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Legal news from Saturday, March 2, 2013 |
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UN senior official addresses sexual violence issues in Cambodia and Kenya
Julie Deisher on March 2, 2013 1:21 PM ET

[JURIST] UN Special Representative of the Secretary-General on Sexual Violence in Conflict Zainab Hawa Bangura [official profile] on Friday welcomed the recent ruling [decision, PDF] by Cambodia’s genocide tribunal to annul a previous ruling that would have prevented it from trying crimes of sexual violence committed during the Khmer Rouge [JURIST news archive] regime. The decision by the Supreme Court Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website] will allow acts of sexual violence to be included [UN News Centre report] in the case against three former Khmer Rouge officials who have been charged with crimes against humanity and genocide. Nearly two million people are thought to have died under the Khmer Rouge regime. While she praised the EEEC decision, Bangura also called on Kenyan authorities [UN News Centre report] to ensure the protection of civilians during the presidential election to be held on Monday, especially to prevent a repeat of the outbreak of sexual violence that followed the disputed 2007 elections. Bangura noted that thousands of cases of rape and other forms of sexual assault were documented after the elections. Monday will see the first presidential election held in Kenya since the 2007 violence, in which over 1,100 people were killed. National and international observers have warned of the risk of violence following the coming election, including the deliberate targeting of civilians due to ethnic or political affiliations. Recent statements made by the presidential candidates indicate their commitment to a peaceful and tolerant campaign, appealing to their supporters to do the same.
In February Kenyan presidential candidate Uhuru Kenyatta [case materials] asked the International Criminal Court (ICC) [official website; JURIST backgrounder] to postpone his trial for his involvement in the 2007 post-election violence. The trial is currently set to begin on April 11. Earlier last month Kenyatta and another ICC defendant, former civil service chief Francis Muthaura [case materials], asked the ICC to review its decision [JURIST report] to move forward with the trial. In December the two Kenyans had announced [JURIST report] that, despite their upcoming trials, they will be running together in Monday's election.


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HRW: Bangladesh and Jamaat-e-Islami must encourage end to recent violence
Julie Deisher on March 2, 2013 12:39 PM ET

[JURIST] Human Rights Watch (HRW) [advocacy website] on Friday called on [press release] the government of Bangladesh and Jamaat-e-Islami (JI) [party website, in Bengali; GlobalSecurity backgrounder] party leadership to encourage an end to the violence wracking the country. Violence between JI protesters and Bangladesh police erupted [Reuters report] on Thursday after the International Crimes Tribunal Bangladesh (ICTB) [Facebook page] sentenced to death [JURIST report] JI leader Delwar Hossain Sayeedee [JURIST news archive]. Riots across the country have resulted in at least 46 deaths [BBC report], with hundreds wounded. HRW Asia director Brad Adams [advocacy profile] stated:The leadership of Jamaat should immediately issue public statements to its followers to stop these violent, unacceptable attacks against law enforcement officers and those who support the verdicts of the war crimes trials. At the same time, the government should instruct the security forces to strictly observe its obligation to use maximum restraint and avoid lethal force unless necessary to protect their lives or those of others. If cool heads don't prevail, Dhaka could dissolve into uncontrolled violence.
Media reports indicate that most deaths were the result of police using live ammunition against protesters, but supporters of the current ruling party have also engaged in violence. JI has denied that any party members were responsible for lethal violence, but reports indicate that some members were responsible for attacks against Hindu temples and houses.
Last month the Bangladesh parliament [official website] approved amendments [JURIST report] to the country's war crimes laws to allow prosecutors to appeal sentences given to defendants convicted of war crimes. These amendments are a response to protests [JURIST report] that ensued after Abdul Quader Mollah, another JI leader, was given a life sentence [JURIST report] for war crimes committed during the Bangladesh Liberation War (BLW). The protesters believed a life sentence was too lenient and that Mollah, who was convicted of charges including murder, rape and torture, should have been given the death penalty. The law passed by parliament will be effective retroactively [AP report] to July 2009, allowing prosecutors to appeal Mollah's sentence.


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Federal judge reduces damages awarded to Apple on Samsung patent infringment
Max Slater on March 2, 2013 11:09 AM ET

[JURIST] A judge for the US District Court for the Northern District of California [official website] on Friday reduced the amount of damages [order, PDF] that Samsung Electronics must pay Apple [corporate websites] for infringing on Apple patents. In August a jury awarded Apple a $1.05 billion judgment [JURIST report] against Samsung. Judge Lucy Koh ruled that the court must reduce the damages award by $450 million because she found that the jury calculated damages for 14 certain infringing Samsung products based on improper legal grounds. Koh also determined that it would be impossible to properly calculate the correct amount of damages under the jury's findings, and that a new trial would be necessary to formulate those damages: Because the Court has identified an impermissible legal theory on which the jury based its award, and cannot reasonably calculate the amount of excess while effectuating the intent of the jury, the Court hereby orders a new trial on damages ... This amounts to $450,514,650 being stricken from the jury's award. However, in her order Koh also encouraged Apple and Samsung to seek appellate review from the US Court of Appeals for the Ninth Circuit [official website] before holding a new trial.
The reduction in damages is the most recent event in a protracted patent litigation battle [JURIST op-ed] with Samsung that spans over four continents. In December Judge Koh requested a temporary "ceasefire" [JURIST report] in litigation while she determined whether or not to reduce the damages that Samsung owed to Apple. In October a judge for the US International Trade Commission [official website] issued a preliminary ruling [JURIST report] that Samsung infringed four of Apple's patents relating to smartphone design and touchscreen technology. Also in October the Dutch Rechtbank's-Gravenhage [official website, in Dutch] court ruled that Samsung did not infringe [JURIST report] on an Apple software patent. In the same month a UK court also ruled that Samsung did not infringe [JURIST report] on an Apple design patent. Also in October, Apple defeated [JURIST report] patent infringement claims made by Samsung in Japan, overcoming Samsung's attempt to enjoin iPhone sales in the country.


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Federal court upholds law prohibiting sports betting in most states
Max Slater on March 2, 2013 10:24 AM ET

[JURIST] A judge for the US District Court for the District of New Jersey [official website] on Thursday upheld a 21-year-old federal law prohibiting gambling, dealing a setback to New Jersey's attempts to legalize sports betting. Judge Michael Shipp ruled [AP report] that the Professional and Amateur Sports Protection Act (PASPA) [text] is constitutional, even though it is extremely unpopular in the state. PASPA only allows gambling in only four states, which do not include New Jersey. Shipp rejected New Jersey's arguments [Courier Post report] that PASPA violates constitutional guarantees of state sovereignty and equal protection, saying that if New Jersey citizens disagree with the act, they should seek to have Congress repeal it rather than fight it in the courts. New Jersey Governor Chris Christie plans to appeal the ruling to the US Court of Appeals for the Third Circuit [official websites].
Sports gambling has been a controversial legal issue recently, especially in New Jersey. In October JURIST guest columnist Kathryn Young defended New Jersey's sports betting law [JURIST comment], arguing that gambling can effectively increase states' revenue and should be viewed outside of its negative connotations. that There is a presumptive prohibition on most forms of gambling in the US, although restrictions on some forms of Internet gambling were loosened late in 2011 when the Department of Justice (DOJ) clarified that non-sports online gambling is presumptively legal [JURIST report]. In January 2012 Patrick Fleming [advocacy profile], Litigation Support Director at Poker Players Alliance [advocacy website], argued that the decision bolstered the legitimacy of Internet betting [JURIST comment], yet the gambling landscape remains a patchwork of many distinct standards and statutory definitions.


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