JURIST - Paper Chase: Sunday, September 9, 2012

[JURIST] Former Iraqi Vice President Tariq al-Hashemi [JURIST news archive] was sentenced to death after being convicted on three counts of murder on Sunday. The verdict was given in absentia [Iraqi News report] because al-Hashemi has been in hiding since the arrest warrant was issued [Reuters report]. Al-Hashemi, who is currently in Turkey to avoid trial in Iraq, denied accusations of him being involved in death squads that targeted Shia officials and pilgrims. He argued that the current trial is politically motivated. Al-Hashemi is the highest ranking Sunni official with significant support from people in the region, as can be seen from the thousands of people who protested the charges against him [Al Arabiya report], which causes some concern [BBC report] for retaliation against this verdict.

This ruling comes after attacks carried out across Iraq killed at least 64 people. In December al-Hashemi stated that he is not going to return to Baghdad [JURIST report] to stand trial on charges of inciting violence in the country. The statement came a week after an arrest warrant was issued against him by Shiite Prime Minister Nuri al-Maliki [official website, in Arabic].

[JURIST] The states of New York, Connecticut and Vermont filed an amicus brief [text, PDF] along with several other groups in the US Court of Appeals for the Second Circuit [official website] on Friday in support of the lower court ruling that found the Defense of Marriage Act (DOMA) unconstitutional [text, PDF; JURIST report]. Friends of the court included a group of family law professors, members of the US House of Representatives and several New York City officials [brief texts, PDF]. The Second Circuit's ruling was the fourth federal decision finding that section 3 of DOMA [text], which denies federal marriage benefits to lawfully married same-sex couples, is an unconstitutional interference in a state's right to define marriage. The case involves a woman whose same-sex marriage was recognized in New York, but not by the federal government under DOMA. When her spouse died, she was required to pay over $360,000 in federal estate taxes; married couples are exempt from this tax. In her decision, Judge Barbara Jones found that the provision did not pass the lowest level of scrutiny, rational basis review [Cornell LII backgrounder]. Currently on appeal, several other groups [materials] have shown their support for Jones' ruling by filing amicus briefs explaining why her ruling should be upheld.

The debate over LGBT rights is an ever-expanding issue. A recent JURIST Feature provides an in-depth and comprehensive analysis of the topic. In August, the Gay & Lesbian Advocates & Defenders (GLAD) [advocacy website] asked [JURIST report] the Supreme Court to review the Defense of Marriage Act (DOMA) [text; JURIST news archive]. Then, in July, a lesbian couple filed a lawsuit in the US District Court for the Central District of California [official website] in a DOMA challenge that seeks to achieve for gay and lesbian couples the same federal immigration rights afforded to heterosexual couples [JURIST report] under the Immigration and Nationality Act [materials] In addition, JURIST has published two editorials related to DOMA earlier this month. The first focuses the potential constitutional flaws of DOMA [JURIST comment] and the second discusses the deeper federalism issues that are contained in the law [JURIST op-ed].

[JURIST] Bahrain [official website, in Arabic] on Saturday announced that it would pursue legal proceedings against the al Wefaq [official website, in Arabic] political party, which it labels an opposition group, for engaging in anti-government protests in the face of a ban [JURIST report] of those activities. Bahrain officials claim [Reuters report] that al Welfaq organized anti-government protests on Friday that resulted in the arrest of six dissidents. The protests had been banned by the Bahraini government, however government officials have not taken action directly against the group in the past.

Protests and demonstrations in Bahrain [BBC backgrounder] have been ongoing since February 2011 [JURIST report]. In August, a Bahraini appeals court overturned a conviction [JURIST report] of prominent human rights activist Nabeel Rajab [JURIST news archive]. In February, a Bahraini court dropped charges [JURIST report] of inciting protest and calling for regime change against former member of parliament and al Wefaq leader Matar Matar [official twitter]. JURIST guest columnist Ryan Suto discusses how the Bahrain Independent Commission of Inquiry acts [JURIST op-ed] as a method of rule-of-law in post-conflict resolution.

[JURIST] The Justice M.B. Shah Commission of Inquiry [official website], an Indian judicial committee investigating illegal mining practices, issued a report Friday that indicted Digambar Kamat, the former Chief Minister of the state of Goa [official website], for permitting illegal mining in the state during his 12 year tenure as the state's minister of mining. The report detailed irregularities in leasing practices to mining firms, concerns about oversight of mining operations, and contains many detailed satellite images showing the extent of the mining activities. The report directly links the irregularities to Kamat, saying that the acts were committed under the awareness of his ministerial offices, and occurred during his tenure. The report went on to state:

Undisputedly, in the State of Goa, most of the mines are in the forest area and also in eco-sensitive zone. Most of the mines are very close to the rivers or natural streams, and in most of the cases, streams are passing through the leased area. A sudden increase in production has resulted into degradation of environment, loss of bio-diversity, adverse effect on agriculture, horticulture, ground water table level, pollution of air and water and eco-system as a whole of the area.

The report recommended a reduction in permitted mine production amounts, and increased oversight with a wider group of government officials.

Governments around the world have struggled to strike a balance of environmental protection and effective oversight with resource development and economic growth. In August, a federal court in Brazil ordered [JURIST report] 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. In October 2011, the Environmental Protection Agency (EPA) [official website] of the United States announced plans to develop standards for the disposal of wastewater [JURIST report] from the process of hydraulic fracturing [EPA backgrounder].