambassador to the US Husain Haqqani [official website; JURIST news archive] guilty of authoring the secret memo that implied Pakistani politicians were collaborating with US politicians. The memo was sent to US Admiral Mike Mullen [official website] in May of last year after Osama bin Laden [JURIST news archive] was killed by US forces [JURIST report]. The court's holding was based on the findings of a commission that revealed that Haqqani had no intention to live in the country, had no assets there, was not loyal to the country and had used $2 million annually received from the US government. The court requested Haqqani appear at the next hearing and noted that Haqqani had promised the judiciary when he left the country to return within four days upon such request. In January, the court had lifted [JURIST report] the travel ban imposed upon Haqqani after the memo in question was sent to Washington, DC. Haqqani resigned from his ambassador position when the allegations were made and when the court formed [JURIST report] the judicial committee to investigate who authored the memo. Haqqani plans to appeal Tuesday's decision stating that the whole investigation process was flawed and noting that he was not given full opportunity to provide his version of the facts surrounding the memo.

The alliance between Pakistan and the US became vulnerable after the controversial killing of Bin Laden by US forces in Pakistan. In May, a Pakistani doctor who helped the US government to find Bin Laden was convicted [JURIST report] for his association to a Pakistani militant group, not for his ties to the US Central Intelligence Agency (CIA) [official website], as was originally reported [JURIST report].




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ICC agrees to postpone hearing for Ivory Coast ex-president
Rebecca DiLeonardo on June 12, 2012 11:49 AM ET

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[JURIST] The International Criminal Court (ICC) [official website] announced Tuesday that it will postpone the confirmation of charges hearing [press release] for former Ivory Coast president Laurent Gbagbo [ICC case profile; JURIST news archive] after his defense team requested more time. No new hearing date was set. Last week Gbagbo's lawyers asked the ICC [JURIST report] to postpone the hearing so that they could have more time to prepare. Gbagbo's lawyer's complained that they did not have enough resources to build their case in the amount of time given. In a press release, the ICC said they granted the postponement "to preserve the rights of the Defence in fair proceedings." The new hearing will be scheduled at a future date.

Gbagbo's hearing date was set [JURIST report] in December during his pre-trial hearing in the Pre-Trial Chamber III of the ICC. During the hearing the court verified Gbagbo's identity and ensured that he was informed of the four charges against him, including murder, persecution, inhumane acts, and rape and other forms of sexual violence allegedly committed during last year's post-election violence [JURIST news archive] in the Ivory Coast. A month earlier, he was taken into custody [JURIST report] by the ICC after national authorities of the Ivory Coast surrendered him to the international court.




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AI: Egypt must investigate attacks on women protesters
Rebecca DiLeonardo on June 12, 2012 11:13 AM ET

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[JURIST] Amnesty International (AI) [advocacy website] called on Egypt Monday to investigate attacks on women protesters [press release] after a group of activists were violently assaulted last week. AI reported that a protest against sexual harassment turned violent on Friday when a large group of men moved in and began groping and punching women in the crowd. Men involved in the protest were also injured, and many were robbed in the confusion. AI urged Egyptian authorities to investigate increasing harassment of women protesters by both civilian attackers and government security:
These forms of sexual harassment, sexual assault and other forms of ill-treatment against women protesters are an attempt to intimidate them and prevent them from participating fully in public life. The authorities have so far done nothing to investigate these attacks. The impunity so far enjoyed by those attacking women protesters seems to have encouraged the trend of sexual harassment and assault to continue. The epidemic of sexual harassment in Egypt will only stop if the authorities, and society at large, confront the men who act as if women are commodities. The prevailing climate on impunity must stop by bringing perpetrators to justice.
AI noted that using sexual assault as a fear tactic was a method allegedly used under former president Hosni Mubarak [Al Jazeera profile, JURIST news archive] and argued that women in Egypt must feel free to express themselves.

Egypt has been heavily criticized for the way it treated protesters during the Egyptian revolution. Last month an Egyptian court convicted five police officers [JURIST report] in absentia for the death of protesters last year and sentenced each to 10 years in prison. AI and Human Rights Watch [advocacy website] released reports that protesters had been tortured and improperly detained [JURIST reports]. AI has also criticized the ruling Supreme Council of the Armed Forces (SCAF) [NYT backgrounder], stating that human rights violations against protesters committed by the SCAF may be equal to those committed under Mubarak.




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Apple successful in barring HTC from using patents in lawsuit
Sung Un Kim on June 12, 2012 11:11 AM ET

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[JURIST] The US International Trade Commission (USITC) [official website] ruled on Monday that HTC [corporate website; JURIST news archive] could not use five patents that it obtained from Google [corporate website; JURIST news archive] last August in its case against Apple [corporate website; JURIST news archive]. Apple had argued that HTC did not obtain all necessary rights to the intellectual property from Google. The patents were transferred from Google to HTC to counter Apple's claim that HTC infringed several of Apple's patents and Apple's attempt to block HTC products to enter the US market. HTC plans to appeal Monday's decision.

In December, the USITC ruled in favor of Apple [JURIST report] in its claim against HTC for infringing its "data tapping" patents. A month earlier, the same agency found for Apple [JURIST report] and held that the company did not infringe HTC's patents it obtained from acquiring the subsidiary S3 Graphics Co. In August, HTC filed three patent complaints against Apple after the USITC ruled against HTC [JURIST reports] for patent infringement relating to cell phones that run the Android operating system (OS) in July. The conflict between the two companies arose after Apple initially filed suit [JURIST report] against HTC in the US District Court for the District of Delaware [official website] in March 2010 alleging that HTC infringed ten of Apple's patents including hardware designs, touch-screen interfaces and graphical user interfaces. Apple filed an additional suit with the USITC to bar HTC from importing its products to the US market. A second lawsuit was initiated by Apple in July last year when it filed a claim against HTC [JURIST report] with the USITC for patent infringement related to scrolling and touchscreen features.




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UN SG issues report on violations against children in conflict zones
Sung Un Kim on June 12, 2012 10:11 AM ET

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[JURIST] UN Secretary-General Ban Ki-moon [official website] issued [press release] a new report [text, PDF] on Monday detailing the violations committed against children in conflict zones. The report discussed each conflict zone, including Afghanistan [BBC backgrounder; JURIST news archive], Central African Republic [BBC backgrounder; JURIST news archive], Chad [BBC backgrounder; JURIST news archive], Sudan [BBC backgrounder; JURIST news archive], South Sudan [BBC backgrounder; JURIST news archive], Democratic Republic of Congo [BBC backgrounder; JURIST news archive] and Syria [BBC backgrounder; JURIST news archive], and the situation of children in each country. The report, which covers the period from January to December 2011, revealed that the continued conflicts in these zones have detrimental effects on children. The violations were identified as "recruitment and use of children, sexual violence against children, the killing and maiming of children, the abduction of children, attacks on schools and hospitals and the denial of humanitarian access to children by parties to conflict in contravention of applicable international law." With the report, Ban issued a list of shame, as well as a list of persistent perpetrators, naming all responsible parties for the violation against children in the conflict zones. He expressed his deep concern regarding an increasing use of children as suicide bombers and "victim" bombers who do not know that they are carrying explosives. Moreover, in Syria, children are used as human shields by placing them in front of bus windows when moving military personnel.

It is not the first time that Syria has been criticized for its crimes against children. Earlier this month, the UN Human Rights Council [official website] condemned [JURIST report] Syria after a 41-3 vote for killing more than 100 civilians in the Houla region including women and children. Few days earlier, the UN Office of the High Commissioner for Human Rights (OHCHR) [official website] revealed [JURIST report] that most of the victims in the Houla incident were shot at close range, an indication of an mass execution. In April, the Human Rights Council had called Syria [JURIST report] to end the violence by approving a legally binding resolution. In February, the UN Children's Fund (UNICEF) [official website] reported [JURIST report] that the prevalent violence in Syria had caused the death and injuries of hundreds of children.




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Bahrain releases child prisoner
Rebecca DiLeonardo on June 12, 2012 9:32 AM ET

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[JURIST] Bahraini authorities have released an 11-year-old detainee who was imprisoned for nearly a month, his lawyer told reporters on Tuesday. Ali Hasan Alqudaihi was arrested on May 14 for allegedly attending an illegal gathering [CNN report]. The boy was accused of deliberately blocking traffic with several other individuals. The Bahrain Center For Human Rights (BCHR) [advocacy website] called for his release [press release] last week, accusing the government of targeting children under the age of 15. BCHR claims that children under 15 cannot be held criminally responsible for their actions in Bahrain. The group said that Alqudaihi was the youngest detainee in the country.

Tension between Bahrain's government and protesters has escalated recently. Prominent rights activist and BCHR president Nabeel Rajab was arrested and returned to prison [JURIST report] last week after posting critical comments about the government on his social media page. 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.




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Florida begins investigation into self-defense law
Sung Un Kim on June 12, 2012 9:15 AM ET

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[JURIST] The Task Force on Citizen Safety and Protection [official website] appointed by Florida Governor Rick Scott [official website] on Tuesday began its investigation into the state's stand your ground law [text]. The task force is holding its first public hearing Tuesday morning and parents of Trayvon Martin [BBC backgrounder; JURIST op-ed], a 17-year-old African American high school junior, will testify before the panel. The investigation begins after the US Commission on Civil Rights [official website] announced on Friday upon a 5-3 vote that it will investigate whether the "stand your ground" laws are applied based on race. The recent killing of Martin, who was shot by George Zimmerman, a white Hispanic, in Sanford, Florida, sparked criticism and doubt of the law and its reasonableness. Police did not file charges against Zimmerman initially based on Florida's stand your ground law which allows an individual to use deadly force given fear of danger or serious harm is present. The law does not require the threatened individual to retreat. Commissioner Michael Yaki [official profile] proposed the investigation by pointing out that there is virtually no data on how the law is applied in practice.

More than half of the states in the US have enacted a variation of the stand your ground law. The law does not require someone who reasonably believes to be threatened or immediate danger to retreat but rather allows the use of deadly force. The law has been criticized for its vagueness and potential for bias-based use against minorities. For example, Rev. Markel Hutchins, a civil rights activist, filed suit [JURIST report] in the US District Court for the Northern District of Georgia [official website] challenging the state's "No Duty to Retreat" law [text, PDF] because it is too vague and can lead to misuse of killing minority members. Hutchins also declared that his challenge derived from the recent killing of Martin. Georgia enacted its "No Duty to Retreat" law in 2006 while Florida enacted [JURIST reports] its "Stand Your Ground" law in 2005.




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ICC renews call to release staff members detained in Libya
Rebecca DiLeonardo on June 12, 2012 9:12 AM ET

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[JURIST] A spokesperson for the International Criminal Court (ICC) [official website] said Tuesday that the Libyan government has failed to explain why four ICC staff members are being detained, and their continued detention is a violation of international law. A judicial source in Libya told reporters Monday that the four will remain in "preventative" detention [JURIST report] for 45 days while an investigation is conducted. The four detainees traveled to Libya last week to meet with Saif al-Islam Gaddafi [BBC profile; JURIST news archive], the son of former Libyan leader Muammar Gaddafi [BBC obituary; JURIST news archive] and were detained on Thursday [JURIST report]. Reportedly among the detainees is Melinda Taylor, an Australian lawyer working for the ICC. A representative for the Libyan courts said that Taylor attempted to give documents to Saif al-Islam that were from his former aid, Mohammed Ismail, who has been in hiding since the Libyan conflict [JURIST backgrounder] began. ICC President, Judge Sang-Hyun Song, called for their immediate release, claiming they have immunity when traveling for ICC business. The ICC has had no contact with the detainees since their arrest last week.

Earlier this month, a pre-trial chamber of the ICC granted a request by the Libyan government to postpone an order to transfer [JURIST report] Saif al-Islam to ICC custody. The issue of which court is going to try Saif al-Islam has been in dispute since he was captured [JURIST report] by Libyan rebel forces in November. In April ICC chief prosecutor Luis Moreno-Ocampo [official profile] stated that the maximum penalty for Saif al-Islam in the ICC would be life in prison, but if convicted in a national court he could face the death penalty [JURIST report]. Earlier that month Ocampo asked the ICC to report Libya to the UN Security Council for failing to turn over Saif al-Islam. Libya expressly denied [JURIST report] the ICC's request for such action and stated that Saif al-Islam will face trial within the country. In February 2011, the UN Security Council voted unanimously to refer the matter in Libya to the ICC prosecutor [JURIST report]. The ICC claimed jurisdiction over Saif al-Islam despite its announcement in November that it may allow Libya to conduct the trial [JURIST report].




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New York City pension funds file suit against Wal-Mart
Jamie Davis on June 12, 2012 8:54 AM ET

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[JURIST] New York City on Monday filed a derivative suit [press release] in Delaware Chancery Court [official website] against Wal-Mart [corporate website] alleging that both officers and board members of the company breached their fiduciary duties to shareholders by improperly handling reports of bribery that occurred in Mexico. The allegations of bribery and the alleged cover up that followed first became an issue in April when the New York Times reported [NYT report] that top management officials at Wal-Marts in Mexico, or Wal-Mex [corporate website, in Spanish], participated in bribery schemes totaling over $24 million in order to help the company grow quickly. New York City Comptroller John Liu [official website] said:
Wal-Mart's board has repeatedly rebuffed our office and the New York City Pension Funds when we have raised concerns over the company's failure to comply with legal and ethical standards. Rooting out the directors and executives responsible for the current crisis would be a first step, but Wal-Mart also needs corporate governance reforms and an independent board that will protect outside shareholders and safeguard against another breakdown of internal controls.
The New York City Pension Funds are seeking recovery for the corporation, not the shareholders, and change in the corporate governance.

Wal-Mart has recently been no stranger to lawsuits. Last year the US Supreme Court ruled [JURIST report] in that a group of women seeking to recover damages from Wal-Mart failed to meet the requirements for class certification. In February 2011 Wal-Mart also escaped liability after a judge for the US District Court for the Western District of Michigan ruled [JURIST report] that Wal-Mart did not wrongly fire an employee who had been using medical marijuana to treat a brain tumor.




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