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Legal news from Friday, July 27, 2012




Google urges dismissal of book scanning lawsuit
Max Slater on July 27, 2012 4:03 PM ET

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[JURIST] Google [corporate website; JURIST news archive] called Friday for the dismissal of a class action lawsuit accusing the company of infringing upon authors' copyrighted works when it scanned books for its digital library. In a filing with the US District Court for the Southern District of New York [official website], Google argued [Reuters report] that the plaintiffs in the lawsuit, the Authors Guild [official website] did not suffer economic harm as a result of Google scanning and displaying authors' work online. This is the latest development in the case Authors Guild v. Google Inc [case materials], which has been ongoing for seven years. In June, Judge Denny Chin of the US District Court for the Southern District of New York allowed the Authors Guild suit against Google to proceed as a class action [JURIST report]. In March of last year Chin rejected an amended class action settlement agreement that was reached in 2008 [JURIST reports] between Google and the Authors Guild. The settlement agreement stated that Google would pay $125 million to the authors and publishers of copyrighted works in exchange for the permission to display up to 20 percent of the work online.

Google has faced several lawsuits recently. Earlier in July, Google offered to settle antitrust claims [JURIST report] with the European Competition Commission [official website]. In June the company reached a settlement [JURIST report] with a group of French authors to end a lawsuit challenging its book-scanning initiative [Google Books search website], which displayed scanned images of select pages of books. A few days earlier, the Supreme Court of Switzerland [official website, in German] ruled [JURIST report] partially for Google in a case over privacy violations through its Street View service, holding that the company is not compelled to completely blur all faces and license plates but should do so manually if someone files a complaint. In March of last year, a Berlin high court ruled [JURIST report] for Google holding that the company's controversial service is legal in Germany. On the other side, the French National Commission of Information Technology and Liberty (CNIL) [official website, in French] fined [JURIST report] Google 100,000 euros (USD $141,300) for violating the country's data privacy laws.




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Four men arrested for killing UN officials in Ivory Coast
Sung Un Kim on July 27, 2012 3:22 PM ET

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[JURIST] Ivory Coast President Alassane Ouattara [BBC profile; JURIST news archive] announced Friday that four men responsible for killing seven UN officials during an armed conflict near the border town of Tai were arrested in Liberia [BBC backgrounder; JURIST news archive]. The seven UN peacekeepers, all from Niger, were killed [Telegraph report] in a cross-border raid in early June. The attack was believed to be directed at the UN troops and organized by militants and mercenaries. Ouattara stated that the head of the operation was among those arrested [Reuters report] but did not reveal any other information regarding identities or nationalities. The UN Operation in Cote d'Ivoire (UNOCI) [official website] stated that it did not receive any reports concerning the recent arrests. The four men are expected to be transferred to Ivory Coast [BBC backgrounder; JURIST news archive] in the near future to face trial.

The continuing violence in the Ivory Coast has been the subject of criticism by international human rights groups. On Tuesday the UN Office of the High Commissioner for Human Rights (OHCHR) [official website] announced that it is sending human rights officials to investigate [JURIST report] the recent attack on a relocation camp for internally displaced persons in Nahibly. The attack took place last Friday when around 300 individuals attacked the camp resulting in seven people being killed, 67 individuals being injured and 5,000 inhabitants being forced to leave the site. Earlier this month the country's justice ministry announced [JURIST report] that two allies of former president Laurent Gbagbo [BBC profile; JURIST news archive] have been charged with genocide relating to the violence that followed Gbagbo's refusal to step down after his defeat in the November 2010 elections. Gbagbo was captured and forced to surrender [JURIST report] in April of last year after French tanks moved in on his residence while Outtara's forces surrounded it. The confirmation of charges hearing against him was postponed in mid-June by the International Criminal Court (ICC) [official website] amid a request by his lawyers for more time.




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Regional human rights court rules Ecuador violated rights of indigenous Sarayaku
Dan Taglioli on July 27, 2012 3:11 PM ET

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[JURIST] The Inter-American Court of Human Rights (IACHR) on Wednesday ruled [order, PDF, in Spanish] that Ecuador violated the rights of the Sarayaku Indigenous community in the Ecuadorian Amazon when the state allowed the Argentine oil company CGC to encroach on Sarayaku traditional lands in the early 2000s without the Indigenous People's consultation. The court found that the Ecuadorian state violated the community's right to be consulted, as well as their community property rights and their cultural identity. The IACHR also found Ecuador responsible for putting the lives of the Sarayaku at grave risk after the oil company placed over 3,000 pounds of high-grade explosives on nearly 40,000 acres of the Indigenous People's territory. The Sarayaku were represented partly by the Center for Justice and International Law (CEJIL) [advocacy website; press release], a non-governmental, non-profit organization that offers advice and free legal representation to victims of human rights abuses. Following the ruling CEJIL announced that "Ecuador and all other signatories of the American Convention [on Human Rights] (ACHR) [materials] must establish processes of free, prior and informed consultation before initiating any projects that could affect either the territories of indigenous peoples and communities or other rights essential for their survival." Amnesty International [advocacy website; press release] welcomed the ruling and called on Ecuador to comply with all IACHR orders, while urging other states in the region to take immediate and decisive action to remedy the situation of hundreds of other Indigenous Peoples who face problems similar to those of the Sarayaku.

Earlier this week Venezuelan President Hugo Chavez [BBC profile; JURIST news archive] announced that his country would withdraw from the IACHR [JURIST report] after the court concluded that the prison conditions of a man convicted in multiple bombings were a violation of his human rights. In 2011 Chavez also criticized the IACHR [JURIST report] for ruling in favor of presidential hopeful Leopoldo Lopez, allowing him to run for office despite a separate court ruling barring him from the election. In March the IACHR ruled that the Supreme Court of Chile [official website] violated a Chilean woman's right to equality and non-discrimination when it took away her children on the basis of her sexual orientation [JURIST report]. The decision marked the first time the IACHR affirmed that discrimination based on sexual orientation violates international law.




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Alaska to allow transgender individuals to change gender marker on driver's licenses
Max Slater on July 27, 2012 3:09 PM ET

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[JURIST] Alaska Lieutenant Governor Mead Treadwell [official website] issued a regulation on Thursday that allows transgender individuals to change the sex indicator on their driver's licenses without undergoing surgery. Last year, the American Civil Liberties Union of Alaska (ACLU) [advocacy website] filed a lawsuit against Alaska on behalf of a transgender woman, KL, who was told by the Department of Motor Vehicles that her driver's license would be revoked unless she submitted proof of having surgery. The Alaska Superior Court [official website] held [ACLU press release] that the DMV had to produce a new and more appropriate regulation for transgender people within six months. The ACLU praised the new driver's license regulation [press release], saying that it recognizes the important and legitimate needs of transgender Alaskans. The new regulation is scheduled to take effect on August 11.

LGBT rights have been a contentious issue worldwide. Three weeks ago, UN Secretary-General Ban Ki-moon [official profile] called for an end to discrimination based on sexual orientation [JURIST report]. In June, Human Rights Watch (HRW) [advocacy website] urged [JURIST report] Bulgarian Justice Minister Diana Kovacheva to denounce calls to violence by anti-gay groups in anticipation of a LGBT pride parade in Sofia, Bulgaria. During the same month, Ugandan Minister of State for Ethics and Integrity Simon Lokodo said [JURIST report] that the government was not discriminating based on sexual orientation. The statement came days after the government had announced [JURIST report] that it would ban at least 38 non-governmental organizations that are accused of recruiting children to homosexuality. Earlier that month, a prominent Russian gay rights activist filed a complaint [JURIST report] with the European Court of Human Rights (ECHR) challenging a St. Petersburg city ordinance that prohibits the spreading "homosexual propaganda" to minors. The ECHR ruled that a Moldova law banning gay groups from protesting in front of the country's parliament violated citizens' rights [JURIST report] to peacefully assemble and to be free from discrimination. Last month, the National Coalition of Anti-Violence Programs (NCAVP) released a report [JURIST report] concluding that in the US, incidents of hate-based murders against LGBT individuals increased in 2011.




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UN official concerned over Iraq death sentences
Rebecca DiLeonardo on July 27, 2012 2:57 PM ET

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[JURIST] UN Special Rapporteur on arbitrary executions Christof Heyns [official website] on Friday expressed concern [press release] about an announcement that the Iraqi Court of Cassation has upheld the death sentences of 196 individuals in the Anbar province of Iraq. Heyns said he was concerned about the growing number of prisoners sentenced to death in the country and the lack of openness and transparency in the trials of those prisoners. He noted that the upholding of the 196 death sentences occurred within just one province of the country, saying that the numbers were "extremely disturbing." The Iraqi government's lack of public information about the trials raises questions about the country's compliance with international law standards, which require adherence to a strict policy before a prisoner can receive the death penalty [JURIST news archive]. Heyns urged the Iraqi government to immediately halt all executions and review death row cases, noting that he supported a similar call [JURIST report] made in January by UN High Commissioner for Human Rights Navi Pillay [official website]. Pillay called on the Iraqi authorities to halt executions after the government executed 34 individuals in a single day for crimes described as terrorism-related offenses.

In 2007, the UN General Assembly [official website] approved a resolution calling for a worldwide moratorium [JURIST report] on the death penalty. The resolution was reaffirmed by resolution twice: in 2008 and 2010, [UN materials]. It was criticized by countries [JURIST report] that use the death penalty, which alleged that the resolution would infringe nations' sovereignty. Iraq, one of the countries that did not implement the moratorium, has been subject to criticism for violating various human rights including unlawfully detaining and repeatedly torturing thousands of detainees without warrants [JURIST reports].




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Russia court orders BP to pay $3.1 billion in damages
Dan Taglioli on July 27, 2012 2:15 PM ET

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[JURIST] Russia's Federal Arbitration Court in Tyumen on Friday ordered British Petroleum (BP) to pay 100 billion rubles (US$3.1 billion) in damages to TNK-BP, BP's 50-50 joint venture with Alfa Access Renova (AAR) [corporate websites], a consortium representing four Russian billionaire tycoons. Minority shareholders of TNK-BP brought a lawsuit against BP alleging that the venture suffered financial losses [AFP report] when it was excluded from a $16 billion share-swap and joint exploration venture deal between BP and state-own oil giant Rosneft [corporate websites] last year. The case was dismissed in November but reopened after BP announced last month that it would seek to sell its share in TNK-BP, Rosneft being one of the first bidders [BP press release]. The AAR tycoons are pursuing a separate lawsuit under UK law [Reuters report] that would enable them to sue BP for damages in international courts over last year's failed Rosneft deal, which AAR blocked in a European court of arbitration by arguing that under the shareholders' agreement TNK-BP has priority rights to any operations BP would like to conduct across Russia. TNK-BP, the third largest oil company in Russia and one of the ten largest oil companies in the world, was created in 2003 through a $15 billion merger of BP's Russian oil and gas assets and those of the AAR Consortium.

The Tyumen Federal Arbitration Court ordered a new hearing for the rejected lawsuit [JURIST report] in June. The minority shareholders were originally seeking damages of USD $12.5 billion. That figure was later cut to $8.8 billion, nearly three times the damages actually awarded by the court. BP has faced numerous lawsuits and is still involved in litigation, especially in the wake of the 2010 Deepwater Horizon oil spill [BBC backgrounder; JURIST news archive] in the Gulf of Mexico. In May the US District Court for the Eastern District of Louisiana [official website] signed a case management order [JURIST report] for the upcoming trial between BP and the oil spill victims in 2013. In April the judge accepted the terms of a settlement reached in March [JURIST reports] between BP and the plaintiffs, in which BP is required to pay around $7.8 billion in two separate arrangements, one to resolve economic loss claims and another to resolve medical claims.




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UN official calls for transfer of Khadr to Canada
Rebecca DiLeonardo on July 27, 2012 2:04 PM ET

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[JURIST] The UN Secretary-General's Special Representative for Children and Armed Conflict Radhika Coomaraswamy [official profile] on Friday renewed her call to transfer Canadian Guantanamo Bay [JURIST backgrounder] detainee and convict Omar Khadr [DOD materials; JURIST news archive] to his home country of Canada. Coomaraswamy said it was important to focus on rehabilitation of child soldiers [UN News Centre report] like Khadr, who was arrested in Afghanistan at age 15 and is the last child soldier detained at the Guantanamo facility. Khadr's lawyers last month renewed calls [JURIST report] for the Canadian government to respond to a request to transfer Khadr to his home country. A request was formally sent to the Canadian government [JURIST report] in April, after being approved by the US government. In 2010 Khadr pleaded guilty to five charges [JURIST report] in a military tribunal, including killing a US soldier in Afghanistan in 2002. Canadian Minister of Public Safety Vic Toews [official profile] said in April that the repatriation of Khadr was being considered [AP report], and that a decision would be made soon.

Khadr was charged after being captured subsequent to a firefight in Afghanistan in 2002 in which he threw a hand grenade that killed one US soldier and wounded another. In August 2010 a military judge rejected Khadr's claim that his confession was a byproduct of torture [JURIST report]. Earlier that month the same judge ruled that Khadr's confession was admissible at trial [JURIST report]. Canada had previously declined to seek Khadr's repatriation [JURIST report] after his former lawyers obtained a ruling in the Supreme Court of Canada [official website] that the interrogation of Khadr by Canadian officials while in detention violated section 7 of the Canadian Charter of Rights and Freedoms [text]. According to the ruling, Canadian officials questioned Khadr, even though they knew he was being indefinitely detained and that in March 2004 he was questioned with knowledge that he was subjected to three weeks sleep deprivation by US authorities. Regardless that ruling did not force the government to seek his repatriation.




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Federal appeals court upholds judgment against tobacco companies
Max Slater on July 27, 2012 2:04 PM ET

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[JURIST] The US Court of Appeals for the District of Columbia Circuit [official website] on Friday upheld [opinion, PDF] a lower court decision to impose restrictions on cigarette makers for violating federal racketeering laws. The appellate court said that the US District Court for the District of Columbia [official website] did not err when it ruled in 2006 that numerous tobacco companies violated the Racketeer Influenced and Corrupt Organizations Act (RICO) [Cornell LII backgrounder] by deceiving consumers about the health effects of smoking. The tobacco companies contended [WSJ report] that the district court's ruling should be overturned because Congress passed a law in 2009 imposing a new set of restrictions on the tobacco industry. In rejecting the tobacco companies' argument, the appeals court declared that the lower court acted reasonably:
The district court did not clearly err when it found the defendants were reasonably likely to commit future RICO violations despite the passage of the Tobacco Control Act. Nor did the court abuse its discretion when it refused to vacate its injunctions under the primary jurisdiction doctrine.
It is not yet clear if or when the tobacco companies plan to appeal the decision.

Tobacco regulations have long been a contentious subject. Two weeks ago, the US Court of Appeals for the Second Circuit [official website] struck down [JURIST report] requiring stores to display graphic anti-tobacco ads where tobacco products are sold. In March the US Court of Appeals for the Sixth Circuit ruled that graphic cigarette label warnings [JURIST news archive] are constitutional. The court decided unanimously that the portions of the Family Smoking Prevention and Tobacco Control Act (FSPTCA) [HR 1256 text] designed to limit the tobacco industry's ability to advertise to children, including a ban on distributing clothing and goods with logos or brand names, as well as sponsorship of cultural, athletic and social events requiring cigarette packaging and advertisements, is a valid restriction of commercial speech. Earlier that month, a judge for the US District Court for the District of Columbia ruled that the FDA regulation recommending warning labels is unconstitutional [JURIST report], issuing a permanent injunction. US President Barack Obama signed [JURIST report] the FSPTCA into law in 2009, granting the FDA certain authority to regulate manufactured tobacco products. The legislation heightens warning-label requirements, prohibits marketing "light cigarettes" as a healthier alternative and allows for the regulation of cigarette ingredients. The proposed implementation of new tobacco warning labels has also drawn criticism abroad.




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UN rights chief concerned over Myanmar ethnic clashes
Sung Un Kim on July 27, 2012 1:42 PM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official website] on Friday expressed concern [press release] about the continued violence and human rights violations prevalent in Myanmar's Rakhine state since clashes began between its Buddhist and minority Rohingya [BBC backgrounder] Muslim communities in May. Pillay said that independent reports alleging "discriminatory and arbitrary responses by security forces, and even their instigation of and involvement in clashes" are being continuously received. The High Commissioner called on Myanmar [BBC backgrounder; JURIST news archive] to prosecute all individuals responsible for the violence regardless of their religion or ethnicity without discrimination and in accordance with the rule of law. The international community was also urged to speak up against discrimination and exclusion of minorities as well as to support equal rights in Myanmar. Only a week ago, Amnesty International (AI) [advocacy website] reported that the violence between the two groups has increased [JURIST report] since a state of emergency was declared [NYT report] in the western Myanmar State Rakhine. Benjamin Zawacki, AI's Myanmar Researcher, commented that "Declaring a state of emergency is not a license to commit human rights violations." The rights group also added that the number of political prisoners is on the rise despite the country's previous amnesties [JURIST report].

Myanmar has been unsuccessful in resolving the sectarian violence prevalent in the country despite attempts by its President Thein Sein [BBC profile; official website, in Burmese] to bring peace to the communities. Earlier this month, spokesperson for the UN High Commissioner for Refugees (UNHCR) [official website] Melissa Fleming reported that 10 UN staff and aid workers had been arrested [JURIST report] in the northwestern Rakhine state and three of them are facing unknown criminal charges. In June, Human Rights Watch (HRW) [advocacy website] had urged [JURIST report] the Chinese government to provide basic food and shelter needs to refugees from Myanmar after finding refugee abuse. Earlier in June, HRW also called on [JURIST report] Bangladesh to open its borders to Myanmar refugees a day after it demanded Myanmar ensure the safety of communities in the Arakan State subject to the violence between Arakan Buddhists and ethnic Rohingya Muslims. In March, HRW reported [JURIST report] that violence and rights abuses continue in Myanmar's northern state of Kachin due to the conflict between Myanmar's armed forces and the Kachin Independence Army (KIA) [BBC backgrounder]. During the same month, Tomas Ojea Quintana [official profile], the UN Special Rapporteur on the situation of human rights in Myanmar urged [JURIST report] the country to ensure the protection of human rights. In November, Human rights group Partners Relief and Development [advocacy website] issued [JURIST report] a report [text, PDF, graphic content] which alleged that the army may be committing war crimes including torture and forced labor against ethnic communities in Kachin state.




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UN rights chief calls for protection of civilians in Syria
Rebecca DiLeonardo on July 27, 2012 1:13 PM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] on Friday insisted that the Syrian government take steps to protect civilians [statement] during armed conflicts. Pillay noted that recent violence in the country has often led to the death of civilians who were not notified that the conflict was approaching their area. Pillay said that although both sides of the conflict were responsible for the deaths, the government is primarily responsible for protecting the lives of civilians. She encouraged government officials to take steps to protect civilians and civilian objects by providing warnings of impending attack and distinguishing between military and civilian targets. She also said she was concerned about unconfirmed reports of extra-judicial killings and torture of military and civilian prisoners on both sides. Pillay stressed that those who violate international law will face serious consequences:
Murder and wilful killing, whether committed by government or opposition forces, may constitute crimes against humanity or war crimes. Torture, likewise, is prohibited under all circumstances. While such conclusions can only ultimately be reached in a court of law, it is my belief, on the basis of evidence gathered from various credible sources, that crimes against humanity and war crimes have been, and continue to be, committed in Syria. Those who are committing them should not believe that they will escape justice. The world does not forget or forgive crimes like these.
Pillay said that the government must ensure that it conforms to the expectations of international law, noting that the standards may not be altered in times of conflict. She encouraged the authorities to allow legal observers to examine practices and policies of its security forces.

Pillay's comments came after 19 bodies were found, including unarmed men and one child, in Damascus earlier this week. Amnesty International on Wednesday accused government forces and rebels in Syria of summarily capturing and killing [JURIST report] opposition forces in violation of international humanitarian law. Syria has recently been facing international criticism for human rights violations. UN Secretary-General Ban Ki-Moon on Monday expressed his concern that Syria could potentially use chemical weapons [JURIST report] in its ongoing conflict, even though the Syrian government has stated it would not use such weapons against its own citizens. Last Friday the UN Security Council extended the UN monitoring mission in Syria [JURIST report] for an additional 30 days. The mandate for the UN Supervision Mission in Syria (UNSMIS) [official website], deployed as part of the peace plan of UN Joint Special Envoy Kofi Annan, received a unanimous vote for a 30-day extension in the Security Council.




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China court dismisses fraud charges against human rights lawyer
Sung Un Kim on July 27, 2012 12:58 PM ET

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[JURIST] A Chinese intermediate court on Friday dismissed fraud charges against Ni Yulan, a human rights lawyer with disabilities, resulting in a two-month reduction to her two-year and eight-month sentence while upholding convictions against the lawyer for causing a disturbance. Ni had assisted victims of government land seizures [Guardian report], including those displaced by the Beijing Olympics project, prior to their arrest in August 2011. The fraud charges included allegations that Ni received 5,000 yuan (USD $783) through fabrication of her identity as a lawyer. The First Intermediate People's Court in Beijing held [Guardian report] that the funds were merely donations after the testimony of the person who gave Ni the contributions. The lawyers for Ni stated that Friday's ruling was a small victory and announced their plan to appeal again for the release of their client. The holding came a day after the US called [GlobalPost report] China to improve its human rights records criticizing the country for its continued practice of suppressing dissidents.

Ni and her husband, Dong Jiqin, were sentenced [JURIST report] in April by a lower court on charges of fraud and inciting disturbance. The sentence faced criticism by human rights organizations such as Amnesty International (AI) [advocacy website], which for their immediate release. AI condemned the sentence stating that the charges were false and that Ni was only beingpunished for her activist work [AI report]. China is known for its strict policy against dissidents. This month, Beijing's Chaoyang District Court rejected [JURIST report] the appeal brought by dissident artist Ai Weiwei [BBC profile; JURIST news archive] challenging the government's imposition of 15 million yuan (USD $2.4 million) tax evasion penalty. Last month, he was banned from attending the first hearing in the case brought by his company, Fake Cultural Development Ltd., against Beijing tax authorities, a month after the court agreed to hear [JURIST reports] the case. Also last month, a Chinese court in the southwestern city of Chongqing quashed [JURIST report] the sentence against a Chinese blogger and former forestry employee for lack of evidence. With the annulment the Third Intermediate Court held that the one-year detention of Fang Hong in a police-run labor camp was illegal.




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Sri Lanka government says civil war crimes may take five years to prosecute
Max Slater on July 27, 2012 11:31 AM ET

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[JURIST] The government of Sri Lanka said Thursday that it may take up to five years to prosecute people accused of war crimes during the 26-year civil war it fought with the separatist Liberation Tigers of Tamil Eelam (LTTE) [CFR backgrounder; faction website]. The government released a timetable [text] on Thursday detailing how it plans to deal with people accused of committing atrocities during the civil war. Sri Lankan President Mahinda Rajapaksa [official profile; JURIST news archive] stated that the government would follow recommendations [Reuters report] by Sri Lanka's Lessons Learnt and Reconciliation Commission (LLRC) [official website] to investigate war crimes. Critics of the government have lashed out at the administration's plan, saying that it is a ploy to avoid international scrutiny and that the plan fails to ensure that government troops who committed war crimes are brought to justice. Sri Lanka's civil war lasted from 1983 until 2009.

The Sri Lankan government has faced various allegations of human rights violations and war crimes by civil rights organizations and the UN since the end of its civil war. Earlier in July, Human Rights Watch [advocacy website] urged Sri Lanka to stop arresting journalists who criticized the government [JURIST report]. In May, Rajapaksa pardoned [JURIST report] former Sri Lankan army chief Sarath Fonseka [BBC profile; JURIST news archive]. In November the Sri Lankan government was subjected to criticism for its failure to investigate [JURIST report] issues of torture for past human rights violations and to enforce laws against continued torture and ill-treatment by government officials against civilians. In April 2011 a UN panel of experts on Sri Lanka found credible allegations of war crimes [JURIST report] committed during the country's war with the LTTE, warranting further investigation. In June 2010 UN High Commissioner for Human Rights Navi Pillay [official website] called for an international inquiry [JURIST report] into the conduct of the Sri Lankan government during its civil war.




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Germany court issues injunction against Motorola
Sung Un Kim on July 27, 2012 11:20 AM ET

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[JURIST] A German court on Friday granted Microsoft Corp. an injunction against Google subsidiary Motorola Mobility [corporate websites] in a patent infringement case involving a technology [EP0618540] related to common names for long and short file allocation tables. With the injunction the court in Mannheim also held that Motorola should bear half of the legal costs [WSJ report]. The injunction will have the effect of recalling Motorola's products that are affected by the patent infringement suit including Razr, Razr Maxx and Atrix smartphones. The ruling came a day after a court in Munich dismissed [JURIST report] the patent infringement case brought by Microsoft against Motorola related to its patent EP1304891 [European Patent Register materials] which monitors different functions on a smartphone and provides such information to other applications utilizing them.

Microsoft and Motorola has been in litigation against each other around the globe. Earlier this month, both companies filed [JURIST report] a joint motion in the US District Court for the Western District of Washington [official website] asking the court to suspend three patent cases between the parties until a trial is held on a licensing disagreement. Microsoft had alleged that Motorola failed to license Google [corporate website], which owns the company since 2010, certain video and Wi-Fi technology on reasonable and non-discriminatory (RAND) terms. In May the US International Trade Commission (ITC) [official website] concluded [JURIST report] its investigation into a complaint that a number of Motorola mobile phones infringed on several Microsoft patents.




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Group files lawsuit seeking information about Bin Laden burial at sea
Rebecca DiLeonardo on July 27, 2012 10:53 AM ET

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[JURIST] A government watchdog group Judicial Watch [advocacy website] announced [press release] on Thursday that they had filed a lawsuit [complaint, PDF] seeking information about the funeral arrangements made for al Qaeda [JURIST news archive] leader Osama Bin Laden [WP obituary; JURIST news archive]. The US Navy reported last year that Bin Laden was buried at sea in accordance with Muslim tradition within 24 hours of his death. The group is requesting any documents that were referenced in preparation for the funeral service and any other documents that reference the funeral service of Bin Laden. The group said that the Navy had previously acknowledged the receipt of their request for this information, but failed to respond within the time limit. The group notes that Navy regulations [text, PDF] of funerals require the reading of a specific prayer during a Muslim funeral service at sea. The group has also requested access to postmortem photos of Bin Laden, which US President Barack Obama [official profile] has said will not be released to the public.

Concerns about the nature of Bin Laden's death and his subsequent burial at sea have arisen since the announcement of his death [JURIST report] in May 2011, while US officials have maintained that their actions were lawful. US State Department Legal Adviser Harold Koh defended the killing [JURIST report] saying it was "consistent with the laws of armed conflict and US military doctrine." Days after the killing, human rights experts from the UN called on the US to disclose further details [JURIST report] of the killing, in order "to allow an assessment in terms of international human rights law standards." UN High Commissioner for Human Rights Navi Pillay insisted [JURIST report] on "a full disclosure of the accurate facts" surrounding the killing of Bin Laden after the White House altered the official account of the killing from its original announcement. US Attorney General Eric Holder told the US Senate Judiciary Committee that the killing of Bin Laden was lawful and justified [JURIST report], testifying that the shooting of Bin Laden was "consistent with our values," and that the soldiers who killed him "conducted themselves totally appropriately."




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Pennsylvania appeals court partially strikes down state fracking law
Max Slater on July 27, 2012 10:35 AM ET

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[JURIST] The Pennsylvania Commonwealth Court [official website] ruled [opinion, PDF] 4-3 on Thursday that Pennsylvania's new oil and gas law [Act 13 materials] violated the state's constitution by placing zoning rights regarding hydraulic fracturing or "fracking" [JURIST news archive] solely in the hands of state authorities. Fracking is the process of injecting a high pressured mixture of water, sand and chemicals into the ground to break through rock and release oil and natural gas. The court declared that Act 13 unconstitutionally infringed on local municipalities' zoning rights:
[B]y requiring municipalities to violate their comprehensive plans for growth and development, [Act 13] violates substantive due process because it does not protect the interests of neighboring property owners from harm, alters the character of neighborhoods and makes irrational classifications—irrational because it requires municipalities to allow all zones, drilling operations and impoundments, gas compressor stations, storage and use of explosives in all zoning districts, and applies industrial criteria to restrictions on height of structures, screening and fencing, lighting and noise.
The state of Pennsylvania has 30 days to appeal the Commonwealth Court's ruling.

Fracking has been a contentious issue both in the US and abroad. Three weeks ago, North Carolina Governor Beverly Perdue vetoed a bill [SB 820 materials; JURIST report] that would have lifted the state's ban on fracking. In May, Vermont Governor Peter Shumlin signed into law [JURIST report] a bill outlawing fracking in the state. In January the New Jersey Legislature passed an amendment to a bill that establishes a one-year ban on fracking [JURIST report]. Legislators re-introduced the bill this year after New Jersey Governor Chris Christie conditionally vetoed legislation last June that would have permanently banned fracking in New Jersey [JURIST report]. In October the Environmental Protection Agency announced plans to develop standards [JURIST report] for wastewater discharge from fracking. Last June New York Attorney General Eric Schneiderman sued the US government [JURIST report] for its alleged failure to study the risks of fracking. In May 2011 France's lower house approved a nationwide ban on fracking [JURIST report].




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Israel Supreme Court delays removal of largest illegal West Bank outpost
Dan Taglioli on July 27, 2012 10:32 AM ET

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[JURIST] The Supreme Court of Israel [official website, in Hebrew] on Friday granted a government request to delay the removal of the Migron outpost [Peace Now backgrounder] in the West Bank [JURIST news archive]. The court had ordered [JURIST report], in a watershed decision in August 2011, that Migron be dismantled by this August, but decided to extend the deadline by three weeks after the government informed the court that the temporary housing site for the Migron settlers would not be ready by August 1. The state also expressed concern about possible Palestinian protests that could result from performing the evacuation during the Muslim holy month of Ramadan, which ends on August 18. Migron, the largest illegal settler outpost in the West Bank, houses 50 families. The Migron settlers claim they have long been encouraged by the state to erect the outpost [Reuters report], which has received more than four million shekels (USD $1.1 million) from the government but never an official sanction. Israel continues to distinguish between the approximately 120 sanctioned settlements and the 100 or so unauthorized outposts like Migron, erected by settlers without state permission, and the Israeli government has been accused of providing infrastructure and military protection to certain West Bank settlers in contravention of its own state law. The Palestinians, 2.5 million of whom live in the West Bank, claim the territory for a future state and have refused to continue peace negotiations with Israel until settlement construction is frozen. The West Bank currently holds more than 200 settlements and outposts [BBC materials], and with East Jerusalem is home to more than 500,000 Israeli settlers.

Israel captured the West Bank from Jordan in the 1967 Mideast war and claims that it has a legal right to settle the territory because it is not legally occupied. In contrast the Palestinians and most of the international community argue that the West Bank was controlled by Jordan at the time of its capture, making it occupied territory that does not belong to Israel. Earlier this month more than 40 prominent American Jewish leaders and scholars sent an appeal letter [JURIST report] to Israeli Prime Minister Benjamin Netanyahu [official website] urging him to reject a recent report advocating legitimizing West Bank settlements. The letter's signatories predicted that Israel's international image would be damaged by endorsing the report, which was written by a government-commissioned panel [JURIST report] that included former Supreme Court Justice Edmond Levy. Also this month the Israeli Supreme Court postponed the demolition of other illegal West Bank settlements [JURIST report], with 30 apartments having had been scheduled for demolition on July 1. West Bank settlements have caused tension between Israel and Palestinian authorities, as well as criticism by international groups, despite the Israeli parliament's vote [JURIST report] against legalizing the unauthorized settlement last month. Also last month the UN Special Rapporteur on the situation of human rights in the occupied Palestinian territories Richard Falk demanded [JURIST report] Israel cease its demolition [press release] of Palestinian buildings in the West Bank settlements after finding that the demolition of Palestinian structures such as houses, animal shelters, water cisterns and roads have risen by 87 percent from last year.




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UN SG concerned about progress on international arms treaty
Rebecca DiLeonardo on July 27, 2012 10:31 AM ET

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[JURIST] A spokesperson for UN Secretary-General Ban Ki-moon [official profile] on Thursday expressed concern [statement; press release] about the lack of progress being made at a UN conference to negotiate an international Arms Trade Treaty (ATT). With only two days remaining in the UN Conference on the Arms Trade Treaty [official website], Ban expressed concern over the "very limited progress in the negotiations." The statement said that Ban was grateful for the efforts of the conference's president but called on the members of the conference to "show flexibility" in their negotiations. Ban still believes the conference can yield a useful treaty, the statement said. The conference is the first-ever meeting of UN member states to negotiate a treaty for the trade of conventional arms. Speaking at the opening of the conference earlier this month, Ban said that the creation of a strong international arms treaty could save lives [JURIST report]. The conference is attended by representatives from 193 member-states of the UN, as well as representatives from non-government organizations, and members of the arms industry.

International arms distribution continues to trouble governments and rights groups. Earlier this month in anticipation of the conference, the International Committee of the Red Cross (ICRC), called on the participants [JURIST report] to adopt an effective arms treaty in order to save lives and aid in the enforcement of international law. In June Amnesty International called for an end to the supply of arms [JURIST report] to groups in the Democratic Republic of Congo (DRC) after a report highlighted the flaws in Congolese security, which AI says leads to the availability and misuse of weapons and ammunition. In April Russian arms dealer Viktor Bout [BBC profile; JURIST news archive] was sentenced in a US court to 25 years imprisonment [JURIST report]. Bout was convicted in November [JURIST report] on four counts of conspiracy for his proposed sale of anti-aircraft missiles to drug enforcement informants posing as potential buyers for a designated foreign terrorist organization.




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Alabama asks federal court to approve redistricting plan
Max Slater on July 27, 2012 9:45 AM ET

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[JURIST] Alabama Attorney General Luther Strange [official profile] filed suit [complaint, PDF] in federal court on Thursday seeking approval of a redistricting plan passed by the Alabama state legislature in May. The lawsuit, filed in the US District Court for the District of Columbia [official website], asks the court to issue a declaratory judgment approving the plan without going through the US Department of Justice (DOJ) [official website] to ensure that the plan does not discriminate against minority voters. Section 5 of the Voting Rights Act of 1965 [LII backgrounder] requires many southern states, including Alabama, either to receive preclearance from the DOJ or approval from a three-judge US District Court panel for any redistricting plan to make sure the plan is not racially discriminatory. Critics of Alabama's redistricting plan claim [AP report] that the plan is racially gerrymandered. In its complaint, Alabama requested that the court either declare that the redistricting plan does not discriminate on the basis of race or deem section 5 of the Voting Rights Act unconstitutional and enjoin the DOJ from enforcing that section. It is unclear when the district court will rule on the Alabama redistricting plan.

Redistricting maps have been a subject of controversy recently. In February, the US District Court for the Western District of Texas [official website] issued new voting maps [materials] for use in the 2012 elections. The new maps were issued after the US Supreme Court [official website] rejected [JURIST report] Texas's interim redistricting maps in an emergency appeal [JURIST report] filed to challenge an interim map drawn up by the US District Court for the Western District of Texas. The Supreme Court rejected the initial interim maps, finding that, "it is unclear whether the District Court for the Western District of Texas followed the appropriate standards." In January, the US District Court for the Southern District of West Virginia [official website] rejected [JURIST report] West Virginia's congressional redistricting plan on the grounds that the plan did not account for changes in population.




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Ninth Circuit reinstates no-fly list challenge
Jamie Reese on July 27, 2012 8:10 AM ET

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[JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Thursday reinstated [opinion, PDF] a challenge brought by the American Civil Liberties Union (ACLU) [advocacy website] over the no-fly list maintained by the Transportation Safety Administration (TSA) [official website]. The appeals court, without deciding on the merits of the case, decided the case could go forward and remanded it to the lower court. The lower court originally dismissed the case [opinion, PDF] claiming that the suit would have to be filed against the TSA itself and not the FBI [official website] and its subagency, the Terrorist Screening Center. In the unanimous ruling the three-judge panel decided the Terrorist Screening Center, not the TSA, can provide the relief the 15 citizen plaintiffs are seeking and that the district court has jurisdiction over the center. The opinion states:
We [have] held that district courts have original jurisdiction over travelers' substantive challenge to inclusion on the List. Today, we take another step toward providing an answer. We hold that the district court also has original jurisdiction over Plaintiffs' claim that the government failed to afford them an adequate opportunity to contest their apparent inclusion on the List. We leave it to the district court to determine whether to require joinder of TSA on remand. We hold only that [there is] no barrier to adding TSA as an indispensable party.
The ACLU called the decision a victory [press release], finally affording their clients their constitutional right, a chance to clear their names from the list. The Department of Justice is reviewing the decision [AP report]. Unless the decision is appealed, the case will be remanded to the US District Court for the District of Oregon [official website].

The ACLU filed the lawsuit [JURIST report] in 2010. The Ninth Circuit ruled in 2008 that those placed on the government's "no-fly list" can challenge their inclusion on the list [JURIST report] in federal district courts. The court held that the Terrorist Screening Center, which actually maintains the list, is a subsection of the FBI and is therefore subject to review by the district courts. Also in 2008, the DOJ Office of the Inspector General (OIG) [official website] issued a report [text, PDF] saying that the FBI had submitted inaccurate information to the list [JURIST report], that the information was rarely reviewed before its submission and even if discrepancies became apparent they were often left unchanged. In 2006, the FBI and the TSA agreed to pay the ACLU $200,000 in attorney's fees to settle a case brought by the civil rights organization in 2003 challenging the government's no-fly list [JURIST report] and requesting the disclosure of records. The documents noted that construction of the list was based on "two primary principles," but that there were "no hard and fast" rules governing decisions of who was put on the list.




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