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Legal news from Wednesday, September 5, 2012 |
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Greece judges protest proposed pay cuts under austerity measures
Sung Un Kim on September 5, 2012 3:16 PM ET

[JURIST] Greek judges and court employees on Wednesday assembled in front of the country's Supreme Court in Athens to protest proposed pay cuts under the austerity measures for 2013-2014 which will eliminate public sector jobs and lower wages and pension plans. Around 200 judges, public prosecutors and court workers announced [AP report] that they will cut the operating hours of courts if the proposed new cuts are approved. Salaries of the group have been already cut by 38 percent, and the new proposal is expected to decrease salaries by additional 20 percent. They argue that additional pay cuts would deny them the ability to live a life in dignity. It was also reported that police, fire fighter and coast guard associations are planning to protest on Thursday. Greece proposed the new package in order to obtain the 31 billion euro rescue loan installment. If Greece is not able to receive the loan, its standing within the EU would be endangered.
The austerity measure that faces heavy criticism was approved [JURIST report] by the Greek Parliament [official website, in Greek] in February securing a second bailout for the country to avoid bankruptcy amidst rioting and violence in downtown Athens. Tension was sparked right after the 199-74 vote for the austerity measure when protesters and police officials clashed resulting in looting and burning of buildings. Prime Minister Lucas Papademos [official profile] warned that rejecting the measure would jeopardize Greece's standing in the European community. In July of last year, UN Office of the Commissioner on Human Rights [official website] Independent Expert on foreign debt and human rights, Cephas Lumina, warned [JURIST report] Greece that implementation of previous austerity measures to solve its economic crisis [BBC backgrounder] could result in serious violations of basic human rights. The Greek Parliament passed previous austerity measures with $40 billion in budget cuts, in addition to selling $72 billion in state assets, under pressure from them International Monetary Fund (IMF), the EU and the European Central Bank [official websites], which want to stave off Europe's first sovereign default.


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Germany minister: religious circumcision legal in Berlin
Sung Un Kim on September 5, 2012 2:54 PM ET

[JURIST] A German state official clarified [press release, in German] Wednesday that circumcision [JURIST news archive] for religious reasons is legal in Berlin. State justice minister Thomas Heilmann [official profile, in German] stated that circumcision would be legal if (1) parents consent to such procedure in writing after they were informed of the associated risks; (2) parents are able to present the religious reason and need for such procedure; and (3) the procedure is performed according to the acknowledged medical standard. The announcement came after a Jewish hospital in Berlin asked the justice minister to clarify the legality surrounding the circumcision procedure. The inquiry was in response to the June ruling by the Cologne state court [official website, in German] that circumcising young boys based on religious traditions is prohibited [JURIST report] even if the parents consent to the procedure. It addressed the issue of whether to criminalize the circumcision of Muslim and Jewish children and reasoned that a child's right to physical integrity is above the freedom of religion and parents' rights.
In July, responding to the controversial decision by the Cologne state court, the German government announced [JURIST report] that it will act swiftly to lift criminal sanctions imposed on circumcision. Spokesperson for Chancellor Angela Merkel [official website, in German], Steffen Seibert, said that without adequate protections for the practice of circumcision, Jewish and Muslim communities would not be able to live in Germany because the practice is so fundamental to the groups.


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Mauritania extradites Libya ex-intelligence chief
Maureen Cosgrove on September 5, 2012 9:29 AM ET

[JURIST] Mauritanian authorities extradited former Libyan chief of intelligence Abdullah al-Senussi to Libya on Wednesday according to Mauritania state news agencies. Al-Senussi was arrested [JURIST report] in Mauritania in March, and Libya is now seeking to try al-Senussi [BBC report] for crimes he purportedly committed while serving under former Libyan leader Muammar Gaddafi [BBC obituary; JURIST news archive]. Libya's National Transitional Council (NTC) [official website, in Arabic], the International Criminal Court (ICC) [official website] and France have all requested custody of al-Senussi. The ICC issued an arrest warrant [JURIST report] for al-Senussi in June 2011 on charges of murder and persecution for planning attacks on civilians during the Libya conflict [JURIST backgrounder], but he is also suspected of organizing mass rapes [JURIST report]. France requested custody because al-Senussi was sentenced to life in prison in France for his role in a 1989 plane bombing over Niger that killed 170 people, including 54 French citizens. Al-Senussi also faces charges of illegally entering Mauritania [JURIST report]. Both members of Gadaffi's "inner circle" [JURIST report], al-Senussi and Gadaffi's son Saif al-Islam Gaddafi, have now been arrested.
In November former ICC chief prosecutor Luis Moreno-Ocampo detailed the charges [JURIST report] against al-Senussi and Saif al-Islam to the UN Security Council [official website]. Saif al-Islam was arrested in November, is currently in Libyan custody and faces trial this month [JURIST reports]. Earlier in November Ocampo said that he has evidence against Saif al-Islam for his role in planning attacks on Libyan civilians [JURIST report]. According to Ocampo, Saif al-Islam hired mercenaries to assist him in carrying out his plans to attack civilians that protested the rule of his father.


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Federal judge rules sex reassignment surgery medically necessary for inmate
Julia Zebley on September 5, 2012 6:33 AM ET

[JURIST] The chief judge for the US District Court for the District of Massachusetts [official website] ruled [opinion, PDF] Tuesday that an inmate serving life without parole must be granted gender reassignment surgery as it is the only possible treatment for her gender identity disorder [NLM backgrounder]. Judge Mark Wolf contended that to do otherwise would constitute a violation of the Eighth Amendment [text] prohibition against cruel and unusual punishment, as the Massachusetts Department of Corrections [official website] would be denying a medically necessary procedure under the Harry Benjamin Standards of Care [text]:The Eighth Amendment prohibits cruel and unusual punishment. The Supreme Court has explained that "[t]he Amendment embodies broad and idealistic concepts of dignity, civilized standards, humanity, and decency." Among other things, the Eighth Amendment does not permit the unnecessary infliction of pain on a prisoner, either intentionally or because of the deliberate indifference of the responsible prison official. Any such infliction of pain is deemed "wanton." The wanton infliction of pain on an inmate violates the Eighth Amendment. Prisoners have long been held to have a right to humane treatment, including a right to adequate care for their serious medical needs. It may seem strange that in the United States citizens do not generally have a constitutional right to adequate medical care, but the Eighth Amendment promises prisoners such care. Wolf's opinion clarifies that gender reassignment does not fall under the standard of "adequate care" in all gender identity disorder cases, only the ones where the inmate has a diagnosis that proves so severe that only gender reassignment would alleviate suffering. The inmate in question, Mark Kosilek, has been under female hormone therapy treatment and anti-depressants for a number of years, but still remains at risk for self harm and suicide. Wolf found that Kosilek had proven gender reassignment was necessary for her adequate care as an inmate in Massachusetts: "Although female hormones have helped somewhat, he continues to suffer intense mental anguish because of his sincere and enduring belief that he is a female trapped in a male body. That anguish alone constitutes a serious medical need." Although an increasing number of prisons recognize gender identity disorder as a compelling medical ailment that requires treatment, most US health insurance policies do not cover [HRC backgrounder] gender reassignment surgery. Massachusetts passed a transgender anti-discrimination law [JURIST report] late last year.
Earlier this year, the US Supreme Court declined to rule [JURIST report] on a similar case, letting a lower court's decision that found hormone therapy for transgender inmates as medically necessary stand. The standing decision from the Seventh Circuit was analyzed [JURIST comment] by JURIST contributor John Knight [profile], who suggested that laws and regulations against transgender therapy are "blatantly discriminatory" due to "popular biases being put ahead of medical research, singling out a small group of inmates, and blocking medical treatments necessary only for them."


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