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Legal news from Thursday, August 30, 2012




UN rights chief urges Gambia to halt executions
Keith Herting on August 30, 2012 3:33 PM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official website] urged Gambian authorities Thursday to enact an immediate moratorium on the use of the death penalty [press release]. The statement is a response [UN News Centre report] to the execution of nine prisoners [JURIST report] on Sunday following a 27-year moratorium on the practice. In addition to those executions, President Yahya Jammeh [official website] announced that all remaining death row inmates would be executed, by firing squad, by mid-September. Pillay said:
The confusion and lack of transparency for several days over whether the executions actually took place, and accompanying uncertainty about the identity of those executed, is unacceptable, particularly for the family members of those killed. Secretly executing individuals without informing their families amounts to inhuman treatment. ... The statement by President Yahya Jammeh that all remaining death sentences would be carried out by mid-September is extremely worrying, and raises serious questions about the motivation behind the sudden rush to execute.
Pillay also noted that the fairness of capital trials in the nation made the recent executions particularly suspect and might be contrary to requirements of the International Covenant on Civil and Political Rights [treaty text] which was ratified by the Gambia.

The issue of the death penalty [JURIST news archive] continues to be debated on an international level as well as in individual states in the US. In July Singapore announced it planned to relax mandatory death sentences in certain cases [JURIST report]. Just one week before UN Secretary-General Ban Ki-Moon [official profile] called for an end to capital punishment [JURIST report]. In April an initiative in California dealing with overhauling death penalty laws in the state made it on to the ballot for a November vote.




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Federal court rejects Texas voter ID law
Brandon Gatto on August 30, 2012 3:29 PM ET

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[JURIST] A three-judge panel in the US District Court for the District of Columbia [official website] on Thursday unanimously rejected a Texas law [opinion, PDF] requiring voters to present photo identification to election officials before casting their ballots. The judges concluded that the law [SB 14 text] is "the most stringent [of the photo ID laws] in the country," and would "almost certainly have a retrogressive effect," namely "strict, unforgiving burdens on the poor." According to the judges, this finding of a retrogressive effect within the law necessarily invalidated it under Section 5 of the Voting Rights Act of 1965 (VRA) [text, PDF]. In light of the decision, Texas Attorney General Greg Abbott [official website] announced plans to appeal [press release] the ruling to the US Supreme Court [official website], though the matter will not be taken up before this November's elections.

The US Department of Justice (DOJ) [official website] rejected the Texas law [JURIST report] in April, noting that SB 14 would have a disproportionate impact on the state's Latino voters, and that the law is potentially discriminatory. The charge came only a month after the DOJ sent a letter [JURIST report] claiming that the law violated Section 5 of the VRA. There are currently 33 US states [NCSL backgrounder] that have passed legislation requiring voters to present some form of ID at the polls, including 17 states requiring photo ID. The issue remains legally controversial, most notably in South Carolina, Pennsylvania, Wisconsin and Minnesota [JURIST reports].




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Federal judge halts West Virginia sex-segregated classes
Keith Herting on August 30, 2012 3:09 PM ET

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[JURIST] A judge for the US District Court for the Southern District of West Virginia [official website] on Wednesday issued a temporary injunction blocking same-gender classes at a West Virginia middle school. The order follows a lawsuit [press release] brought by the American Civil Liberties Union (ACLU) [advocacy website] on behalf of a mother of three daughters studying at Van Devender Middle School in Wood County, West Virginia, which separated students and curriculum based on the students' gender. The mother claims [letter] the policy does not allow her daughters to choose a co-educational class and that they have suffered "emotional and physical distress" as a result of the separated learning environments. According to a Charleston Gazette op-ed by Sarah Rogers, staff attorney for the ACLU, there is "no credible research showing that separating boys and girls in school produces better academic outcomes. There is, however, credible research demonstrating that single-sex classes perpetuate sex stereotypes and result in unequal educational opportunities for boys and girls." The injunction [ACLU press release, PDF] demands that the school return to a co-educational system on Monday until a final decision on the case can be made.

The effort to end same-sex classes is part of the ACLU's Teach kids, not stereotypes [ACLU backgrounder] initiative. The ACLU had previously sent a letter [text, PDF] to the Wood County School District outlining their case for reintegration in which they claim the segregated classes violate federal Title IX [text], which bars schools from discrimination on the basis of sex.




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US charges Guantanamo detainee with supporting terrorism
Brandon Gatto on August 30, 2012 2:08 PM ET

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[JURIST] The US Department of Defense announced Wednesday that the Chief Prosecutor for Military Commissions [official websites] has filed terrorism charges [press release] against a Saudi Guantanamo Bay [JURIST backgrounder] prisoner accused of plotting with al Qaeda to blow up oil tankers near Yemen. The detainee, Ahmed al Darbi, has been accused of six offenses [Reuters report] under the Military Commissions Act of 2009 [text], including conspiracy, aiding and abetting attacks on civilians, and aiding and abetting terrorism based on his former work as a weapons instructor, contact with Osama bin Laden, and support of bombing civilian oil tankers. According to the statement released by the Pentagon:
These sworn charges allege that al Darbi joined a terrorist conspiracy with al Qaeda by the year 1997. In furtherance of this conspiracy, al Darbi is alleged to have attended the Khalden training camp in Afghanistan, to have received personal permission from Usama bin Laden to train at al Qaeda's Jihad Wahl training camp, and to have worked as a weapons instructor at al Qaeda's al Farouq training camp, both in Afghanistan. From approximately 2000 through 2002, al Darbi is also alleged to have committed multiple overt acts in support of a plot to bomb civilian oil tankers in the Strait of Hormuz and off the coast of Yemen.
Al Darbi's lawyer has yet to comment on the charges, though his client could face up to life in prison if convicted.

Al Darbi dodged similar charges in 2009 when the Obama administration contemplated closing Guantanamo Bay. Those proceedings were delayed several times before being dismissed, but not before al Darbi announced his plan to boycott [JURIST reports] the military commission as a "sham" and a "crime against humanity." The original two charges were filed in 2008 [JURIST report] after it was alleged that the Saudi detainee had formerly conspired in support of terrorism. Al Darbi received his first infamous attention in 2007 when the Department of Defense revealed that he is the brother-in-law [JURIST report] of Khalid al Mihdar, a 9/11 hijacker. Al Darbi was captured in Azerbaijan in 2002.




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Maldives commission rules former president's resignation was voluntary
Rebecca DiLeonardo on August 30, 2012 1:08 PM ET

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[JURIST] A Maldives commission of inquiry concluded Thursday that former president Mohamed Nasheed's resignation and the transfer of power to current President Mohammed Waheed Hassan [official profile] were legal [report, PDF]. In its report, the Commission of National Inquiry (CONI) [official website] rejected claims by Nasheed that he was forced to resign at gunpoint, finding that he resigned of his own free will when he issued the announcement [JURIST report] in February after weeks of national protest. Protests erupted in the country after the military arrested the chief justice of the criminal court [JURIST report] for corruption charges associated with his order to release an opposition leader. Hassan in February appointed CONI to investigate the violence [JURIST report] accompanying his rise to power. The commission's report also concluded that acts of police brutality during the protests needs to be investigated further.

The arrest of the chief justice and the resulting unrest in Maldives sparked weeks of tension and unrest that drew international attention. A court in the Maldives last month refused to hear a case [JURIST report] about the illegal arrest of the chief justice against Nasheed, saying it does not have jurisdiction. Earlier that month the Committee to Protect Journalists (CPJ) claimed that press freedom in the country has been deteriorating [JURIST report] since Nasheed's resignation in February. In April the Maldives Police Service referred the case against Nasheed to the Prosecutor's General Office two months after an arrest warrant [JURIST reports] was issued for him. Nasheed has claimed that the arrest and charges against him were politically motivated. A group of Maldives lawyers in January asked the International Criminal Court (ICC) to review the legality of the arrest of Chief Justice Abdulla Mohamed [JURIST report]. During the same month, the Maldives Minister of Foreign Affairs had asked [JURIST report] the UN to help them to resolve the unrest arising out of the arrest of the chief justice.




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UN SG concerned about Iran human rights, nuclear program
Rebecca DiLeonardo on August 30, 2012 11:58 AM ET

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[JURIST] UN Secretary-General Ban Ki-moon [official profile] on Wednesday expressed concern [press release] about Iran's human rights conditions and nuclear program during a visit to Tehran. In several comments since his arrival, Ban stressed the importance of international cooperation and improving the welfare the Iranian people. In a news conference shortly after his arrival in Iran, Ban highlighted the importance of improving the human rights situation [AP report] in Iran, noting that citizens currently experience numerous violations. Ban also expressed concern about Iran's nuclear program, and encouraged Iranian authorities to "prove to the world that its nuclear programme is for peaceful purposes." Ban has traveled to Tehran to attend the 16th summit of the Non-Aligned Movement (NAM) [official website] that is taking place in the city this week.

Iran's nuclear program continues to raise international concern. Earlier this month, US President Barack Obama announced two new economic sanctions [JURIST report] 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 Obama explained that the penalties were imposed to prevent funding for "Iran's illicit proliferation activities." In March, the European Court of Justice (ECJ) upheld a lower court decision [JURIST report] that a UK subsidiary of Bank Melli Iran (BMI) can be included in a list of entities engaged in nuclear proliferation. A 2007 UN Security Council Resolution [Resolution 1337 text] requires member states to freeze the assets, funds and economic resources of entities and their subsidiaries that are determined to be "engaged in, directly associated with or providing support for Iran's proliferation sensitive nuclear activities or the development of nuclear weapon delivery systems."




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Federal judge partially blocks Florida voter registration law
Max Slater on August 30, 2012 10:27 AM ET

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[JURIST] A judge for the US District Court for the Northern District of Florida [official website] on Tuesday blocked [order, PDF] Florida from implementing a portion of its controversial voting law [HB 1355 materials] that shortens the deadlines for groups conducting voter registration drives to submit registration forms to the state. The Florida law imposes a $1000 per day fine on any group that fails to provide voter registration forms to state election officials within 48 hours of voters filling them out. The 48-hour time window was shortened from a previous window of 10 days to submit the forms. Reaction to Judge Robert Hinkle's decision to enjoin the law was mixed. Lee Rowland, a lawyer for the Brennan Center for Justice [advocacy website], applauded the injunction [Reuters report] as a victory against voter suppression. Proponents of the voter registration restrictions contend that the restrictions are necessary to prevent voter fraud. Both Florida and several groups challenging the voting law have agreed not to appeal Hinkle's ruling.

Florida has recently faced numerous legal challenges to its controversial voting laws. Two weeks ago the US District Court for the District of Columbia [official website] declined to approve changes to Florida's voting law that limits the number of early voting days, saying that the changes would disproportionately affect minority voters [JURIST report]. Earlier in August a Florida administrative law judge heard a challenge to the law [JURIST report]. Florida has also recently faced challenges to its purging policy from the American Civil Liberties Union of Florida (ACLU-FL) [official website; JURIST report] and a coalition of rights groups [JURIST report] on behalf of several Florida citizens. In June the state said continue to search for ineligible voters even after receiving a letter from DOJ ordering them to stop the practice, prompting DOJ to sue the state. Also that month a federal judge blocked [JURIST report] part of Florida's new election law that required any group that conducts a voter registration drive to turn in registration forms within 48 hours of collecting them or else face a $1,000 per day fine. Last October the state submitted a request [JURIST report] to a federal court challenging the Voting Rights Act (VRA) [text].




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India high court affirms death sentence for gunman in Mumbai attacks
Max Slater on August 30, 2012 10:22 AM ET

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[JURIST] The Supreme Court of India [official website] on Wednesday upheld [judgment, PDF] the death sentence for Mohammad Ajmal Kasab [WSJ backgrounder; JURIST news archive], the only surviving shooter in the 2008 Mumbai terrorist attacks [BBC backgrounder; JURIST news archive]. Kasab, a Pakistani national, was convicted [JURIST report] in May 2010 of waging war against India, multiple murders and conspiracy for his participation in the Mumbai attacks during which gunmen targeted hotels, Mumbai's main railway station and a Jewish cultural center. The Supreme Court held that the death penalty was warranted in Kasab's case due to the massive loss of life that the terrorist attacks caused and the threat the attacks posed to the security and sovereignty of India:
In short, this is a case of terrorist attack from across the border. It has a magnitude of unprecedented enormity on all scales. The conspiracy behind the attack was as deep and large as it was vicious. The preparation and training for the execution was as thorough as the execution was ruthless. In terms of loss of life and property, and more importantly in its traumatizing effect, this case stands alone, or it is at least the very rarest of rare to come before this Court since the birth of the Republic. Therefore, it should also attract the rarest of rare punishment.
More than 160 people were killed in the 2008 attacks, which lasted for three days.

In October the Indian Supreme Court stayed the execution after Kasab filed an appeal challenging the death sentence [JURIST reports]. In February 2011 an Indian appeals court upheld [JURIST report] Kasab's conviction and death sentence. In January 2010 a judge denied [JURIST report] Kasab's request for an international trial after Kasab claimed that he would not receive a fair trial in India. In March 2010 US citizen and Chicago resident David Headley pleaded guilty [JURIST report] to 12 counts of federal terrorism stemming from the Mumbai terror attacks and a terror incident in Copenhagen. A federal jury acquitted Tahawwur Hussain Rana [JURIST report], a Chicago resident with Canadian citizenship, of participating in the Mumbai terror attacks in June, but convicted him on two counts of planning to attack a Copenhagen newspaper after Headley testified at his trial. In December, Spanish authorities arrested seven men [JURIST report], including six Pakistanis and one Nigerian, in Barcelona suspected of aiding in the Mumbai terror attacks by allegedly stealing passports and other identification documents belonging to male tourists between the ages of 20 and 30, then sending the documents to Thailand where they would be forged and then forwarded to terrorist groups.




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Chile high court rejects thermoelectric power plant citing environmental concerns
Jennie Ryan on August 30, 2012 8:30 AM ET

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[JURIST] The Supreme Court of Chile [official website] on Wednesday rejected a plan to build a thermoelectric power plant in the Atacama region of the country, citing concern about potential pollution. The high court rejected the plan, overturning the environmental license of the Central Castilla thermal power plant, a joint venture between Brazilian company MPX Energia [corporate website, in Portuguese] and German company E.ON [corporate website], out of concern that the planned power plant would "harm the constitutional guarantee that one can live in an environment free of pollution." The high court said it will allow the companies to resubmit their plan following completion of an environmental impact study. However, it is unclear whether MPX and E.ON will choose to do so. In a statement [text, in Portuguese], MPX said that "in light of the decision of the Supreme Court of Chile, the company will reassess their business strategy in Chile."

The environmental impact of power plants has been at issue in Chile recently. In April the Supreme Court of Chile ruled that a hydroelectric dam in Patagonia does not violate the constitutional rights [JURIST report] of the environmental groups opposing the project. The HidroAysen [project website, in Spanish], a private Chilean venture, seeks to build five dams whose construction was approved [Huffington Post report] by the Chilean government in May 2011. In June 2011 a Chilean appeals court ordered the temporary suspension [JURIST report] of the USD $10 billion HidroAysen project, approving three petitions challenging government authorization of the dam construction and granted the plaintiffs' petition for injunction. The court lifted the temporary suspension [Reuters report] in October 2011 allowing work on the project to move forward and spurring a constitutional challenge by environmentalists.




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Federal judge denies motion to dismiss ACLU suit against US Border Patrol
Jennie Ryan on August 30, 2012 7:59 AM ET

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[JURIST] A judge for the US District Court for the Western District of Washington at Tacoma [official website] on Monday denied [order, PDF] a motion to dismiss a lawsuit against the US Border Patrol [official website] alleging that agents are routinely stopping vehicles to check the immigration status of Latinos without legal justification. The American Civil Liberties Union of Washington (ACLU-WA) and the Northwest Immigrant Rights Project (NWIRP) [advocacy websites] filed the lawsuit [JURIST report] in April on behalf of three individuals who claim they were stopped and interrogated based solely on their ethnicity. In its motion to dismiss, the US government argued that the court did not have jurisdiction hear the claim because there is no private cause of action pursuant to 8 USC § 1357 [text] under which the claim was brought. In denying the motion, the judge ruled that the court has jurisdiction pursuant to the Administrative Procedures Act (APA) [text], to review agency action in violation of § 1357. The denial of the motion allows the case against the US Border Patrol to move forward.

In March Amnesty International (AI) [advocacy website] accused the US Border Patrol and Immigration and Customs Enforcement (ICE) [official website] of discrimination and rights abuses [JURIST report] along the border between Mexico and the US. AI claims that discriminatory practices and harsh policies responding to immigration by US officials results in the deaths of hundreds each year, and that as many as 5,287 died crossing the border between 1998 and 2008. The report comes as a general movement has been sweeping the country toward tougher enforcement of immigration policy. The trend began with a controversial law in Arizona [JURIST news archive], and similar legislation has passed in Alabama, Georgia, Utah, South Carolina and Indiana [JURIST reports]. The US Supreme Court partially upheld [JURIST report] Arizona's law in June.




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