 |
|

Legal news from Monday, October 15, 2012 |
 |
|


HRW urges Tunisia to investigate 10-month span of attacks by religious extremists
Brandon Gatto on October 15, 2012 2:52 PM ET

[JURIST] Human Rights Watch (HRW) [advocacy website] on Monday called on Tunisian authorities [press release] to investigate a series of attacks by religious extremists over the last 10 months and to bring to justice those responsible. Of the artists, intellectuals and political activists attacked, six filed formal complaints with police and identified their attackers. However, HRW contends that police have not made any arrests or initiated any investigations or prosecutions, as required by international law. Joe Stork, HRW deputy Middle East and North Africa director, stated that "[t]he failure of Tunisian authorities to investigate these attacks entrenches the religious extremists' impunity and may embolden them to commit more violence." HRW first urged Tunisia to investigate the incidents in a July 2012 letter [text] to the ministers of justice and interior and described that the country's authorities were already showing signs of failing to investigate attackers that appeared to be motivated by an Islamist agenda. Before receiving a response, another attack occurred on August 16 when a group of bearded men attacked a festival commemorating the international day for Jerusalem and injured at least three activists. HRW still has not received a response from Tunisian authorities.
Tunisia has faced global criticism and political turmoil since former president Zine Al Abidine Ben Ali [BBC profile; JURIST news archive] left office amid nationwide protests in January 2011. In August the UN Working Group on the issue of discrimination against women in law and in practice [official website] urged the Tunisian government to ensure that women's rights are protected [JURIST report] in line with the nation's international human rights obligations. Also in August HRW called on the new government to ensure judicial independence [JURIST report]. In July a Tunisian military court sentenced Ben Ali in absentia to life in prison [JURIST report] for his involvement in the killing of 43 protesters during the 2011 Tunisian revolution, which resulted in the death of more than 200 protesters. Ben Ali was already sentenced to life in prison [JURIST report] for his involvement in the killing of 22 protesters. He has also been sentenced to 20 years [JURIST report] on charges of inciting violence and murder in connection with the death of four protesters. In April the country's military appeals court upheld [JURIST report] the convictions against the former president for torturing military officers over an alleged coup plot in 1991. Ben Ali has denied [JURIST report] all charges brought against him. During the 2011 revolution, Amnesty International (AI) [advocacy website] called for investigations into the Tunisia Security Force's alleged brutality against protesters, and HRW similarly urged police [JURIST reports] to end the alleged violence.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Bahrain court urged to release rights activist leader
G. Redd on October 15, 2012 11:55 AM ET

[JURIST] Human Rights Watch (HRW) [advocacy website] on Sunday urged Bahrain's court of appeals to overturn [press release] the conviction of human right advocate Nabeel Rajab [JURIST news archive]. Rajab, president of the Bahrain Center for Human Rights (BHCR) [advocacy website], was arrested in June and sentenced to three years in prison [JURIST reports] on charges of participating in illegal activities and inciting marches through social media sites. HRW contends that there is no evidence of Rajab participating in violence and that his conviction is a violation of his right to peaceful assembly. Rajab is scheduled to appear in court Tuesday to appeal his conviction.
Bahrain has faced international criticism for its crackdown against dissidents since anti-government protests began last year. Earlier this month the Bahrain Court of Cassation upheld jail sentences [JURIST report] for nine medics convicted for their involvement in Bahrain's pro-democracy uprisingAccording 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, 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. Last month government officials pledged to fulfill [JURIST report] the 158 recommendations included in the UN Universal Periodic Review [materials] regarding human rights abuses against political opposition. HRW called on Bahrain to follow through with their promises, but raised doubts as to whether the government is fully committed to reform.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

ACLU sues Morgan Stanley for discriminatory lending practices
Kyle Webster on October 15, 2012 11:14 AM ET

[JURIST] The American Civil Liberties Union (ACLU) [official website] on Monday filed a lawsuit [complaint, PDF; press release] against Morgan Stanley [corporate website] over allegedly discriminatory practices leading up to the housing crisis of 2008. According to the ACLU, between 2004 and 2007 Morgan Stanley and its affiliates, including New Century Mortgage Company, violated the Fair Housing Act [HUD backgrounder], Equal Credit Opportunity Act [FTC backgrounder] and Michigan Elliot-Larsen Civil Rights Act [text, PDF] by targeting communities of color for predatory loans. The lawsuit, which the ACLU claims is the first of its kind, was filed in conjunction with the law firm Lieff Cabraser Heimann & Bernstein [firm website] and the National Consumer Law Center [advocacy website; press release, PDF] on behalf of five African-American Detroit-area residents. The complaint states:Morgan Stanley's policies and practices have resulted in considerable racial disparities. They caused New Century borrowers in the metropolitan Detroit region to be significantly more likely to receive Combined-Risk Loans, and thus suffer the harms associated with such loans, if they were African American. The ACLU requested that the US District Court for the Southern District of New York [official website] treat the claim as a class action lawsuit because "as many as 6,000 black homeowners in the Detroit area may have suffered similar discrimination."
Several other large financial entities have dealt with accusations of discriminatory mortgage lending practices. In May SunTrust Mortgage [corporate website] agreed to a $21 million settlement [JURIST report] for discriminating based on race and national origin. In December Bank of America [corporate website] agreed to a $335 million settlement [JURIST report] for discrimination by its subsidiary, Countrywide Financial, against Hispanic and African-American home buyers.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

UK leaders move forward with Scottish independence referendum
Dan DeRight on October 15, 2012 10:05 AM ET

[JURIST] UK Prime Minister David Cameron and Scottish First Minister Alex Salmond [official websites] on Monday formally agreed to hold a referendum [text, PDF] regarding the independence of Scotland, potentially ending the union between the two nations in place since the Union with England Act of 1707 [text]. The agreement to allow the referendum [Guardian report] marks a turning point in a decades-long negotiation regarding independence [JURIST report]. Currently scheduled for 2014, the referendum represents a compromise for both sides, with Cameron conceding his desire for an earlier vote and Salmond consenting to a straight up or down vote. Monday's accord, referred to as the Edinburgh Agreement [text], sets parameters for the handling of the referendum process, including promises on both sides to maintain "the highest standards of fairness, honesty and propriety, informed by consultation and independent expert advice." While earlier versions of the referendum included lesser possibilities, such as granting the Scottish Parliament [official website] increased autonomy and authority, this agreement offers only a single option [party website].
The current draft of the referendum differs considerably in terms and direction from the original [JURIST report], presented in February 2010, although both draw their authority from Section 30 of the Scotland Act [text]. The current Scottish Parliament, formed in 1997 and known as the Holyrood, consists of 129 members, 52 percent of which are from Salmond's Scottish National Party, followed by 29 percent from Cameron's Conservative Party [party website]. Current polls [NYT report] show 63 percent of Scottish voters opposed to independence and 37 percent supporting it. Cameron, facing an election in 2015, desired an earlier referendum date for political separation and has promised an aggressive campaign to maintain the Union. Salmond gained concessions to allow all Scots 16 years and older to vote on independence, despite the legal voting age of 18 in the UK, though this is expected to add only 2.5 percent to the rolls. Salmond hopes the Scottish people will find that the potential increase in revenues to be gained from a larger share of the North Sea oil fields, will offset the considerable loss of the British annual transfer payments which are critical to the Scottish economy.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|
| For more legal news check the Paper Chase Archive...
|
|
|