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Legal news from Thursday, July 12, 2012




Mexico failing to protect women's rights: AI report
Sung Un Kim on July 12, 2012 3:20 PM ET

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[JURIST] Amnesty International (AI) [advocacy website] on Thursday submitted a briefing [report, PDF; press release] to the UN Committee on the Elimination of Discrimination against Women [official website] detailing the failure of the Mexican government to protect women from torture, killings, sexual violence and other ill-treatment. On July 17 the UN Committee is expected to examine its combined seventh and eighth periodic report of Mexico, submitted under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women [official website]. AI reported that the violence against women in the country has risen, including murders. For example, in the state of Chihuahua the homicide rate of women went up sharply from 218 in 2009 to 584 in 2010. Women are also subject to sexual violence such as rape and other forms of sexual assaults by public officials, especially in detention facilities. Pregnant women are criminally sanctioned for abortions, even resulting out of rape, which constitutes a criminal offense in the country. AI provided several recommendations including holding officials responsible for irregularities during initial investigations, ensuring an effective search mechanism for women and girls reported missing, as well as training law enforcement officials and health professionals to take sexual violence seriously.

Mexico is not the only country that has failed to protect women's rights. Women Under Siege [advocacy website] on Wednesday reported [JURIST report] finding 81 instances of sexual assault and rape by military forces in Syria since anti-government demonstrations began in March 2011. In June Human Rights Watch (HRW) [advocacy website] reported [JURIST report] that Syrian forces are sexually abusing men, women and children who have been detained during the ongoing conflict. In January, a UN expert on violence against women urged [JURIST report] Italy to stop the violence against women. The US has also been criticized [JURIST report] for its continued prevalence of violence and discriminatory treatment of women by UN Special Rapporteur Rashida Manjoo [official profile, DOC]. In March 2011 UN High Commissioner for Human Rights Navi Pillay [official profile] called [JURIST report] Tunisia and Egypt to ensure the protection of women's rights guaranteed by their constitutions.




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Canada Supreme Court strikes down tariffs for ISPs that allow media downloads
Rebecca DiLeonardo on July 12, 2012 3:11 PM ET

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[JURIST] The Supreme Court of Canada [official website] on Thursday ruled [judgment] that a tariff imposed on Internet Service Providers (ISPs) that allow media downloads is a violation of the technological neutrality. The court held that in passing the Copyright Act [text] the Parliament did not intend to treat online retailers of digital media differently than stores that sell physical copies of the same product. In its decision, the court ruled that the tariff, imposed by the Canadian Copyright Board, treats digital retailers differently than physical stores, in violation of the principle. The court concluded that imposing tariffs for online transmissions of data creates unnecessary excess costs on a more efficient and convenient method of conducting a transaction.

International concern over Internet freedom has risen recently as people increasingly rely on technology for communication. The UN Human Rights Council last week passed its first-ever resolution to protect the free speech [JURIST report] of individuals online. The resolution was approved by all 47 members of the council, including China and Cuba, which have been criticized for limiting Internet freedom. Last month the Chinese Ministry of Information and Technology revealed its proposed changes to Chinese Internet law [JURIST report] that seek to limit the ability of users to post anonymous comments on micro-blogs and forums. A Bangkok criminal court in May sentenced [JURIST report] Chiranuch Premchaiporn, webmaster of independent Internet news site Prachatai, to an eight-month suspended sentence for failing to delete defamatory comments against Thailand's royal family. Earlier that month, a Dutch court ordered [JURIST report] Internet service providers in the Netherlands to block the file-sharing website The Pirate Bay or else pay a fine of USD $12,750 per day.




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Indonesia cleric imprisoned for violating blasphemy law
Dan Taglioli on July 12, 2012 3:02 PM ET

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[JURIST] An Indonesian court on Thursday sentenced a Shia cleric to two years in prison on blasphemy charges. Chief Judge Purnomo Amin Tjahjo of the Sampang district court announced the sentence of Tajul Muluk, whose teachings were deemed to have deviated from mainstream Islam [AFP report] resulting in "public anxiety" over Muluk's pronouncements. According to court witnesses Muluk specifically taught that Muslims should pray three rather than five times a day, that the Koran was no longer an authentic document and that followers need not make the hajj pilgrimage to Mecca, which is considered one of the five pillars of "mainstream" Islam. Human Rights Watch (HRW) [advocacy website] condemned the ruling [press release], calling on the Indonesian government to "immediately drop all charges and release Tajul Muluk, ... amend or repeal its blasphemy law and abolish the Islamist board known as Bakor Pakem, which formally sits in the Attorney General's Office during investigations of alleged religious offenses." Muluk's village, a largely Shia community, reportedly has been the target of an ongoing hate campaign [Guardian report] by Islamist militants for years. HRW claims that in December after Sunni militants burned parts of the village and forced approximately 500 Shia residents to flee, Muluk was pressured by police to leave the village. A month later the Sampang chief prosecutor, a member of Bakor Pakem, called on the attorney general's office to ban Muluk's teachings and then stated that his Sampang office would press blasphemy charges against Muluk. Muluk was questioned in February and charged with blasphemy in April. HRW further reports that the Ministry of Religious Affairs in Sampang declared they would "supervise" hundreds of Shia to learn Sunni Islam. Muluk has stated he intends to appeal.

An ongoing source of international concern, blasphemy laws [JURIST news archive] are currently in effect in several countries around the world. In March 2011 UN High Commissioner for Human Rights Navi Pillay [official profile] expressed her opposition to Pakistan's controversial blasphemy laws [JURIST report], urging their repeal after the assassination of Pakistani Minister for Minority Affairs Shahbaz Bhatti, a member of Pakistan's Christian minority and outspoken critic of Pakistan's blasphemy laws. In November 2010 Saroop Ijaz, an advocate before the Lahore High Court in Pakistan, wrote that Pakistan's blasphemy laws should be repealed [JURIST op-ed] if the country is to function as a democracy and address the threat of extremism both at home and abroad. He claims that Pakistan's blasphemy laws violate rights enshrined in the International Covenant on Civil and Political Rights (ICCPR), ratified by Pakistan in 2010, and the Universal Declaration of Human Rights (UDHR), to which Pakistan is a signatory. That same month HRW called for the repeal of Pakistan's blasphemy laws [JURIST report] after a Christian woman was sentenced to death by hanging for insulting the Prophet Muhammad [JURIST news archive] during an argument in her village.




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Syria forces using cluster munitions: HRW
Sung Un Kim on July 12, 2012 2:13 PM ET

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[JURIST] Soviet-produced unexploded submunitions and a bomb canister were discovered in Jabel Shahshabu, a mountainous area near Hama in Syria and posted to YouTube [media website], Human Rights Watch [advocacy website] said [press release] Thursday. HRW confirmed the site of discovery by an activist who knows the YouTube poster. Syria is not known to have used cluster munitions in the past and it is not believed that it produces them, but there are reports that it imported cluster munitions. Arms Division Director at HRW Steve Goose [official profile] stated that the first video showed the remnants of a RBK-250 series cluster bomb canister while the second [YouTube videos] showed unexploded 15 AO-1Sch submunitions. An activist in the region told HRW that the remnants were found at a site that was subject to recent bombardments by Syrian forces. The site has been the hiding place for opposition fighters who used the numerous caves as shelters. There have not been any reports of casualties arising out of the cluster munitions. Syria is one of the countries that has neither signed the Convention on Cluster Munitions (CCM) [text; official website] nor ratified it. The CCM bans the use, stockpiling, production and transfer of cluster bombs, weapons that break apart, releasing large numbers of smaller, self-contained explosives which spread out before detonating on impact. The Third Meeting of States Parties to the Convention on Cluster Munitions will be held [press release] in Oslo, Norway on September 11 to 14.

The Convention was initially agreed upon [JURIST report] by nations in May 2008 following 10 days of negotiations at the Dublin Diplomatic Conference on Cluster Munitions [official website] while the US, Russia and China each declined to sign it. In November 2010, the former UN Deputy Secretary-General Asha-Rose Migiro [UN profile] had urged more states to join the CCM at the First Meeting of States Parties [official website]. The CCM officially went into effect in August, six month after UN's announcement [JURIST reports], as binding international law with 107 countries having signed the treaty and 37 countries having ratified it. The CCM was opened for signature in December 2008 at a conference in Oslo, Norway.




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Mali to ask ICC to investigate potential war crimes
Rebecca DiLeonardo on July 12, 2012 1:44 PM ET

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[JURIST] The government of Mali plans to ask the International Criminal Court (ICC) [official website; JURIST backgrounder] to investigate attacks in its northern region, including the destruction of ancient religious shrines, according to its Justice Ministry. Justice Minister Malick Coulibaly said in an interview that the government would ask the ICC to investigate the attacks [Reuters report], which allegedly resulted in the torture and killing of individuals in the rebel-controlled north. ICC Chief Prosecutor Fatou Bensouda [official profile] told reporters last week that attacks by Islamist rebels on religious monuments in Mali will not be tolerated [JURIST report]. Bensouda said that the rebels' destruction of tombs of ancient Muslim saints in Timbuktu may amount to war crimes. The rebels said the saints' tombs are idolatrous. Bensouda said the destruction of the religious and historical landmarks is a violation of the Rome Statute [text] and called on the rebels to end attacks on such buildings.

Recent violence in Mali has raised international concern. In May Amnesty International released a report saying that Mali is facing its worst human rights crisis [JURIST report] since it gained independence in 1960. Human Rights Watch 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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UN rights chief urges Kazakhstan to allow independent probe into December unrest
Sung Un Kim on July 12, 2012 1:18 PM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile; JURIST news archive] on Thursday urged the government of Kazakhstan [BBC backgrounder; JURIST news archive] to allow an independent international investigation [press release] into the unrest last December that resulted in at least 15 deaths and hundreds of injuries. The violence occurred in a remote desert oil town of Zhanaozen when oil workers demanded higher pay and better conditions, but the oil company refused and responded by terminating their employment. Pillay stressed that most of the facts and evidence surrounding the incident are still undisclosed, causing a detrimental effect on the country's reputation. She noted that a thorough investigation would help the country to learn from the incident and address issues prevalent in the country such as torture, infringement of individuals' freedom of expression and assembly, and failure to guarantee fair trial and due process. Pillay pointed out that the country has failed to protect the freedom of assembly of its citizens:
Fundamental human rights such as freedom of expression and freedom of assembly lie at the heart of the Zhanaozen events, and I have heard much concern expressed that the space for public criticism—such an essential part of the democratic process—is now shrinking rather than expanding. Media are only partially reporting difficult stories such as Zhanaozen, which suggests a stifling form of self-censorship brought on by legislation and practices such as the current draconian libel law. I believe a new or amended media law that decriminalizes libel is needed. Freedom of assembly is far too restricted in Kazakhstan, with the organizers held responsible—with heavy penalties—for security which they are powerless to provide, and which should be the responsibility of the police. Such a provision is wide open to abuse, since it gives protestors' opponents an incentive to deliberately create disruptions in order to put them out of action. Groups wishing to make public protests are also subjected to a range of excessively complex or easily abused bureaucratic requirements and restrictions that severely undermine this important fundamental human right. I believe the 1995 law on freedom of assembly should be replaced by a new law that is in accordance with international standards.
With the visit to Kazakhstan, Pillay ended her mission to Kyrgyzstan and Kazakhstan. She began [UNOG report] her visit when she arrived in Kyrgyzstan last Sunday.

In June Human Rights Watch (HRW) [advocacy website] demanded [JURIST report] that the National Security Committee of Kazakhstan [official website] publicly disclose the reason for bringing new charges against a group of labor activists and an oil worker who participated in the December unrest. The committee charged them with "calling for the forcible overthrow of the constitutional order." Earlier that month a court in the country sentenced [JURIST report] 13 out of 37 defendants to between three and seven years of imprisonment for their participation in the December unrest. Sixteen of the remaining defendants faced conditional sentences [BBC report] while five defendants were given amnesty and three were acquitted. During the trial, relatives of defendants threw bottles at the judge, claiming that the defendants were subject to torture during the investigation. Five police officers were sentenced for abuse of power for using excessive force and violence against defendants. Officials, however, claim that they acted out of self-defense. Kazakhstan has been criticized for its failure to comply with international human rights standards. In April, 47 individuals were sentenced [JURIST report] to 15 years imprisonment for their involvement in terrorist attacks and financing extremist activities. However, the trial and information pertaining to it were not entirely accessible to the public, and the lack of transparency has raised concerns of possible human rights violations. In October, Kazakhstan's President Nursultan Nazarbayev [official website, in Kazakh; BBC profile] signed [JURIST report] into law a bill dissolving religious organizations and requiring re-registration. This new bill and its endorsement by the president drew a number of criticisms that the law unnecessarily limits the freedom of religion. The president's signing came after the country's parliament approved [JURIST report] the bill few weeks earlier. In April of last year, the president also fired [JURIST report] six supreme court justices for corruption.




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Federal judge refuses to dismiss shareholder lawsuit against Bank of America
Dan Taglioli on July 12, 2012 1:02 PM ET

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[JURIST] A judge for the US District Court for the Southern District of New York (SDNY) [official website] on Wednesday rejected a motion by Bank of America (BOA) [corporate website] to dismiss a shareholder lawsuit alleging BOA's purposeful concealment of the bank's exposure to billions of dollars in loan repurchase claims and its problematic reliance on an electronic loan registry. Judge William Pauley ruled [order, PDF] that the shareholder plaintiffs' complaint raises a "strong inference" that BOA knowingly or recklessly acted to mislead shareholders regarding its vulnerability to mortgage buyback claims, its reliance on the Mortgage Electronic Registration Systems (MERS) [corporate website] loan registry, its internal controls, and its compliance with accounting and securities rules and regulations. The complaint alleges that BOA made representations and warranties that it had good title to mortgages it sold to third parties and that it had adhered to certain underwriting standards in approving those mortgages. Aside from the accusation that BOA used underwriting standards that were far less stringent than represented, the plaintiffs allege that BOA breached its representations, exposing the bank to billions in mortgage buyback claims from third parties. The situation was caused partly by BOA's use of MERS, a private computerized registry system created by member banks for processing and tracking loans in order to eliminate the need for physically recording a mortgage. When a mortgage is transferred from one MERS member to another, a notation is made in the system without filing a public record of the transfer, and MERS lists itself as the mortgagee. Because there is no public record of the transfer and MERS is the listed mortgagee, courts have ruled that such a loan may be unsecured, and regardless that the issuing bank does not have standing to foreclose on the loan. As such BOA's representations that it held a particular amount of loan assets was rendered misleading by its failure to disclose that MERS "clouded" ownership for a substantial number of those loans. The court dismissed the plaintiffs' claims against individual BOA officers and executives.

The investor plaintiffs in the case maintain that BOA is liable to investors for billions of dollars in repurchase claims as a result of the alleged breaches, and that the BOA misled investors about the magnitude of repurchase claims BOA faced, and so the shareholders claim they were misled into purchasing BOA stock in 2009 and 2010. In 2009 the US Treasury Department [official website] issued a series of rules to restrict executive compensation [JURIST report] for firms that had accepted special assistance from the Troubled Asset Relief Program (TARP) [text]. As such, BOA executives had a strong motivation to repay the $45 billion in federal bailout funds the bank had borrowed, but they could not raise capital through issuance of BOA stock because BOA had already issued all the shares of common stock authorized under its certificate of incorporation. Instead BOA offered Common Equivalent Securities, which would convert into BOA common stock upon shareholder approval of an amendment to BOA's certificate of incorporation. While the amendment was approved and the securities converted to BOA stock, the plaintiffs claim executives concealed BOA's reliance on MERS and its exposure to billions of dollars in repurchase claims to ensure the offering's success, enabling repayment of the TARP funds and freeing the company from the federally imposed executive pay restrictions. In December BOA reached a $315 million settlement of claims brought by investors alleging they were misled with respect to mortgage-backed investments, and a $335 million settlement [JURIST reports] with the Department of Justice, relating to discriminatory lending practices. In June 2011 BOA announced an $8.5 billion settlement [JURIST report] agreement arising from claims that it had sold bad securities that contributed to the housing market collapse.




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UN experts urge Russia to reject bill regulating foreign-funded political groups
Rebecca DiLeonardo on July 12, 2012 12:35 PM ET

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[JURIST] Three UN experts on Thursday urged [press release] the Russian State Duma [official website] not to adopt a controversial bill [materials, in Russian] that will regulate the activities of non-commercial organizations (NCOs) that engage in political activity and receive foreign funding. The special rapporteurs on freedom of association, human rights defenders and freedom of expression expressed particular concern that the law would require the organizations to register as "foreign agents," noting that the Russian term translated as "foreign agents" has a negative connotation that could be associated with espionage. The bill, which is described by its authors as a mechanism to "ensure openness and transparency in the activities of nonprofit organizations," requires NCOs to register with the government, where their publications and activities will be strictly monitored. The three UN experts criticized the legislation, saying it would limit free expression and stigmatize activities of legitimate groups.

Russia has been criticized recently for controversial legislation. The Duma on Wednesday approved [JURIST report] the third reading of a controversial Internet regulation bill. The online encyclopedia Wikipedia had shut down its site [JURIST report] on Tuesday in a one-day protest of the legislation, which it said in an article "may become the basis for real censorship on the internet." In June Russian President Vladimir Putin signed into law [JURIST report] a controversial bill which greatly increases penalties for protesters who violate demonstration regulations. In May prominent Russian gay rights activist Nikolai Alekeyev became the first to be convicted [JURIST report] under a St. Petersburg city ordinance that prohibits the spreading "homosexual propaganda" to minors. People who oppose the new law, which was introduced in November and signed into law [JURIST reports] in April, claim it will prevent gay rights groups from being able to assemble in public.




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Ukraine court postpones Tymoshenko appeal for third time
Rebecca DiLeonardo on July 12, 2012 11:41 AM ET

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[JURIST] A Ukrainian appeals court on Thursday postponed the appeal hearing for former prime minister Yulia Tymoshenko [personal website; JURIST news archive], making this the third postponement in the former prime minister's appeal of her seven-year prison sentence. The case was last postponed in June [JURIST report]. The hearing to consider Tymoshenko's appeal of her conviction on corruption charges [JURIST report] was postponed until August 16 at the request of the prosecution [RFE/RL report] in order to allow time to further examine Tymoshenko's health. Although Tymoshenko has previously indicated that she would discontinue all appeals in Ukrainian courts [JURIST report], she is required to exhaust all national options before appealing to the European Court of Human Rights (ECHR) [official website]. In a statement [text] on her website, one of Tymoshenko's lawyers said the postponement was political and that the prosecution was attempting to "create additional obstacles on the way to the European Court of Human Rights, which is scheduled to consider [her] complaint on August 28." Her lawyers also noted that Tymoshenko has repeatedly asked the court to continue with the appeal in her absence due to her health condition.

Tymoshenko is currently facing additional charges of tax evasion. On Tuesday, a Ukrainian court ruled that the tax evasion trial would be delayed [JURIST report] until July 23 due to Tymoshenko's inability to attend for health reasons. The court had previously postponed a hearing [JURIST report] in that trial and ordered Tymoshenko to be seen by a court-appointed doctor in June after she again failed to appear in court due to health concerns. Tymoshenko is reportedly suffering from a spinal condition which causes her debilitating pain. Earlier that month, the ECHR ended an investigation [JURIST report] into the health care conditions of Tymoshenko, finding that the Ukrainian government provided her with adequate care. She previously alleged that prison guards were beating her [press release, in Ukrainian], and refused to be treated [JURIST report] by prison doctors for back problems, believing they were under the direction of political rival President Viktor Yanukovych. Tymoshenko has already been sentenced to seven years in prison on corruption charges. Ukrainian prosecutors have also indicated that she will face charges [JURIST report] in a 1996 contract killing.




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Torture, ill-treatment of detainees common in Tajikistan: AI report
Sung Un Kim on July 12, 2012 11:37 AM ET

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[JURIST] Torture, beatings and ill-treatment of detainees are common practice in Tajikistan [BBC backgrounder], Amnesty International [advocacy website] said in its report [text, PDF] released on Thursday. The human rights group claimed that the country lacks measures adequately protecting detainees from abuses and ill-treatment and noted that there are more incentives than deterrence for police officers to engage in such practices. Police officers are still evaluated based on cases they solve, compelling them to use torture against detainees to obtain forced confessions. Detainees are also released by paying officers bribes, reportedly resulting in more officers arresting individuals just to get paid. Additionally, victims of such inhumane practices are denied the right to remedy by thorough investigations. Another hurdle for adequate remedies is the intimidation of journalists who report on alleged torture and ill-treatment. Despite the country's efforts to abolish the controversial treatment of detainees by adopting the new Criminal Procedure Code (CPC) in 2010, AI stated that there are still areas of improvements to be made. AI urged the country to amend the CPC to make it comply with international human rights law such as amending the definition of deprivation of liberty. AI also called the government to provide detainees with lawyers of their choice and to pursue against the perpetrators responsible for the torture and other ill-treatments.

Torture and ill-treatment of individuals remain problems throughout the international community. It has been an area that various international organizations and groups have addressed. In June, UN Secretary-General Ban Ki-moon [official profile] urged [JURIST report] the international community to take measures to stop torture [official statement] by numerous states against their own citizens. UN High Commissioner for Human Rights Navi Pillay [official profile] echoed [press release] the call by stating that torture is illegal in any circumstance and urging states to live up to their promise to prevent and stop inhumane treatment of individuals. During the same month the new Senegalese government was urged to adopt fresh measures [JURIST report] to protect and promote human rights by addressing the impunity that undermines the judicial system and rule of law in the country. AI found that the government was using torture and other similar methods to stop protesters and civilians as well as journalists and political opponents. Syria has also been subject to criticism by the UN experts [JURIST report] and human rights organizations such as Human Rights Watch (HRW) [advocacy website] for its use of torture against civilians. It was reported [JURIST report] that Syria was even sexually abusing detainees regardless of gender and age. Two years ago, Pillay pledged justice for torture victims [JURIST report], noted that democracies with a rule of law in place still maintain amnesties that prevent torturers from being brought to justice and promised that the international criminal tribunals and the International Criminal Court (ICC) [official website] will continue to prosecute those responsible for torture.




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Estonia Supreme Court rules Europe bailout fund constitutional
Dan Taglioli on July 12, 2012 11:24 AM ET

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[JURIST] The Supreme Court of Estonia [official website; press release] ruled Thursday that the treaty to establish the euro area's permanent rescue fund does not offend the Estonian constitution. The court, sitting en banc, held that a restriction on the financial authority on the Riigikogu [official website], Estonia's parliament, imposed by the Treaty Establishing the European Stability Mechanism (ESM Treaty) [text, PDF] is a justified encumbrance on Estonian sovereignty. Specifically the court examined Article 4 (4) of the ESM Treaty, which states that in exceptional circumstances where "a failure to urgently adopt a decision to grant or implement financial assistance ... would threaten the economic and financial sustainability of the euro area" a grant of financial assistance may be made under a non-unanimous emergency voting procedure by which an 85 percent vote could grant a member nation financial assistance regardless of that country's opposition to the action. Under his constitutionally prescribed duty to review legislation for conformity with the Estonian Constitution, Chancellor of Justice Indrek Teder brought a constitutional challenge to Article 4 (4) in March, asking the court to reject the measure as a violative decrease of the power of the Riigikogu to decide the use of public finances. The court weighed the Article 4 (4) restriction against the provision's underlying purpose of ensuring an efficient decision-making procedure in case of a threat to the financial stability of the euro area, including Estonia. Finding that national financial and economic stability is necessary in order for Estonia to be able to perform its constitutional obligations, the court dismissed the chancellor's application to declare Article 4 (4) unconstitutional, clearing the way for the Riigikogu to ratify the treaty and join the ESM. The rescue fund will provide long-term credit guarantees to ensure the functioning of a member state in the event of a national crisis.

Europe's permanent bailout fund will succeed the temporary European Financial Stability Facility [Bloomberg report], which was used to provide emergency loans to Ireland and Portugal and a second bailout to Greece. This week German Finance Minister Wolfgang Schaeuble [official profile, in German] defended the €500 billion (US $632 billion) ESM [materials, PDF] before the country's Federal Constitutional Court [official website, in German], warning [JURIST report] that a court decision postponing signing the pact could lead to significant loss of confidence in the euro area and larger financial instability beyond German markets. The court announced last week that it would hear the challenge to the ESM [JURIST report], at the same time advising German President Joachim Gauck [BBC profile] to refrain from signing the legislation until the challenge to the ESM is reviewed and decided.




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HRW: Iraq draft cybercrime law violates free speech
Sung Un Kim on July 12, 2012 10:40 AM ET

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[JURIST] A draft Iraqi cybercrime law would violate the international standards protecting due process, freedom of speech and freedom of association, Human Rights Watch (HRW) [advocacy website] reported [text, PDF] Thursday. The Information Crimes Law, which had its first reading before the Iraqi Council of Representatives [official website, in Persian] in July of last year, regulates the use of information networks, computers, and other electronic devices and systems. It would allow authorities to impose criminal sanctions on individuals for publishing and sharing information that is considered a threat to governmental, social or religious interests. HRW argued that the new draft law represents a tool for the Iraqi government to suppress dissidents, journalists and other human rights defenders who are increasingly utilizing the Internet for information and resources. Although the law would penalize the use of computers for illegal activities such as fraud, money laundering or network disruption, the human rights group pointed out that the language of the legislation is too broad and vague and could encompass activities including legitimate information sharing. HRW noted Article 3 of the new draft law, which imposes a life sentence and large fines on individuals for "undermining the independence, unity, or safety of the country, or its supreme economic, political, military, or security interests," or "participating, negotiating, promoting, contracting with, or dealing with a hostile entity in any way with the purpose of disrupting security and public order or endangering the country." According to HRW, such broad language could be abused by the government to deter legitimate criticism against the government. HRW urged the Iraqi government not to pass the law until its language is modified to comply with international human rights law. A second reading of the law is expected sometime this month.

Iraq's human rights record has continued to face criticism, even after the dictatorship that marked persistent violence in Iraq ended. In May the UN Assistance Mission for Iraq (UNAMI) [official website] reported [JURIST report; text, PDF] that Iraq's human rights situation remains fragile. One of the areas that has been identified is the weakness in rule of law and in administration of due process and fair trials. UNAMI discovered that most of the detainees who were accused of being members of the Ba'ath Party [BBC backgrounder; JURIST news archive] and being involved in terrorist activities are without legal representation. Moreover, it was reported that most of them were subject to threats, abuse and mistreatment. Earlier in May HRW reported that mass arrests and incommunicado detentions [JURIST report] continue in Baghdad's prison that was planned to be closed. In 2011, UNAMI and the UN Office of the High Commissioner for Human Rights (OHCHR) [official website] reported that human rights violations continue [JURIST report] in several regions of Iraq. Law enforcement and the judiciary system has remained weak while torture and abuse of detainees persisted within prison walls. Similar findings were made several months earlier by Amnesty International [advocacy website] in its report [text, PDF] revealing that governmental authorities shot and killed protesters [JURIST report] while detaining and torturing political activists. In 2010, it also reported [JURIST report] on the government's unlawful arrests and tortures against thousands of detainees.




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Mladic war crimes trial postponed for health issues
Sung Un Kim on July 12, 2012 10:15 AM ET

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[JURIST] The International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] on Thursday postponed the trial of former Bosnian Serb Army commander Ratko Mladic [ICTY backgrounder; JURIST news archive] due to his health problems. Thursday's trial came to an abrupt end [Reuters report] when Mladic complained that he did not feel well. The court stopped the hearing, and the former commander was taken to the hospital for medical check. ICTY spokesperson Nerma Jelacic announced that the hearing will resume on Friday if Mladic can attend but will be postponed if he cannot. The prosecutors and victims have expressed concern that Mladic could die before facing a sentence, much like former Yugoslavian president Slobodan Milosevic [ICTY backgrounder; PDF] who died [JURIST report] in 2006 before the ICTY could issue a sentence against him. Mladic is charged with several counts of genocide and crimes against humanity committed during the Bosnian civil war including murder, political persecution, forcible transfer and deportations, cruel treatment and the taking of peacekeepers as hostages.

Mladic's trial has been making slow progress after being postponed numerous times. On Monday the ICTY resumed [JURIST report] the trial with the testimony of witness Elvedin Pasic, who was a juvenile at the time of the Bosnian civil war [JURIST news archive] in the 1990s. Last month the ICTY postponed the trial after suspending proceedings [JURIST reports] due to an error in disclosing documents to the defense lawyers. The trial had been already postponed indefinitely [JURIST report] in May due to allegations of prosecutorial misconduct related to evidence disclosure. Judge Alphons Orie adjourned the trial to allow the defense lawyers more time to consider the evidence the prosecution will present. Earlier that month, chief prosecutor of the ICTY had told reporters that he believes Mladic is mentally and physically fit to stand trial [JURIST report]. The ICTY had ordered [JURIST report] a medical examination for Mladic after he missed a hearing before the court a week earlier. His first appearance [JURIST report] before the ICTY was in June of last year when he contested charges against him while simultaneously asking for more time to review them. A day after, during his second appearance [JURIST report], Mladic refused to enter a plea without lawyers of his choice representing him and he was removed from the court for disrupting the proceedings.




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Egypt president says he will respect court ruling on parliament
Rebecca DiLeonardo on July 12, 2012 9:47 AM ET

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[JURIST] Newly elected Egyptian President Mohammed Morsi [BBC profile] on Wednesday issued a statement saying he will respect the ruling of an Egyptian court suspending his decree to reconvene the parliament. Morsi said his order was not intended to challenge the authority of the court or the Supreme Council of the Armed Forces (SCAF) [NYT backgrounder], but rather to avoid a "power vacuum in terms of legislation" [MENA report]. Morsi issued the decree on Sunday despite a ruling by the Supreme Constitutional Court in June finding that one-third of the parliament was elected illegally [JURIST reports]. In response to the decree, the Supreme Constitutional Court issued a televised statement on Monday declaring that its decision on the Parliament was final and not subject to appeal. Although the court said in its decision that the entire body was invalid, the actual dissolution of parliament was carried out by SCAF, acting as the executive at the time. The Parliament convened briefly on Tuesday just before the court issued its ruling [JURIST reports] suspending the president's decree.

Despite the success of a peaceful presidential election, Egypt has faced continued political turmoil since the overthrow of former president Hosni Mubarak last year. Last week, Morsi issued a decree appointing a fact-finding committee to investigate the deaths of protesters [JURIST report] in last year's demonstrations. A court in June struck down [JURIST report] a government decree that restored broad arrest powers to Egyptian military officials. Last week, a former candidate in Egypt's presidential election and several non-government organizations filed a lawsuit challenging Egypt's interim constitution [JURIST report], alleging it gives the Egyptian military unlimited power. Days before it's dissolution, the Egyptian parliament elected a new constitutional council after lawmakers finally reached an agreement [JURIST reports] 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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Pakistan president signs bill to shield PM from contempt proceedings
Sung Un Kim on July 12, 2012 9:27 AM ET

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[JURIST] Pakistani President Asif Ali Zardari [official website] on Thursday signed the Contempt of Court Bill 2012, which would shield senior officials from contempt of court proceedings. The bill was approved by both the lower [JURIST report] and upper [AFP report] house of the national parliament on Monday and Wednesday, respectively. The new law is seen as an attempt to exempt the new prime minister Raja Pervez Ashraf [BBC profile] from a possible upcoming contempt of court proceeding for failure to reopen the investigation against Zardari. Some, including the Pakistan Muslim League-Nawaz (PML-N) [party website] party, have criticized the new legislation because it has no apparent purpose other than protecting the new prime minister. Even the ruling Pakistan Peoples Party [party website] expressed its concern by stating that any law created in haste has the heightened potential of being counterproductive. Despite such attempts by the legislature to block the judiciary from forcing the prime minister to reopen the corruption case against the president, the Supreme Court of Pakistan [official website] on Thursday again ordered [Reuters report] Ashraf to reopen the corruption case against Zardari and to submit a report on compliance by July 25. The court's order amid the approval of the new law by the parliament and the president may deepen the tension between judges and politicians. Opposition parties have expressed their plan to challenge the new law because it violates the country's constitution.

The country's judiciary has been in conflict with the executive branch since political leaders have rejected the court's order to investigate into the president's alleged corruption practices. The court had ordered [JURIST report] the new prime minister in late June to investigate the corruption allegations against the president. Ashraf, however, has argued that president is immune from prosecution under the country's constitution. The court in response claimed that no one is above the law and thus, the investigation against the president should proceed. During the same month, a Pakistani court ordered [JURIST report] the arrest of Makhdoom Shahabuddin [BBC profile], a former health minister from Punjab Province and the nominee for the country's then-vacant prime minister position for allegations that he was involved in irregularities in the amount of the controlled drug Ephedrine circulating within the country during his tenure as health minister. The arrest order was issued the same day the president nominated Shahabuddin to fill the position of former prime minister Gilani who was disqualified two days earlier from being a member of Parliament since his April contempt conviction [JURIST reports]. He was convicted of contempt because he refused to open an investigation against the president.




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Federal judge extends block on Mississippi abortion law
Michael Haggerson on July 12, 2012 8:16 AM ET

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[JURIST] A judge for the US District Court for the Southern District of Mississippi [official website] on Wednesday extended his prior injunction blocking a controversial Mississippi abortion law [HB 1390 materials] that was scheduled to go into effect July 1. The judge issued the initial temporary injunction [JURIST report] earlier this month. The judge plans to rule on whether to make the injunction permanent [AP report] in the future. The new law requires that all physicians performing abortions at a clinic be a licensed OB-GYN and have privileges to admit patients into a hospital facility. Mississippi's only abortion clinic, Jackson Women's Health Organization [advocacy website], filed a lawsuit [JURIST report] challenging the law last month after they were unable to meet the requirements by the July 1 deadline. Opponents of the law argue that the state is attempting to erect unconstitutional barriers to a woman receiving an abortion. Proponents of the law state that its purpose is merely to protect women's health.

This is the latest development in the ongoing reproductive rights controversy [JURIST backgrounder]. Last week, Oklahoma Attorney General Scott Pruitt appealed a ruling [JURIST report] by a district court judge that held that an abortion ultrasound bill is unconstitutional. Earlier last month, Louisiana Governor Bob Jindal signed a bill increasing abortion restrictions in the state [JURIST report]. In May, Kansas Governor Sam Brownback signed a bill allowing pharmacists to refuse to dispense drugs [JURIST report] that they "reasonably believe" might result in the termination of a pregnancy. Earlier that month, a judge for the District Court of Oklahoma County ruled [JURIST report] that a law restricting how doctors may use abortion-inducing drugs to treat patients was a violation of the Oklahoma Constitution. In April, the Arizona House of Representatives approved a bill that bans abortions after 20 weeks [JURIST report] into a pregnancy, with an exception carved out only for medical emergencies. In March, Utah passed a law requiring a woman seeking an abortion to wait 72 hours [JURIST report] prior to obtaining the procedure.




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