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Legal news from Thursday, August 2, 2012




HRW urges Angola to respect citizen freedom of speech
Sung Un Kim on August 2, 2012 4:11 PM ET

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[JURIST] Human Rights Watch (HRW) [advocacy website; press release] on Thursday released a report entitled Angola’s Upcoming Elections: Attacks on the Media, Expression, and Assembly [report, PDF] alleging that the government of Angola [BBC backgrounder; JURIST news archive] is responsible for undermining freedom of speech protections for its citizens. The 13-page report also notes that the "political violence, intimidation of protesters, and crackdowns on peaceful demonstrations" might have a detrimental effect on the upcoming parliamentary election this month. The report summarizes recent abuses directed at activists, journalists and protesters who expressed their criticism against the government. Journalists are frequently arrested, detained and questioned for covering protests while demonstrators are denied their exercise of peaceful assembly by the country's security forces. HRW called on several entities including the government of Angola, the Southern African Development Community (SADC) [advocacy website] and the Diplomatic Community in the country to ensure the protection of protesters while respecting national and international law. According to HRW rights related to free speech should be respected and addressed without bias and prejudice, and arrests and detentions should be made pursuant to due process.

Angola has enjoyed large economic growth and increased stability following the end of the nation-wide civil war in 2002. However it was unsuccessful in addressing problems such as corruption. In early 2010 HRW called [JURIST report] on the government to increase its effort to fight corruption affecting the majority of its citizens who are not able to enjoy the improvements of the country. Angola entered a financial agreement with the International Monetary Fund (IMF) [official website] and HRW urged the IMF and its board members, US and China, to ensure that Angola adhere to the provisions set forth by the IMF. In January 2010, the parliament of Angola approved [JURIST report] a new constitution ending the popular election of the president and replacing the interim constitution that had been in place since 1975.




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US renews ban on imports from Myanmar
Sung Un Kim on August 2, 2012 3:42 PM ET

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[JURIST] The US Congress on a voice vote on Thursday approved a bill extending the ban on imports from Myanmar [BBC backgrounder; JURIST news archive]. Both the House of Representative and the Senate [official websites] have approved the bill [Reuters report], sending it to President Barack Obama [official profile] to sign in order to become law. The bill reauthorizes the ban for three years, but renews it for only one, allowing Congress to revisit the issue after the first year. Additionally, the White House [official website] can lift the ban earlier if it determines that Myanmar made sufficient political and economic reforms to comply with international humanitarian standards. Despite an acknowledgment that Myanmar has recently made numerous reforms towards protecting its citizens' rights, the US government determined that more has to be done. US Representative Joseph Crowley [official website; press release] stated that the recent approval was to show Myanmar that the US supports the citizens of Myanmar who are subject to the continued human rights abuses and that it is condemning the violence prevalent in the country. Congress has first banned imports from Myanmar in 2003.

Myanmar has been unsuccessful in resolving the sectarian violence prevalent in the country despite attempts by President Thein Sein [BBC profile; official website, in Burmese] to bring peace to the communities, making the country subject to international criticism. On Wednesday Human Rights Watch (HRW) [advocacy website] released [JURIST report] a 56-page document [report, PDF] accusing Myanmar security forces of human rights abuses against a minority religious community in June. In July UN High Commissioner for Human Rights Navi Pillay [official website] expressed concern over 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. A week earlier Amnesty International (AI) [advocacy website] reported [JURIST report] that the violence between the two groups has increased since a state of emergency was declared [NYT report] in the western Myanmar State Rakhine. Earlier in July, 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, HRW 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.




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UN calls for end to Syria violence in preparation for civilian food assistance
Sung Un Kim on August 2, 2012 3:14 PM ET

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[JURIST] The UN Supervision Mission in Syria (UNSMIS) [official website] on Wednesday renewed its call [UN News Centre report] for an end to the violence between the Syrian government and opposition forces in preparation for planned food assistance by the World Food Programme (WFP) [official website]. UNSMIS spokesperson Sausan Ghosheh reported that the conflict has not ceased despite the recent extension of the UNSMIS mandate [JURIST report] for an additional 30 days. An increase in exchange of fire and explosions as well as the use of helicopters, tanks and a fighter jet has been reported as affecting civilians in the city of Aleppo within the last 72 hours, and Ghosheh urged the parties to respect international humanitarian law, noting that they have an obligation to protect civilians. She also added that both sides should cease fighting and attempt to find a peaceful resolution to the situation. WFP had announced that it has sent food assistance for distribution of 28,000 people in Aleppo amid reports of shortages of food, gas and electricity caused by the conflict in the area. The organization also reported that the number of civilians affected by the escalating conflict is increasing rapidly while forcing around 200,000 to leave the city.

The UN Security Council [official website] extended the mission in Syria following a call [JURIST report] by Amnesty International (AI) [advocacy website] and three other rights groups earlier this month. They had alleged that human rights violations are on the rise and urged the UN to continue pressuring the Syrian government to end the violence. Also earlier this month UN Chief Military Observer in Syria Major-General Robert Mood stated that Syrian authorities were committed to implementing the six-point peace agreement [JURIST reports] that was reached a week earlier. In June a UN commission stated [JURIST report] that Syrian forces "may have been responsible" for the killing of more than 100 civilians in Al-Houla in May. Syrian President Bashar al-Assad [JURIST news archive] had denied [JURIST report] the allegations stating that "not even monsters" would carry out the attacks.




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Federal appeals court enjoins Arizona abortion law
Dan Taglioli on August 2, 2012 3:07 PM ET

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[JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Wednesday issued an emergency injunction [order, PDF] to block enforcement of a new Arizona abortion regulation [HB 2036 materials; JURIST report] that will ban abortions after 20 weeks unless there is a medical emergency. Physicians violating the ban would face a misdemeanor criminal charge [Reuters report] and risk revocation of their licenses. The three-judge panel issued the injunction in response to an emergency motion by plaintiffs following a ruling by the US District Court for the District of Arizona [official website] declining to enjoin the law [JURIST report]. The appellate court granted the injunction pending the outcome of the appeal:
Plaintiffs in this case are board-certified obstetrician-gynecologists. Enforcement of the ban will bar them from providing pre-viability pregnancy terminations for their patients at or after 20 weeks, in contravention of their patients' rights and in some cases at the expense of their patients' health. They therefore challenged the ban as applied to abortions performed prior to viability on the grounds that it violates their patients' right under the Fourteenth Amendment, and sought preliminary and permanent injunctive and declaratory relief [in the district court].
The lawsuit was originally filed by the Center for Reproductive Rights and the American Civil Liberties Union of Arizona [advocacy websites]. In addition to issuing the injunction the court also sua sponte expedited the briefing and hearing of the appeal.

This is the latest development in the ongoing reproductive rights controversy [JURIST backgrounder]. In July a federal judge blocked a Mississippi law [JURIST report] that would have effectively shut down the state's only abortion clinic. Two weeks ago, 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 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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UN welcomes Nigeria plan to clean up oil contamination in Oganiland
Sung Un Kim on August 2, 2012 2:33 PM ET

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[JURIST] The United Nations Environment Programme (UNEP) [official website] on Wednesday welcomed a new project initiated by the government of Nigeria to resolve the oil contamination affecting the people of Ogoniland. The Nigeria decision [UN News Centre report] came a year after UNEP first released a report finding that the 50-year oil operation around the region led to contamination of drinking water and created fire hazards through oil leaks, and is likely to spread out in other areas if not addressed immediately. The Nigerian Minister of Petroleum Resources, Diezani Alison-Madueke, had announced [AllAfrica report] last month that the Hydrocarbon Pollution Restoration Project has been established to comply with UNEP's recommendation in the report. The government also stated that the scope, actions and financing of the project will be discussed in more detail. UNEP Executive Director, Achim Steiner, expressed support for Nigeria's recent move, proposing that UNEP provide the government with expertise to make the project successful. The UNEP Environmental Assessment of Ogoniland also had proposed an initial $1 billion for the first five years of the project. It is expected that the clean-up will take at least 30 years requiring long-term financing.

The problem of oil spills and contamination is not isolated to Ogoniland. In April a Brazilian federal prosecutor filed [JURIST report] a second $11 billion lawsuit against Chevron [corporate website] after the company reported a new leak [press release] in its Frade oil field in the Campos Basin. Eduardo Santos de Oliviera filed the first lawsuit after a 2,400 barrel oil spill [Global Voices backgrounder] polluted the Campos Basin last November. A month earlier the same prosecutor filed environmental criminal charges against the oil company related to the November oil spill alleging that the accused committed willful or negligent conduct causing the spill. During the same month, 35 Nigerian villages filed suit [JURIST report] against Shell [corporate website] in a London court alleging Shell's slow response in cleaning up two oil spills in a neighboring river ruined their livelihoods. A similar suit was filed in November of last year by a Nigerian village against Royal Dutch Shell PLC in the US District Court in the Eastern District of Michigan [official website]. The suit was based on the report released by UNEP last year.




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Apple seeks judicial sanctions against Samsung over evidence disclosure
Dan Taglioli on August 2, 2012 1:52 PM ET

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[JURIST] Apple [corporate website] filed a motion in the US District Court for the Northern District of California [official website] on Wednesday requesting that the court sanction Samsung Electronics [corporate website] by ruling in Apple's favor in the ongoing patent litigation between the two companies. Apple filed the motion with Judge Lucy Koh, accusing Samsung of "litigation misconduct" [Bloomberg report] after Samsung publicly released evidence that Koh had explicitly excluded from trial. Koh had barred Samsung from presenting images of an in-development smartphone from 2006 because the evidence was not disclosed in a timely manner in Samsung's patent infringement arguments. Samsung then emailed the excluded evidence to reporters later that day. Apple contends that the release was designed to convey to jurors, through the media, arguments rebutting Apple’s central allegations that Samsung copied the iPhone and iPad. Apple is seeking $2.5 billion for its claims that Samsung infringed patents covering designs and technology for the mobile devices. In June Koh issued an injunction against Samsung blocking the sale of the Galaxy 10.1 tablet computer while the patent infringement case is litigated. The trial began earlier this week.

Also this week Taiwan's National Cheng Kung University [university website] filed a patent lawsuit against Apple in the US District Court for the Eastern District of Texas [official website], that Apple infringed upon two of the university's voice-to-text technology patents issued in 2007 and 2010 when Apple used Siri [materials] in its iPhones and future iPads. Last week the Federal Court of Australia [official website] began hearing [JURIST report] two patent infringement cases brought by Apple and Samsung Electronics. Also last week the German Oberlandesgericht Duesseldorf [official website, in German] court upheld a lower court decision that rejected a request by Apple [JURIST report] to nationally ban the sale of the Galaxy Tab 10.1 N. Apple filed a suit [JURIST report] against Samsung in April of last year alleging that Samsung committed ten patent infringements, two trademark violations and two trade dress violations by copying iPhone and iPad technology in making its Galaxy products.




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Obama announces new sanctions against Iran
Brandon Gatto on August 2, 2012 12:59 PM ET

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[JURIST] US President Barack Obama [official website; JURIST news archive] on Tuesday announced [press release] two new economic sanctions [White House backgrounder] on Iran's oil exports that aim to cut the country's financial transactions with the Chinese and Iraqi banks allegedly doing business with Tehran. In the first of these orders President Obama explained that the penalties against Iranian energy and petrochemical sectors were designed "to deter Iran from establishing payment mechanisms for the purchase of Iranian oil to circumvent existing sanctions." In the second the President announced that the Department of the Treasury [official website] had taken additional measures by penalizing China's Bank of Kunlun and Iraq's Elaf Islamic Bank [corporate websites] under the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (CISADA) [text, PDF] for facilitating "transactions worth millions of dollars on behalf of Iranian banks that are subject to sanctions for their links to Iran's illicit proliferation activities." The US House of Representatives as well as the Senate passed [Reuters report] Obama's new sanctions on Wednesday, and the President is expected to sign both on Thursday. China is overtly dissatisfied with the US actions, and in a statement [text] from the Chinese Foreign Ministry [official website], spokesman Qin Gang declared that the sanctions "badly violate rules governing international relations and hurt China's interests," and that the country intends to "raise solemn representations to the US from both Beijing and Washington."

This is not the first time the Obama administration has taken measures to pressure Iran's financial means. In February the President signed [JURIST report] an executive order [text] that imposed similar sanctions as part of an effort to enforce December's National Defense Authorization Act for 2012 [text, PDF], which allows such punitive measures to be taken. Obama justified the sanctions to Congress by explaining [statement] that Iranian banks had been misleading in their dealings, including a practice of concealing prohibited transactions and intentionally implementing inadequate anti-money laundering protocols. Specifically, those sanctions block any property of Iran or its banks that fall under US jurisdiction. Though controversial, the NDAA was signed into law [JURIST report] as part of the President's pledge that "all necessary and appropriate force" may be used to detain those suspected of terrorism.




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Japan prosecutors initiate criminal investigation into Fukushima nuclear disaster
Dan Taglioli on August 2, 2012 12:50 PM ET

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[JURIST] Japanese authorities on Wednesday began a criminal investigation into last year's Fukushima Daiichi nuclear disaster [IAEA backgrounder]. The Fukushima Prosecutor accepted a criminal complaint filed in June [JURIST report] by more than 1,300 people against Tokyo Electric Power Company (TEPCO) [corporate website] for causing the catastrophe and for the plaintiffs' resulting radiation. The Fukushima Nuclear-Plant Plaintiffs residential group named at least 33 individuals as defendants [Bloomberg report] in the complaint, including Tsunehisa Katsumata, the chairman of TEPCO, Masataka Shimizu, the former president of the company, and Haruki Madarame, the chief of the Nuclear Safety Commission. The Fukushima Nuclear-Plant Plaintiffs allege that the company failed to ensure that the facility was secure against earthquakes and tsunamis despite warnings that the facility may have been at risk. Additionally the complaint accuses the company of having failed to warn the citizens of Fukushima and the surrounding prefectures about the spread of radiation during the plant's meltdown, causing avoidable delay of evacuations. The Fukushima Daiichi plant was hit by a magnitude 9 earthquake in March 2011, knocking out main power for cooling reactors, and the subsequent 15-meter tsunami destroyed electrical equipment and disabled backup generators.

The meltdown is considered one of the biggest man-made environmental disasters of all time and the largest nuclear accident since Chernobyl in 1986. Japan has been criticized for its handling of the crisis, and international reception to nuclear energy has fallen sharply since the incident. Last month on Japan's national holiday tens of thousands of protestors rallied in Tokyo [JURIST report] in a peaceful antinuclear demonstration against June's unilateral decision by Japanese Prime Minister Yoshihiko Noda [BBC profile] to restart the country's nuclear reactors, which were shut down after the Fukushima meltdown. Also last month a Japanese expert panel issued a report claiming that the Fukushima catastrophe was preventable. The 641-page document claims that the accident was not caused solely by the earthquake [JURIST report] and subsequent tsunami, but the inability of the government, regulators and TEPCO to act quickly enough to prevent the disaster. In April 2011 Tamar Cerafici of the Cerafici Law Firm discussed how the Fukushima disaster should guide US policy [JURIST op-ed]. Last August Japanese lawmakers voted to create a fund to compensate victims [JURIST report].




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Arafat widow asks France to investigate suspected murder of the former Palestine leader
Brandon Gatto on August 2, 2012 9:43 AM ET

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[JURIST] The widow and daughter of Yasser Arafat [BBC profile; JURIST news archive] on Tuesday asked a French court to investigate what they believe to be the murder of the former Palestinian leader. The allegations of Suha and Zahwa Arafat stem from a Swiss institute's report suggesting that Yasser Arafat was poisoned by a radioactive substance [Reuters report] before his death in a Paris military hospital in 2004. The examiners found a radioactive substance on Arafat's clothing, polonium-210 [IAEA backgrounder], which happens to be the same element used to kill former Russian spy Alexander Litvinenko [BBC obituary] in London in 2006. The widow Suha further claims the destruction of her late husband's blood and urine samples four years ago is equally alarming since he was a head of state. Before a murder probe can begin, the French court will need to determine whether it has jurisdiction to investigate an alleged poisoning that occurred in another country.

Yasser Arafat's health began to fail in October 2004, at which point he was flown to a Paris hospital. Arafat died [JURIST report] at age 75 on November 11, 2004. The week leading up to Arafat's death proved to be highly tumultuous. Only a day before an Islamic judge ruled [JURIST report] that the former leader's life support system could not be switched off despite his near-death state and burial preparations. On November 4 CBC news reported [JURIST report] that Israeli television had announced Arafat's death, only to be contradicted shortly thereafter by Arafat's French hospital. Luxembourg Prime Minister Jean-Claude Juncker also confirmed the head of state's death that day.




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Federal court invalidates EPA water guidelines in Appalachia mining dispute
Brandon Gatto on August 2, 2012 8:57 AM ET

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[JURIST] The US District Court for the District of Columbia [official website] on Tuesday ruled [opinion, PDF] that the US Environmental Protection Agency (EPA) [official website] infringed on the authority given to state regulators by the Clean Water Act [text; EPA backgrounder], the Surface Mining Control and Reclamation Act (SMCRA) and other surface-mining laws when the agency established water quality criteria [memorandum, PDF] for coal mining in the Appalachia region. Judge Reggie Walton [official profile] granted summary judgment for the plaintiffs, who include West Virginia, Kentucky [official websites], the Kentucky Coal Association, the National Mining Association (NMA) [advocacy websites] and other petitioners. Walton agreed with their argument that even though the EPA claims its guidelines were not mandatory, the agency's enforcement of those guidelines as strict regulations did not comply with federal law. Walton did not opine on the sensitive issue of how best to serve the environment:
The Court is not unappreciative of the viable interests asserted by all parties to this litigation. How to best strike a balance between, on the one hand, the need to preserve the verdant landscapes and natural resources of Appalachia and, on the other hand, the economic role that coal mining plays in the region is not, however, a question for the Court to decide. In this litigation, the sole inquiry for the Court is the legality of the Final Guidance, and, for the reasons set forth above, that inquiry yields the conclusion that the EPA has overstepped its statutory authority under the CWA and the SMCRA, and infringed on the authority afforded state regulators by those statutes.
Kentucky Governor Steve Beshear [official website] praised the ruling [press release] as a "victory for coal miners who have seen mines close and their jobs put in jeopardy due, in part, to the actions of the federal EPA." The guidelines in question restricted the practice of dumping waste from surface mine blasting into Appalachian valley waterways, which environmental advocates claim destroys the environment.

The EPA has been forced to deal with several defeats over the past year. In October a federal judge similarly ruled [JURIST report] against the agency regarding its process for granting permits used by coal companies for mountaintop removal mining in Appalachia. There, in a separate victory for the NMA, the court likewise found a violation of the CWA, and ordered that the EPA's 2009 guidelines be set aside so that all pre-2009 guidelines could be restored. In an out-of-court defeat last September the US House of Representatives [official website] passed [JURIST report] the Transparency in Regulatory Analysis of Impacts on the Nation Act 2011 [text, PDF], a bill that essentially blocks a number of proposed EPA regulations aimed at reducing emissions.




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