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Legal news from Friday, July 6, 2012




Obama signs bill capping student loan interest rates
Max Slater on July 6, 2012 4:20 PM ET

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[JURIST] US President Barack Obama [official profile] signed legislation [HR 4348, PDF] on Friday that prevents the interest rate on student loans from increasing and maintains jobs on infrastructure and transportation projects nationwide. The bill keeps the interest rate on subsidized Stafford loans from doubling [C-SPAN report] from 3.4 percent to 6.8 percent, as it was scheduled to do absent Congressional action. The bill also allowed [AP report] more than $100 billion over 27 months to be spent on mass transit, highway and other transportation projects. Funding for these projects was set to expire on June 30. The bill passed 373-52 in the House and 74-19 in the Senate [roll call votes] at the end of June.

President Obama has advocated for student loan reform during his presidency. In March 2010 Obama signed into law [JURIST report] a bill that removed banks and private lenders as providers for federal student loans and place that responsibility with the government. Obama declared that this reform would make the student loan system work for students rather than for banks and other lenders. Political opponents have criticized [NYT report] the student loan legislation as being harmful to the economy.




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Security Council extends UN mandate for South Sudan
Sung Un Kim on July 6, 2012 4:06 PM ET

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[JURIST] The UN Security Council [official website; press release] on Thursday adopted a resolution [RES/2057 (2012), PDF] granting a one-year mandate extension for the UN Mission in South Sudan (UNMISS) [official website] through June 15, 2013. The Council left the South Sudan [BBC News backgrounder; JURIST news archive] mandate unchanged, stressing the need to protect civilians, establish monitoring mechanisms and report the flow of personnel, arms and related material across the border of neighboring Sudan [BBC News backgrounder; JURIST news archive]. Along with the adoption of the resolution, the Security Council called both on member states to increase their support for South Sudan, and on the country's government to take greater responsibility for civilian protection. Additionally, Human Rights Watch (HRW) [advocacy website] on Thursday called [HRW report] on South Sudan to mark its first anniversary on July 9 by releasing all unlawfully detained prisoners, guaranteeing freedom of speech and ratifying all key international human rights treaties. South Sudan was recognized as an independent state [JURIST report] in July 2011, making it the world's 193rd nation.

South Sudan is still facing human rights violations and need for improving the situation with Sudan. In late June UNMISS urged [JURIST report] the government to adopt a plan to prevent further inter-communal violence [press release] in Jonglei State. UNMISS provided nine recommendations for the country to avoid similar violence and conflicts in the future, including the development a "comprehensive, multi-sectorial plan with short, medium and long-term actions to respond to the main causes of the violence in Jonglei State" while maintaining support for the peace process that has already launched. In February HRW had called on [JURIST report] South Sudan to investigate the ethnic conflict sparked by the attacks made on Murle villages and to prosecute those responsible for the violence. In December around 6,000 to 8,000 armed Lou Nuer youths calling themselves "White Army" invaded the Murle villages for 12 days, robbing and burning houses and killing thousands of people. In response the Murle groups initiated retaliatory attacks on Lou Nuer and Bor Dinka areas which lasted until February 4. In April the Sudanese government declared a state of emergency [JURIST report] on the South Sudan border after the arrest of four people who the Sudanese claim were arrested for aggression against the north in the contested Heglig oil fields.




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Mexico authorities confirm presidential election results
Sung Un Kim on July 6, 2012 3:50 PM ET

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[JURIST] The electoral victory of Enrique Pena Nieto [official website, in Spanish] of the Mexico's ruling party Partido Revolucionario Institucional (PRI) [party website, in Spanish] was confirmed by a final vote count on Friday. Nieto, however, is still facing legal challenges [JURIST report] brought by his opponent Andres Manuel Lopez Obrador [official website, in Spanish] of the left wing party Partido de la Revolucion Democratica (PRD) [party website, in Spanish]. Obrador came in second 6.62 percent behind Nieto, who won the election with 38.21 percent of the vote. The numbers were confirmed after the Federal Electoral Institute (IFE) [official website, in Spanish] recounted around half of results from the election's 143,132 polling stations. The newly elected Nieto was accused of having bought votes by distributing 1.8 million gift cards that amounted to billions of pesos.

A similar tension between presidential candidates occurred in 2006 when the incumbent Mexican president Vicente Fox [Britannica profile] was blocked [JURIST report] from delivering the traditional state of the nation address before the country's Congress [official website, in Spanish] by protesting leftist lawmakers supporting presidential candidate Obrador. In August the country's Federal Electoral Tribunal (FET) [official website, in Spanish] rejected most challenges dismissing fraud allegations brought by Obrador who filed over 200 separate complaints challenging the preliminary vote count [JURIST reports]. During the same month supporters of Obrador had gathered outside of the FET to protest the court's decision not to hold a full recount [JURIST reports] of July's election.




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Argentina sentences former dictators for kidnapping children during war
Sung Un Kim on July 6, 2012 3:06 PM ET

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[JURIST] Argentina's Poder Judicial de la Nacion [official website, in Spanish] on Thursday sentenced [opinion, in Spanish] two former Argentine dictators to a total of 65 years in prison for their involvement in the systematic kidnapping of babies from leftist activists detained and killed during the nation's 1976-1983 "Dirty War" [GlobalSecurity backgrounder; JURIST news archive]. Jorge Videla [JURIST news archive], who ruled from 1976 to 1981, was sentenced to 50 years while Reynaldo Bignone [JURIST news archive], who ruled from 1982 to 1983, was sentenced to 15 years in prison. Several other military officials involved in the kidnappings also received sentences of up to 40 years. Detainees gave birth in captivity without being given the opportunity to see the babies, who were given to soldiers or to friends of soldiers, while the mothers were forced to jump out of military planes over the sea. Videla, who is already sentenced to life imprisonment [JURIST report] for crimes against humanity, had argued that the women were members of terrorist groups and that they used the children as shields. Several rights groups such as Grandmothers of the Plaza de Mayo [advocacy website, in Spanish] welcomed Thursday's decision but expressed their disappointment for the mild sentence, stating that they will continue to work for harsher sentence against the perpetrators.

The case against the two dictators commenced [JURIST report] in March 2011. They were accused in 34 separate cases of infants who were taken from mothers held in clandestine torture and detention centers, the Navy Mechanics School [backgrounder, in Spanish] and Campo de Mayo army base. The case was initially brought by Grandmothers of the Plaza de Mayo 14 years ago against five military judges and a doctor who attended to the detainees. In addition to this case, Argentina has initiated several proceedings against those responsible for war crimes during the war. In June 2010, an Argentine federal court began to hear [JURIST report] its case against five ex-military officials allegedly responsible for the death of 65 left-wing activists during the war. A month earlier Argentine authorities arrested [JURIST report] former secret service agent Miguel Angel Furci on charges of human rights abuses.




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Thailand court begins constitutional amendment case
Sung Un Kim on July 6, 2012 1:53 PM ET

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[JURIST] The Constitutional Court of Thailand [official website] on Thursday began its hearing over claims that the country's prime minister's party is planning to amend the constitution, thereby threatening the monarchy. Opposition Democrats have accused that the party of Prime Minister Yingluck Shinawatra [BBC News profile; JURIST news archive], the Puea Thai party [party website, in Thai], is seeking to amend the constitution in order to allow the Prime Minister's brother, Thaksin Shinawatra [BBC News profile; JURIST news archive] to reenter the country. Thaksin was the former prime minister of Thailand who left office after allegations of corruption and conflicts of interest. He is currently in a voluntary exile to avoid jail sentence for the charges against him. The Puea Thai party has denied the allegations and claimed that it does not have the intention claimed. If the court rules that the party's constitutional amendment threatens the monarchy, the party may be dissolved.

Thailand's political system has remained unstable following the coup that ousted Thaksin in 2006. The PM's party has been constantly criticized and attacked by opposition democratic parties. Last August, a Thai court acquitted Pojamarn Shinawatra [JURIST news archive], the ex-wife of Thaksin, overturning a tax evasion conviction [JURIST report] of 2008. She had been convicted for transferring stocks in the amount of $16.3 million to her step-brother and secretary, who were sentenced to three and two years, respectively. In July of last year, lawyers associated with the Democrat Party filed documents with the Election Commission challenging [JURIST report] the Puea Thai party's victory in the 2011 election. They accused the party of having involved the former PM and other banned politicians during the campaign seeking the dissolution of the party. In February, seven "red shirt" [BBC profile; JURIST news archive] opposition leaders detained during anti-government protests [JURIST news archive] that began last March were released [JURIST report] on bail by a Thai court. They had been arrested on terrorism charges during the demonstration.




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Chinese lawmaker challenges Hong Kong election results
Sung Un Kim on July 6, 2012 1:11 PM ET

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[JURIST] Chairman of the Chinese Democratic Party [party website, in Chinese] Albert Ho [official website] on Thursday challenged the election of Hong Kong's new leader Leung Chun-ying [BBC News profile]. Ho filed two separate lawsuits seeking to overturn the election results [AFP report], claiming that Leung made false and misleading statements during the election. Leung, a land surveyor, pledged that his house had no illegal improvement works but local media last week discovered [South China Morning Post report] his house containing six illegal structures. The newly elected leader was forced to demolish the structures and to publicly apologize. Leung's main rival Henry Tang lost a significant number of supporters [BBC News report] after it was found that his house contained an illegal basement used as an entertainment suite, a jacuzzi and wine cellar. Leung was chosen by a committee of 1,200 business leaders and other influential citizens who support Beijing. Ho, who also ran in the election but finished third, argued that the election was far from democratic and fair. It was reported that over 400,000 people participated in a demonstration on Sunday against Leung's leadership and Beijing's involvement in the local affairs, the demonstration taking place only hours after Leung was sworn in as the chief executive.

In late June a Chinese court in the southwestern city of Chongqing overturned the sentence [JURIST report] of a Chinese blogger and former forestry employee for lack of evidence. He had been detained for a year in a police-run labor camp for posting a brief poem on his microblog criticizing and mocking a former Communist Party chief in the city, Bo Xilai [China Vitae profile], and his former police chief, Wang Lijun [China Vitae profile], who had used force against critics and accused gang leaders. During the same month dissident artist Ai Weiwei [BBC News profile] was banned from attending the first hearing in the case brought by his company, Fake Cultural Development Ltd., against Beijing tax authorities, despite the fact that the Chinese court had agreed to hear [JURIST reports] the case in early May. Also in May the blind Chinese human rights activist Chen Guangcheng [BBC News profile; JURIST news archive] asked the US to increase its effort in promoting the rule of law in China a week following his arrival in New York after he left the US embassy [JURIST reports].




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Confederacy advocacy group to appeal dismissal of challenge to city flag ordinance
Rebecca DiLeonardo on July 6, 2012 11:05 AM ET

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[JURIST] The Sons of Confederate Veterans (SCV) [advocacy website] on Wednesday signaled to the US District Court for the Western District of Virginia [official website] that the group will appeal the court's decision to dismiss the SCV's legal challenge to a Lexington city ordinance relating to the display of the Confederate flag on municipal flagpoles. The ordinance in question bans the display [AP report] on any city flagpole any flag that is not the US, state or city flag. As such, the Confederate flag is effectively banned from display on municipal flagpoles. In its lawsuit the SCV alleged that the ordinance violates the First Amendment [Cornell LII backgrounder] by regulating expression based on content. The district court judge dismissed the suit [JURIST report], finding that the ordinance does not discriminate against a particular viewpoint, but rather "prohibits the expression of all private viewpoints." The Rutherford Institute [advocacy website] filed the notice of appeal on behalf of the SCV, intending to appeal to the US Court of Appeals for the Fourth Circuit [official website].

The Confederate flag has long been a subject of controversy. In August 2008 the US Court of Appeals for the Sixth Circuit [official website] upheld [JURIST report] a Tennessee high school's ban on wearing the Confederate flag in a lawsuit brought by students who said the ban violated their freedom of speech, equal protection and due process rights under the US Constitution. In 2003 the US Court of Appeals for the Fourth Circuit upheld [JURIST report] the dismissal of a suit filed by a man who was fired for displaying Confederate flag stickers at work [NYT report].




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ICTR transfers genocide convicts to Mali prison
Sung Un Kim on July 6, 2012 10:53 AM ET

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[JURIST] The International Criminal Tribunal for Rwanda (ICTR) [official website] on Wednesday reported that it has transferred four individuals convicted for their involvement in the 1994 Rwandan genocide [BBC News backgrounder; JURIST news archive] to the Republic of Mali [BBC backgrounder] . The four convicts, who include Theoneste Bagosora [ICTR materials], called the "kingpin" of the genocide, were transferred to a Mali prison [press release] to serve their sentences. The other three transferred convicts were Yusuf Munyakazi, Tharcise Renzaho and Dominique Ntawukulilyayo [case materials]. Another four convicts were transferred last Friday to the Republic of Benin [BBC backgrounder] making the total number of convicts serving their sentence in that country to 16. Those transferred to Benin include Aloys Ntabakuze, Ildephonse Hategekimana, Gaspard Kanyarukiga and Callixte Kalimanzira [case materials]. The ICTR has sent a total of 20 convicts to Mail's detention facility.

In May the ICTR reduced the sentence of Ntabakuze and affirmed the sentences of two others. Ntabakuze's sentence was reduced from life in prison to 35 years after the court heard his appeal [JURIST reports] last fall. Last December the Appeals Chamber of the ICTR lowered [JURIST report] the sentence of Bagosora from life to 35 years in prison. The court had overturned several of his convictions but upheld the conviction for genocide and crimes against humanity. The ICTR also reduced the life sentence of Anatole Nsengiyumva [ICTR materials] to 15 years, reversing several of his convictions. He was released for time served.




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ICC lawyer says Gaddafi son will not receive fair trial
Rebecca DiLeonardo on July 6, 2012 10:14 AM ET

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[JURIST] A lawyer for the International Criminal Court (ICC) [official website] who was recently released from detention in Libya stated Friday that she did not believe Libya could hold a fair trial for Saif al-Islam Gaddafi [BBC profile; JURIST news archive], the son of former Libyan leader Muammar Gaddafi [BBC obituary; JURIST news archive]. Melinda Taylor was detained by Libyan authorities for nearly four weeks for allegedly passing illicit information to Saif al-Islam in a Libyan prison. She maintains that her detention in the country was unjustified. Taylor and three other ICC staff members were detained by Libyan authorities while on an official mission to meet with Saif al-Islam and assist with his legal defense. The ICC has expressed concern about Libya's ability to give Saif al-Islam a fair trial since he was captured [JURIST report] by Libyan rebel forces in November. Taylor said the actions of Libyan authorities have demonstrated that they are incapable of holding a fair and impartial trial [BBC report].

Last month a pre-trial chamber of the ICC granted a request by the Libyan government to postpone an order to transfer [JURIST report] Saif al-Islam to ICC custody. The Libyan government formally challenged [JURIST reports] the right of the ICC to try Saif al-Islam in May, arguing that, under the Rome Statute [text], the ICC only has jurisdiction over a case being investigated by a State government unless "the State is unwilling or unable genuinely to carry out the investigation or prosecution." In April former ICC chief prosecutor Luis Moreno-Ocampo asked the ICC to report Libya to the UN Security Council [JURIST report] for failing to turn over Saif al-Islam. Libya expressly denied [JURIST report] the ICC's request for such action and stated that Saif al-Islam will face trial within the country.




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California Senate passes immigration bill protecting non-felony detainees
Max Slater on July 6, 2012 10:00 AM ET

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[JURIST] The California Senate [official website] Thursday approved a bill that prevents local police officers from turning over a detained individual to federal immigration authorities unless the detainee has been convicted of a felony. The California Trust Act [AB 1081, materials] passed the Senate by a vote of 21-13 and seeks to prevent allegedly unjust detentions for undocumented immigrants who have not committed felonies, as well as limit the strain that federal immigration laws impose on local authorities. Assemblyman Tom Ammiano [official website], who sponsored the bill, declared that it provides an alternative model to more restrictive immigration laws [Reuters report] such as Arizona's. The bill passed the state Assembly by a vote of 47-26. It will go back to the Assembly later this summer for a concurrence vote before heading to governor Jerry Brown.

Immigration [JURIST backgrounder] has been a contentious topic in the US in recent years. Last week the US Supreme Court [official website] partially struck down Arizona's immigration law [opinion PDF; JURIST report], but upheld a controversial provision that requires police officers to check the immigration status of anyone whom they arrest. Arizona Governor Jan Brewer [official website] stated [JURIST report] following the Supreme Court's decision that future enforcement of Arizona's immigration law will not violate the US Constitution. Earlier in June, the Obama administration issued a directive [JURIST report] to stop deporting many young undocumented immigrants who were brought to the US as children.




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UN Security Council condemns continued hostilities in Mali
Jamie Reese on July 6, 2012 9:04 AM ET

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[JURIST] The United Nations Security Council (UNSC) [official website] passed Resolution 2056 [text] on Thursday to address the continued hostilities in the country of Mali [JURIST news archive] and demand the violence come to an end. The unanimously adopted resolution [UN News Centre report] addresses continued humanitarian concerns and discourages rebel groups from associating with Al-Qaida in the Islamic Maghreb (AQIM), a listed terrorist oraganization. Member states were also asked to submit names of known individuals and groups associated with the AQIM in order for sanctions to be used. The resolution focused on ending the conflict and restoring peace to the region, "recognizing the importance of supporting peace building efforts in order to achieve further progress in the stabilization of the country" by stressing economic development and international support in early recovery activities. Fighting resumed in Mali in January and since has uprooted nearly 320,000 people. The UNSC stated they would continue to examine the matter and encouraged close cooperation between Malian transitional authorities and other countries.

Earlier this week the International Criminal Court (ICC) [official website; JURIST backgrounder] Chief Prosecutor Fatou Bensouda [official profile] told reporters that attacks by Islamist rebels on religious monuments [JURIST report] in Mali will not be tolerated. In May Amnesty International (AI) [advocacy website] released a report saying that Mali is facing its worst human rights crisis [JURIST report] since it gained independence in 1960. Human Rights Watch (HRW) [advocacy website] released a similar report in April claiming that all sides to the conflict are committing war crimes [JURIST report]. Earlier in April the ICC said they would monitor the situation [JURIST report] in Mali for potential crimes under the ICC's jurisdiction. The turmoil began when Taureg rebels attacked Malian soldiers [Al Jazeera report]. Many in the international community have expressed concern over the situation, including the UN Secretary General Ban Ki-Moon, UN High Commissioner for Human Rights Navi Pillay and the UN High Commissioner for Refugees (UNHCR) [JURIST reports]. All of this has come after Malian soldiers took control of the government [JURIST report] and suspended the constitution in March.




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