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Legal news from Thursday, January 31, 2013




ACLU files lawsuit challenging Michigan right to work law
Jerry Votava on January 31, 2013 3:35 PM ET

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[JURIST] The American Civil Liberties Union of Michigan (ALCUM) [advocacy website] on Thursday filed a lawsuit [complaint, PDF; press release] against the state of Michigan challenging the state's "Freedom to Work" legislation [SB 116, materials]. The ACLUM was joined by various labor unions, including the AFL-CIO [official website]. The suit claims that while the legislation was debated and passed, the public was prohibited from entering the Capitol Building through the public entrance by Michigan state police, affecting a "total denial of public access to the Capitol for over four hours." They assert that this denial of access was impermissible under the Michigan Open Meetings Act [text], the Michigan Constitution and the First Amendment of the US Constitution. They requested that the resulting legislation be invalidated and that the state be enjoined from implementing and enforcing the law.

The right-to-work law has been controversial since its passage [JURIST report] in December, over unanimous Democratic opposition. Earlier this week Michigan Governor Rick Snyder [official website] sent a letter to the Chief Justice of the Michigan Supreme Court [official website] requesting an advisory opinion [JURIST report] on the constitutionality of the law. In addition to this lawsuit, two other lawsuits have been filed [Detroit News report] challenging the law's passage as a violation of the Open Meetings Act. JURIST guest columnist Susan Bitensky of the Michigan State University College of Law criticized [JURIST op-ed] Michigan's right to work law as a bill that will "weaken the people and families who depend upon the benefits and protections negotiated by labor unions." Measures to strengthen collective bargaining rights in Michigan have also been controversial. In September the Michigan Supreme Court ordered [JURIST report], a union-backed measure to amend the state constitution to include a right to labor unionization and collective bargaining to appear on the November ballot. The measure was ultimately defeated [AP report] 57-43 percent.




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Vietnam authorities release American pro-democracy activist
Daniel Mullen on January 31, 2013 2:57 PM ET

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[JURIST] Vietnamese authorities on Wednesday released and deported Vietnamese-American pro-democracy activist Nguyen Quoc Quan after nine months of detention. Quan was arrested [JURIST report] on terrorism charges for planning protests in support of a banned group of US exiles, the Viet Tan [advocacy website]. He was released following diplomatic pressure [AP report] from the US. Vietnam and the US have been attempting to strengthen relations over a common concern over China, but Vietnam's human rights record has been a concern for the US. State Department spokesperson Victoria Nuland [official profile] welcomed [press briefing transcript] Quan's release stating that there is "no higher priority than the safety and security of US citizens abroad." Quan has reunited with his family in Los Angeles since being released.

According to a 2012 report [JURIST report] by Human Rights Watch (HRW) [advocacy website], the Arab Spring may have inspired Vietnamese citizens to combat their oppressive government. However, Vietnam has reacted harshly and has been cracking down on pro-democracy supporters recently. Earlier this month, Vietnam convicted [JURIST report] 14 bloggers associated with Viet Tan of subversion issued prison sentences ranging from 3 to 13 years. In September a court in Vietnam sentenced [JURIST report] a number of bloggers for anti-state propaganda for defaming the Vietnamese government. In August 2011 an appeals court in Vietnam upheld [JURIST report] a seven-year sentence for a prominent rights lawyer.




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China court sentences Tibetans for encouraging self-immolation
Daniel Mullen on January 31, 2013 1:54 PM ET

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[JURIST] A Chinese court has sentenced two Tibetans for inciting self-immolation [Xinhua report] according to a Thursday report from Xinhua [official website], China's state news agency. The two men were charged with intentional homicide after inciting and coercing eight people to self-immolate, three of whom ultimately died. Lorang Konchok was sentenced to death with a two-year reprieve and has been stripped of his political rights for life, and his nephew, Lorang Tsering, was sentenced to 10 years and has been stripped of political rights for three years. Almost 100 Tibetans have performed self-immolations since 2009 in order to protest China's policy towards Tibet. Thursday's sentences, which are among the harshest ever issued [NYT report] for self-immolation, are part of a concerted effort by China to curb the practice.

In November both Human Rights Watch (HRW) [advocacy website; HRW press release] and the UN High Commissioner for Human Rights [official profile; JURIST report] attributed the waive of self-immolation's to China's failure to address human rights in Tibet. In February HRW demanded [JURIST report] that China release Tibetan prisoners who were forced into re-education camps. In November 2011 the UN formally expressed concern [JURIST report] over China's treatment of Tibet. In July 2010 HRW published a report that accused China of violating international law [JURIST report] in its treatment of Tibetan protesters.




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Pakistan Supreme Court orders anti-corruption chief to explain letter criticizing judges
Brandon Gatto on January 31, 2013 12:52 PM ET

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[JURIST] The Supreme Court of Pakistan [official website] on Thursday ordered the chief of the National Accountability Bureau [official website], the government's anti-corruption agency, to appear before the tribunal in regard to a letter he wrote that criticizes the court's judges. The letter, written by retired Admiral Fasih Bokhari to Pakistan President Asif Ali Zardari [official website], apparently accuses the high court judges of attempting to influence the country's upcoming parliamentary elections. Chief Justice Iftikhar Chaudry [BBC profile] claimed that the letter interferes in court matters and summoned Bokhari [AP report] to explain the document on February 4. The anti-corruption chief's spat with the bench stems from his recent refusal to arrest [JURIST report] Prime Minister Raja Pervez Ashraf [BBC profile] for corruption charges pursuant to a court order. There, Bokhari argued that there was insufficient evidence to arrest Ashraf for accepting bribes for approving power generation projects during his tenure as Minister for Water and Power. He also noted that additional time was needed for further investigation. In response, the Supreme Court questioned Bokhari's motive behind the argument given that the case was initiated a year ago. Two weeks ago, the court demanded that Bokhari produce the case files to determine whether the evidence is in fact insufficient, but Bokhari claimed that would be impossible due to the short notice. The arrest order for Ashraf was issued [JURIST report] earlier this month.

Pakistan has recently been fraught with conflict and tension between the executive and the judiciary, notably in light of Ashraf's brief term as Prime Minister. 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 within three weeks. Also that month, 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 another two weeks [JURIST report] to comply with its order. In August, after Ashraf still did not reopen the investigation, the court ordered him to appear and explain his refusal [JURIST report] to comply with the July orders. After his appearance, the Supreme Court then granted Ashraf an additional three weeks [JURIST report] to reopen the corruption case. Finally, in mid-September, Ashraf agreed to allow the corruption case to be reopened [JURIST report].




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UN rights experts conclude Israel settlements violate human rights
Brandon Gatto on January 31, 2013 11:55 AM ET

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[JURIST] The UN Human Rights Council (HRC) [official website] on Thursday adopted the first report [press release, PDF] by the International Fact-Finding Mission on Israeli Settlements in the Occupied Palestinian Territory [official website] which concluded that a multitude of violations have occurred. Titled "Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan," UN resolution 19/17 [text, PDF] states that the existence of these settlements, established in 1967, has led to daily, interrelated breaches of human rights characterized by "the denial of the right to self-determination and systemic discrimination against the Palestinian people." In alleging various violations of international humanitarian law, the report relies on the "status and treatment of protected persons" provision under Article 49 of the Fourth Geneva Convention [text] in arguing that the "settlements are a major obstacle to the establishment of a just and comprehensive peace and to the creation of an independent, viable, sovereign and democratic Palestinian State." Specifically, the report claims that the Palestinian settlements have been established for the benefit of only Israeli Jews, and those living in the Occupied Palestinian Territory endure an impeding segregation enforced by military personnel and law enforcement. The impact of the alleged violations supposedly allows the settlements to expand while simultaneously driving Palestinians from their land. The HRC has therefore called on the Israeli government to "ensure full accountability for all violations, put an end to the policy of impunity, and to ensure justice for all victims." The report will be formally presented to the HRC on March 18.

The most recent conflicts between Israelis and Palestinians have raised concern of possible human rights violations committed by Israel. Last month UN Special Rapporteur Richard Falk [official website] called on Israel [JURIST report] to fully implement and continue to support the recent conflict-ending ceasefire agreement with Palestinians in Gaza. In November UN High Commissioner for Human Rights Navi Pillay [official profile] pressured Israel [JURIST report] to avoid targeting civilian structures in Gaza, expressing acute concern over the surge in the number of Palestinian civilian deaths that month. In August Amnesty International [advocacy website] called on Israel to investigate [JURIST report] its treatment of Palestinian detainees, alleging that two had been mistreated. In June the UN also urged Israel to end its blockade [JURIST report] of the Gaza Strip, alleging that it was violating international law.




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Israel urged to cease use of live ammunition against civilians
Sung Un Kim on January 31, 2013 11:13 AM ET

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[JURIST] Israeli forces should cease its use of live ammunition against civilians that may constitute excessive use of force, according to a statement [text, PDF] released on Wednesday by UN Humanitarian Coordinator James Rawley. He expressed concern over the increasing number of civilians killed by Israeli forces in the occupied West Bank [JURIST news archive]. It was reported that since November eight civilians, including three minors, have been killed by the use of live ammunition. Rawley urged the government to conduct "timely, thorough, independent and impartial" investigations into the incidents and to hold those responsible for the deaths accountable. He stressed that the right to peaceful protest must be respected and strict measures must be taken to keep the protests non-violent and avoid further casualties.

Israel has been criticized recently for potential human rights violations, particularly with respect to the conflict in Gaza [JURIST news archive]. On Tuesday the UN Human Rights Council [official website] expressed regret that the Israeli government failed to send [JURIST report] a representative to the Council's review of Israel's human rights record. Last month Human Rights Watch [advocacy website] accused the Israeli Defense Forces of war crimes [JURIST report] after a November aerial bombing raid killed 12 civilians in Gaza. Earlier that week UN Special Rapporteur Richard Flak called on Israel [JURIST report] to fully implement and continue to support the recent conflict-ending ceasefire agreement with Palestinians in Gaza. In November UN High Commissioner for Human Rights Navi Pillay [official profile] pressured Israel to avoid strikes [JURIST report] on civilian structures in Gaza. In August Amnesty International called on Israel [JURIST report] to investigate its treatment of Palestinian detainees, alleging that two had been mistreated. In June the UN also urged Israel to end its blockade [JURIST report] of the Gaza Strip, alleging that it was violating international law.




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Russia court denies feminist rock group appeal of Internet ban
Matthew Pomy on January 31, 2013 11:08 AM ET

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[JURIST] A Moscow City Court [official website, Russian] on Wednesday denied an appeal by Russian feminist rock group Pussy Riot [RASPI backgrounder; JURIST news archive], continuing a ban on the group's videos from the Internet. The court deemed [Reuters report] the band's videos questioning the role of religion in Russian government "extremist." Critics claim that the ban is violating the group's free speech rights. However, President Vladimir Putin argues that the ban is protecting the beliefs of the Russian Orthodox population. Band member Yekaterina Samutsevich was denied access to the appeal proceedings [RAPSI report] because the court did not recognize her as an interested party.

Earlier this month a Russian court denied [JURIST report] a sentencing deferral for band member Maria Alekhina, despite her having a young child. In October, Alekhina and fellow band member Nadezhda Tolokonnikova were transferred to separate regional prisons [JURIST report] generally reserved for dangerous criminals to serve their two-year sentences. Earlier in October Samutsevich was freed on appeal [JURIST report] because she did not actually participate in the protest song, and she vowed to take the band's case to the European Court of Human Rights (ECHR) [official website] on charges that the Russian government had illegally detained them and also violated the rock group's right to free speech. All three members were given 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.




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Federal judge rules juvenile life sentences unconstitutional
Matthew Pomy on January 31, 2013 10:21 AM ET

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[JURIST] A judge for the US District Court for the Eastern District of Michigan [official website] ruled [opinion, PDF] Wednesday that sentencing juveniles to life in prison without parole is unconstitutional. Judge John Corbett O'Meara found that last year's Supreme Court decision in Miller v. Alabama [JURIST report], which held that mandatory life sentences for juveniles constituted cruel and unusual punishment, should apply retroactively to juveniles sentenced before that decision. In the opinion, O'Meara wrote:
In this case, each of the Plaintiffs was tried as an adult and convicted of first-degree murder. As a result, they received mandatory life sentences. Pursuant to statute, the parole board lacks jurisdiction over anyone convicted of first-degree murder. This statutory scheme combines to create life without parole sentences for those who committed their crimes as juveniles. This type of sentencing scheme is clearly unconstitutional under Miller.
The ruling focused on the constitutionality of a parole statute [text] that imposed mandatory life sentences for certain offenses. Under the court's decision the plaintiffs will now be eligible for parole.

In November the Michigan Supreme Court ruled [JURIST report] that Miller did not apply retroactively. In October Human Rights Watch [advocacy website] wrote a letter to Pennsylvania Governor Tom Corbett asking him to veto [JURIST report] legislation which would maintain the sentence of life without parole as an option for child offenders. In June the US Supreme Court ruled 5-4 in two combined cases, Miller v. Alabama and Jackson v. Hobbs [SCOTUS backgrounders] that mandatory life sentences for juveniles violate the Eighth Amendment. Some observers have argued that the reasoning the court used in this case could easily be extended [JURIST op-ed] in the future to abolish life in prison without the possibility of parole sentences for all juvenile homicide cases. JURIST Guest Columnist Perry Moriearty of the University of Minnesota Law School recently argued that the Miller decision marks an important step toward restoring principles of rehabilitation [JURIST op-ed] to the juvenile justice system.




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Europe rights court condemns Hungary segregation of Roma students
Addison Morris on January 31, 2013 7:02 AM ET

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[JURIST] The European Court of Human Rights (ECHR) [official website] ruled [judgment] Tuesday that Hungary [BBC backgrounder] violated the European Convention on Human Rights [text, PDF] by discriminating against Roma [JURIST news archive] children and wrongly placing them in remedial schools. Istvan Horvath and Andras Kiss, two Roma men from the town of Nyiregyhaza, filed their claim 2006, stating that they were discriminated against and isolated from mainstream education, hindering their prospects of higher education and employment. The court agreed with these allegations, stating that many Roma children are misdiagnosed with mental disabilities due to the outdated and culturally-biased nature of testing. "The schooling arrangements for Roma applicants with allegedly mild mental disability or learning disability were not attended by adequate safeguards that would ensure that...the State took into account their special needs as members of a disadvantaged class." The court ordered Hungary to pay the pair's legal costs, but the applicants did not seek damages on grounds of discrimination.

Roma continue to be targets of discrimination in Europe. In September Amnesty International (AI) [official website] urged Italy to change its discriminatory policies [JURIST report] against the country's Roma. In August AI urged [JURIST report] the government of Hungary to protect the nation's Roma communities from anti-Roma attacks. Also in August the UN urged the international community to end discrimination against Roma [JURIST report]. In May the UN Office of the High Commissioner for Human Rights (OHCHR) [official website] implored the government of Moldova to adopt a comprehensive anti-discrimination law [JURIST report] that protects, amongst other groups, the Roma people. In April Human Rights Watch (HRW) [advocacy website] called on the government of Bosnia and Herzegovina to stop discriminating against Roma [JURIST report].




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