JURIST Supported by the University of Pittsburgh
PAPER CHASE ARCHIVEDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.
Listen to Paper Chase!


Legal news from Tuesday, January 15, 2013




Saudi Arabia court convicts Egypt rights lawyer of drug smuggling
Daniel Mullen on January 15, 2013 1:28 PM ET

Photo source or description
[JURIST] A Saudi Arabian court on Tuesday convicted prominent Egyptian human rights lawyer Ahmed el-Gezawi of smuggling drugs. Despite requests from Saudi prosecutors for the death penalty, el-Gezawi was given a sentence [NPR report] of five years imprisonment and 300 lashes. El-Gezawi's arrest in April 2012 sparked protests [Guardian report] outside the Saudi Embassy in Cairo by those who believe the activist was arrested for insulting King Abdullah, leading Saudi Arabia to close its embassy in Egypt for a week. Saudi authorities maintain that he was arrested for attempting to smuggle 20,000 anti-anxiety pills into the country. El-Gezawi had previously filed lawsuits on behalf of 34 Egyptians who were detained in Saudi Arabia without a stated reason. The Arabic Network for Human Rights Information (ANHRI) [advocacy website] denounced the decision [press release] as a political sentence that violates principles of freedom of expression.

Saudi Arabia has been criticized for conducting unfair trials against opposition leaders and human rights activists. Last month Human Rights Watch [advocacy website] urged Saudi Arabia to drop apostasy charges [JURIST report] against a website editor, claiming that his arrest violated his right to freedom of expression. In August a number of human rights groups sent a letter to the Saudi Ministry of Justice requesting that trials against activists be made public [JURIST report]. Last January the UN Office of the High Commissioner on Human Rights [official website] issued a report which criticized Saudi Arabia for its increased use of capital punishment [JURIST report] and for using torture in order to obtain confessions.




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


HRW: Eritrea mine investors risk complicity in human rights violations
Samuel Franklin on January 15, 2013 12:15 PM ET

Photo source or description
[JURIST] Investing in Eritrea's mines without assurance of fair labor practices could lead to allegations of complicity in human rights violations, Human Rights Watch (HRW) [advocacy website] warned [text] Tuesday. The 29-page report, titled "Hear No Evil: Forced Labor and Corporate Responsibility in Eritrea's Mining Sector," documents the failure of Vancouver-based company Nevsun Resources [corporate website] to prevent forced labor practices in the construction of its mine. Nevsun was the first company to develop an operational mine in Eritrea. After beginning its gold ore excavation in 2011, the company produced [HRW press release] upwards of $614 million worth of ore in its first year of operation. HRW alleges that the Eritrean government's national service program requires all able-bodied men and women to serve indefinitely as conscripts for the government, and it assigns some of these conscripts to state-owned construction companies. It forces citizens into terms of forced labor, and HRW claims participants are regularly subjected to torture, abuse and threats of violence against family members for misconduct or attempted desertion. The government then allegedly exerts pressure on international mining firms to hire these companies to develop the infrastructure for their projects. These allegations were also documented in a 2009 HRW report titled, Service for Life: State Repression and Indefinite Conscription in Eritrea [text].

The international community has become increasingly concern with forced labor issues and human rights abuses in Eritrea. In June UN High Commissioner for Human Rights Navi Pillay [official profile] condemned [JURIST report] Eritrea for its failure to address the human rights violations in the country. These sentiments came on the heels of the US State Department [official website] Trafficking in Persons Report 2009 [22 USC § 78 text], which added Eritrea and five other countries to its list of countries with the worst human trafficking records. In conjunction with the report's publication, Secretary of State Hillary Clinton [official profile] called for an end to what she sees as "modern slavery," and emphasized the broad global impact such trafficking can have on national economies and public health and safety.




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


Romania court approves extradition of ex-defense official to US
Peter Snyder on January 15, 2013 11:42 AM ET

Photo source or description
[JURIST] The Bucharest Appeals Court [official website, in Romanian] on Tuesday ruled that a former Romanian defense ministry official can be extradited to the US on charges of trying to illegally export military equipment to Iran. Intelligence officials from Romania and the US coordinated their investigations [WP report] in the case. According to Iran Watch [advocacy website], a nuclear weapon watchdog group, Aurel Fratila was indicted [Iran Watch backgrounder] in the US District Court for the Southern District of California [official website] in 2006 for allegedly conspiring to ship sensitive military equipment without US licenses to Romania with the ultimate goal of transporting the material to Iran.

Iran's nuclear program continues to raise international concern. In August UN Secretary-General Ban Ki-moon [official profile] expressed concern [JURIST report] about Iran's human rights conditions and nuclear program during a visit to Tehran. Earlier that month US President Barack Obama announced two new economic sanctions [JURIST report] on Iran's oil exports that aim to cut the country's financial transactions with the Chinese and Iraqi banks allegedly doing business with Tehran. In the first of these orders Obama explained that the penalties were imposed to prevent funding for "Iran's illicit proliferation activities." In March, the European Court of Justice (ECJ) upheld a lower court decision [JURIST report] that a UK subsidiary of Bank Melli Iran (BMI) can be included in a list of entities engaged in nuclear proliferation. A 2007 UN Security Council Resolution [Resolution 1337 text] requires member states to freeze the assets, funds and economic resources of entities and their subsidiaries that are determined to be "engaged in, directly associated with or providing support for Iran's proliferation sensitive nuclear activities or the development of nuclear weapon delivery systems."




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


UN Security Council urged to refer Syria to ICC
Samuel Franklin on January 15, 2013 11:26 AM ET

Photo source or description
[JURIST] More than 50 countries asked the UN Security Council [official website] on Monday to refer the situation in Syria [PDF] to the International Criminal Court (ICC) [official website]. In this joint letter, Switzerland, along with 56 other states from all continents, noted the Syrian authorities' failure to investigate and prosecute [AI report] war crimes allegedly committed since March 2011 as the basis for much-needed accountability and judicial action in the region. The letter stated: "Since [March 2011], the situation on the ground has only become more desperate, with attacks on the civilian population and the commission of atrocities having almost become the norm." Due to the fact that Syria is not a party to the Rome Statute, the founding treaty of the ICC, the only way to investigate the matter is to receive a referral from the UN Security Council.

More than 60,000 people have been killed [JURIST report] during a 21-month-old revolt against Syrian President Bashar al-Assad [BBC backgrounder], which began with protests that quickly turned into violence between Assad's forces and demonstrators. A study carried out by the UN Office of the High Commissioner for Human Rights [official website] reported that the average number of deaths per month has increased significantly since the summer of 2011, where the average was approximately 1,000 per month, to an average of 5,000 deaths per month since July 2012. In October UN High Commissioner for Human Rights Navi Pillay [official profile] urged [JURIST report] world powers to work toward ending the suffering in Syria, emphasizing uniformity and cooperation amongst leaders to quell the violence. One year ago UN Secretary General Ban Ki-Moon [official profile] demanded [JURIST report] that Syrian President Bashar al-Assad end the violence against the Syrian people. Ban called for an embrace of democracy and real reform in Syria and throughout the Middle East.




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


Pakistan Supreme Court orders arrest of prime minister
Julie Deisher on January 15, 2013 11:26 AM ET

Photo source or description
[JURIST] The Supreme Court of Pakistan [official website] on Tuesday ordered the arrest of Prime Minister Raja Pervez Ashraf [BBC profile] and 15 others over allegations of accepting bribes and approving power generation projects during his tenure as Minister for Water and Power. The court order [BBC report] states that Ashraf and the others should be arrested and produced before the court within 24 hours. According to Pakistan's Federal Minister for Information and Broadcasting Qamar Zaman Kaira [official profile], the law ministry and prime minister have not yet received a written order from the Supreme Court. Ashraf has denied the allegations.

Ashraf's brief term as Prime Minister has been fraught with conflict and tension between the executive and the judiciary. Ashraf's predecessor, Yousuf Raza Gilani, was forced out as prime minister last June after the Supreme Court convicted him of contempt [JURIST report] for failing to pursue a corruption case against the president. In July, only a month after Ashraf became prime minister, the Supreme Court ordered him to reopen the investigation [JURIST report] against President Asif Ali Zardari [official website] within three weeks. The National Assembly of Pakistan [official website] approved a bill [JURIST report] to shield senior officials from contempt of court proceedings, which was widely seen as an attempt to exempt Ashraf from possible claims of contempt for failing to follow the order. When Ashraf did not do as the court requested, the Supreme Court granted him [JURIST report] another two weeks to comply with its order. When in early August Ashraf still did not reopen the investigation, the court ordered [JURIST report] him to appear and explain his refusal to comply with the July orders. After his appearance in court, the Supreme Court then granted Ashraf an additional three weeks to reopen the corruption case. Finally, in mid-September, Ashraf agreed to allow the corruption case to be reopened [JURIST report].




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


Europe rights court rules in religious freedom cases
Peter Snyder on January 15, 2013 11:15 AM ET

Photo source or description
[JURIST] The European Court of Human Rights (ECHR) [official website] ruled [text, PDF] Tuesday in four landmark cases concerning the balance between religious freedom and equity laws protecting individuals from discrimination. In one case, the ECHR ruled in favor of a British Airways employee who had been instructed not to wear a crucifix at work. However, in two other cases it ruled that employers did not violate their employees' religious rights after disciplining them for refusing to offer services to homosexual individuals. It also turned down an appeal from a woman who was not allowed to wear a crucifix at the hospital that employed her because she did not show that her Muslim co-workers who wanted to wear religious clothing and articles were treated more favorably than Christian workers. In its decisions the court cited Article 9 of the European Convention on Human Rights [text, PDF], which protects the rights to freedom of thought, conscience and religion. It is expected that the losing plaintiffs will appeal the decision to the ECHR Grand Chamber. If upheld, these decisions will force employers to find a balance between protecting their employees' religious rights and not discriminating against other groups of people, especially members of the LGBT community.

Increasing laws protecting homosexuals from discrimination have caused conflicts between secular governments and those religious institutions that take issue with homosexuality. In 2010 the UK Charity Commission [official website] ruled [JURIST report] that the Catholic social services agency Catholic Care [agency website] may not restrict its adoption services to married heterosexual couples. In March of the same year the UK High Court [official website] issued a judgment [JURIST report] instructing the commission to reconsider a previous ruling on the adoption service's practice citing that respect for religious views is not a justification for discrimination in this particular case, because adoptions are a public service.




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


Supreme Court hears arguments on mandatory sentences, speedy trial clause
Jaclyn Belczyk on January 15, 2013 10:38 AM ET

Photo source or description
[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] Monday in two cases [JURIST report]. In Alleyne v. United States [transcript, PDF], the court heard arguments on whether to overturn Harris v. United States [opinion]. Harris was a 5-4 splintered opinion that allowed a judge to be the fact-finder when increasing mandatory minimum sentences, as opposed to requiring the question to go to the jury. Since the case was decided, the court has gained three new members, and two in the majority, Chief Justice William Rehnquist and Justice Sandra Day O'Connor, have left the court. Counsel for the petitioner argued, "Any fact that entitles a prosecution by law to a sentence more severe than a judge could otherwise impose must be found by the jury beyond a reasonable doubt." Counsel for the US urged the court to adhere to its ruling in Harris, "because those decisions properly respected the fact that a mandatory minimum divests the defendant of the right to judicial leniency."

In Boyer v. Louisiana [transcript, PDF], the court considered a Sixth Amendment [text] case directly on appeal from the Court of Appeal of Louisiana, Third Circuit [opinion]. At issue is if the state violates the "speedy trial clause" by not paying court-appointed counsel in a timely manner. Counsel for the petitioner argued that the Louisiana court incorrectly determined that the cause of the delay was beyond the control of the state. Counsel for Louisiana argued that while the delay may have been within the state's control, the court should nonetheless uphold the lower court's reasoning. Much media attention was given to the fact that Justice Clarence Thomas, known for remaining silent during oral arguments, broke his seven-year silence during this argument with the words "Well—he did not." It is unclear exactly what he meant, but he spoke in response to questioning from Justice Antonin Scalia about the lawyer in the case being Harvard educated.




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


Sri Lanka president swears in replacement chief justice
Julie Deisher on January 15, 2013 10:28 AM ET

Photo source or description
[JURIST] Sri Lankan President Mahinda Rajapaksa [official profile] on Tuesday swore in Mohan Peiris, a retired attorney general and trusted aide to the Cabinet, to replace former chief justice Shirani Bandaranayake [official profile], who was removed from office [JURIST report] Sunday. Rajapaksa dismissed Bandaranayake after parliament voted to impeach her [JURIST report] in response to allegations of corruption and bribery. The impeachment vote disregarded a recent Supreme Court ruling [JURIST report] that impeachment would be unlawful as Parliament does not have the authority to investigate or proceed with the impeachment of a senior judge. The swearing in [AP report] of the new chief justice could lead to a judicial crisis if lawyers and judges who say the impeachment was illegal refuse to cooperate with Peiris.

The impeachment Bandaranayake has been a source of great controversy. Earlier this month a UN independent expert expressed concern [JURIST report] about the increasing threats and attacks against judges and lawyers who fight for the independence of the judiciary in Sri Lanka. Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul [official profile] called for the independence of the judiciary and criticized the parliament for exercising control over judicial matters, which violates the principle of separation of powers, due process and international standards. In mid-December Bandaranayake appealed [JURIST report] her conviction of misconduct, arguing that she was not given adequate opportunity to present her defense. She was found guilty [JURIST report] of three out of five charges of misconduct by the parliamentary committee earlier that month. More than 300 of Sri Lanka's judges had met in the capital Colombo to call for impartiality [JURIST report] in the impeachment proceedings. In November Knaul urged [JURIST report] Sri Lanka to take appropriate measures to protect the country's judiciary from threats, intimidation and physical attacks. Earlier that month hundreds of Sri Lankan lawyers and citizens protested [JURIST report] on the street in Colombo calling the government to halt to the impeachment proceedings.




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

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


LATEST OP-ED

The War on Terror and the Need for Muslim Support
DOMESTIC
Faisal Kutty
Valparaiso University Law School

Get JURIST legal news delivered daily to your e-mail!

SYNDICATION

Add Paper Chase legal news to your RSS reader or personalized portal:
  • Add to Google
  • Add to My Yahoo!
  • Subscribe with Bloglines
  • Add to My AOL

E-MAIL

Subscribe to Paper Chase by e-mail. JURIST offers a free once-a-day digest [sample]. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.


R|mail e-mails individual Paper Chase posts through the day. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.

PUBLICATION

Join top US law schools, federal appeals courts, law firms and legal organizations by publishing Paper Chase legal news on your public website or intranet.

JURIST offers a news ticker and preformatted headline boxes updated in real time. Get the code.

Feedroll provides free Paper Chase news boxes with headlines or digests precisely tailored to your website's look and feel, with content updated every 15 minutes. Customize and get the code.

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org