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

[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

[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 PCJconditions inconsistent even with constitutional minima for convicted prisonersnot 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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HRW urges Myanmar to protect communities from sectarian violence
Sung Un Kim on June 12, 2012 12:58 PM ET

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

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

[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

[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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