JURIST's legal news service, powered by a team of over 40 law student reporters and editors led by Professor Bernard Hibbitts at the University of Pittsburgh School of Law. http://jurist.org/paperchase JURIST@pitt.REMOVE_THISedu [JURIST] A senior judge for the Judiciary of England and Wales [official website] on Friday partially upheld [Reuters report] a request by British Foreign Secretary William Hague [official profile] to withhold certain information from the investigation into the 2006 death of Russian spy Alexander Litvinenko [JURIST news archive]. Litvinenko was a member of the Federal Security Service of the Russian Federation (FSB) [official website, in Russian] when he was poisoned to death. Sir Robert Owen was appointed [press release] in 2012 as Assistant Deputy Coroner to take charge of the inquest into Litvinenko's. He has agreed to withhold [Al Jazeera... http://jurist.org/paperchase/2013/05/britain-judge-upholds-request-to-withhold-evidence-from-russian-spy-death-investigation.php 2013-05-19T17:26:25-05:00 http://jurist.org/paperchase/2013/05/britain-judge-upholds-request-to-withhold-evidence-from-russian-spy-death-investigation.php Theresa Donovan ... [JURIST] The Afghanistan parliament on Saturday blocked legislation that would have worked to strengthen women's rights in the country. If passed, the legislation would have protected provisions [AP report] of the 2009 Law on Elimination of Violence Against Women (EVAW) [PDF], which was originally implemented by presidential decree, from being repealed by a future Afghanistan president. The law criminalizes child marriages and forced marriages and states that rape victims should not be charged with adultery or fornication. Fawzia Koofi [official website], a lawmaker who has stated an interest in being a future presidential candidate, expressed disappointment regarding the legislation's failure,... http://jurist.org/paperchase/2013/05/afghanistan-parliament-blocks-womens-rights-legislation.php 2013-05-19T16:06:06-05:00 http://jurist.org/paperchase/2013/05/afghanistan-parliament-blocks-womens-rights-legislation.php Theresa Donovan ... [JURIST] Five human rights organizations, including Human Rights Watch (HRW) [advocacy website], sent a letter letter [text] Cameroon authorities on Friday to drop the charges against two transgender youths rather than undergoing an appeal to the Cameroon Supreme Court [official website]. The defendants, who identify as women, were arrested [press release] in July 2011 and prosecuted on charges of homosexual conduct. Police who saw them dressed in women's clothing and stopped their vehicle, claiming the people in the car were groping each other. At trial no eyewitnesses were produced to confirm the charge, but the trial court convicted both defendants.... http://jurist.org/paperchase/2013/05/cameroon-authorities-urged-to-drop-charges-against-transgendered-youths.php 2013-05-19T11:45:06-05:00 http://jurist.org/paperchase/2013/05/cameroon-authorities-urged-to-drop-charges-against-transgendered-youths.php Endia Vereen ... [JURIST] The US Court of Appeals for the Sixth Circuit [official website] on Friday ruled [opinion, PDF] that people convicted of crack cocaine offenses have a right to resentencing hearings under the Fair Sentencing Act (FSA) [PDF; JURIST report]. The case was brought by two incarcerated defendants seeking retroactive relief from racially discriminatory, 10-year mandatory minimum sentences imposed on them in 2005. The ruling expands the FSA, which lessens penalties for possession and dealing, to people whose cases was concluded before the law was passed, potentially opening the door for thousands of inmates to request reduced prison time from federal... http://jurist.org/paperchase/2013/05/federal-court-rules-crack-cocaine-offenders-have-a-right-to-resentencing-hearing.php 2013-05-19T11:36:05-05:00 http://jurist.org/paperchase/2013/05/federal-court-rules-crack-cocaine-offenders-have-a-right-to-resentencing-hearing.php Endia Vereen ... [JURIST] The Illinois Senate [official website] passed a bill [text] on Friday that would allow the use of marijuana for medical purposes in the state, subject to strict regulations. The bill indicates that marijuana may only be used for specified medical conditions, and is intended to be regulated through dosage limits and background checks. The state would license 22 growers and 60 dispensers across the state to provide the drug. Those who qualify will be prohibited from smoking marijuana in public or around minors. This bill has already been approved the the Illinois House [official website]. The bill will now... http://jurist.org/paperchase/2013/05/illinois-senate-approves-medical-marijuana-bill.php 2013-05-18T12:47:56-05:00 http://jurist.org/paperchase/2013/05/illinois-senate-approves-medical-marijuana-bill.php Addison Morris ... [JURIST] Portugal's Parliament [official website] voted Friday to approve a law allowing same-sex married couples to adopt their partners' children. The Parliament also voted on Friday to reject the Left Bloc and Green Party's [official websites, Portuguese] proposal to grant gay couples the same adoption rights as heterosexuals. The bill approved by Parliament is intended to primarily serve the children in the event that their biological parent dies or falls ill. It was passed by only five votes, while 9 Parliament members declined a vote and 28 did not appear. The bill must still be signed into law by President... http://jurist.org/paperchase/2013/05/portugal-expands-adoption-rights-for-same-sex-couples.php 2013-05-18T12:10:54-05:00 http://jurist.org/paperchase/2013/05/portugal-expands-adoption-rights-for-same-sex-couples.php Addison Morris ... [JURIST] A group of Colorado Country Sheriffs filed a lawsuit [complaint, PDF] in the US District Court for the District of Colorado [official website] on Saturday challenging two new gun control laws [HB 1224, PDF; HB 1229, PDF] passed earlier this year. The challenged laws, signed by Governor John Hickenlooper [JURIST report] in March, ban high capacity magazines, limiting them to a maximum capacity of 15, and establish a required universal background check for all sales and transfers of guns in the state. The sheriffs argue in their complaint that the laws violate their second amendment right to keep and... http://jurist.org/paperchase/2013/05/colorado-sheriffs-challenge-new-gun-control-laws.php 2013-05-18T11:08:24-05:00 http://jurist.org/paperchase/2013/05/colorado-sheriffs-challenge-new-gun-control-laws.php Matthew Pomy ... [JURIST] French President Francois Hollande [official website, in French] gave final approval Saturday to legislation [text, PDF, in French] legalizing same-sex marriage and establishing the right of same-sex couples to adopt. The widely controversial bill, which was part of Hollande's campaign pledges, was was approved by parliament [JURIST report] last month, but France's Union for a Popular Movement party [party website, in French] filed a legal challenge with the country's Constitutional Council. The court rejected the challenge [JURIST report] on Friday, clearing the way for final approval of the bill. Hollande signed the bill into law amid protests [Al Jazeera... http://jurist.org/paperchase/2013/05/france-president-signs-same-sex-marriage-and-adoption-bill.php 2013-05-18T10:41:41-05:00 http://jurist.org/paperchase/2013/05/france-president-signs-same-sex-marriage-and-adoption-bill.php Matthew Pomy ... [JURIST] A judge for the US District Court for the Eastern District of Arkansas [official website] on Friday temporarily blocked enforcement of a law law banning abortions 12 weeks into a pregnancy. US District Judge Susan Webber Wright granted a motion for preliminary injunction [AP report] against the Arkansas Human Heartbeat Protection Act [Act 301, PDF; materials], which bans abortions "of an unborn human individual whose heartbeat has been detected ... and is twelve (12) weeks or greater gestation." The law is being challenged [JURIST report] by the American Civil Liberties Union of Arkansas and the Center for Reproductive Rights... http://jurist.org/paperchase/2013/05/federal-judge-blocks-arkansas-12-week-abortion-ban.php 2013-05-17T14:58:19-05:00 http://jurist.org/paperchase/2013/05/federal-judge-blocks-arkansas-12-week-abortion-ban.php Jaclyn Belczyk ... [JURIST] France's Constitutional Council [official website, in French] on Friday approved [judgment, in French; press release, in French] a same-sex marriage bill [text, PDF, in French]. The legislation was approved by parliament [JURIST report] last month, but former president Nicolas Sarkozy's Union for a Popular Movement [party website, in French] party filed a legal challenge. The court rejected the challenge but did clarify that the right of same-sex couples to adopt does not establish [France24 report] a "right to a child." French President Francois Hollande [official website, in French], a supporter of the legislation, is expected to sign the bill... http://jurist.org/paperchase/2013/05/france-constitutional-court-approves-same-sex-marriage-bill.php 2013-05-17T13:48:52-05:00 http://jurist.org/paperchase/2013/05/france-constitutional-court-approves-same-sex-marriage-bill.php Jaclyn Belczyk ... [JURIST] Human Rights Watch (HRW) [advocacy website] on Friday urged [report] Syrian opposition leaders and neutral international experts to safeguard evidence of torture and arbitrary detention uncovered in government intelligence facilities in Raqqa, the first city to fall to rebel forces. HRW visited the area in April and discovered detention cells, interrogation rooms and torture devices consistent with descriptions given by former detainees since the beginning of the Syrian Civil War [JURIST backgrounder] in 2011. In addition HRW reportedly uncovered documents listing the security force members who had worked in the facilities alongside catalogues of all of Raqqa's college graduates.... http://jurist.org/paperchase/2013/05/evidence-of-torture-found-in-syria-government-centers-hrw.php 2013-05-17T13:40:27-05:00 http://jurist.org/paperchase/2013/05/evidence-of-torture-found-in-syria-government-centers-hrw.php Benjamin Minegar ... [JURIST] The Chad public prosecutor's office announced on Wednesday that it has arrested Mahamat Djibrine, a former political police chief suspected of torture and hundreds of politically motivated killings in the 1980s. Djibrine was in charge of the Directorate of Documentation and Service (DDS) political police under then-president Hissene Habre [BBC backgrounder; JURIST news archive], and was arrested [AFP report] after DDS victims filed a lawsuit accusing him of torture, acts of barbarism and illegal detention. He could be extradited to Senegal, as mandated by the African Union (AU) [official website] to try Habre in 2006, though Senegal has delayed... http://jurist.org/paperchase/2013/05/chad-authorities-arrest-war-crimes-suspect.php 2013-05-17T12:30:14-05:00 http://jurist.org/paperchase/2013/05/chad-authorities-arrest-war-crimes-suspect.php Alison Sacriponte ... [JURIST] Bolivian lawmakers on Tuesday passed a bill allowing incumbent President Evo Morales [BBC profile; JURIST news archive] to seek a third term in the nation's 2014 elections. Bolivia's lower house approved the bill 84 to 33 [MercoPress report] despite the single re-election provision in the Bolivian Constitution [text, in Spanish] after the measure was approved in the Senate. The constitution was amended [JURIST report] in 2009 after Morales's first term in office began in 2005. In 2008, Morales engineered an endorsement [JURIST report] of the constitution by agreeing not to seek reelection in 2014. However, in April, Bolivia's Constitutional... http://jurist.org/paperchase/2013/05/bolivia-lawmakers-approve-presidents-third-term.php 2013-05-17T12:18:30-05:00 http://jurist.org/paperchase/2013/05/bolivia-lawmakers-approve-presidents-third-term.php Benjamin Minegar ... [JURIST] Hungarian laws introduced by the ruling Fidesz [party website, in Hungarian] party in 2010 are undermining human rights, according to a report [text, PDF] published Thursday by Human Rights Watch (HRW) [advocacy website]. According to HRW, the new constitution and laws are negatively affecting human rights and the rule of law. The 29-page report states that many of the major changes "weaken legal checks on its authority, interfere with media freedom, and otherwise undermine human rights protection in the country." HRW noted the Hungarian government's continuing failure to comply with EU recommendations, suggesting concrete EU action, such as suspending... http://jurist.org/paperchase/2013/05/hungary-laws-undermining-human-rights-hrw.php 2013-05-17T11:20:06-05:00 http://jurist.org/paperchase/2013/05/hungary-laws-undermining-human-rights-hrw.php Alison Sacriponte ... [JURIST] A judge for the US District Court for the Eastern District of Arkansas [official website] on Wednesday rejected [order, PDF] Arkansas' attempt to dismiss a lawsuit challenging the state's law banning abortions 12 weeks into a pregnancy. US District Judge Susan Webber Wright denied the motion to dismiss, ruling that the lawsuit made a strong enough case to warrant allowing it to go forward. The court also found that the abortion providers bringing the suit have standing. The case, challenging Act 301 [text, PDF] amending Arkansas law governing abortions, was brought by the American Civil Liberties Union of Arkansas... http://jurist.org/paperchase/2013/05/federal-judge-allows-challenge-to-arkansas-abortion-law-to-proceed.php 2013-05-17T11:06:33-05:00 http://jurist.org/paperchase/2013/05/federal-judge-allows-challenge-to-arkansas-abortion-law-to-proceed.php Kimberly Bennett ... [JURIST] The US Court of Appeals for the Sixth Circuit [official website] on Tuesday denied an appeal [opinion, PDF] by a German family seeking asylum in the US in order to homeschool their children for religious reasons. The Romeike family alleged that Germany's ban against homeschooling caused them a well-founded fear of persecution based on their membership in a "particular social group"—homeschoolers. In the opinion, Judge Jeffrey Sutton wrote that US immigration law [text] for asylum-seekers only applies for those who have a "well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or... http://jurist.org/paperchase/2013/05/us-appeals-court-denies-asylum-to-german-family-wanting-to-homeschool.php 2013-05-17T09:56:37-05:00 http://jurist.org/paperchase/2013/05/us-appeals-court-denies-asylum-to-german-family-wanting-to-homeschool.php Kimberly Bennett ... [JURIST] A judge for the US District Court for the Southern District of New York [official website] on Wednesday denied a motion to certify a putative class action against Google's YouTube [corporate website] involving copyright owners from around the world. Named plaintiffs included the English Premier League, the French Tennis Federation, the National Music Publishers' Association [corporate websites] and several other music publishers. The plaintiffs asserted that YouTube infringed on copyrighted materials [Reuters report] by allowing unauthorized hosting of certain protected video and sound clips. Unnamed class members included copyright owners who issued "take-down notices" to Youtube after its unauthorized... http://jurist.org/paperchase/2013/05/--dnp-1.php 2013-05-16T14:02:03-05:00 http://jurist.org/paperchase/2013/05/--dnp-1.php Benjamin Minegar ... [JURIST] A group of UN experts on Wednesday encouraged Guatemalan authorities to continue to seek the establishment of internal and transitional "truth and justice" in the wake of the trial of Former Guatemalan dictator Efrain Rios Montt [JURIST news archive]. Last Friday, a Guatemalan court sentenced Rios Montt to 80 years in prison [JURIST report] for his role in presiding over the brutal junta responsible for the torture, rape and murder of 1,771 indigenous Ixil Mayans between 1982 and 1983. The trial marked the first time that a national court prosecuted a former head of state for genocide and crimes... http://jurist.org/paperchase/2013/05/un-urges-continued-commitment-to-justice-after-rios-montt-trial.php 2013-05-16T13:06:30-05:00 http://jurist.org/paperchase/2013/05/un-urges-continued-commitment-to-justice-after-rios-montt-trial.php Benjamin Minegar ... [JURIST] A federal judge on Tuesday reinstated a $203 million penalty against Wells Fargo [corporate website] in a class action suit alleging that the bank affirmatively misled customers and then charged excessive overdraft fees. Rather than processing purchases in a chronological order, as is the common practice, the bank processed its customers' purchases from largest to smallest. The penalty was originally ordered in August 2010, but the US Court of Appeals for the Ninth Circuit [official website] tossed [text, PDF] the order in December. The case's original judge, Judge William Alsup, reviewed the case and reinstated the penalty after concluding... http://jurist.org/paperchase/2013/05/wells-fargo-ordered-to-pay-203-million-for-misleading-customers.php 2013-05-16T11:44:57-05:00 http://jurist.org/paperchase/2013/05/wells-fargo-ordered-to-pay-203-million-for-misleading-customers.php Addison Morris ... [JURIST] The UN General Assembly [official website], deeply concerned by the rising death toll in Syria, adopted a resolution [press release] Wednesday calling for rapid progress on a political transition while condemning the Syrian government's use of heavy weapons and the "widespread and systematic" violations of human rights within the region. The resolution also welcomes the 2012 establishment of the National Coalition for Syrian Revolutionary and Opposition Forces (ETILAF) [official website] as the representatives needed for a political dialogue and eventual transition. The measure also requests urgent financial support for countries hosting Syrian refugees, with the UN High Commissioner for... http://jurist.org/paperchase/2013/05/un-general-assembly-adopts-resolution-calling-for-political-transition-in-syria.php 2013-05-16T11:19:03-05:00 http://jurist.org/paperchase/2013/05/un-general-assembly-adopts-resolution-calling-for-political-transition-in-syria.php Julie Deisher ... [JURIST] Brazil's National Council of Justice [official website, in Portuguese] on Tuesday ruled [resolution, in Portuguese, PDF] that notaries public cannot refuse to perform same-sex marriage ceremonies, effectively legalizing same-sex marriage in Brazil. The decision follows legislation in Argentina and Uruguay, which both legalized same-sex marriage in recent years. The ruling, entered on May 14 and effective May 16, prohibits authorities [press release, in Portuguese] from refusing to perform same-sex marriages, register same-sex marriages performed elsewhere, or convert same-sex civil unions into marriages at the couple's request. There is an opoprtunity for a judicial appeal to Brazil's highest court, the... http://jurist.org/paperchase/2013/05/brazil-justice-council-effectively-legalizes-same-sex-marriage.php 2013-05-16T10:51:36-05:00 http://jurist.org/paperchase/2013/05/brazil-justice-council-effectively-legalizes-same-sex-marriage.php Julie Deisher ... [JURIST] The Center for Reproductive Rights (CRR) [advocacy website] on Wednesday challenged [supplemental complaint, PDF; motion, PDF] a North Dakota law that places additional requirements on abortion clinics. SB 2305 [text PDF], passed [JURIST report] in March, restricts abortion providers to those doctors recognized by a hospital within 30 miles of the clinic. Although the providers at Red River Women's Clinic [clinic website] sought such recognition, pre-existing hospital policies prevented them from complying with the statute. Without such recognition, the clinic could be shut down. As that facility is the only abortion clinic in the state, this statute could effectively... http://jurist.org/paperchase/2013/05/north-dakota-abortion-law-challenged.php 2013-05-16T10:38:29-05:00 http://jurist.org/paperchase/2013/05/north-dakota-abortion-law-challenged.php G. Redd ... [JURIST] A UN special reporter said Tuesday that the current situation in Eritrea warrants close scrutiny [press release] from the international community. Sheila Keetharuth [official profile] made the statement based on her findings during a 10-day mission to obtain knowledge from refugees in Ethiopia and Djibouti. The total number of refugees in the past year reached 4,000—increasing the total Eritrean refugee population to more than 50,000. Specifically, she expressed concern for the increasing numbers of both unaccompanied minors and those seeking religious freedom. She attributed these recent increases to a "culture of rights denial." Echoing the UN statements made in... http://jurist.org/paperchase/2013/05/un-rights-expert-urges-increased-scrutiny-in-eritrea.php 2013-05-16T09:51:12-05:00 http://jurist.org/paperchase/2013/05/un-rights-expert-urges-increased-scrutiny-in-eritrea.php G. Redd ... [JURIST] UN High Commissioner for Human Rights Navi Pillay [official website] said on Tuesday that the mutilation of a Syrian soldier seen in an Internet video should be investigated as a potential war crime. Pillay urged [press release] Syrian rebels to stop the "truly atrocious" acts. Although the video cannot be fully authenticated, it appears to show a Syrian rebel leader cutting out and biting the heart of a dead soldier. As Pillay stressed, "mutilating or desecrating corpses during a conflict is a war crime." Opposition fighters have also been accused of acts of torture, summary executions and extra-judicial killings.... http://jurist.org/paperchase/2013/05/un-rights-chief-urges-syrian-rebels-to-end-war-crimes-depicted-in-video.php 2013-05-16T08:26:16-05:00 http://jurist.org/paperchase/2013/05/un-rights-chief-urges-syrian-rebels-to-end-war-crimes-depicted-in-video.php Alison Sacriponte ... [JURIST] Three UN independent experts on Tuesday urged authorities in Russia to revise a law [press release] that is having "obstructive, intimidating and stigmatizing effects" on the country's non-governmental organizations (NGOs) and non-commercial organizations (NCOs) [JURIST op-ed]. The law, adopted in November, requires NGOs and NCOs to register as "organizations performing the functions of foreign agents" if they want to engage in any sort of political activity and receive foreign funding. Under this registration, the government can closely monitor them and impose severe penalties. Special Rapporteur on the rights to peaceful assembly and of association Maina Kiai noted that according... http://jurist.org/paperchase/2013/05/un-experts-urge-russia-to-revise-law-detrimental-to-ngos.php 2013-05-16T07:02:36-05:00 http://jurist.org/paperchase/2013/05/un-experts-urge-russia-to-revise-law-detrimental-to-ngos.php Alison Sacriponte ...