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Legal news from Friday, August 3, 2012 |
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ACLU challenges congressional insider trading law
Max Slater on August 3, 2012 4:32 PM ET

[JURIST] The American Civil Liberties Union of the Nation's Capitol (ACLU) [advocacy website; press release] filed suit [complaint, PDF] in federal court on Thursday arguing that a provision of a new law designed to stop insider trading by members of Congress and federal employees violates these employees' privacy and freedom of speech rights. The lawsuit, filed in the US District Court for the District of Maryland [official website] asserts that the Stop Insider Trading on Congressional Knowledge Act (STOCK Act) [S 2038, PDF] requirement that federal employees disclose all financial transactions over $1000 is an unconstitutional invasion of these employees' privacy. While the affected employees already have to file financial disclosures with the Office of Congressional Ethics (OCE) [official website], the STOCK Act requires that these disclosures be readily available on the Internet. The ACLU argues that the online publication of the disclosures will result in an irretrievable loss of privacy:Publication of the financial disclosure forms of some 28,000 Executive Branch employees will cause them an immediate and irretrievable loss of their most private and confidential financial information. Details of their financial affairs, and the financial affairs of their spouses and dependent children, will be available to anyone in the world (literally) who has access to the Internet. No record will be made of who views or downloads the information. No restrictions will be placed on how the information will be used or distributed. Simply because they are senior civil servants or military officers, those Executive Branch Employees who file Form 278s will suffer the permanent loss of their confidential financial information. The STOCK Act will take effect in September unless the court grants the ACLU's request to enjoin the law.
US President Barack Obama [official website] signed the STOCK Act into law in April [JURIST report]. The president highlighted the importance of the law [press release] saying that the law ensures that the powerful are playing by the same rules as everyone else. The president further applauded the act as an essential step in subduing the power of money in politics. Trades by members of Congress may be investigated by the OCE,. The STOCK Act was first introduced by Congresswoman Louise Slaughter [official website] in 2006.


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Former Mongolia president sentenced to four years in prison
Dan Taglioli on August 3, 2012 3:59 PM ET

[JURIST] Former president of Mongolia [BBC profile; JURIST news archive] Nambar Enkhbayar was convicted Wednesday on graft charges and sentenced to four years in prison. The Sukhbaatar district court also ordered the confiscation [Bloomberg report] of more than 30 million tugriks (USD $22,206) of Enkhbayar's property. Enkhbayar, who maintains his prosecution is politically-motivated, was arrested in April and charged with corruption and abuse of power during his time as president. Specific charges against the former president included stealing a donation of $113,000 in television equipment meant to go to a Buddhist monastery in 2000 and not paying duties to ship books that he authored from South Korea to Mongolia. Enkhbayar went on a 10-day hunger strike in May to protest his detention on corruption charges, was hospitalized and then released on bail. President Tsakhia Elbegdorj has denied that Enkhbayar's arrest was political. Two men judged to be Enkhbayar's accomplices also received prison sentences. Enkhbayar has 10 days to appeal to the Ulan Bator city court, and then possibly the Supreme Court.
Enkhbayar lost the presidential election [JURIST report] in 2009 when Mongolia Democratic Party [party website, in Mongolian] candidate Tsakhiagiin Elbegdorj [Taipei Times profile] defeated him in the country's general election. Educated in the US, Elbegborj ran on a platform of fighting corruption and redistributing profits from the country's mining operations to Mongolian residents. Enkhbayar's Communist Party had originally refuted claims that Elbegdorj had won the election but later accepted the results [BBC report]. In 2008, Enkhbayar declared a state of emergency [JURIST report] following protests against the results of parliamentary elections in the country. At least five people were killed and more than 700 people were detained as a result of the protests. The Democratic Party had called for new elections [Reuters report] because of alleged fraud, but Enkhbayar has said that both parties have agreed to address the riots under established law [Xinhua report].


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UN rights experts urge wider acceptance of Roma communities
Dan Taglioli on August 3, 2012 3:39 PM ET

[JURIST] Two independent UN human rights experts noted Roma Holocaust Remembrance Day on Thursday by calling on the international community to find solutions to the persistent exclusion of Roma denizens from larger society in all countries. "Pharrajimos" is observed each August 2 [UN News Centre report] in remembrance of the approximately 3,000 Roma and Sinti who were killed on that date in 1944 when Nazis liquidated the "Gypsy" section of the Auschwitz-Birkenau concentration camp complex. UN Independent Expert on minority issues Rita Izsak [official profile] urged nations to take a zero-tolerance stance [OHCHR press release] against acts of anti-Roma extremism, hatred and violence in the "rising tide of hostility and discrimination against Roma in Europe that shames societies." Izsak is herself of Hungarian Roma origin and has personal experience with racism and discrimination, which has inspired her work for minority rights. Mutuma Ruteere, the UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance [official website], further urged increased awareness and action to tackle the issue of Roma marginalization, advocating the teaching of Roma history in schools and a stronger global message that Roma are a valued part of international societies. The independent experts report to the UN Human Rights Council [official website] in an unpaid capacity. There are an estimated 12 million Roma living in Europe, with sizable Roma populations in Latin America and other regions.
The discrimination [JURIST comment] faced by Roma in European countries is not a recent development. In May the UN Office of the High Commissioner for Human Rights (OHCHR) implored the government of Moldova [official website] to adopt a comprehensive anti-discrimination law [JURIST report] in development since 2008, which would be seen as a large step forward for the Roma population and other minorities in the nation. A month earlier Human Rights Watch [advocacy website; press release] reported that Roma, Jews and Ukrainians in Bosnia and Herzegovina face exclusion from politics and public institutions [JURIST report], identifying the 1995 Bosnian Constitution as the root of the discrimination against minority groups like the Roma. In October the UN Office of the High Commissioner for Human Rights (OHCHR) [official website] called on authorities [JURIST report] to end the hate speech and discrimination [press release] against the Roma migrants in Bulgaria. Last April Amnesty International [advocacy website] urged Serbian authorities to halt the forced evictions [JURIST report] of Roma in Belgrade and provide them with adequate housing and compensation. In March 2011 AI released a report documenting discrimination and human rights violations against Roma migrants [JURIST report] in Slovenia and urging the Slovenian government to protect Roma communities. The report revealed that Roma communities are being denied access to housing, water and sanitation. Much of the Roma population is living in overcrowded shacks without access to adequate health care services, schools, shops and employment.


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UN rights office urges Sudan to investigate violence against Darfur protesters
Sung Un Kim on August 3, 2012 2:11 PM ET

[JURIST] The UN Office of the High Commissioner for Human Rights (OHCHR) [official website] on Friday urged [press briefing] Sudan [BBC backgrounder; JURIST news archive] to initiate an investigation into allegations of excessive force by government security forces against protesters in Darfur Tuesday resulting in eight deaths and more than 50 injuries. The OHCHR urged the government to "promptly launch an independent and credible investigation into the violence and the apparent excessive use of force by security forces" and noted that international standards must be respected in order to provide civilians the freedom of speech and assembly. During Tuesday's protest [Reuters report] more than 1,000 people, mostly students, blocked roads in market area of Nyala, the biggest town in Darfur, to express their opposition against fuel price increases. The OHCHR stated that it received eye witness reports that security forces used tear gas as well as live bullets against protesters.
Last week a Sudanese court charged [JURIST report] two men, including one US resident, with terrorism in connection with anti-government protests in June. In early July Amnesty International (AI) and Human Rights Watch [advocacy websites] jointly urged [JURIST report] the Sudanese government to cease its practice of arbitrarily arresting, detaining and abusing protesters in the country. The rights groups estimated that the country detained more than 2,000 protesters in June alone. In June the UN Under-Secretary-General for Humanitarian Affairs Valerie Amos [official profile] expressed concern [JURIST report] about deteriorating conditions in Sudan due to continued violent conflict resulting in an increase of Sudanese refugees fleeing into neighboring countries. During the same month, UN High Commissioner for Human Rights Navi Pillay [official profile] urged Sudanese authorities [JURIST report] to take measures to prevent violence against protesters in upcoming demonstrations. AI urged Sudanese authorities to cease violence against protesters and journalists [JURIST report] following reports that the country's police in Khartoum used tear gas and batons against civilians who protested over austerity cuts.


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DOJ: undocumented immigrants should not be allowed to practice law in US
Max Slater on August 3, 2012 1:37 PM ET

[JURIST] The US Department of Justice (DOJ) [official website] filed an amicus brief [text] on Thursday with the California Supreme Court [official website] arguing that undocumented immigrants should not be able to practice law in the US even if they passed a state bar exam. California's high court sought the DOJ's guidance in the pending case of an undocumented immigrant, Sergio Garcia, who passed the California bar exam but has not obtained his law license. In its brief, the DOJ argued that Title 8 Section 1621 of the US Code, which governs the terms under which a state can make aliens eligible for benefits, forbids issuing law licenses to illegal aliens:[T]he only question before the Court is whether Mr. Garcia meets the criteria for admission to the bar under state and federal law. Because he is not an eligible alien under 8 U.S.C. Sec. 1621, and thus does not satisfy a condition set out in federal law, the bar application should be denied. The court has not indicated when it will issue its decision whether to allow Garcia to practice law in California.
Immigration [JURIST backgrounder] continues to be a contentious issue in the US. Last week, JURIST guest columnist Geoffrey Hoffman declared [JURIST op-ed] that the US Supreme Court's decision in Arizona v. United States [opinion, PDF; JURIST report] serves as a strong reminder of the executive branch's power to create and enforce a coherent, and ideally compassionate, immigration policy. Two weeks ago, a coalition of civil rights groups asked a federal judge [JURIST report] to block a portion of Arizona's controversial immigration law [SB 1070, PDF; JURIST news archive] that requires police to check the immigration status of people they stop. Earlier in July, JURIST guest columnist Chris Schlag opined [JURIST op-ed] that the Obama administration's policy of "deferred action" toward young undocumented immigrants is a step in the right direction, but that more comprehensive legislation such as the DREAM Act is needed to ensure that the immigration system is fair and legally accountable.


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Mladic's cousin admits hiding accused war criminal for five years
Sung Un Kim on August 3, 2012 1:17 PM ET

[JURIST] A cousin of former Bosnian Serb Army commander Ratko Mladic [ICTY backgrounder; JURIST news archive] has admitted that he hid the accused war criminal in his house for five years, according to a local news agency. Branislav Mladic stated [Vecernji Novosti, report in Serbian] that he nursed his cousin for five years until he was arrested in 2011. Serbian authorities are considering what actions to take against Branislav Mladic, and a decision is expected next week. A spokesperson for the Serbian court stated that authorities and Branislav Mladicagreed upon a deal in which a suspended sentence will be given in exchange for Branislav pleading guilty. Ratko Mladic is currently on trial before the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] for charges on several counts of genocide and crimes against humanity committed during the Bosnian civil war [JURIST news archive] including murder, political persecution, forcible transfer and deportations, cruel treatment and the taking of peacekeepers as hostages.
Ratko Mladic's trial has been making slow progress after being postponed numerous times. Last month the ICTY postponed [JURIST report] the trial due to health problems. The trial came to an abrupt end when the former commander complained that he did not feel well. The prosecutors and victims have expressed concern that Ratko 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. The ICTY resumed [JURIST report] the trial only three days earlier with the testimony of witness Elvedin Pasic, who was a juvenile at the time of the Bosnian civil war in the 1990s. In June 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. Ratko Mladic's 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], he 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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Colombia transfers inmates to solve prison overcrowding problem
Dan Taglioli on August 3, 2012 1:14 PM ET

[JURIST] The Colombia Ministry of Justice [official website] on Friday announced a new initiative to solve the problem of overcrowding in the nation's prisons. INPEC [official website, in Spanish], Colombia's prison institute, has begun the transfer of 800 inmates [Columbia Reports report] from "La Modelo" prisons in Bogota and Cali to less crowded detention centers elsewhere in the country. Such transfers, along with house arrest for some inmates, were announced by Justice Minister Ruth Stella Correa as a first step in the process, which she also noted will require collaboration with the courts to deal with the longstanding overcrowding problem in certain areas. The Bellavista prison in Medellin, for example, was built to house approximately 2,400 inmates and this year had a population of over 7,700. In addition to the 800 transfers already underway, INPEC plans to move an additional 2,000 prisoners by October.
Prison overcrowding is a common problem across the globe. In June UN Deputy High Commissioner for Human Rights Kyung-wha Kang [official profile] urged [JURIST report] the government of Malawi to address the problem of prison overcrowding and improve the human rights condition in the country. That month Burundi announced that it would also release prisoners to solve overcrowding problems [JURIST report]. In April South Africa announced [JURIST report] that it will issue pardons to 35,000 offenders in order to ease prison overcrowding. In February Human Rights Watch (HRW) [advocacy website] called for the reduction of overcrowding [press release] to improve poor prison conditions in Latin America following a prison fire in Honduras, which killed more than 300 inmates and injured dozens more. In August, Venezuela announced [JURIST report] its plan to reduce its prison population by 40 percent. The prisons in the US are facing the same problem. In May 2011 the US Supreme Court [official website] ruled [JURIST report in Brown v. Plata [Cornell LII backgrounder; JURIST report] to uphold an order requiring California to release up to 46,000 prisoners to address the problem of prison overcrowding.


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Brazil court orders Chevron to suspend drilling in light of oil spills
Max Slater on August 3, 2012 11:59 AM ET

[JURIST] A federal court in Brazil on Wednesday ordered Chevron and drilling company Transocean [corporate websites] to suspend all oil drilling in Brazil within 30 days in the wake of two oil spills off the coast of Rio de Janeiro. A judge for Brazil's Regional Federal Court of the Second Region [official website, in Portuguese] ruled [AP report] that each company must pay 500 million reals, or 244 million dollars, for every day that they do not comply with the suspension. In November, a Chevron appraisal well leaked 155,000 gallons of oil. In March, oil started leaking again from the well and Chevron suspended production in that oil field. In its ruling on Wednesday, the court rationalized that two oil spills in the span of four months demonstrated that Chevron and Transocean cannot operate the wells safely. Chevron plans to appeal the ruling, saying that it complied with all applicable laws and industry standards.
Chevron continues to face legal battles associated with the oil spill last November. In April, a Brazilian prosecutor filed an $11 billion lawsuit against Chevron [JURIST report] after the company reported a new leak [press release] in the Frade oil field. hevron is also currently appealing an $18 billion fine [JURIST report] for pollution in the Amazon jungle. The judgment against Chevron was upheld in January by a three-judge panel of the Provincial Court of Justice of Sucumbios in Lago Agrio, Ecuador. The $18 billion fine, one of the largest in the history of environmental contamination suits, was originally set at $8.6 billion [JURIST report] but was more than doubled for Chevron's refusal to pay "moral reparations" to the Ecuadorian government, as required by the original ruling. The Amazon Defense Coalition [advocacy website], plaintiffs in the suit, have responded that the first judgment was a reaffirmation of how Chevron's greed and criminal misconduct in dumping billions of gallons of toxic waste into the river has led to death and disease. Damages were initially awarded in February by the Provincial Court of Justice of Sucumbios which found that Texaco, which was acquired by Chevron in 2001, polluted large areas of the country's rain forest.


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Slovakia files charges against accused Nazi arrested in Hungary
Dan Taglioli on August 3, 2012 10:55 AM ET

[JURIST] Slovakian authorities on Thursday announced that they have filed new charges against a 97-year-old Hungarian man arrested in Budapest last month on allegations of abusing and helping deport thousands of Jews during the Holocaust. The charges concern facilitating the deportation of Jews to Germany, and the case in Slovakia means that extradition proceedings may now be launched in Hungary. Earlier this week Slovak Justice Minister Tomas Borec [official profile, in Slovak] asked a court to seek from Hungary the extradition of the man alleged to be Laszlo Csatary [JURIST report]. The Hungarian man was arrested after the Simon Wiesenthal Center (SWC) [advocacy website], a Jewish human rights organization committed to finding and prosecuting Holocaust war criminals, submitted new evidence [JURIST report] to the Budapest prosecutor's office detailing the war crimes allegedly committed by Ladislaus Csizsik-Csatary, a former senior Hungarian police officer in the Slovakian city of Kosice. The evidence submitted to Prosecutor Dr. Gabor Hetenyi alleged that Csatary was one of the main actors responsible for deporting 300 Jews from Kosice to Kamenetz-Podolsk in Ukraine, where they were killed in 1941. The SWC also accused Csatary of being responsible for transferring about 15,700 Jews to Auschwitz [JURIST news archive]. According to a Czechoslovak court ruling from June 8, 1948, Csatary was found guilty of deportations to Nazi death camps and of unlawfully whipping, torturing or killing people in 1944, and he was sentenced to death in absentia. Czechoslovakia abolished the death penalty three years before dividing into Slovakia and the Czech Republic, so the death sentence would likely be changed to life imprisonment if Csatary is extradited from Hungary.
Earlier this month Hungarian prosecutors charged Csatary [JURIST report] with the "unlawful torture of human beings," a war crime that carries a maximum sentence of life in prison. Csatary is at the top of the SWC's list of most wanted Nazi war criminals [BBC backgrounder], and the SWC had already called on the Hungarian government to prosecute the Nazi war criminal [JURIST report] when the center issued its annual report in April. Nazi prosecution continues regardless of the ages of the criminals. In January the Ingolstadt Prosecutor's Office [official website, in German] filed a motion [JURIST report] to jail Klaas Faber, a Dutch native who fled to Germany after being convicted in the Netherlands in 1947 of Nazi war crimes. Germany reopened investigations into former Nazi death camp guards in October, which stemmed from the conviction of John Demjanjuk [JURIST reports], a former guard at a camp in Poland who was deported to Germany to stand trial for his alleged Nazi crimes. Last September alleged Nazi Sandor Kepiro died while he awaited an appeal [JURIST report] on his acquittal on war crimes charges.


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Minnesota court rules same-sex couples have inheritance rights
Max Slater on August 3, 2012 10:37 AM ET

[JURIST] A trial court in Minnesota ruled on Wednesday that the state's Defense of Marriage Act [text] does not prohibit partners in same-sex couples from inheriting each other's assets. A judge for the Hennepin County District Court [official website] declared [Minneapolis Star Tribune report] that while the Defense of Marriage Act bars same-sex couples from marrying, it does not prevent same-sex couples from having the same inheritance rights as heterosexual couples. The plaintiff in the case, James Morrison, sought to inherit the assets of his recently deceased partner, Thomas Proehl whom he married in California in 2008. State authorities prevented Morrison from collecting Proehl's assets. In his decision on Wednesday, Hennepin County District Court Referee George Borer stated that because the state legislature purposely omitted language from the text of the Defense of Marriage Act that denied "the benefits of marriage" to same-sex couples, the Act was not intended to deny rights such as inheritance to same-sex couples. David Potter, the attorney for Morrison, predicted [AP report] that the ruling could have a nationwide effect as states examine their own marriage laws.
Same-sex marriage [JURIST backgrounder] has been a contentious issue in Minnesota recently. In July, proponents of a Minnesota ballot initiative [text] to ban same-sex marriage under the state constitution petitioned the state Supreme Court [JURIST report] to change the title of the ballot initiative from back to its original title "Limiting the Status of Marriage to Opposite Sex Couples" back to its original title "Recognition of Marriage Solely Between One Man and One Woman." Minnesota Secretary of State Mark Ritchie changed the title in June. In January, a Minnesota appeals court ordered a trial court to review a lawsuit [JURIST report] challenging the state's ban on same-sex marriage. The appeals court remanded the case because the trial court had not adequately addressed plaintiffs' equal protection rights under the constitution. The ballot initiative would add the ban to the constitution.


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Rights group: Cuba must stop harassing political activists
Max Slater on August 3, 2012 9:33 AM ET

[JURIST] Amnesty International (AI) [advocacy website] urged [press release] the Cuban government on Thursday to stop harassing and detaining political and human rights activists. AI's call for an end to harassment by Cuban authorities came in the wake of Cuba releasing prominent political activist Jose Daniel Ferrer Garcia on Wednesday after detaining him for 36 hours. Ferrer Garcia is the coordinator of the Cuban dissident group Union Patriotica de Cuba (UNPACU) [advocacy website, in Spanish]. In the press release, James Burke, AI's campaigner on the Caribbean, compared Cuba's policy of detaining human rights activists to a game of cat-and-mouse:The latest arrest and short-term detention of Jose Daniel Ferrer Garcia continues the Cuban authorities' cat-and-mouse game with political dissidents and human rights activists. This practiceused as a form of harassment and intimidation to repress legitimate, peaceful activism and freedom of expressionmust come to a halt. UNPACU, which formed in mid-2011 as an umbrella group of Cuban dissident organizations, has been a repeated target of crackdowns by the Cuban government.
Cuba has had a history of suppressing political dissent [HRW backgrounder] through criminal prosecutions. In July, AI and the US government criticized Cuba [JURIST report] for arresting more than 40 activists who attended the funeral of prominent dissident Oswaldo Jose Paya Sardinas [personal website, in Spanish]. In December the government announced [JURIST report] that it would grant amnesty to and release 2,900 prisoners, including political prisoners. The announcement came in the wake of a scheduled visit by Pope Benedict XVI. Human rights activists have criticized the proposed amnesty because it was merely a protection of the country's image rather than a step towards a real reform. Alan Gross, a US contractor, who was sentenced [JURIST report] to 15 years in prison for attempting to undermine the communist government of Cuba, was not given amnesty.


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