JURIST Supported by the University of Pittsburgh
PAPER CHASE ARCHIVEDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.
Listen to Paper Chase!


Legal news from Wednesday, July 4, 2012




Somalia signs UN-backed plan to end use of child soldiers
Jennie Ryan on July 4, 2012 2:24 PM ET

Photo source or description
[JURIST] The Transitional Federal Government of Somalia [CFR backgrounder] on Wednesday signed an action plan [press release, PDF] to be implemented with the goal of ending the recruitment of child soldiers in the region. Somali Deputy Prime Minister Hussein Arab Isse signed the action plan, which is backed by the UN Political Office for Somalia (UNPOS) [official website], at a meeting of the International Contact Group on Somalia in Rome. Full compliance with the terms of the plan will result in the Government of Somalia being removed from the UN Secretary-General's list of parties who recruit and use children. Under the plan, the Government of Somalia is committed to:
1) Ending and preventing the recruitment and use of children in Somalia's National Armed Forces; 2) With the support of the United Nations, reintegrating all children released from Armed Forces; 3) Criminalizing the recruitment and use of children through national legislation; [and] 4) Providing the UN with unimpeded access to military installations to verify the presence of children.
The plan is specifically aimed toward an end to the recruitment and use of children by the Somali National Armed Forces. The Government of Somalia has committed to signing a second action plan to protect children from being killed and maimed sometime this month.

In February, Somalia [DOS backgrounder; JURIST news archive] reached an agreement [JURIST report] at the Garowe II Constitutional Conference [Garowe Online report] to organize diplomats and establish a federal constitution. However, Somalia has been under heavy criticism for human rights violations. In August, Human Rights Watch (HRW) advocacy website] accused [JURIST report] parties in the Somalia conflict to be involved in abuses of citizens and urged them to cease all of such activities immediately. In July, Amnesty International (AI) [advocacy website] release [JURIST report] a report which alleged that children continued to be victims of the conflict. In the 2010 Country Reports on Human Rights Practices [materials] however, noted [JURIST report] progress in Somalia for human rights. In 2009, UN High Commissioner for Human Rights Navi Pillay [official profile] said [JURIST report] that human rights violations committed during Somalian conflicts may amount to war crimes [press release].




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Michigan governor vetoes voter identification legislation
Jennie Ryan on July 4, 2012 1:54 PM ET

Photo source or description
[JURIST] Michigan Governor Rick Snyder (R) [official website] on Tuesday vetoed several measures in a series of new legislation that included amendments to the state's election laws. Two of the vetoed bills would have required voters to produce photo identification for absentee voting and to confirm their citizenship before voting [HB 5061 veto letter] and a third would have required voter registration groups to undergo training [SB 754 and SB 803 veto letter]. Snyder cited concern [press release] that the vetoed measures would create confusion among absentee voters and that the vetoed measures might interfere with ongoing voter registration efforts. At the same time, Snyder signed a number of other measures designed "to increase election transparency, prevent election fraud and provide consistency across all voting locations" including measures to "ensure proper handling of election materials by establishing election clerk education programs as well as a post-election review process" and to "require any political party attempting to qualify as a new recognized party in Michigan to report on their spending." Snyder is the first Republican governor to veto [Reuters report] one of the spate of voter identification laws to pass through state legislatures in the past two years.

There are now 31 US states [NCSL backgrounder] that require voters to present some form of ID at the polls, including 15 states that require photo ID, but the issue remains controversial. In March a Wisconsin judge in the Dane County Circuit Court [official website] issued an injunction [JURIST report] temporarily blocking enforcement of the state's controversial new voter identification law, Wisconsin Act 23 [text, PDF]. In August South Carolina's Senate Minority Caucus filed an objection [JURIST report] with the US Department of Justice (DOJ) [official website], asking it to reject the state's new voter identification law. In June, Missouri Governor Jay Nixon [official website] vetoed [JURIST report] a law requiring persons to present photo identification at voting booth. Last March the Georgia Supreme Court [official website] upheld [JURIST report] a law requiring voters to present one of six government-issued photo identifications in order to vote. In contrast, a three-judge panel for the US Court of Appeals for the Ninth Circuit [official website] struck down [JURIST report] a portion of Arizona law requiring proof of citizenship for voter registration in October 2010.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Myanmar president grants amnesty to 25 political prisoners
Sarah Paulsworth on July 4, 2012 11:29 AM ET

Photo source or description
[JURIST] Myanmar president Thein Sein [BBC profile] on Tuesday granted amnesty to 37 male prisoners and nine female prisoners on humanitarian grounds. Among those released are at least 25 political prisoners [list], according to the Assistance Association for Political Prisoners - Burma (AAPP-B) [official website]. Upon hearing of the amnesty, Noble Peace Prize winner Aung San Suu Kyi [BBC profile; JURIST news archive] called for the release [AP report] of hundreds of other political prisoners who remain in jail in Myanmar. Amnesty International (AI) [advocacy website; press release] cautiously applauded the release of the prisoners, stating:
Amnesty International welcomes the release of some political prisoners, but it is shameful that the Myanmar government continues to incarcerate hundreds of its citizens just for exercising their basic rights to freedom of expression and assembly. All prisoners of conscience must be released immediately.
As of Wednesday AAPP-B reported that there are 441 confirmed political prisoners whose whereabouts are verified [list] and an additional 473 political prisoners whose whereabouts are currently under verification [list].

In June Aung San Suu Kyi urged the international community to support Myanmar [JURIST report] in its attempt to build a stronger democracy and uphold the rule of law. UN Secretary-General Ban Ki-moon [official profile] welcomed the release of hundreds of political prisoners in October of last year while calling [JURIST reports] the country to free the remaining prisoners as well. A month earlier Myanmar formed [JURIST report] the Myanmar National Human Rights Commission (MNHRC) to promote and safeguard the country's constitutional rights. In November 2010 the Myanmar Police Force released [JURIST report] Suu Kyi in November 2010 from her almost eight years house arrest.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Cairo Court voids 1954 ban on Muslim Brotherhood
Sarah Paulsworth on July 4, 2012 10:53 AM ET

Photo source or description
[JURIST] Egypt's Criminal Court in Cairo issued a decision on Monday voiding a ban [Muslim Brotherhood report] on the Muslim Brotherhood (MB) [party website, in Arabic; JURIST news archive] that has been in place since 1954. In considering a case alleging that MB leader Osama Suleiman joined a group founded in contravention of the law, the court ruled that at the time of its founding MB acted in accordance with existing non-governmental organization (NGO) laws. However, subsequent to the 1952 revolution [Egypt News backgrounder], MB came to be viewed as a political party and a new law that disbanded political parties was wrongfully applied [Daily News Egypt report] to the group. The Cairo court reasoned that the Revolutionary Command Council's application of the political party law on MB turned the organization into a political party against the wishes of MB's membership. The court therefore ruled that the MB ban of 1954 was null and void, and the organization cannot be characterized as having been illegally established. On Sunday MB announced that it will seek registration as an official NGO [Muslim Brotherhood report].

The Muslim Brotherhood was founded in 1928 and was officially banned by the Egyptian government first in 1948 and again in 1954. In June 2011 an Egyptian elections commission approved the formation [JURIST report] of the MB's Freedom and Justice Party (FJP). Incumbent president of Egypt Mohamed Morsi [State Information Service profile, in Arabic], who was just sworn-in last week [JURIST report], was the FJP presidential candidate and has been a longtime member of MB, although he resigned from FJP [NYT report] at the end of June after winning the presidential election.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


North Carolina legislature overrides veto of death penalty legislation
Saheli Chakrabarty on July 4, 2012 7:45 AM ET

Photo source or description
[JURIST] The North Carolina General Assembly [official website] on Monday voted to override the veto of Governor Beverly Perdue [official website] regarding legislation [SB 416 materials] that will essentially nullify the state's Racial Justice Act (RJA) [PDF]. Signed into law by Perdue in 2009, the RJA allows an individual sentenced to death to present evidence to prove that racial bias was a major factor in applying the sentence. Last week Perdue vetoed new legislation designed to seriously weaken the RJA [Reuters report] through restrictions on convicts' use of statistical evidence in challenging their sentences. Perdue vetoed the legislation on the ground that it rendered the original law meaningless. However the legislature gathered the three-fifths vote needed to override Perdue, succeeding where it had fallen short of overriding a veto of similar legislation in 2011. Perdue stated in her veto message,
Last year ... the General Assembly tried — and failed — to take North Carolina backwards by passing a bill that would have undone the Racial Justice Act. This year's Senate Bill 416 is not a "compromise bill"; it guts the Racial Justice Act and renders it meaningless. ... [The] majority in the General Assembly could have tried to strengthen our efforts to fix the flaws in our system. Instead, they chose to turn a blind eye to the problem and eviscerate the Racial Justice Act. Willfully ignoring the pernicious effects of discrimination will not make those problems go away.
Regardless, the Senate voted 31-11 and the House voted 82-48 to override Perdue's veto, with proponents of the new legislation claiming the RJA is merely an attempt to undermine North Carolina's death penalty.

The new legislation came on the heels of a state judge's decision in April to commute a death row inmate's sentence [JURIST report] to life in prison without parole. The judge vacated the death sentence of Marcus Reymond Robinson after determining that racial bias was a major influence behind the original sentence, passed 18 years ago. Specifically the judge determined that race was a significant factor in choosing members of the jury for Robinson's trial. Also in April, in contrast to the legislative moves in North Carolina, the Connecticut legislature voted to repeal the death penalty [JURIST report] completely in that state, although earlier attempts to abolish the sentence through referendum were unsuccessful upon final vote.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Federal appeals court to review US Marine murder conviction
Saheli Chakrabarty on July 4, 2012 7:27 AM ET

Photo source or description
[JURIST] The US Court of Appeals for the Armed Forces [official website] on Monday decided to hear the appeal of a former US Marine convicted of the 2006 murder of an Iraqi policeman. The court approved a review in the case of Sgt. Lawrence Hutchins III on a petition claiming that Hutchins' constitutional rights were violated when he was held for seven days in solitary confinement without access to an attorney [AP report]. The court will also determine whether Hutchins' rights were encroached upon when he was interrogated by the Naval Criminal Investigative Service even after Hutchins had invoked his right to counsel. The petition also claims that Navy Secretary Ray Mabus unlawfully influenced the case post-conviction. Hutchins was convicted in 2007 [JURIST report] of murder, conspiracy to commit murder, making a false official statement and larceny for his role in the April 2006 kidnapping and murder of Iraqi civilian Hashim Ibrahim Awad in Hamdania [USMC materials; JURIST news archive] in Al Anbar province. Hutchins was originally sentenced to 15 years in prison [JURIST report], but the sentence was afterward reduced to 11 years. He has served five years to date.

A military judge ordered Hutchins' release in 2010, two months after his conviction was reversed [JURIST reports] by the Navy-Marine Court for Criminal Appeals [official website], which cited lack of a fair trial. In addition to Hutchins' original conviction, six Marines pleaded guilty [JURIST report] to charges related to their roles in the incident, in which Awad was removed from his residence and killed, then arranged with a shovel and firearm to appear as if he were planting an improvised explosive device. The murder trial of another US Marine began in January in the Western Judicial Military Circuit Court at Camp Pendleton [official website], in which a US Marine squad leader was charged with having been responsible for the deaths of 24 Iraqi civilians in November 2005. Such investigations are not limited to the Iraq conflict, as in May 2010 when the US Department of Defense (DOD) [official website] announced an investigation [JURIST report] into allegations that a "small number" of soldiers are responsible for the unlawful deaths of three civilians in Afghanistan war [JURIST news archive].




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page

For more legal news check the Paper Chase Archive...


LATEST OP-ED

Is Egypt's Stance on the Blue Nile Dam Legally Justified?
DOMESTIC
Zeray Yihdego
University of Aberdeen School of Law

Get JURIST legal news delivered daily to your e-mail!

SYNDICATION

Add Paper Chase legal news to your RSS reader or personalized portal:
  • Add to Google
  • Add to My Yahoo!
  • Subscribe with Bloglines
  • Add to My AOL

E-MAIL

Subscribe to Paper Chase by e-mail. JURIST offers a free once-a-day digest [sample]. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.


R|mail e-mails individual Paper Chase posts through the day. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.

PUBLICATION

Join top US law schools, federal appeals courts, law firms and legal organizations by publishing Paper Chase legal news on your public website or intranet.

JURIST offers a news ticker and preformatted headline boxes updated in real time. Get the code.

Feedroll provides free Paper Chase news boxes with headlines or digests precisely tailored to your website's look and feel, with content updated every 15 minutes. Customize and get the code.

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org