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

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

[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

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

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

[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

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

[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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