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Legal news from Wednesday, June 20, 2012




Romania court confirms sentence against former PM
Sung Un Kim on June 20, 2012 3:53 PM ET

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[JURIST] Romania's High Court of Cassation and Justice [official website, in Romanian] on Wednesday confirmed the two-year sentence against former prime minister Adrian Nastase [personal website, in Romanian]. He had been charged with graft and corruption [lawyer notes, in Romanian], found guilty and sentenced [JURIST report] in January to two years in prison. He and other conspirators were accused of having raised funds through taxation under a company called "trophy quality construction works" that then funneled USD $2.2 million to Nastase's failed presidential campaign. Nastase announced after the initial sentencing that he would appeal the ruling because it was politically biased. However, Wednesday's ruling made the sentence final, and Nastase is likely to serve the two-year term in prison.

Romania has been constantly called to show more results in fighting graft and corruption prevailing within the national borders since it joined [JURIST report] the European Union (EU) [official website] in 2007. In March 2010, the European Commission (EC) [official website] released reports [JURIST report] calling Romania [report, PDF; summary, PDF] along with Bulgaria [report, PDF; summary, PDF] to do more to combat corruption and organized crime, and conduct judicial reforms in order to enjoy their full rights as members of the EU. It made the same call [JURIST report] in 2009.




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Uganda government banning organizations for 'promoting' gay rights
Sung Un Kim on June 20, 2012 3:10 PM ET

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[JURIST] The government of Uganda [BBC backgrounder; JURIST news archive] announced on Wednesday that it will ban at least 38 non-governmental organizations that are accused of promoting gay rights and recruiting children to homosexuality. Minister of State for Ethics and Integrity Simon Lokodo alleged that those organizations are receiving international support in their conversion of children into homosexuality, which is criminalized in the country. He ordered the police [EHAHRDP report] on Monday to break up a meeting organized by the East and Horn of Africa Human Rights Defenders Project (EHAHRDP) [advocacy website] in Kampala that was specifically for the gay community in the region. The Center for Constitutional Rights (CCR) [advocacy website] has condemned [press release] the Ugandan government for violating "fundamental rights to speech, assembly and association, as well as to be free from arbitrary arrest and detention." Amnesty International (AI) [advocacy website] echoed [AI report] the CCR by calling Monday's police raids illegal.

Uganda and many other African countries have legislation in place that criminalizes homosexuality. International human rights groups have constantly called on the Ugandan government to this practice. In March the CCR filed [JURIST report] a lawsuit [complaint, PDF; case website] on behalf of the Ugandan rights group Sexual Minorities Uganda (SMUG) [advocacy website] against Scott Lively, a US pastor with Abiding Truth Ministries [advocacy website], for enabling the anti-gay movement in Uganda in the US District Court for the District of Massachusetts [official website]. A month earlier, AI condemned [JURIST report] the shut down of an LGBT workshop by advocacy group Freedom and Roam, declaring it illegal and trying to arrest the leader. During the same month, Uganda had reintroduced [JURIST report] legislation that would make certain homosexual activities punishable by death.




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Tennessee plaintiffs to appeal dismissal of anti-discrimination suit
Rebecca DiLeonardo on June 20, 2012 3:10 PM ET

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[JURIST] A lawyer for a group of lesbian, gay, bisexual and transgender (LGBT) plaintiffs in Tennessee said Wednesday that she will appeal the decision of a Tennessee County judge dismissing a lawsuit challenging a controversial law. The suit challenges Tennessee's Equal Access to Intrastate Commerce Act (EAIC) text] which bars local governments from creating anti-discrimination laws that are stricter than those of the state. When the act was passed in April of last year, it nullified a Nashville city ordinance that prohibited businesses which discriminated based on sexual orientation from operating in the state. The plaintiffs filed suit [complaint, PDF] in June 2011 challenging the constitutionality of the EAIC. They argued the law effectively took away the rights of plaintiffs who were protected under the Nashville ordinance and that the EAIC was discriminatory in nature. In January Chancellor Carol McCoy of the Davidson County Chancery Court in Nashville dismissed the lawsuit, saying the plaintiffs did not have standing to sue. Attorney Abby Rubenfeld said the judge ignored arguments [AP report] made by the plaintiffs in reaching her decision, and that she will continue to appeal the decision.

Discrimination based on sexual orientation is a hotly debated topic around the world. The US Senate Health, Education, Labor and Pensions Committee (HELP) held a hearing last week on the Employment Non-Discrimination Act (ENDA), focusing on discrimination faced by LGBT employees across the country. Earlier this month, JURIST guest columnist Brynne Madway argued [JURIST op-ed] that the LGBT community must shift some of its focus to promoting anti-discrimination laws, noting that "only 16 states have nondiscrimination laws that include gender identity and sexual orientation." In December, he UN Office for the High Commissioner for Human Rights (OHCHR) released its first ever report [JURIST report]on the global human rights of LGBT people. The report details LGBT people around the world being killed or enduring hate-motivated violence, torture, detention, criminalization and discrimination in jobs, health care and education because of their real or perceived sexual orientation or gender identity.




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Federal judge questions Apple's request for injunction against Motorola
Sung Un Kim on June 20, 2012 2:43 PM ET

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[JURIST] A federal judge on Wednesday expressed his doubts about a requested injunction against Google Inc's Motorola Mobility unit [corporate website] that would have a significant effect on the company. At the beginning of the trial between Apple [corporate website] and Motorola, Judge Richard Posner of the Seventh Circuit, who is sitting in as a trial judge for the US District Court for the Northern District of Illinois [official website], also questioned the current patent system that values software patents too highly. He also added that no one has the absolute right to exclude others based solely on patent ownership. Apple has sought an injunction against some of Motorola's phones, alleging that the company infringed upon its patents. Posner revived [JURIST report] the case between the two rivals last week granting [order] a request from Apple to hear its patent infringement case against Motorola. He had tentatively dismissed [JURIST report] Apple's patent infringement lawsuit reasoning that allowing the company to proceed would be contrary to public interest. The judge has continuously expressed his frustration about both parties' unclear arguments.

In February, Apple filed a suit [JURIST report] against Motorola in the US District Court for the Southern District of California [official website] seeking an injunction to stop the company from bringing patent claims against Apple in Germany. Apple had brought [JURIST report] two separate lawsuits against Motorola in October of last year alleging that several of Motorola's products infringe six patents owned by Apple.




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EU adopts plan to end human trafficking
Rebecca DiLeonardo on June 20, 2012 2:24 PM ET

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[JURIST] The European Commission on Tuesday announced its plan [text, PDF; press release] to end human trafficking in Europe. The commission said that human trafficking [EU backgrounder; JURIST news archive] is "the slavery of our times," noting that people of all ages are abducted and sold for sexual slavery, domestic servitude and other forms of exploitation. The commission identified poverty, gender inequality and social unrest as key factors leading to risk of human trafficking. The new strategy, which consists of a 40-point plan to be implemented over the next five years, involves the commitment of member states to five main goals:
  1. Identifying, protecting and assisting victims of trafficking
  2. Stepping up the prevention of trafficking in human beings
  3. Increased prosecution of traffickers
  4. Enhanced coordination and cooperation among key actors and policy coherence
  5. Increased knowledge of and effective response to emerging concerns related to all forms of trafficking in human beings
The commission stressed that the EU member states must continue to put forth individual efforts to combat human trafficking within their countries. The new plan is designed to complement and assist efforts of individual governments.

Human trafficking has become an increasingly scrutinized issue around the world in recent years. In April, UN officials at a special General Assembly meeting urged the international community to strengthen collaborative efforts [JURIST report] to combat human trafficking. In August the UN Special Rapporteur on human trafficking urged Thailand [JURIST report] to crack down on human trafficking, especially with regard to children subjected to sexual and labor exploitation. In September 2010, the US Department of Justice brought charges [JURIST report] against six people in the largest US case of human trafficking. In June 2010, the UNODC issued a memorandum that human trafficking is becoming a major problem in Europe [JURIST report]. Also that month, the US State Department released its annual report on human trafficking, concluding [JURIST report] that the US has a "serious problem with human trafficking, both for labor and commercial sexual exploitation."




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UN committee condemns Kazakhstan expulsion of asylum-seekers
Rebecca DiLeonardo on June 20, 2012 2:00 PM ET

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[JURIST] The UN Committee Against Torture [official website] has ruled that Kazakhstan's extradition of 29 Uzbek refugees was a violation of international human rights agreements, including the Convention Against Torture [text]. The committee stated in a ruling that the extradited Uzbekistan nationals faced risk of torture [AP report] in their home country. The committee recommended that the government seek the return of the asylum-seekers and provide them compensation for their suffering. Last year, five rights groups sent a joint letter [text, PDF; press release, PDF] to the prosecutor general of Kazakhstan, urging the government not to extradite the 29 men. The rights group Action by Christians Against Torture [advocacy website] led the complaint with the UN committee after the government of Kazakhstan moved forward with the extraditions.

Laws and policies governing the treatment of asylum-seeking migrants continue to raise international human rights concerns. Amnesty International (AI) said Tuesday that the Cyprus government's practice of detaining all illegal migrants seeking asylum in the country violates international law [JURIST report]. In January, the Israeli Knesset passed a bill that imposes harsher penalties on illegal migrants [JURIST report] in Israel. 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 fundamental human rights.




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China dissident artist barred from attending hearing
Sung Un Kim on June 20, 2012 1:53 PM ET

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[JURIST] Dissident artist Ai Weiwei [BBC profile] was banned on Wednesday from attending the first hearing in the case brought by his company, Fake Cultural Development Ltd., against Beijing tax authorities. The court was also closed to filming [AP report], denying access to reporters into the courthouse. Police officers stationed in front of Ai's house blocked him from going to the court hearing while registering journalists who sought to interview the dissident artist. Despite a small argument between Ai and the police officers, Ai ultimately complied. Ai's wife Lu Qing, the legal representative of her husband's company, attended the hearing with other lawyers and reported that during the hearing witnesses they requested were blocked from testifying including Ai. Other rights activists such as Hu Jia [advocacy blog; JURIST news archive] were also barred from attending the hearing.

In May, the Chinese court has agreed to hear [JURIST report] the case brought by Ai's company against the tax authority for the government's imposition of 15 million yuan (USD $2.4 million) tax evasion penalty. Ai had been accused and charged with tax evasion in November. Ai claims that by imposing such penalty, the government violated the tax law, and he is urging the court to overturn the tax bureau's rejection of his appeal against the penalty. The ruling was surprising [Reuters report] because Chinese courts have been denying, or rarely accepting, claims brought by dissidents and their relatives.




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UN expert: US government failed to answer drone strike questions
Rebecca DiLeonardo on June 20, 2012 1:19 PM ET

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[JURIST] The UN Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions [official profile] told reporters Wednesday that after a two-day dialogue with US officials about legal concerns over drone-strike killings, the US has failed to directly address any of his questions. Special Rapporteur Christof Heyns presented his report [text, PDF; JURIST report] at the 20th session [materials] of the UN Human Rights Council [official website] in Geneva on Tuesday, asking the US to clarify its policy of targeted killing of terrorism suspects through raids and unmanned drone strikes. He 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. He also asked the US how it calculated the risk to civilians, noting that an estimated 20 percent of deaths from targeted killings in Pakistan were civilians. Heyns told reporters outside the meeting [AP report] that he did not believe the US adequately addressed his key concerns. A representative of the American Civil Liberties Union [advocacy website] also addressed the council [press release] in regards to US drone strikes, urging the UN to question the legal basis for the attacks.

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 Septembe [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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New Senegal government should promote human rights: AI
Sung Un Kim on June 20, 2012 1:05 PM ET

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[JURIST] The new Senegalese government should take this opportunity to protect and promote human rights by addressing the impunity that undermines the judicial system and rule of law in the country, Amnesty International (AI) [advocacy website] said on Wednesday. In its report [text, PDF], AI listed areas which the new government has to address to achieve the goals of establishing a strong community that respects human rights and justice. AI found that the authorities have to end torture and other ill-treatment as well as stop and sanction the excessive use of force by the country's security forces against protesters and civilians. In addition, freedom of expression should be respected. AI reported that over the last three years, journalists and political opponents have been subject to legal proceedings for their mere political views and opinions. Other areas AI urged the Senegalese government to address were ensuring justice and compensation for the victims of the Casamance conflict [Africa Portal backgrounder], bringing former president of Chad Hissene Habre [BBC profile; JURIST news archive] to justice and ending discrimination based on presumed sexual orientation. AI also welcomed two statements made by the new government. The country's Minister of Justice announced in April that investigations into the deaths of Malick Ba and Mamadou Diop will be initiated. He also made a statement in May the ministry will pursue cases concerning the victims of the elections.

The international community has called on Senegal to cease the human rights violations in the country while prosecuting those responsible for such. In March, lawyers for the Belgian government asked [JURIST report] the International Court of Justice (ICJ) [official website] to force Senegal to bring Habre to justice for atrocities he committed during his eight years in power. Senegal had reversed its decision in July 2011 to send the former president back to Chad three days after it announced [JURIST reports] the planned deportation and UN High Commissioner for Human Rights Navi Pillay [official profile] warned he could be tortured. In February, Pillay expressed her concern [JURIST report] over the excessive force used by Senegalese authorities against protesters after the announcement of presidential candidates.




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Haiti adopts constitutional amendments
Rebecca DiLeonardo on June 20, 2012 12:39 PM ET

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[JURIST] The president of Haiti on Tuesday gave final approval [press release, in French] for amendments to the Constitution of Haiti [BBC backgrounder] that will allow dual-citizens to vote and be appointed to administrative positions. President Michel Joseph Martelly originally opposed the amendments but ultimately approved them. The changes became official when they were posted to Haiti's National Gazette [official website, in French]. Dual-citizens are still barred from running for key political offices [Reuters report], including offices of President, Prime Minister, Senator, and the lower house of Parliament. Martelly said the compromise was necessary to prevent further division of the Haitian population. The new amendments also create a permanent electoral council to organize elections and a council to oversee the Haitian judiciary.

Haiti has struggled to improve its rule of law in recent months. The US State Department in February dispatched a team of international law experts to Haiti to assess how to reinforce the Haitian judiciary's power and independence. Earlier that month, UN independent expert Michel Forst proclaimed that the rule of law is making significant progress in Haiti [JURIST report]. Forst focused on the establishment of judicial offices and the adoption of the International Covenant on Economic, Social and Cultural Rights [text, PDF]. In January, a Haitian judge convicted eight police officers [JURIST report] of shooting and killing at least ten prisoners following the January 2010 earthquake. In December 2011, the UN urged an investigation [JURIST report] into alleged torture and unlawful killings perpetrated by the Haitian National Police (HNP). In September of that year, Amnesty International (AI) called on Haitian authorities to prosecute Duvalier [JURIST report] for crimes against humanity. In July, a UN rights expert requested that Haiti prosecute Duvalier [JURIST report] and improve its human rights record.




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Sudan appoints new prosecutor for Darfur crimes
Sung Un Kim on June 20, 2012 12:20 PM ET

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[JURIST] Sudan's Ministry of Justice [official website, in Arabic] on Tuesday appointed a new special prosecutor for crimes committed in Darfur [JURIST news archive]. Justice Minister Mohamed Bushara Dousa announced Yasir Ahmed Mohamed, a senior counselor, as the new prosecutor who will handle criminal cases surrounding the crimes committed between August 2003 and March 2004, the Sudan Tribune reported [Sudan Tribune report]. Yasir will be the third special prosecutor, succeeding two former prosecutors who resigned for unknown reasons after failing to prosecute suspects responsible for crimes against humanity and war crimes. The new prosecutor announced that the headquarters will be located in the capital of North Darfur state El Fasher. He will assume the office next week at which time he will move with his aides to the new location.

Sudan has failed to prosecute any suspects allegedly responsible for the crimes committed in Darfur leading the UN Security Council [official website] in March 2005 to refer the cases to the International Criminal Court (ICC) [official website]. Since then the ICC has been working to prosecute individuals responsible for the Darfur crimes. In March, the Pre-Trial Chamber I of the ICC issued [JURIST report] an arrest warrant for Sudanese Defense Minister Abdel Raheem Muhammad Hussein who was charged with 20 counts of crimes against humanity (including persecution, murder, forcible transfer, rape, inhumane acts, imprisonment or severe deprivation of liberty and torture) and 21 counts of war crimes (including murder, attacks against civilian population, destruction of property, rape, pillaging and outrage upon personal dignity). This was the fourth arrest warrant that the ICC issued against high officials alleged to be involved in the Darfur crimes. The arrest warrant was sought [JURIST report] by the former chief prosecutor Luis Moreno-Ocampo [official profile] last December. During the same month, Ocampo called [JURIST report] on the international community to cooperate with the ICC in enforcing the arrest warrants noting that all states parties to the Rome Statute have an obligation to do so. The ICC had also charged [JURIST report] Sudanese President Omar al-Bashir [case materials; JURIST news archive] in July 2010 with three counts of genocide [warrant, PDF] in relation to the Darfur conflict.




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New York same-sex couple sues hospital for spousal benefits
Rebecca DiLeonardo on June 20, 2012 11:42 AM ET

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[JURIST] An anonymous same-sex couple in New York on Tuesday filed a class-action lawsuit [complaint, PDF] against Empire Blue Cross Blue Shield [corporate website] and a New York hospital seeking to compel the hospital to provide spousal healthcare benefits. The hospital, St. Joseph's Medical Center [official website], is a Catholic institution that has a policy against providing benefits to same-sex couples. The two women, one of whom works for the hospital, are legally married in New York. They maintain that the hospital's policy, which specifically denies benefits to same-sex couples, is discriminatory and unconstitutional. The couple is seeking an injunction preventing the hospital from enforcing its ban on providing benefits to same sex couples,and an order compelling the hospital to provide past and future benefits to couples affected by the ban.

Same-sex marriage [JURIST backgrounder] continues to be a controversial issue in the US. Earlier this month, opponents of Maryland's new same-sex marriage law obtained enough signatures to challenge the legislation in a referendum [JURIST report]. An advocacy group in Washington presented more than 200,000 referendum signatures earlier that week seeking to overturn [JURIST report] recently signed same-sex marriage legislation in that state. In May, 25 gay and lesbian couples filed two lawsuits against Illinois Governor Pat Quinn challenging the constitutionality [JURIST report] of the state's same-sex marriage ban. In March, Maryland legalized same-sex marriage, joining New York, Washington, Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and the District of Columbia [JURIST reports]. On the other hand, North Carolina voters in May approved [JURIST report] a constitutional amendment to ban same-sex marriage.




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Human rights, environmental laws necessary for sustainable development: UN report
Sung Un Kim on June 20, 2012 11:24 AM ET

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[JURIST] Integrative human rights and environmental protection laws and policies should be implemented to achieve sustainable development, according to a joint report [text, PDF] by the Office of the High Commissioner for Human Rights (OHCHR) and the UN Environment Programme (UNEP) [official websites]. The report, which was released under the framework of Rio+20 [official website], argued that the "protection of the environment and the promotion of human rights are increasingly seen as intertwined" and that individuals from poor countries are more vulnerable to diseases and other basic need insecurities as a direct result of the ecosystem. For example, the report claims that a direct causality has been established between malaria and ecosystems that are subject to irrigation projects such as dams, construction sites and poorly drained areas. In order to address such problems, legal and government regimes should be implemented at national and global levels. Despite many difficulties in achieving the goal of sustainable development due to insufficient resources and lack of long-term conservation efforts, the report called for an integration of human rights and environmental protections into the Rio+20 outcomes.

Earlier this month, UN Special Rapporteur on the human right to safe drinking water and sanitation Catarina Albuquerque [official profile] made a similar call when she strongly urged [JURIST report] nations to support the human right to safe drinking water and sanitation during the Rio+20 conference. The UN General Assembly [official website] in 2010 adopted [JURIST report] a resolution [materials] declaring that access to clean and sanitized drinking water is a basic human right. It was passed by a vote of 122-0 with 41 member states abstaining. UN High Commissioner for Human Rights Navi Pillay [official website] also called [JURIST report] all UN members to consider the protection of human rights in their Rio+20 negotiations.




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UN expert concerned over free speech in Israel, Palestine
Rebecca DiLeonardo on June 20, 2012 10:44 AM ET

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[JURIST] The UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression [official profile] on Tuesday presented his report [text, PDF] to the UN Human Rights Council [official website], concluding that people in Israel and the occupied Palestinian territories are severely limited in free expression, both by the official governing bodies, and de facto authorities like Hamas. Frank La Rue told the rights council at its 20th Session [materials] that his main concern in Israel is that lack of sufficient protections and restrictive laws discourage citizens from speaking freely. La Rue noted particular concern for Palestinian citizens in Israel, whom, he said, are frequently treated as "enem[ies] from within," and often face discrimination and persecution. In the Palestinian territories, the Special Rapporteur expressed concern with laws limiting free expression, including limits on free press and classifying defamation as a criminal offense. He also noted the detrimental effects of Israel's blockade of the Gaza Strip [BBC backgrounder] and urged Israel to end it immediately.

Israel's policy in the Gaza Strip has been a subject of controversy. Last week, 50 aid groups and UN offices signed a joint statement [JURIST report] urging Israel to end its blockade of the Gaza Strip, calling it a violation of international law. Also last week, the UN Under-Secretary-General for Humanitarian Affairs said [JURIST report] that the blockade must be lifted to prevent further human rights violations. Human Rights Watch (HRW) in February urged Israel [JURIST report] to change its policies that forbid Palestinians from traveling through and living in Gaza and the West Bank. The report describes the policy that causes separation within Palestinian families since some are trapped inside Israel while their family members are forbidden from entering. Israel was also criticized by HRW for never disclosing its rationale for imposing the restrictions on travel and residency.




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Netherlands court rules for Samsung in Apple patent infringement case
Sung Un Kim on June 20, 2012 10:17 AM ET

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[JURIST] The District Court of The Hague on Wednesday ruled [judgment, in Dutch] in favor of Samsung Electronics against Apple [corporate websites] in a patent infringement case. All About Phones [media website, in Dutch] reported [report, in Dutch] that the court held Apple liable for infringing upon one of the Korean company's four patents, a 3G patent [EP1188269, text]. The court dismissed the remaining three patent claims against Apple barring Samsung from invoking them. Both companies are responsible for paying the legal costs while Apple is required to pay damages to Samsung for the one patent it deemed to have infringed. The court noted that Samsung can recover up to 5 million euros (USD $6.3 million) for lost profits due to Apple's infringement since August 2010. A subsequent hearing will determine how much the US-based company has to pay its Korean rival.

Samsung and Apple have been suing each other for patent infringement around the globe. In June Judge Lucy Koh for the US District Court for the Northern District of California [official website] rejected [JURIST report] a request by Apple for a preliminary injunction against four Samsung products, including the Galaxy Tab 10.1, because the court does not have jurisdiction over the case. In May, Samsung had appealed the decision [opinion, PDF] of the Court of Appeals for the Federal Circuit [official website] that remanded [JURIST report] the case to the district court giving Apple another opportunity to ban Samsung's Galaxy products in the states. In March, Samsung filed a suit [JURIST report] against Apple in the Seoul Central District Court in South Korea alleging Apple infringed three of its utility patents. During the same month, a German court dismissed [JURIST report] claims from both sides making it the 14th case decided between the two companies in Germany. Samsung alleged that Apple violated its patents for 3G technology while Apple argued that Samsung violated its patents on slide-to-unlock technology.




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Federal judge strikes down part of Chicago gun law
Rebecca DiLeonardo on June 20, 2012 9:26 AM ET

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[JURIST] A judge for the US District Court for the Northern District of Illinois [official website] on Tuesday struck down [opinion, PDF] a portion of the Chicago Firearms Ordinance [text, PDF], saying the standard was unconstitutionally vague. Judge Samuel Der-Yeghiayan struck down a section of the act which prevents firearm purchase by individuals who have "been convicted by a court in any jurisdiction of ... unlawful use of a weapon that is a firearm." Chicago resident Shawn Gowder filed this suit when his application for a handgun was denied due to a 1995 misdemeanor conviction of possession of a firearm. Der-Yeghiayan explained that an ordinance is unconstitutionally vague if a person of ordinary intelligence is unable to understand what is prohibited. In his decision on the law, he said that it is not immediately apparent that the law prohibits issuing a permit to a person convicted of non-violent possession of a firearm:
Section (b)(3)(iii) of the Chicago Firearm Ordinance does not provide a person of ordinary intelligence a reasonable opportunity to know what is prohibited, in that it does not define the term "unlawful use of a weapon..." A person of ordinary intelligence would understand or interpret the term "unlawful use of a weapon that is a firearm" to mean using a firearm for an unlawful purpose, and not mere unlawful possession. ... There is something incongruent about a nonviolent person, who is not a felon but who is convicted of a misdemeanor offense of simple possession of a firearm, being forever barred from exercising his constitutional right to defend himself in his own home in Chicago against felons or violent criminals.
Gowder was supported in his suit by the National Rifle Association (NRA) and the Illinois State Rifle Association (ISRA) [advocacy websites]. The city of Chicago did not indicate if they will appeal the decision.

Chicago lawmakers have struggled to limit firearm possession in the city without violating the Constitution. The Chicago City Council unanimously approved [JURIST report] the Chicago Firearm Ordinance in July 2010, imposing strict regulations on firearm possession. Under the ordinance, residents who possess firearms are required to keep them inside their homes, and are not permitted to take their guns into the yard, garage or porch of the home. The legislation was enacted four days after the US Supreme Court ruled in McDonald v. Chicago [Cornell LII backgrounder; JURIST report] that the Second Amendment right to bear arms is applicable to the states as well as the federal government. The decision effectively struck down Chicago's former handgun ban, as it prohibited citizens from keeping handguns in their homes under any circumstances. The court's ruling in McDonald cited the holding in District of Columbia v. Heller [JURIST report] where the court held that the Second Amendment protects the right to possess a handgun in the home for the purpose of self-defense.




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Kuwait court invalidates newly elected parliament
Sung Un Kim on June 20, 2012 9:24 AM ET

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[JURIST] The Constitutional Court of Kuwait on Wednesday held that this year's election for the new parliament [official website, in Arabic] was unconstitutional and the previous parliament of 2009 should be reinstated, state agency Kuwait News Agency (KUNA) [official website] reported. The court's decision to nullify [KUNA report] the current parliament came only two days after Kuwait's ruler Sheikh Sabah al-Ahmad al-Sabah [BBC profile; JURIST news archive] suspended [NYT report] the parliament for a month in response to escalating tensions between the more liberal, western-backed lawmakers and the Islamist-led lawmakers. The tension grew when two cabinet ministers resigned under the pressure of the Islamist-led lawmakers who tried to gain more seats. The previous parliament is seen to be more supportive of the government and Wednesday's decision is deemed to be final and cannot be appealed.

A similar ruling took place last week when the Supreme Constitutional Court of Egypt dissolved [JURIST report] the Egyptian Parliament [official websites] because it found that one-third of the parliament's members were elected illegally. The court, by invalidating the entire parliament, affirmed the lower court's decision of February [JURIST report] when the High Administrative Court of Egypt ruled that voting system used in the recent parliamentary election was unconstitutional. During the election, two-thirds of parliamentary seats were apportioned to political parties while the remaining ones were given to individuals. The court held that this apportionment was against the country's constitution which provides that half of the seats should be held for individuals.




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US lawmaker introduces bill to block new immigration policy
Saheli Chakrabarty on June 20, 2012 8:28 AM ET

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[JURIST] US Congressman Ben Quayle (R-AZ) [official website] on Monday introduced a bill aimed at blocking the Obama adminstration's decision last week to stop deporting many illegal immigrants. President Barack Obama's administrative action will temporarily stop deporting many illegal immigrants [JURIST report] under the age of 30 who were brought to the US as children. Quayle's "Prohibiting Back-door Amnesty Act of 2012" reveals a divide [LAT report] within the Republican party, as some lawmakers subscribe to a more rigid immigration policy, while others are more willing to allow illegal immigrants—particularly the youths—to remain in the country. Quayle issued the following statement [press release]:
President Obama and Secretary Napolitano's decision to end the enforcement of many of our nation's immigration laws is stunning in both its arrogance and shortsightedness. This end-run around Congress was a direct rebuke to the principle of three co-equal branches of government outlined in our constitution and more broadly, our entire system of laws. My bill, the 'Prohibiting Back-door Amnesty Act of 2012' prohibits the implementation of this outrageous edict. I hope Congress will join me in taking immediate action to uphold our nation's laws. It's time for Congress to send a loud and clear message to the Obama Administration that its efforts to circumvent the legislative branch and ignore our nation's laws will not stand.
The President's policy will exercise discretion toward undocumented immigrants who were under 16 years old when they entered the US, have continuously resided in the US for at least five years, have graduated high school or served in the armed forces, have not committed a crime and are under the age of 30.

Immigration [JURIST backgrounder] has been a contentious issue recently. Last week the American Civil Liberties Union (ACLU) [advocacy website] called for the immediate release [JURIST report] of immigrants being held in detention units in a prison in Arizona, alleging that the prison conditions violate the US Constitution. Earlier this month a federal judge heard arguments [JURIST report] to determine whether Arizona citizens may join in a class action lawsuit challenging the state's controversial immigration law [SB 1070, PDF; JURIST news archive]. In May a federal judge ruled [JURIST report] that several Arizona residents have standing to challenge SB 1070. Earlier in May, the US Supreme Court [official website] ruled [JURIST report] that immigrant children cannot rely on their parents' immigration status.




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