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Legal news from Monday, September 17, 2012




UN urges Libya to pursue transitional justice strategy
Brandon Gatto on September 17, 2012 2:58 PM ET

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[JURIST] The UN Support Mission in Libya (UNSMIL) [official website] on Monday called on Libyan authorities to implement a transitional justice strategy [UN News Centre report] in order to rebuild and reshape its decades-long history of dictatorial cruelty and last year's civil war. The report, Transitional Justice - Foundation for a New Libya [text], makes several recommendations that UNSMIL believes will move Libya's national congress and new government toward a more democratic state, a transition the organization concedes will not be easy after the 40-year autocratic rule of Muammar Gaddafi [BBC obituary; JURIST news archive]. Among the suggestions, UNSMIL called for a victim-oriented approach to the new Libyan judicial process and improved due process, noting that prosecutors should end the continued detention of about 700 people without trial. Additionally, the report recommended increasing public dialogue and debate in Libyan society, establishing reforms to prevent future human rights violations, and addressing conflicts among internal groups for an easier reconciliation and a better understanding of the country's historical causes of conflict.

In August the National Transitional Council of Libya [official website, in Arabic] transferred its power [JURIST report] to the newly elected interim legislature, marking a significant step toward the country's democratic development since the Libya conflict [JURIST backgrounder]. The UN welcomed the transition [UN News Centre report] and reiterated its support for Libya's move toward democracy. The national assembly was elected [CFR report] in July, and the draft of the electoral law was finalized in February after the earlier version was revised [JURIST report] to address criticisms of the public. UNSMIL welcomed the new electoral law [JURIST report], commenting that the country is coming closer to a democratic society. Libya was criticized in January [JURIST report] for allegations of torture and human rights violations, and the country remains fragile in transition.




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Second Circuit suspends Google books case pending appeal of class action status
Brandon Gatto on September 17, 2012 2:30 PM ET

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[JURIST] The US Court of Appeals for the Second Circuit [official website] on Monday suspended litigation between the Authors Guild [advocacy website] and Google [corporate website] pending an appeal of a May ruling allowing a class action lawsuit [JURIST reports] over Google's book-scanning initiative [website]. The court's order [Reuters report] will halt the Guild's seven-year attempt to block Google from creating the world's largest library of digital books. The Second Circuit has not yet scheduled an argument date for the appeal, and both the Guild and Google have yet to comment on the ruling.

Both sides have tried to resolve the dispute without litigation, but their settlement agreement was rejected [JURIST report] by Circuit Judge Denny Chin in March 2011. The agreement was reached in 2008 between Google and plaintiffs including the Guild, who brought the copyright suit [JURIST reports] in 2005. The agreement stated that Google would pay $125 million to the authors and publishers of copyrighted works in exchange for the permission to display up to 20 percent of the work online. The court reasoned that the settlement agreement would allow Google too much freedom to exploit copyrighted works in the future. Chin's ruling came a month after he had delayed his decision [JURIST report] because he was not ready.




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UN investigators: human rights violations in Syria increasing
Michael Haggerson on September 17, 2012 1:19 PM ET

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[JURIST] UN investigators testified before the UN Human Rights Council [official website] on Monday that human rights violations in Syria committed by both sides of the conflict are growing in number and severity [press release]. Chair of the Independent International Commission of Inquiry on the Syrian Arab Republic [official website] Paulo Pinheiro stated that both sides of the Syrian conflict are committing war crimes and that government forces are committing crimes against humanity. He said that the government was using regular bombing of residential neighborhoods via both artillery shelling and airstrikes and mechanized infantry to clear out anti-government groups. He also stated that the anti-government forces were abducting, torturing and executing government forces and were failing to distinguish themselves from civilians. Pinheiro also expressed concern with the growing number of Islamic militants entering the country and radicalizing the anti-government forces. The Syrian representative stated that the report was not objective and that Syria had cooperated with all efforts to peaceably end the conflict, but that the anti-government forces were not interested in negotiating. Syria further stated that the anti-government forces were merely terrorists intent on destabilizing the Middle East. According to the Commission's report, more than 2.5 million people in Syria are in need of humanitarian aid. More than 20,000 people have died [Reuters report] during the conflict. Pinheiro said that there was no military solution to the crisis and some members of the Council called for the matter to be forwarded to the International Criminal Court (ICC) [official website] and for sanctions to be levied against Syria. Russia, which has veto power, has to this point blocked all efforts to condemn Syria.

Also Monday Human Rights Watch (HRW) [advocacy website] reported that anti-government forces in Syria are committing war crimes [JURIST report], including torture and extrajudicial and summary executions, and requested that the UN Security Council (UNSC) [official website] refer the matter to the ICC. Earlier this month the UN Office for the Coordination of Humanitarian Affairs (OCHA) [official website] called for increased aid [JURIST report] for the 2.5 million Syrians affected by the ongoing civil uprising against President Bashar al-Assad [JURIST news archive]. Last month UN Secretary-General Ban Ki-moon requested an immediate investigation [JURIST report] into civilian deaths in Syria. Earlier in August the UN Supervision Mission in Syria (UNSMIS) ceased its work [JURIST report] in the country, with UN Assistant Secretary-General for Peacekeeping Operations Edmund Mulet stating that the mission's work had to be stopped because the two conditions required by the UN Security Council to renew the UNSMIS mandate—the cessation of the use of heavy weapons and the reduction in violence from all sides—were not met. Also in August UNSMIS chief Lieutenant General Babacar Gayee expressed concern [JURIST report] about the growing number of civilian casualties in violent clashes between government forces and armed opposition groups. In June a UN commission stated that Syrian forces may have been responsible [JURIST report] for the killing of more than 100 civilians in Al-Houla in May. Assad denied [JURIST report] the allegations stating that "not even monsters" would carry out the attacks.




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UN rights chief condemns Mali violence
Michael Haggerson on September 17, 2012 12:34 PM ET

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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] condemned [press release] human rights violations in Mali on Monday and called for international action to address the problems. Pillay stated that two militant Islamic groups, Movement for Unity and Jihad in West Africa (MUJAO) and Ansar Dine, are recruiting child soldiers, committing cruel punishments such as amputations and stoning an unmarried couple to death, violating basic human rights, committing sexual violence against women, and executing individuals. Additionally, MUJAO has also allegedly banned public health campaigns and shut down schools. The two groups have been under investigation [JURIST report] by the International Criminal Court (ICC) [official website] since August. Pillay has called for immediate international intervention and stated that the human rights situation will only continue to degrade if aid is not provided.

ICC Chief Prosecutor Fatou Bensouda said in July that her office was opening a preliminary examination [JURIST report] of the recent violence in Mali, after the ICC received a letter from Malian government officials requesting an ICC investigation. Malian Justice Minister Malick Coulibaly said earlier that month that he would ask the ICC to open an investigation [JURIST report]. In May Amnesty International reported that Mali was facing its worst human rights crisis [JURIST report] since it gained independence in 1960. Human Rights Watch released a similar report in April claiming that all sides to the conflict are committing war crimes [JURIST report]. All of this has come after Malian soldiers took control of the government [JURIST report] and suspended the constitution in March. Many in the international community have expressed concern over the situation, including the UN Secretary-General Ban Ki-Moon, Navi Pillay and the UN High Commissioner for Refugees [JURIST reports]. The turmoil began when Tuareg rebels attacked Malian soldiers [Al Jazeera report].




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Myanmar announces amnesty for 514 prisoners
Dan Taglioli on September 17, 2012 12:16 PM ET

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[JURIST] Myanmar [JURIST news archive] officials on Monday announced amnesty for 514 prisoners. The Ministry of Information did not identify the prisoners who will be freed, but activists have identified several political detainees and foreigners slated to be released [AP report]. The release announcement comes a week before President Thein Sein [BBC profile] is scheduled to travel to New York to attend the UN General Assembly [official website]. Thein Sein has issued three amnesties freeing more than 300 political prisoners in the last year, his government having put freedom for political prisoners at the center of its reform policies. The amnesty announcement also comes on the same day that Human Rights Watch (HRW) [advocacy website] publicly demanded the immediate release of all remaining political prisoners [HRW report] in Myanmar and called for a lifting of travel and other restrictions on those who are freed. HRW also claimed that the government has "failed to address significant psychosocial and economic needs of former political prisoners when they attempt to reintegrate into society," citing great difficulties with reintegrating into families and society after years or decades in prison. Despite Monday's announcement it is estimated that 300-500 political detainees remain imprisoned in the country.

Earlier this month Myanmar's parliament passed a new foreign investment law [JURIST report] after months of debate and modifications, including a requirement that foreign investors contribute at least US$5 million when engaging in joint ventures with local businesses. Thein Sein opposed the minimum contribution requirement and other provisions of the bill because he believed they would discourage foreign investment in the country. Despite recent reforms oppression and sectarian violence remain in Myanmar. Last month Physicians for Human Rights (PHR) released a report concluding that Myanmar's army is still committing human rights abuses [JURIST report] against ethnic minorities in Karen state. Also that month the country sentenced two UN staff members [JURIST report] to prison for their involvement in sectarian violence. That was one week after Thein Sein announced creation of a 27-member commission [JURIST report] to investigate causes of the violence. Also in August HRW accused Myanmar forces of committing multiple human rights violations [JURIST report] following an outbreak of sectarian violence.




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Bangladesh urged to reform personal laws discriminating against women
Dan Taglioli on September 17, 2012 11:13 AM ET

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[JURIST] Bangladesh's personal laws governing marriage, separation and divorce overtly discriminate against women, according to a 109-page report [text, PDF] published Monday by Human Rights Watch (HRW) [advocacy website]. "Will I Get My Dues ... Before I Die?": Harm to Women from Bangladesh's Discriminatory Laws on Marriage, Separation, and Divorce" documents how the country's personal laws leave many women in poverty after separation or divorce and trap women in violent marriages for fear of such destitution. The report is based on interviews conducted last year with 255 people, including lawyers, experts, officials and 120 women who were personally affected by Bangladeshi personal laws. Bangladesh is about 90 percent Muslim, with Hindus constituting most of the rest of the population and Buddhists and Christians making up fractions of a percent each, all of whom are governed by separate mixes of both codified and uncodified (but official) laws on marriage, separation and divorce. HRW argues that all the personal laws discriminate against women with respect to marriage, separation and divorce by discounting women's household contributions and by failing to recognize marital property and its division on an equal basis. The report also details dysfunction in the family courts responsible for enforcing the laws, with lawyers, judges and activists informing HRW that the courts are often riddled with problems around summons and notice procedures and processes for executing court decrees, which can take years. Other problems include inconsistent practices among judges related to evidence, unpredictable awards, failure to award interim maintenance and lack of clear criteria for awarding maintenance. The report also notes that men are able to argue against alimony and maintenance claims "by asserting their wives were 'unchaste,' not 'dutiful,' or of bad 'character.'" To file claims women frequently have difficulty passing the threshold requirement of even establishing they are married due to unavailable or patchy recordkeeping, especially in the case of Hindus, for whom there is usually no marriage registry at all. Women also must often defend against frivolous and harassing countersuits or criminal complaints lodged by husbands, including petitions for "restitution of conjugal rights" that continue be granted and enforced by the courts. In the report HRW "calls for personal law reform, procedural reform, better implementation of the limited protections currently available for women, and stronger state assistance for divorced or separated women, and women faced with domestic violence."

Last week HRW released a report detailing the plights of Kazakh oil workers who face mistreatment and repression [JURIST report] at the hands of the government and oil companies. The report accuses authorities and three companies operating in the oil and gas sector in western Kazakhstan of restricting workers' rights to freedom of assembly, association and expression. A week earlier HRW called on the government of Pakistan [JURIST report] to ensure that minority Shia Muslims [Islam Awareness backgrounder] in Pakistan are protected from attacks by Sunni militant groups, noting that attacks against Shia communities have increased recently and that 320 Shia have been killed in targeted attacks in 2012.




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HRW: Syria opposition committing war crimes
Sarah Paulsworth on September 17, 2012 10:22 AM ET

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[JURIST] Opposition fighters in Syria are committing war crimes [press release], including torture and extrajudicial and summary executions, Human Rights Watch (HRW) [advocacy website] said Monday. HRW documented war crimes in the cities of Aleppo, Latakia and Idlib. Although opposition fighters initially assured HRW they would not commit war crimes, when HRW confronted them with information about the violations they said the people executed deserved to die. "Time and again Syria's opposition has told us that it is fighting against the government because of its abhorrent human rights violations," Human Rights Watch Deputy Middle East Director at Nadim Houry said. "Now is the time for the opposition to show that they really mean what they say." HRW wants the UN Security Council (UNSC) [official website] to refer the situation in Syria to the International Criminal Court (ICC) [official website], which would have jurisdiction to investigate violations by both government and opposition forces.

Earlier this month the UN Office for the Coordination of Humanitarian Affairs (OCHA) [official website] called for increased aid [JURIST report] for the 2.5 million Syrians affected by the ongoing civil uprising against President Bashar al-Assad [JURIST news archive]. Last month UN Secretary-General Ban Ki-moon requested an immediate investigation [JURIST report] into civilian deaths in Syria. Earlier in August the UN Supervision Mission in Syria (UNSMIS) ceased its work [JURIST report] in the country, with UN Assistant Secretary-General for Peacekeeping Operations Edmund Mulet stating that the mission's work had to be stopped because the two conditions required by the UN Security Council to renew the UNSMIS mandate—the cessation of the use of heavy weapons and the reduction in violence from all sides—were not met. Also in August UNSMIS chief Lieutenant General Babacar Gayee expressed concern [JURIST report] about the growing number of civilian casualties in violent clashes between government forces and armed opposition groups. In June a UN commission stated that Syrian forces may have been responsible [JURIST report] for the killing of more than 100 civilians in Al-Houla in May. Assad denied [JURIST report] the allegations stating that "not even monsters" would carry out the attacks.




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Oman blogger imprisoned, fined for slander
Sarah Paulsworth on September 17, 2012 9:05 AM ET

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[JURIST] An Omani blogger was sentenced to one year of imprisonment by a Muscat court on Sunday and must pay a fine of 1,000 Omani Rials (USD $2,600). The blogger, Mukhtar bin Mohammed bin Saif al-Hinai, was convicted on charges [ONA report] of slander and violating the country's information technology laws. Al-Hinai is employed [Reuters report] by Al-Zaman newspaper, which has been under government scrutiny recently after publishing critical material. In the wake of the Arab Spring, authorities in Oman have been working to stifle dissent and criticism of the country's leader Sultan Qaboos bin Said Al-Said [official website, in Arabic].

At the beginning of August Reporters Without Borders (RSF) [advocacy website] reported that 20 bloggers and Internet writers were fined and sentenced to imprisonment in Oman. The charges in those cases [RSF report] ranged from illegal assembly and disturbing public order to defaming the sultan and of cyber-crime. In July an Omani court sentenced six human rights activists [JURIST report] to between 12 and 18 months in prison for social media posts that were deemed to be slander against the country's ruler. The Omani authorities have detained more than 30 individuals who have been protesting against the government demanding political reform, promoting human rights and calling for the release of human rights defenders whom Omani authorities have detained. In June the Gulf Center for Human Rights [advocacy website] urged [JURIST report] the government of Oman to release all human rights defenders who have been detained solely because of their legitimate human rights work, drop all charges against them, ensure security of the protesters in detention and take measures to protect human rights defenders when pursuing legitimate human rights activities from any harassment.




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