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Legal news from Monday, October 1, 2012




California governor signs bill allowing some illegal immigrants to get driver's licenses
Brandon Gatto on October 1, 2012 3:40 PM ET

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[JURIST] California Governor Jerry Brown [official website] on Sunday signed [press release] a bill [AB 2189, PDF] that will allow some illegal immigrants who came to the US as children to obtain state drivers licenses. Specifically, the legislation will amend the state's driver's license regulations to make hundreds of thousands of young illegal immigrants eligible to drive legally in California if they qualify for a new federal work permit program. In essence, the law directs California's Department of Motor Vehicles to issue driver's licenses to people who do not have a social security number but can prove they are authorized to be in the US under federal law [Orange County Register report]. Though a previous version was signed into law in 2003 by former governor Gray Davis, the legislature quickly repealed it following Davis' departure from office. The current version, authored by Assemblyman Gil Cedillo [official website], has received support from several Republican congressmen and is believed to be in line with the Obama administration's policy directive [memorandum, PDF; JURIST report] known as Deferred Action, which halts deportation proceedings against some illegal immigrants who came to the US as children. Likewise, the directive also allows illegal immigrants who entered the US before the age of 16 and who are now 30 or younger, in addition to other criteria, to obtain work permits.

The California State Assembly [official website] approved the bill in August 31, only two days after the Senate [official website] first approved it. Despite California's latest initiative, however, immigration laws [JURIST backgrounder] remain a hot button issue in many states. In September lawyers for Arizona Governor Jan Brewer [official website] announced a plan to appeal a preliminary injunction [JURIST report] currently blocking the provision of the controversial Arizona immigration law that criminalizes the harboring and transportation of illegal immigrants. In August, Kansas Secretary of State Kris Kobach [official website] filed a lawsuit [JURIST report] challenging the Deferred Action policy directive. Earlier that month, the US Court of Appeals for the Eleventh Circuit [official website] partially struck down [JURIST report] Alabama and Georgia's immigration laws, but upheld other provisions. Also in August, Utah's Attorney General argued that the state's restrictive immigration law should be upheld [JURIST report] in light of the Supreme Court's decision in Arizona v. United States [opinion, PDF; JURIST report].




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Bahrain court upholds jail sentences for medics
Brandon Gatto on October 1, 2012 3:12 PM ET

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[JURIST] The Bahrain Court of Cassation on Monday upheld jail sentences [BNA report] issued to nine medics convicted for their involvement in Bahrain's pro-democracy uprising in February and March of 2011, the Bahrain News Agency (BNA) [official website] reported. According to BNA, the medics were working at Salmaniya Medical Complex [official website], and, during the time of the uprising, "took over the complex, detained and imprisoned kidnapped persons, and transformed the hospital to a place of illegal gathering and strikes, in violation of laws." According to Physicians for Human Rights [PHR report], however, at least 95 health workers were arrested in Bahrain only after some medics treated those hurt by security forces and spoke out against the crackdown against protesters, which included firing upon ambulances. One medic, Dr. Ali al-Ekri, was sentenced to five years imprisonment. Another medic was sentenced to three years while the remaining seven were sentenced to a one-month minimum and one-year maximum term. The nine medics were originally accused and sentenced by the Court of National Security.

A total of 20 medics, including 13 doctors, one dentist, nurses and paramedics, were originally jailed and sentenced in September 2011 for providing treatment to injured protesters after the Salmaniya Medical Complex was stormed by security forces in March. Though originally sentenced to 15 years in prison, a Bahrain court in June of this year overturned or reduced the sentences [JURIST report] for most of the medical professionals. In November King Hamad bin Isa Al Khalifa [official website] ordered a special commission [JURIST report] to make recommendations after the Bahrain Independent Commission of Inquiry (BICI) concluded in a report that Bahraini authorities used excessive force [JURIST report] and tortured detained protesters during the pro-democracy demonstrations earlier that year. In October 2011 a Bahrain court began hearing the appeals [JURIST report] the 20 convicted medical staff members. They were granted the opportunity for retrial in civilian court [JURIST report] earlier that month after their harsh sentences received international criticism. Shortly after their arrest and sentence, the medics urged the UN to investigate claims of abuse and due process violations in relation to their convictions. The medics were originally sentenced [JURIST report] in September 2011.




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Maldives ex-president violates travel ban, fails to appear in court
Dan Taglioli on October 1, 2012 11:23 AM ET

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[JURIST] Former Maldives president Mohamed Nasheed [JURIST news archive] on Monday violated a court-ordered travel ban when he left the capital city of Male on what was supposed to be the first day of his now-postponed trial for abuse of power. In anticipation of the Monday proceedings the Hulhumale Magistrate Court issued an order [JURIST report] last week prohibiting Nasheed from leaving Male without official permission. Nasheed supporters have claimed that the move was politically motivated to limit the ex-president's ability to campaign for the election scheduled for November 2013. The three-judge panel was forced to postpone Nasheed's impending trial [Telegraph report] after he was seen leaving Male in a boat heading to the southern area of the country. According to Nasheed the court inexplicably ordered a last-minute postponement [Guardian report] of the trial, at which point he decided to violate his travel ban in order to campaign in the Maldives' southern islands. Nasheed cited freedom of travel principles and almost dared the authorities to arrest him, predicting such a move would backfire on the government by creating political capital for the former president. Nasheed resigned from office in February but has since claimed that he was forced to do so.

The charges against Nasheed stem from the questioned legality of his unilateral order to arrest [JURIST report] Chief Justice Abdulla Mohamed on corruption charges in January, when Nasheed was still president. The arrest of the chief justice and the resulting unrest in Maldives sparked weeks of tension and dissension, drawing international attention. In August a Maldives commission of inquiry concluded that Nasheed's resignation [JURIST reports] in February was legal and voluntary. In July the Committee to Protect Journalists (CPJ) claimed that press freedom [JURIST report] in the country has been deteriorating since the resignation. Also in July a Maldives court refused to hear the case [JURIST report] against Nasheed, holding that it did not have jurisdiction to rule in the case. In April the Maldives Police Service referred the case to the Prosecutor General's Office two months after an arrest warrant [JURIST reports] was issued. A group of Maldives lawyers in January asked [JURIST report] the International Criminal Court (ICC) [official website; JURIST backgrounder] to review the legality of the arrest of Chief Justice Abdulla Mohamed. Also that 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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Russia court delays appeal hearing for feminist activists
Sarah Paulsworth on October 1, 2012 10:15 AM ET

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[JURIST] A Moscow court on Monday delayed an appellate hearing for three members of the Russian feminist activist group Pussy Riot [RASPI backgrounder; JURIST news archive] after band member Ekaterina Samutsevich unexpectedly fired her lawyer. The move led prosecutors to accuse the defense [RIA Novosti report] of causing deliberate delays. However defense lawyer Nikolai Polozov said that Samutsevich may have made the decision due to pressure from the government [RFE/RL report, in Russian]. Samutsevich's bandmates Nadezhda Tolokonnikova and Maria Alyokhina declined to fire their lawyers but said that Samutsevich is acting within her legal rights. The trial is now scheduled to reconvene on October 10.

Pussy Riot band members Samutsevich, Tolokonnikova and Alyokhina are serving two-year prison sentences after they were convicted [JURIST report] in August of hooliganism in connection with "guerrilla performance" of a protest song in February at the altar of downtown Moscow's Christ the Savior Cathedral. Several days prior to the trial, Russian Prime Minister Dmitry Medvedev [official website, in Russian] called for the release of the Pussy Riot band members, saying that time served has been severe enough and that any more time in prison would be counterproductive. The Russian Presidential Council on Human Rights [official website, in Russian] has questioned the legitimacy [JURIST report] of the court's verdict and sentence. Pussy Riot's defense lawyers moved [JURIST report] earlier in August to have one of the judges recuse herself from the case, saying her decisions are politically motivated. Since the beginning of the trial [JURIST report], the group's lawyers and human rights groups have said the charges were politically motivated by President Vladimir Putin [official website; JURIST news archive] to discredit his opposition.




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California governor signs law banning sexual orientation therapy
Sarah Paulsworth on October 1, 2012 9:11 AM ET

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[JURIST] California Governor Jerry Brown [official website] on Saturday signed into law [press release] a bill [SB 1172; Senate backgrounder, PDF] that bans therapy intended to change the sexual orientation of minors. California is the first state to pass a law banning this type of therapy. The bill was supported by the National Association of Social Workers, California Chapter, the American Association for Marriage and Family Therapy, California Division, the American Psychoanalytic Association and the California Board of Behavioral Sciences [advocacy websites], and the signing was welcomed by groups such as the Human Rights Campaign [advocacy website]. According to the text of the law:
The potential risks of reparative therapy are great, including depression, anxiety and self-destructive behavior, since therapist alignment with societal prejudices against homosexuality may reinforce self-hatred already experienced by the patient. Many patients who have undergone reparative therapy relate that they were inaccurately told that homosexuals are lonely, unhappy individuals who never achieve acceptance or satisfaction.
The law will take effect [San Francisco Chronicle report] on January 1. Violators face disciplinary action from their licensing authority.

SB 1172 was approved by the California State Assembly at the end of August and by the California Senate [JURIST reports] in May. Supporters of the bill asserted that the underlying reason for the legislation is that homosexuality is not a disease and should not be treated as such. Furthermore, therapies and efforts to reverse homosexuality were found to have detrimental effects on minors' physical and mental health, leading to suicides and substance abuse. Conversely, groups such as the National Association for Research and Therapy of Homosexuality [advocacy website] voiced their opposition, arguing that most of the facts relied on in the bill are generalizations and loose assertions. According to some experts, California's efforts to pass the ban on sexual orientation therapy have highlighted a need for better gender identity standards [JURIST op-ed].




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