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Legal news from Tuesday, June 19, 2012 |
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Egypt politician challenges interim constitution
Rebecca DiLeonardo on June 19, 2012 3:49 PM ET

[JURIST] A former candidate in Egypt's presidential election and several non-government organizations filed a lawsuit on Tuesday challenging Egypt's interim constitution, which was put in place by the Supreme Council of the Armed Forces (SCAF) [NYT backgrounder]. SCAF amended the constitution on Monday, adding a provision which will transfer power to the newly elected president [JURIST report] by the end of this month, but maintaining broad authority for SCAF officials until the new constitution is created. Specifically, SCAF maintains the sole authority over the military, including appointment of its officers and commanders and, although the new president can declare war, this action is subject to SCAF approval. The interim constitution also gives SCAF legislative powers until a new parliament is created. In his lawsuit, Khaled Ali alleges [Ahram Online report] that the interim constitution gives SCAF unlimited powers that cannot be overruled by any government body.
The Muslim Brotherhood this week claimed that the unofficial result of the presidential elections showed that its candidate Mohammed Mursi won with 52 percent of the vote. Despite the success of a peaceful presidential election on Saturday and Sunday, Egypt has faced continued political turmoil since the overthrow of former president Hosni Mubarak last year. Last week the Supreme Constitutional Court of Egypt dissolved the country's Parliament [JURIST report] after finding that one-third of its members were elected illegally. A day earlier the country's Ministry of Justice issued a decree [JURIST report] restoring broad arrest powers to the Egyptian military to arrest civilians for non-military offenses. Also last week, the Egyptian parliament elected a new constitutional council [JURIST report] after lawmakers finally reached an agreement [JURIST report] on the political composition of the council. Egypt's Supreme Administrative Court in April effectively suspended [JURIST report] the work of the 100-member council responsible for drafting the country's new constitution after ruling in favor of a lawsuit challenging the constitutionality of the formation of the panel.


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Serbia court sentences police officers for war crimes
Sung Un Kim on June 19, 2012 2:50 PM ET

[JURIST] The War Crimes Chamber of the Belgrade District Court on Tuesday sentenced four former police officers for crimes committed during the Serbo-Croatian War [GlobalSecurity backgrounder] in which around 20,000 people lost their lives. The four paramilitaries have been accused of killing [B92 report] at least six non-Serb civilians in the eastern Croatian town Beli Manastir in 1991. The presiding judge in the trial, Dragan Mirkovic, stated that there was sufficient evidence for the alleged crimes and the accused had engaged in torture, illegal detention, intimidation and inhumane treatment of civilians. Zoran Vuksic was sentenced to 20 years imprisonment while Slobodan Strigic to 10 years, Branko Hrnjak to five years and Velimir Bertic to 18 months. The prosecution announced that it will appeal the last three sentences noting that there were no mitigating factors to give the accused such short sentences.
The International Criminal Tribune for the former Yugoslavia (ICTY) [official website] has been working with Serbia to convict and sentence those responsible for the crimes committed during the 1991-95 war in Croatia. Completion of the ICTY is considered the final step before Serbia's accession to the European Union (EU) [official website]. Earlier this month, the ICTY closed its third contempt trial against former Serb nationalist politician and war crimes suspect Vojislav Seselj [official website, in Serbian; JURIST news archive] who has been accused of contempt of court and divulging data in a book he authored [website, in Serbian] disclosing names, occupations and residences of 11 protected witnesses. He was sentenced in October to 18 months in prison and in July 2009 to 15 months [JURIST reports]. A week earlier, the prosecution for the ICTY reported [JURIST report] the court's Completion Strategy to the UN Security Council [official website] addressing among others Serbia's failure to investigate and prosecute those who aided the fugitives. In July 2011, Serbian authorities arrested [JURIST report] Goran Hadzic [ICTY backgrounder], the last fugitive of the original 161 sought for war crimes by the ICTY.


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Rights groups sue Florida to stop purging of voter rolls
Rebecca DiLeonardo on June 19, 2012 2:45 PM ET

[JURIST] The Fair Elections Legal Network [advocacy website] and three other rights groups on Tuesday filed a lawsuit [complaint, PDF; press release] on behalf of several Florida citizens and organizations challenging the state's purging of voter rolls. The suit is the third lawsuit filed against Florida seeking to end the controversial practice; similar suits have been filed by the American Civil Liberties Union of Florida (ACLU-FL) [advocacy website; JURIST report] and the Department of Justice (DOJ) [official website; JURIST report]. In a press release, the Fair Elections Legal Network said Florida's purging process was flawed, and that it hurts Florida voters:Of the list of nearly 2,700 voters that the state has flagged as possible non-citizens on the voter rolls using a faulty data matching process, over 500 have already shown documentation that they are citizens and eligible to vote. A program with a high error rate that places the burden on the voter to proof citizenship will end up disenfranchising hundreds of eligible voters' right before the election with little time to correct the error and restore their right to vote. The lawsuit has asked the court to declare Florida's purging process illegal and to order the state to cease its practice and restore those citizens who have been removed from voter rolls illegally.
The purging of voter rolls in Florida has created controversy in recent weeks. Last week, amidst calls to end its purging practices, Florida filed suit [JURIST report] seeking access to a federal database that will help it verify the citizenship of registered voters. Earlier this month, the DOJ sent a letter [JURIST report] to Florida Secretary of State Ken Detzner demanding that the state stop purging its voting rolls, saying the process that is not approved under the Voting Rights Act (VRA) or the National Voter Registration Act. Despite the DOJ warning, a spokesperson for Florida Governor Rick Scott said that the state would continue to search for ineligible voters [Huffington Post report] and purging the rolls. The DOJ has alleged that the VRA requires all voter roll maintenance to cease 90 days before the primary election, meaning all purging in Florida should have stopped by May 16.


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Senators ask Supreme Court to televise health care decision
Rebecca DiLeonardo on June 19, 2012 2:13 PM ET

[JURIST] Two leaders of the US Senate Judiciary Committee [official website] on Monday sent a letter [text, PDF; press release] to Chief Justice Roberts of the Supreme Court [official website] asking that the court consider televising a live broadcast of its decision regarding the constitutionality of the Patient Protection and Affordable Care Act (PPACA) [text; JURIST backgrounder]. The Supreme Court is expected to deliver its opinion in the case, United States Department of Health and Human Services v. Florida [SCOTUSblog backgrounder], in the coming weeks. Senators Patrick Leahy and Charles Grassley urged the court to consider broadcasting the decision, which they said would "bolster public confidence in the judicial system." The senators said the decision would be one of the most important decisions of the court:We believe that the issues in the case are as important and consequential as any in recent Court history. In conducting its review, the Court directed parties to address the constitutionality of the act, the severability of the individual mandate, and the extent of the spending power of Congress. Given the fundamental constitutional questions raised and the effects the decision will have, the Court should be aware of the great interest Americans have in the outcome of this case. A coalition of news organizations made a similar request [JURIST report] last week, arguing that the broadcast would greatly benefit the public. The Supreme Court has never immediately released a recording of an announcement of an opinion.
The health care law has been a subject of great controversy since its passage in March 2010. In May, a group of women in Washington filed suit [JURIST report] against the state's Attorney General, Rob McKenna, saying that McKenna's participation in a lawsuit against the PPACA is preventing women from having full access to medical care. In March the US Supreme Court heard oral arguments [JURIST report] in the suit. In January 26 states submitted a brief [JURIST report] to the Supreme Court challenging the constitutionality of the expansion of Medicaid for the poor and disabled in the PPACA. Also in January the federal government filed a brief [JURIST report] before the US Supreme Court arguing that the minimum coverage provision of the PPACA, which requires almost every US citizen to obtain health insurance by 2014 or face a tax penalty, is constitutional. The court granted certiorari to rule on health care reform law [JURIST report] in three separate cases last November, reserving five-and-half-hours for oral argument on the issue.


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Rwanda genocide tribunal sentences former military captain to life
Sung Un Kim on June 19, 2012 2:05 PM ET

[JURIST] The International Criminal Tribunal for Rwanda (ICTR) [official website] on Tuesday sentenced [judgment, PDF] the former captain at the Butare military academy, Ecole des Sous-Officiers, to life imprisonment for genocide, crimes against humanity and war crimes for violence perpetrated in Butare prefecture. After 54 trial days of evidence, testimonies of 84 witnesses and 130 decisions, the court rendered its decision six months after the closing arguments. Ildephonse Nizeyimana [BBC profile; JURIST news archive] was found guilty of ordering soldiers to kill Tutsi civilians and rape Tutsi women during the 1994 Rwandan genocide [HRW backgrounder; JURIST news archive], killing Tutsi queen Rosalie Gicanda, murdering a former Butare deputy prosecutor and killing members of the Ruhutinyanya family. The court also dismissed several charges of sexual violence, training and distribution of weapons, and attacks on Butare University Hospital.
Nizeyimana, known as the "Butcher of Butare," went on trial [JURIST report] in January 2011. He had pleaded not guilty in October 2009, a week after he was arrested [JURIST reports].


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Kodak sues Apple for patent infringement
Rebecca DiLeonardo on June 19, 2012 1:42 PM ET

[JURIST] Eastman Kodak filed a lawsuit on Monday alleging that Apple [corporate websites] is illegally using its patented technology. The complaint alleges that Apple erroneously maintains ownership of technology developed when the two companies worked together in the early 1990s. Kodak is suing to prevent further use of the technology without permission, as it plans to sell the patents [Reuters report] in August. Kodak, which filed for bankruptcy in January, is required to sell patents as a part of its loan agreement to continue to operate in bankruptcy. The company alleges that Apple is taking advantage of its vulnerable position to avoid paying royalties on the technology. Apple's lawyers have not yet responded to the allegations.
Apple is in the process of litigating numerous lawsuits based on patent infringement. A federal judge last week granted a request [JURIST report] from Apple to hear its patent infringement case against Motorola that seeks an injunction against some of Motorola's phones that allegedly infringe upon Apple's patents. Earlier this month, a judge for the US District Court for the Northern District of California rejected a request by Apple [JURIST report] for a preliminary injunction against distribution four Samsung products, including the Galaxy Tab 10.1., which Apple contends infringe on their patents. In March, Samsung filed a patent suit against Apple [JURIST report] in Seoul, South Korea alleging Apple infringed three of its utility patents. Samsung alleges that Apple's iPhone 4S and iPad 2 infringe patents it owns involving methods of displaying data, the user interface and text messaging.


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Conflict in DRC threatens civilians: UN rights chief
Sung Un Kim on June 19, 2012 1:25 PM ET

[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] expressed concern [press release] on Tuesday about the safety of the civilians in the eastern part of the Democratic Republic of the Congo (DRC) [BBC backgrounder; JURIST news archive]. The armed conflict between the government and the M23 movement, which has been conducting a mutiny in North Kivu Province under the leadership of a particularly notorious group of human rights violators, has placed civilians in the area in heightened danger. It has been reported that the conflict between those two forces has displaced around 218,000 people from their homes since April. The members of M23 have been identified as army deserters and former members of the National Congress for the Defense of the People (CNDP) and the Coalition of Congolese Patriotic Resistance (PARECO) who have been integrated into the national army after a peace agreement in 2009. Pillay specifically mentioned five M23 leaders describing them as the "worst perpetrators of human rights violations in the DRC, or in the world for that matter." Colonel Sultani Makenga, Colonel Baudouin Ngaruye, Colonel Innocent Zimurinda, Colonel Innocent Kaina and General Bosco Ntaganda [case materials] have been accused of recruiting children, committing massacres and mass rape. Ntaganda was indicted by the International Criminal Court (ICC) [official website] in 2006, and the arrest warrant was announced two years later [JURIST report] on charges of war crimes for recruiting and using children in combat in the DRC's north-eastern district of Ituri in 2002-2003.
DRC has been urged to enforce the arrest warrant issued by the ICC against Ntaganda multiple times. Last month ICC prosecutor Luis Moreno-Ocampo [official website] sought the immediate arrest of Ntaganda along with Sylvestre Mudacumura [ICC fact sheet, PDF], a foreign militia leader in the DRC. In April, Human Rights Watch [advocacy website] called [JURIST report] on Congo President Joseph Kabila to immediately arrest Ntaganda and deliver him to the ICC. Despite the arrest warrant, the president stated that he will consider arresting the general. The human rights group urged the country several times in the past, in July 2011 and October 2010 [JURIST reports].


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UN rights expert questions US drone strike policy
Rebecca DiLeonardo on June 19, 2012 12:53 PM ET

[JURIST] The UN Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions [official profile] published a report [text, PDF], released Tuesday, asking the US to clarify its policy of targeted killing of terrorism suspects through raids and unmanned drone strikes. Christof Heyns noted that the US government has failed in the past to provide a comprehensive explanation of its drone-attack policy, including a justification under international law, which generally requires that governments make an effort to arrest a suspect first. The report questioned US consideration of the risk to civilians, noting that an estimated 20 percent of deaths from targeted killings in Pakistan were civilians. Heyns requested that the US clarify its policies:The Special Rapporteur again requests the Government to clarify the rules that it considers to cover targeted killings. ... The Special Rapporteur reiterates his predecessor's recommendation that the Government specify the bases for decisions to kill rather than capture "human targets" and whether the State in which the killing takes place has given consent. It should also specify procedural safeguards in place to ensure in advance that targeted killings comply with international law, as well as the measures taken after such killing to ensure that its legal and factual analysis is accurate. The report also addressed other issues, including concerns about due process considerations in the imposition of the death penalty and the treatment of Guantanamo detainees. The rapporteur commended the US on its progress in closing racial disparities and decreasing death sentences. His report was delivered to the UN Human Rights Council [official website], and will be discussed during its 20th session [materials] in Geneva on Tuesday.
The legality of drone strikes has been a controversial issue in recent months. UN High Commissioner for Human Rights Navi Pillay declared on Friday that US drone strikes in Pakistan raise grave legal concerns [JURIST report] under international law. Pillay expressed particular concern that the drone strikes do not comport with the international law principles of proportionality and distinction. In October, JURIST contributing editor Jeffrey Addicott asserted [JURIST op-ed] that the CIA drone strike in September [JURIST report] that killed senior al Qaeda leader and US citizen Anwar al-Awlaki [BBC backgrounder; JURIST news archive] was legal under the law of war. Prior to the drone strike that killed al-Awlaki, the Obama administration issued a memorandum [JURIST report] justifying the legality of such an action. In August, JURIST guest columnist Laurie Blank argued [JURIST op-ed] that the US government's claim that drone strikes in Pakistan have caused zero civilian casualties belied serious concerns about American interpretation and adherence to the laws of war.


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Bangladesh court sentences 611 individuals for 2009 mutiny
Sung Un Kim on June 19, 2012 12:06 PM ET

[JURIST] A special military court in Dhaka on Monday convicted 611 of the 621 accused in the 13th Bangladesh Rifles (BDR) [official website] Battalion for their participation in the February 2009 mutiny [BBC backgrounder; JURIST news archive]. Only 10 soldiers were acquitted while the remaining soldiers were sentenced to prison terms ranging from four months to seven years. Since the mutiny, which left 74 dead, around 4,000 individuals have been convicted and sentenced for their participation. Human Rights Watch (HRW) [advocacy website] condemned [press release] the mass trials claiming they do not meet the international standards and violate the country's constitution. Brad Adams, Asia director at HRW, stated that the mass trials must stop immediately noting that those responsible for the killing of 74 people during the mutiny should be tried before the court only if the trial meets the international fair trial requirements. Until then, the courts should place a hold on the proceedings. It has been reported that the government did not produce individualized evidence against the accused and used torture to force the accused to give statements against themselves and others. HRW also claimed that the mass trials means that lawyers cannot provide individual counsel to their clients. The courts have been prohibiting the accused from retaining their own lawyers and appealing the verdicts.
Bangladesh has been criticized for its approach to convicting individuals responsible for the mutiny. The government convicted virtually all of the now-sentenced individuals in mass trials making it impossible for individual representation of the accused. In July of last year, HRW urged [JURIST report] the country's authorities to ensure fair trials are provided to the accused. The call came a month after a military court sentenced [JURIST report] 657 border guards for their roles in the mutiny while nine individuals were acquitted. After the sentence, the number of those found to be guilty reached 3,000. During the same month another 430 people were sentenced [JURIST report]. In January of last year, a court in Dhaka began [JURIST report] its trial of 800 soldier charged with crimes including murder, conspiracy and looting military weapons, among others.


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ACLU report: Puerto Rico police abusing power
Rebecca DiLeonardo on June 19, 2012 11:09 AM ET

[JURIST] The American Civil Liberties Union [advocacy website] on Tuesday released a report [text, PDF; press release] alleging widespread abuses by the Puerto Rico Police Department (PRPD) [official website, in Spanish]. The report documents numerous instances excessive force, sometimes deadly, to suppress speech, subdue protesters, and target ethnic and racial minorities. It also alleges a culture of impunity among the police and a failure to police crimes of abuse and sexual assault:The PRPD routinely commits abuses including the unjustified use of lethal force against unresisting, restrained, or unarmed civilians; beatings and other violence against unarmed Black, poor, and Dominican men that left some near death and others paralyzed or with traumatic brain injury; and excessive force against peaceful protesters. ... The PRPD also fails to police crimes of domestic violence and rape and to protect women from violence by their intimate partners. These abuses do not represent isolated incidents or aberrant behavior by a few rogue officers. Such police brutality is pervasive and systemic, island-wide and ongoing. The PRPD is steeped in a culture of unrestrained abuse and near-total impunity. The report recommends that the PRPD rewrite its policies and implement training procedures to reinforce these policies. It also recommends the the Puerto Rican government work to end impunity for abusive police officers. The ACLU also called on the US Department of Justice to intervene and enter into an enforceable agreement with the PRPD.
Police abuse is a subject of international concern. Human Rights Watch (HRW) reported [JURIST report] in May that China's chengguan, a para-police organization charged with enforcing non-criminal administrative regulations, is abusing its power. In April HRW alleged that Bahrain's police officers regularly abuse minor detainees [JURIST report] before transporting them to police stations. Last October the UN Assistance Mission in Afghanistan reported that prisoners in some Afghan-run detention facilities had been beaten and tortured [JURIST report]. In June 2011 HRW reported that Iraqi police forces had been beating and illegally detaining protesters [JURIST report].


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Germany top court sides with parliament on financial crisis
Sung Un Kim on June 19, 2012 10:26 AM ET

[JURIST] The Constitutional Court of Germany [official website, in German] on Tuesday ruled [text, in German] that the Bundestag [official website, in German], the national parliament, has the right to be heard on the European financial crisis. In the case initiated by the Green party [party website, in German], the court held that Chancellor Angela Merkel [official website, in German] failed to notify the parliament early enough about plans for the European Stability Mechanism from its sister party in Austria. The judgment was mainly based on the national constitution which states that the parliament shall have the right to hear matters concerning the EU. Although Tuesday's ruling does not affect Germany's plan of approving the 500 billion euro (USD $632 billion) European Stability Mechanism [text, PDF] next week, it increased the parliament's rights by requiring the chancellor's government to provide notice to the parliament as early as possible in the future. Some have argued that democracy would be strengthened by the decision while others argued that such measures would burden the quick decision-making process to address future financial crises.
A previous ruling that gave the parliament similar rights over matter concerning the EU was issued in February. The country's constitutional court held [JURIST report] that the use of a parliamentary subcommittee to fast-track decisions related to eurozone bailouts is unconstitutional. Rather, it required the entire Bundestag to overview such decisions. In September, the same court ruled [JURIST report] that the parliament did not unconstitutionally impair its own ability to adopt and control the nation's budget, nor did it infringe on the budget autonomy of future parliaments.


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Cyprus detention of asylum-seekers violates international law: AI report
Rebecca DiLeonardo on June 19, 2012 10:24 AM ET

[JURIST] The Cyprus government's practice of detaining all illegal migrants seeking asylum in the island nation violates international law, Amnesty International (AI) [advocacy website] reported [text, PDF; press release] Tuesday. AI claims that Cyprus systematically detains migrants without exploring alternative methods of dealing with the individuals, in violation of European Union law. The report also alleges that the detainees are held indefinitely in poor conditions without adequate access to health care or legal aid. AI called on the Cypriot authorities to improve their policy immediately:The routine detention of irregular migrants and of a large number of asylum-seekers clearly violates Cyprus' human rights obligations. This pattern of abuse is partly due to inadequate legislation, but more often it is down to the practice of the authorities, particularly when it comes to their failure to examine real alternatives to immigration detention and their disregard of Supreme Court orders to release detainees. Urgent action is needed to rectify this situation that results in serious violations of the human rights of asylum-seekers and migrants. AI recommended that the government repeal any legislation authorizing the imprisonment of asylum-seekers and to examine and implement alternative means of dealing with illegal migrants who have committed no other crimes.
Laws and policies governing the treatment of migrants continue to raise international human rights concerns. In January, the Israeli Knesset passed a bill that imposes harsher penalties on illegal migrants [JURIST report] in Israel, as well as on Israelis who help illegal migrants. AI criticized the bill as a violation of human rights. Last March, AI released a report documenting discrimination and human rights violations against Roma migrants [JURIST report] in Slovenia and urging the Slovenian government to protect Roma communities. In September 2010, the Global Migration Group (GMG) adopted a statement urging all governments to respect the human rights of migrants [JURIST report], who are more likely to face various forms of abuse as they lack proper legal status. The GMG stressed that every person, regardless of migration status, should enjoy the fundamental rights to life, liberty and all fundamental human rights.


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Charles Taylor to appeal war crimes conviction
Rebecca DiLeonardo on June 19, 2012 9:36 AM ET

[JURIST] Former Liberian president Charles Taylor [BBC profile; JURIST news archive] will appeal his conviction and 50-year sentence for war crimes committed during the civil war in Sierra Leone [JURIST news archive], his lawyers notified the court on Monday. In a brief filing with the Special Court for Sierra Leone [official website] his lawyers informed the court [AFP report] that an official notice of appeal was forthcoming. Taylor was sentenced to 50 years in prison in May after he was convicted [JURIST reports] of war crimes a month earlier. He was accused of planning as well as aiding and abetting crimes committed by rebel forces in exchange for diamonds during the civil war, including acts of terrorism, murder, rape, sexual slavery, conscripting or enlisting children into armed forces, enslavement and pillage. At the sentencing hearing, Taylor claimed [JURIST report] he had "sadness and deepest sympathy for the atrocities and crimes suffered in Sierra Leone" but that he was not responsible for actions taken by rebel forces during the decade-long civil war.
In February Taylor's lawyers asked that the SCSL reopen the case [JURIST report] in light of new evidence, including a report by the UN Panel of Experts on Liberia. His lawyers claimed that the new evidence demonstrated that Taylor was not instrumental in the war crimes committed by rebel forces, but the court declined to reopen the case. The SCSL heard closing arguments [JURIST report] in March 2011. Taylor denied all the charges [JURIST report] against him.Taylor's defense lawyers opened their case [JURIST report] in July 2009 and have claimed that he could not have commanded rebel forces in Sierra Leone while acting as the president of Liberia. His trial continued after the court denied his motion for acquittal [JURIST report] in May 2009.


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Illinois prison sued for witholding HIV medication
Jamie Davis on June 19, 2012 9:12 AM ET

[JURIST] An Illinois man on Monday filed a lawsuit [complaint, PDF] in the US District Court for the Central District of Illinois [official website] against Bureau County alleging that prison officials in the county denied him necessary HIV medication during his weeklong incarceration. Plaintiff Arick Buckles alleges in his complaint that officials at the Bureau County Jail were "were deliberately indifferent to Plaintiff's serious medical need for life-sustaining HIV medications" and violated his rights under the Fourteenth Amendment [text] of the US Constitution. Buckles also claims prison officials violated the Americans with Disabilities Act [text] by discriminating against him on the sole basis of his status as an HIV-positive individual and is seeking both punitive and compensatory damages as redress. As a direct consequence of the prison's failure to provide him with medication, Buckles claims he suffered from various ailments including weight loss, severe vomiting, and detrimental effects to his prognosis.
Prisons have recently come under fire from various groups calling for prison reform. Last week, the American Civil Liberties Union (ACLU) released a report [JURIST report] claiming that it costs $68,270 per year to house a prisoner age 50 and older while many pose virtually no threat to society. The ACLU estimated that states could save approximately $66,000 per year by releasing aging prisoners. In January, the US District Court for the Northern District of California ruled [JURIST report] that California prison officials have failed to protect disabled parolees by not providing them wheelchairs and other mobility assistance devices. The Supreme Court ruled in Brown v. Plata upheld an order [JURIST report] requiring California to release up to 46,000 prisoners because the overcrowding of the state's prison system is causing inmates to receive inadequate medical care in violation of the Eighth Amendment.


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France ex-president Sarkozy facing legal action
Sung Un Kim on June 19, 2012 8:33 AM ET

[JURIST] The first legal complaint against former French president Nicolas Sarkozy [BBC profile; JURIST news archive] was filed on Monday for his alleged involvement in the French sale of submarines to Pakistan in the 1990s. Olivier Morice, the lawyer acting for the victims of a 2002 bombing in Karachi, filed suit against the former president to investigate whether the assets of the submarine sale were the source of an illegal party financing during the 1995 presidential campaign. As the French president, Sarkozy had been under immunity from any investigations or legal procedures under the French constitution. However, the constitution only grants such immunity up to one month after the presidency is over. Last month, Francois Hollande [official website, in French] succeeded Sarkozy as the new president. Sarkozy's immunity ceased last Friday, one month after his defeat in the presidential election. Another case against the former president is coming up which alleges that he illegally financed his 2007 presidency campaign from case withdrawals from the account of L'Oreal [corporate website] heiress Liliane Bettencourt [Forbes profile].
Sarkozy is not the first president who faced criminal charges upon the end of presidency. In December, former French president Jacques Chirac [BBC profile; JURIST news archive] was convicted [JURIST report] by a French court on corruption charges, receiving a two-year suspended sentence. He was accused of using public funds to support his political goals when he was mayor of Paris. Three months earlier, a French prosecutor asked [JURIST report] the court to drop the corruption charges against Chirac. During the same month, lawyers for the former president filed documents with the 11th Criminal Court of Paris claiming that their client was to ill to attend court hearings that was planned to begin after it was delayed in March [JURIST reports].


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US terror suspect pleads guilty to aiding al Qaeda
Rebecca DiLeonardo on June 19, 2012 8:14 AM ET

[JURIST] A New York native and terror suspect pleaded guilty [press release] Monday to charges of providing material support [18 USC § 2339B materials], including money and computer assistance, to al Qaeda [JURIST news archive]. Wesam El-Hanafi plead guilty before Judge Kimba Wood of the US District Court for the Southern District of New York [official website]. El-Hanafi was charged [JURIST report] with supporting Al Qaeda in 2010 along with another US citizen, Sabirhan Hasanoff, who pleaded guilty on similar charges [Reuters report] earlier this month. El-Hanafi allegedly traveled to Yemen where we swore an oath of allegiance to al Qaeda and received assignments and instructions. Hasanoff allegedly carried out several assignments for al Qaeda in New York City. The court has not yet set a sentencing date.
Both defendants originally pleaded not guilty [JURIST report] to the charges. The two men allegedly received at least $50,000 for providing al Qaeda with "computer advice and assistance, services, and currency," among other acts, between November 2007 and March 2010. El-Hanafi was arrested in the United Arab Emirates after contacting US authorities to determine why he was on a no-fly list.


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