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Legal news from Wednesday, August 15, 2012




AI: Hungary must do more to protect Roma communities
Max Slater on August 15, 2012 3:02 PM ET

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[JURIST] Amnesty International (AI) [advocacy website] on Wednesday urged [press release] the government of Hungary to protect the nation's Roma communities [AI backgrounder] from attacks. On August 5, violence erupted in the Hungarian village of Devecser when more than a thousand people gathered in the village square in a demonstration organized by the far-right Hungarian party Jobbik [party website, in Hungarian]. Several demonstrators chanted anti-Roma slogans and threw objects at Roma houses. According to AI, the police did nothing to stop the violence or arrest any demonstrators. In the press release, Jezerca Tigani, AI's Europe and Central Asia Deputy Program Director, called on the Hungarian government to condemn and investigate violence against Roma:
Discriminatory violence, and incitement to discriminatory violence, against any section of Hungarian society should be publicly condemned and all acts of racially motivated harassment and violence thoroughly investigated.
Tigani also asserted that the police failed their obligation to protect citizens from violence.

Roma [JURIST news archive] continue to be targets of discrimination in Europe. Two weeks ago the UN urged the international community to end discrimination against Roma [JURIST report]. In May the UN Office of the High Commissioner for Human Rights (OHCHR) [official website] implored the government of Moldova to adopt a comprehensive anti-discrimination law [JURIST report] that protects, amongst other groups, the Roma people. In April Human Rights Watch (HRW) [advocacy website] called on the government of Bosnia and Herzegovina to stop discriminating against Roma [JURIST report]. In October the OHCHR called on authorities [JURIST report] to end the hate speech and discrimination [press release] against the Roma migrants in Bulgaria. Last April AI 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 [JURIST report] documenting discrimination and human rights violations against Roma migrants 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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Families of slain Iran scientists sue US, UK, Israel
Rebecca DiLeonardo on August 15, 2012 2:47 PM ET

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[JURIST] Families of murdered Iranian nuclear scientists told reporters at a press conference on Wednesday that they have filed lawsuits against the US, UK and Israel for their governments' alleged involvements in the assassinations. The father of one of the scientists revealed that the families would ask Iran's judiciary to pursue their complaint internationally. At least five nuclear scientists have been murdered since 2010. Iranian authorities announced earlier this month [AP report] that 14 individuals have given confessions in association with the killings and that some had confessed to being trained in Israel. The US and UK have repeatedly denied involvement in the killing of the nuclear scientists despite their objections to Iran's nuclear program.

Iran's nuclear program remains controversial across the world, as many governments suspect the nation of producing nuclear weapons. In February UN Secretary-General Ban Ki-Moon called on Iran to prove its commitment not to seek nuclear weapons after giving remarks [JURIST report] at an event marking the 15th anniversary of the Comprehensive Nuclear-Test-Ban Treaty (CTBT). Earlier that month the US began imposing strict sanctions on Iran because of its nuclear program, although Iran has claimed that its nuclear rights are being taken away [JURIST reports]. The UN has also continued to respond to Iran's nuclear program with caution, with new sanctions being imposed in June 2010, increasing the restrictions placed on Iran from the first set of sanctions in 2006 [JURIST reports].




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Hong Kong court hears challenge to leader's election
Rebecca DiLeonardo on August 15, 2012 2:09 PM ET

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[JURIST] A court in Hong Kong has begun the hearing challenging the election of Hong Kong's new leader Leung Chun-ying [BBC profile]. Chairman of the Chinese Democratic Party [party website, in Chinese] Albert Ho filed two separate lawsuits last month seeking to overturn the election results [JURIST report], claiming that Leung made false and misleading statements during the election. Leung, a land surveyor, pledged that his house had no illegal structural improvements, but local media recently discovered his house contains six illegal structures. Ho has argued that Leung's election should be declared invalid because of his failure to disclose the illegal structures. Leung's main rival Henry Tang lost a significant number of supporters [BBC report] after it was found that his house contained an illegal basement used as an entertainment suite and wine cellar. Leung's lawyer argued on Wednesday that Ho's petition was filed too late [CNA report] and that Leung cannot be removed by a court now that he has already taken office.

Leung was sworn in as the chief executive of Hong Kong [Huffington Post report] in early July. Shortly after he was sworn in, more than 400,000 protesters organized in Hong Kong [AFP report] to protest his leadership. The rally was the largest protest in the city for more than ten years. Leung was elected to his position by obtaining a majority of votes from a committee of 1,200 business leaders and other influential citizens who support Beijing.




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Brazil judge suspends construction of dam in Amazon rainforest
Max Slater on August 15, 2012 1:54 PM ET

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[JURIST] A judge in Brazil ruled on Tuesday that construction on the Belo Monte Dam must stop until local indigenous communities are allowed to voice their opinions on the environmental impact of the dam. The Brazilian government declared [BBC report] that the dam would help make Brazil more self-sufficient in energy. However, many environmental and indigenous rights groups have condemned the project [CBC report], arguing that the dam will destroy wildlife and displace thousands of residents in the Amazon. In his decision, Judge Souza Prudente ordered that the Brazilian government must consult with native communities [CNN report] before any further construction on the dam proceeds. Norte Energia [corporate website, in Portuguese], the company responsible for building the dam, can appeal the decision [Agencia Brasil report, in Portuguese] to either the Brazil Supreme Court or the Superior Court of Justice [official websites, in Portuguese]. If completed, the 11 million megawatt Belo Monte Dam [BBC report] would be the third largest hydroelectric dam in the world, behind Three Gorges Dam in China, and Itaipu Dam, which is run by Brazil and Paraguay.

Brazil [JURIST news archive] has been at the center of several recent high-profile environmental legal disputes. Earlier this month a federal court in Brazil ordered Chevron and drilling company Transocean [corporate websites] to suspend all oil drilling in Brazil [JURIST report] in the wake of two oil spills off the coast of Rio de Janeiro. In April the Brazilian Chamber of Deputies [official website, in Portugese] passed controversial legislation [JURIST report] over intense opposition that eases conservation rules for farmers and provides amnesty from fines for illegally clearing trees. Earlier in April a Brazilian prosecutor filed an $11 billion lawsuit against Chevron [JURIST report] relating to leaks in an oil field in Brazil. In March a Brazilian prosecutor filed criminal charges against Chevron [JURIST report] with regard to an oil spill that occurred in late 2011.




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Appeals court blocks order to remove Ten Commandments monument to consider standing issue
Rebecca DiLeonardo on August 15, 2012 1:35 PM ET

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[JURIST] A three-judge panel for the US Court of Appeals for the Eleventh Circuit [official website] on Wednesday ordered [decision, PDF] a lower court to reconsider its decision ordering Florida's Dixie County Courthouse to remove a Ten Commandments monument [JPG] from its front steps. A federal judge last year ordered the monument to be removed [JURIST report], finding that if violated the Establishment Clause [Cornell LII backgrounder] of the Constitution. The American Civil Liberties Union of Florida (ACLUFL) [advocacy website] filed the lawsuit in early 2007 on behalf of an unidentified man who allegedly chose not to buy property in the county due to the monument. The appeals court determined Wednesday, however, that the man may not have had standing to sue. In his opinion, Judge Charles Wilson said the court below failed to consider statements made by the plaintiff that may have affected his standing in the case. As a result, the order to remove the monument was vacated, and the lower court has been ordered to reconsider whether the plaintiff in the case has standing to sue.

Ten Commandments displays at courthouses have been the subject of legal controversy in recent years. The US Court of Appeals for the Sixth Circuit in February 2011 upheld a lower court ruling barring the Ten Commandments [JURIST report] from being displayed in an Ohio courthouse. The Sixth Circuit in June 2010 upheld an injunction against similar displays [JURIST report] in two Kentucky courthouses. A month earlier, the same court denied an en banc rehearing in another case [opinion, PDF] involving the display of the Ten Commandments in a Grayson County, Kentucky, courthouse. The court found the display to be constitutional because it presented a valid secular purpose from the outset. In a 2005 decision, the Sixth Circuit ruled in favor of a Ten Commandments display [JURIST report] in a Mercer County, Kentucky, courthouse. A 2005 Supreme Court decision [JURIST report] prohibiting an earlier attempt at a similar display in Kentucky prompted lawmakers to propose a constitutional amendment [JURIST report] to overturn it. On the same day, the Supreme Court ruled that a six-foot-tall display of the Ten Commandments [JURIST report] on the grounds of the Texas state capitol was constitutionally acceptable because it had a secular purpose.




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Former Argentina president faces bribery charges
Rebecca DiLeonardo on August 15, 2012 1:06 PM ET

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[JURIST] Former president of Argentina Fernando de la Rua [BBC profile] faced trial on Tuesday on bribery charges associated with his term as president from 1999-2001. De la Rua is accused of bribing Senators for votes [JURIST report], including the payment of $5 million to senators in order to reduce legal protections for Argentine workers. A panel of judges already concluded that the $5 million was paid to the senators, and prosecutors in the case will now attempt to tie the bribe to de la Rua. Also on trial [La Nacion report, in Spanish] for bribery is de la Rua's former parliament secretary Mario Pontaquarto. Pontaquarto has already confessed to participating in bribery and has assisted the prosecution in building its case. De la Rua has denied the charges.

De la Rua has faced other charges associated with his past presidency. The Buenos Aires Appeals Court reinstated five charges of manslaughter [JURIST report] against de la Rua in 2009. The charges were dismissed in April of that year after a judge concluded that the prosecution had not established sufficient evidence to show that de la Rua initiated the chain of events that led to the deaths of five protesters. The deaths came during riots sparked by a national economic crisis [BBC report] that caused de la Rua to flee the presidential residence and eventually resign his office just two years into his term. De la Rua has also faced several other criminal charges. In 2008, he defended himself [JURIST report] against bribery charges. In December 2004, an Argentinian court charged [JURIST report] him with improperly allocating public funds for his own private use and for the use of his political party while serving in public office.




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HRW urges Ethiopia to release imprisoned Muslim leaders
Max Slater on August 15, 2012 11:39 AM ET

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[JURIST] Human Rights Watch (HRW) [advocacy website] urged [press release] the government of Ethiopia on Wednesday to release 17 prominent Muslim leaders who were arrested last month in the Ethiopian capital, Addis Ababa. HRW asserted that the Ethiopian government has used its anti-terrorism law [Anti-Terrorism Proclamation of 2009, text] as a tool to crack down on dissent, particularly dissent amongst the nation's Muslims, who constitute 30 percent of Ethiopia's population. In the press release, HRW senior researcher Ben Rawlence [official profile] contended that the detention of these 17 Muslim leaders constituted an abuse of power by Ethiopia's government:
The arrest of 17 prominent Muslims for exercising their basic rights to free speech is just the latest misuse of Ethiopia's laws, and notably its anti-terrorism law. All those held should be immediately released unless the government can promptly produce credible evidence of unlawful activity.
An Ethiopian court is expected to rule this week on whether to bring charges against the detained Muslim leaders.

Ethiopia [JURIST news archive] has drawn criticism from the international community regarding its recent human rights record. Last month UN High Commissioner for Human Rights Navi Pillay [official profile] expressed concern that Ethiopia is intimidating journalists [JURIST report]. Earlier in July, Amnesty International (AI) [advocacy website] criticized [JURIST report] the imprisonment of 20 activists in Ethiopia under the nation's anti-terrorism law. In June, the Ethiopian Federal High Court [official website, in Amharic] convicted [JURIST report] 24 journalists, political opposition leaders and others under the anti-terrorism law. In January, the Ethiopian court convicted [JURIST report] three journalists, a political opposition leader and a politician's assistant for conspiring to commit acts of terrorism in violation of the controversial law. Human rights groups such as HRW have criticized the conviction and called the government to drop all charges. In December HRW stated [JURIST report] that the controversial law is "fundamentally flawed and being used to repress legitimate reporting." The statement came after two Swedish journalists were convicted [Bloomberg report] of supporting terrorism.




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Federal judge dismisses mosque surveillance lawsuit to protect state secrets
Rebecca DiLeonardo on August 15, 2012 11:24 AM ET

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[JURIST] A judge for the US District Court for the Central District of California [official website] on Tuesday dismissed a lawsuit against the FBI [official website] alleging that it illegally directed its agents to spy on Muslim communities. Judge Cormac Carney dismissed the case after concluding that allowing the lawsuit to move forward would risk exposing important state secrets. The suit is based on information from a former FBI agent who says he was directed to convert to Islam and gather information [ACLU-SC case profile] about hundreds of members of various Muslim communities. It was filed by the American Civil Liberties Union of Southern California (ACLU-SC) and the Council on American-Islamic Relations (CAIR) [advocacy websites]. The FBI has disputed the scope of the investigation, saying the investigation was focused on specific individuals suspected of terrorist activity. US Attorney General Eric Holder [official profile] invoked the state secrets privilege [JURIST report] in the case last year. The Department of Justice (DOJ) [official website] then filed a motion to dismiss claims and for summary judgment, claiming that without the privileged information many of the claims against the FBI could not continue. Carney said in his decision that although he was uncomfortable with the conduct of the government, he found that the government interest of security outweighed the interests of the plaintiffs in this case. Carney allowed suits against individual FBI agents to go forward.

US law enforcement has come under scrutiny for targeting Muslim communities for surveillance in the past. A Muslim rights group filed a lawsuit [JURIST report] in June seeking to end a New York Police Department (NYPD) controversial surveillance program, which allegedly targets Muslim communities. In 2010, the FBI responded to criticism [press release] regarding alleged investigations into mosques and the Muslim community claiming that "the FBI [does not] have a surveillance program to monitor the constitutionally protected activities of houses of worship." A year earlier, FBI Director Robert Mueller said the FBI will continue investigating mosques [JURIST report] when there may be evidence or information regarding criminal wrongdoings after the Council of Islamic Organizations of Michigan sent a complaint to Holder alleging the FBI had been asking members of the Islamic community to spy on religious leaders and followers.




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Australia high court refuses to deport suspected Nazi war criminal
Max Slater on August 15, 2012 11:19 AM ET

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[JURIST] The High Court of Australia [official website] on Wednesday rejected a request [order] by the nation of Hungary to extradite a Nazi war crimes suspect. The case concerned a man named Charles Zentai [The Australian backgrounder], an Australian citizen and Hungarian native who was accused, along with two other Hungarian soldiers, of beating a Jewish teenager in Hungary to death in 1944 for not wearing a yellow Star of David identifying himself as a Jew. The high court ruled in a 5-1 decision that Zentai could not be extradited because "war crime" did not exist as a legal offense [CNN report] in Hungary in 1944. In its ruling, the high court upheld a 2010 Australian lower court decision, Zentai v. Honourable Brendan O'Connor [text; JURIST report], in which the court also declined to deport Zentai to Hungary. Zentai is listed as one of the 10 most wanted Nazi war criminals by the Simon Weisenthal Center [official website], a Jewish human rights organization.

The deportation of alleged Nazi collaborators has been a contentious legal issue recently. Earlier this month Slovakian authorities filed charges against a 97-year-old Hungarian man arrested [JURIST reports] in Budapest in July on allegations of abusing and helping deport thousands of Jews during the Holocaust. In May a US immigration court ordered the deportation of former SS guard Anton Geiser [JURIST report] to Austria for serving as an armed guard at the Sachsenhausen and the Buchenwald concentration camps during World War II. In January German prosecutors filed a motion [JURIST report] to imprison Klaas Faber, a Dutch native who fled to Germany after being convicted in the Netherlands in 1947 of Nazi war crimes.




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Pennsylvania judge refuses to block voter ID law
Max Slater on August 15, 2012 10:31 AM ET

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[JURIST] A judge for the Pennsylvania Commonwealth Court [official website] on Wednesday declined to issue an injunction [order, PDF] to prevent the state's voter ID law [HB 943 materials] from taking effect. The plaintiffs in the case are Pennsylvania residents who lack photo ID. They argued that HB 943 will disenfranchise a large number of voters and that Pennsylvania's rationale of preventing voter fraud is unfounded. Pennsylvania argued that HB 943 is necessary to ensure the integrity of elections and that the legislature acted within its purview. In declining to block enforcement of the voter ID law, Judge Robert Simpson determined that under the US Supreme Court's precedent in Crawford v. Marion County Election Board [LII backgrounder], the voter ID law does not impose an unconstitutional burden on Pennsylvania residents who lack photo ID:
Employing the 'flexible' standard discussed in Crawford in the context of a very similar state statute in Indiana, I reach the same conclusions the United States Supreme Court reached. ... Thus, the photo ID requirement ... is a reasonable, non-discriminatory, non-severe burden when viewed in the widespread use of photo ID in daily life. The Commonwealth's asserted interest in protecting public confidence in elections is a relevant and legitimate state interest sufficiently weighty to justify the burden.
The plaintiffs plan to appeal the case to the Pennsylvania Supreme Court [official website].

In July the US Department of Justice (DOJ) [official website] announced that it would investigate Pennsylvania's voter ID law [JURIST report]. The American Civil Liberties Union of Pennsylvania [advocacy website] challenged the law [petition for review, PDF; JURIST report] in May, asking a court to block enforcement of the law in the upcoming November elections. The group claims that the new law violates the Pennsylvania Constitution [text] and will prevent eligible voters from casting their votes. Pennsylvania Governor Tom Corbett [official website] signed the bill into law [JURIST report] in March. It was passed earlier that week in the House of Representatives by a vote of 104-88. Supporters of the proposed legislation said that it will combat voter fraud. Unlike the current trend of voter ID laws, Pennsylvania's allows voters to vote without an ID as long as they verify their identity within six days of voting. Absentee ballots will also only require identification by Social Security number. There are now 32 US states [NCSL backgrounder] that require voters to present some form of ID at the polls, but the issue remains controversial.




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UN report: Syria government has committed serious war crimes
Rebecca DiLeonardo on August 15, 2012 10:00 AM ET

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[JURIST] Syrian forces and their supporting Shabbiha fighters have committed "war crimes and gross violations of international human rights and humanitarian law," according to a report [text, DOC; press release, PDF] released Wednesday by the UN Independent International Commission of Inquiry (COI). The report found that government and Shabbiha forces are responsible for instances of rape, murder, torture and attacks against civilian populations. The report further concluded that the Syrian government was responsible for the deaths of more than 100 civilians, including women and children, in Al-Houla in May. The COI had previously released an inconclusive report [JURIST report] suggesting that government forces in Syria played a role in the deaths. The new report confirms that Shabbiha fighters and government forces were responsible for the massacre. The report also notes that anti-government forces have also committed human rights violations, but says that "these violations and abuses were not of the same gravity, frequency and scale as those committed by Government forces and the Shabbiha." UN Under-Secretary-General for Humanitarian Affairs Valerie Amos [official profile] visited Syria on Wednesday and urged [press release] both sides of the Syrian conflict to respect international law and strive to protect those displaced by the violence. The government of Syria has reported that about 1.2 million people have been been forced to leave their homes because of the conflict. Amos noted that displaced civilians are experiencing shortages of food, clean water, and medical care.

The international community has strongly criticized the Syrian government during its prolonged and violent conflict with opposition forces. Head of the UN Supervision Mission in Syria (UNSMIS) [official website] on Monday expressed concern [JURIST report] about the growing number of civilian casualties in violent clashes between government forces and armed opposition groups. Earlier this month the UN General Assembly passed a resolution [JURIST report] criticizing the Syrian government for increasing its use of heavy weapons and calling on both sides of the conflict to stop fighting. Also this month Amnesty International published a report holding Syria responsible for crimes against humanity [JURIST report]. UN High Commissioner for Human Rights Navi Pillay in July insisted that the Syrian government take steps to protect civilians [JURIST report] during armed conflicts. Earlier that month, Amos urged parties to the conflict to avoid harming civilians [JURIST report]. She stressed that failure to take precautions to distinguish between civilians and combatants amounts to a war crime.




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Australia high court upholds cigarette packaging law
Max Slater on August 15, 2012 9:33 AM ET

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[JURIST] The High Court of Australia [official website] on Wednesday upheld [press release, PDF] a law that requires cigarette packages to display graphic images warning of the dangers of smoking and bans brand logos. The plaintiffs in the case were several tobacco companies which argued that the law in question, the Tobacco Plain Packaging Act [text] unconstitutionally infringed upon their intellectual property rights by banning the use of logos from cigarette packages [BBC report]. The high court held that the Act was within the scope of the powers of the Australian Parliament [official website]:
The plaintiffs sought to rely upon the restraint upon the legislative power of the Commonwealth Parliament found in s 51(xxxi) of the Constitution, which empowers the Parliament to make laws with respect to "the acquisition of property on just terms". The plaintiffs argued that some or all of the provisions of the Act were invalid because they were an acquisition of the plaintiffs' property otherwise than on just terms. At least a majority of the Court is of the opinion that the Act is not contrary to s 51(xxxi).
A more detailed judgment from the court is expected soon.

The Tobacco Plain Packaging Act has raised controversy since it was enacted [JURIST report] in November. In December, JURIST guest columnist Allyn Taylor opined [JURIST op-ed] that a successful lawsuit by tobacco companies challenging the Plain Packaging Act could be a major setback for government efforts to protect the public from the dangers of tobacco. Earlier in December, a major tobacco company, Imperial Tobacco [corporate website] filed a lawsuit [JURIST report] challenging the Plain Packaging Act. This came on the heels of another tobacco company, British-American Tobacco [corporate website] challenging the Act [JURIST report]. In November, Philip Morris Ltd. [corporate website] initiated legal proceedings [JURIST report] to block enforcement of the Act.




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Putin urged not to implement NGO 'foreign agents' law
Brandon Gatto on August 15, 2012 8:16 AM ET

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[JURIST] Executive Director of Greenpeace International [advocacy website], Kumi Naidoo, on Tuesday called on Russian President Vladimir Putin [official website, in Russian; JURIST news archive] to refrain from implementing a new law [materials, in Russian] that labels rights groups that receive overseas funding as "foreign agents," a term often associated with "spies" in Russia. The law, already passed by both houses of Russia's parliament and signed by Putin, provides that foreign-funded non-governmental organizations dealing with "political activity," such as Greenpeace Russia, must register with the Ministry of Justice [official website] as "foreign agents," and that they must also file quarterly reports with Justice officials. Penalties for an organization's noncompliance include six months' suspension without a court order and, for individuals, up to three years in prison. Naidoo criticized the law [Reuters report] as both "backward-looking" and "anti-democratic," sentiments that have not been uncommon since the president's reelection in May. Russia, on the other hand, has parried criticisms by labeling them a "gross interference" in its domestic affairs.

Greenpeace International is not alone in its views of Russia's new "foreign agents" law. Last month the US State Department [official website] claimed [Reuters report] it had "deep concern" about the new bill, but was likewise reminded by Moscow that such an issue involves domestic rather than international policy. Russia's Federal Council [official website], the upper house of parliament, approved the bill [JURIST report] last month much to the dismay of Putin's critics, who consider the bill an effort to curb free speech [RFE/RL report] and the right to assemble. Additionally, UN High Commissioner for Human Rights Navi Pillay [official profile] has stated [Reuters report] that Putin's recent regime is regressing into a more restrictive, Soviet-style type of government where freedoms are not recognized. The legislation was approved [JURIST report] by the State Duma [official website, in Russian], the lower house of parliament, only a few days prior. Three UN experts urged Russia to reject the bill [JURIST report] prior to its passage.




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