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Maldives president resigns after protests over detained judge
Tue, 07 Feb 2012 15:39:44 GMT

[JURIST] Maldives President Mohamed Nasheed resigned on Tuesday after weeks of protests over the detainment of senior criminal court Judge Abdulla Mohamed, who was arrested last month for corruption [JURIST report]. Nasheed, the country's first democratically-elected president, stepped down [press release], saying in a public address: "I believe if I continue as the President of the Maldives, the people of the country would suffer more. ... I wish the Maldives would have a consolidated democracy. I wish for justice to...

UN reports progress in ending female genital mutilation
Tue, 07 Feb 2012 14:37:37 GMT

[JURIST] The UN released its annual report [text, PDF] Monday on trends in female genital mutilation (FGM) [WHO backgrounder; JURIST news archive], revealing that approximately 2,000 African communities have renounced the practice since last year [JURIST report]. The UN Population Fund (UNFPA) and the UN Children's Fund (UNICEF) [official websites] compiled the report to fulfill a joint-mission to accelerate the voluntary abandonment of practicing FGM in Africa. The report detailed that two nations in particular have taken to ending FGM...

Italy appeals court orders release of former Guantanamo detainee
Tue, 07 Feb 2012 13:52:58 GMT

[JURIST] The Court of Appeals in Milan on Monday announced that they will overturn a lower court's verdict on Tunisian former Guantanamo Bay [JURIST backgrounder] detainee Mohamed Riadh Ben Nasri [NYT materials]. Nasri was convicted of terrorism association two years ago, after he was transferred from Guantanamo Bay [JURIST report] to stand trial in Italy. He was sentenced to six years in prison [JURIST report] for recruiting martyrs to commit acts of terrorism. Nasri and his lawyer alleged that he...

Obama signs order imposing stricter sanctions on Iran
Mon, 06 Feb 2012 19:08:34 GMT

[JURIST] US President Barack Obama [official website] signed an executive order [text] on Monday imposing strict sanctions on Iran as part of an effort to enforce a bill he signed into law in December 2011. The bill, National Defense Authorization Act for 2012 (NDAA) [SB 1867, PDF], allows for sanctions such as those ordered by Obama to be imposed on Iran. In a letter he sent to Congress, Obama explained [statement] that the sanctions were necessary because of the misleading...

UK court sets bail for Muslim cleric Abu Qatada
Mon, 06 Feb 2012 17:42:06 GMT

[JURIST] Muslim cleric Abu Qatada [BBC profile] was granted bail Monday by a Special Immigration Appeals Commission [official website] in the UK. He made his application for bail after winning an appeal [JURIST report] in the European Court of Human Rights (ECHR) [official website] to avoid deportation to his native Jordan. A court in Jordan previously found him guilty in absentia [Reuters report] of two bomb plots. The ECHR ruled in January that he could not be deported because...

Rights group urges Israel to end residency restrictions
Mon, 06 Feb 2012 17:00:34 GMT

[JURIST] Human Rights Watch (HRW) [advocacy website] on Sunday urged Israel [press release] to change its policies that forbid Palestinians from traveling through and living in Gaza and the West Bank. The report [text, PDF] describes the policy that causes separation within Palestinian families since some are trapped inside Israel while their family members are forbidden from entering. Israel was also criticized by HRW for never disclosing its rationale for imposing the restrictions on travel and residency. In the report,...

Georgia high court overturns assisted suicide law
Mon, 06 Feb 2012 16:38:17 GMT

[JURIST] The Supreme Court of Georgia [official website] ruled [opinion, PDF] unanimously Monday that the state's assisted suicide [JURIST news archive] law [§16-5-5 text] violated the First Amendment [text] right to free speech, essentially ruling in favor of four members of Final Exit [advocacy website] charged in 2009. Defendants Ted Goodwin, Claire Blehr, Lawrence Egbert and Nicholas Alec Sheriden were arrested for allegedly violating that law by running an assisted death operation. They pleaded not guilty and the Supreme Court...

UN rights expert urges Myanmar to continue reforms
Mon, 06 Feb 2012 16:32:18 GMT

[JURIST] A UN ambassador on Sunday urged the government in Myanmar to continue its ongoing reforms [statement] in areas such as judicial independence and human rights protections. Special Rapporteur on the situation of human rights in Myanmar Tomas Ojea Quintana [official profile], who spoke to reporters at the end of a six-day visit, praised the country for its recent reforms, such as a presidential pardon that will free a total of 651 political prisoners and the creation of laws to...

UN rights body criticizes El Salvador arbitrary detention
Mon, 06 Feb 2012 15:14:56 GMT

[JURIST] The UN Working Group on Arbitrary Detention [official website] voiced concern [press release; report] last week over security interests overriding the right of individuals to be free from arbitrary detention in El Salvador. The UN Working Group also criticized the overcrowding in police and prison facilities in Central America. The investigation consisted of visits to 11 prisons along with various meetings with lawyers, human rights organizations and members of society. Prisoners interviewed privately complained of invasive and humiliating searches...

Egypt NGO employees to face trial
Mon, 06 Feb 2012 14:51:15 GMT

[JURIST] Egyptian investigative judges on Sunday referred to a criminal court in Cairo the cases of 43 individuals working for non-governmental organizations (NGOs) that advocate democracy in the country. The suspects, including 19 Americans, other foreigners and Egyptians, have been charged with promoting democracy in Egypt [Egypt Independent report] without proper documentation and by using illegal funds. Egyptian officials are preventing the suspects from leaving the country. The accused include employees of the International Republican Institute (IRI), the National Democratic...

Libya trial against Gaddafi allies postponed
Mon, 06 Feb 2012 14:25:15 GMT

[JURIST] The trial against 41 Libyans accused of assisting Muammar Gaddafi [BBC obituary; JURIST news archive] in suppressing the revolt during the Libya conflict [JURIST backgrounder] was postponed Sunday after a brief start, according to the Libyan news agency LANA. The men face charges [Tripoli Post report] of murder and helping prisoners escape. The court postponed the trial in response to pleadings [Reuters report] by the defense panel that the case be transferred to the civil judiciary because the military...

Federal judge allows challenge to Utah anti-polygamy law
Sun, 05 Feb 2012 20:14:03 GMT

[JURIST] A judge for the US District Court for the District of Utah [official website] ruled [opinion, PDF] Friday that the Browns, a publicly polygamist family living in Utah, have standing to bring a suit challenging Utah's anti-bigamy law against Utah County Attorney General Jeffrey Buhman. The court dismissed challenges brought against Utah Governor Gary Herbert and Utah Attorney General Mark Shurtleff for lack of standing, saying there was insufficient evidence that the state officials had any intention to prosecute...

US army drops charges in Afghan civilian death case
Sun, 05 Feb 2012 19:16:54 GMT

[JURIST] The US Army dropped all charges against Army Specialist Michael Wagnon Friday, ending the final case in a series of related charges against five army personnel accused of killing Afghan civilians. Wagnon had been facing a charge of murder for his alleged involvement in the killing of three Afghan civilians and was expected to go to trial in March. All four of the other soldiers charged in connection with the killings were either convicted or pleaded guilty. In a...

Virginia lawmakers approve bill allowing adoption agencies to refuse placement
Sun, 05 Feb 2012 16:53:45 GMT

[JURIST] The Virginia House of Delegates [official website] on Friday voted 71-28 to approve a bill [text] that would allow adoption agencies to refuse to place a child if the agency, or anyone affiliated with it, disagrees with the proposed placement based on religious beliefs. Effectively, this bill would allow adoption agencies to refuse to adopt to same-sex couples. Governor Bob McDonnell [official profile] said he will sign the bill if it makes it to his desk. The bill provides,...

France appeals court upholds Scientology fraud conviction
Sun, 05 Feb 2012 15:54:05 GMT

[JURIST] A French court of appeals on Thursday upheld the 2009 fraud conviction against the Church of Scientology [church website, JURIST news archive], fining the defendants a total of €600,000. The decision upheld the original conviction of the Spiritual Association of the Church of Scientology (ASES) [church website, in French], an affiliated bookstore, and seven other members for fraud and illegal practice of pharmacy. The complaint was originally filed [JURIST report] by a woman who was recruited in 1998 and...

Pentagon official denies extension for 9/11 suspects
Sat, 04 Feb 2012 19:55:16 GMT

[JURIST] Bruce MacDonald, the senior Pentagon official overseeing war crimes tribunals at Guantanamo [JURIST backgrounder], on Friday denied a request to extend the filing deadline for pre-trial motions [JURIST report] for prisoners accused of planning the 9/11 attacks [JURIST backgrounder]. The prisoners' lawyers stated that they needed the extension because of delays in getting security clearance [AP report] and new restrictions on legal mail between the attorneys and their clients. The prisoners' arraignment is set to occur within months. In...

Federal government requests additional time for oral argument in health care reform case
Sat, 04 Feb 2012 19:06:34 GMT

[JURIST] The federal government on Friday requested additional time for oral argument [brief, PDF] before the US Supreme Court to argue that the minimum coverage provision of the Patient Protection and Affordable Care Act (PPACA) [HR 3590; JURIST backgrounder], which requires almost every US citizen to obtain health insurance by 2014 or face a tax penalty, is constitutional. The government requested an additional 30 minutes, which would bring the total time allotted for oral argument to six hours. The government...

US Army refers intelligence analyst's Wikileaks case for court-martial
Sat, 04 Feb 2012 14:43:09 GMT

[JURIST] US Army [official website] commander Maj. Gen. Michael Linnington [official profile] referred Pfc. Bradley Manning [advocacy website; JURIST news archive] to a general court-marital Friday on all charges for allegedly releasing classified information to WikiLeaks [website; JURIST news archive]. The referral to a court-martial means Manning will now stand trial [AP report] on 22 counts brought against him for his alleged disclosure of over 700,000 confidential documents and videos to the Wikileaks website. It was the largest leak of...

EU asks Google to delay new privacy policy
Fri, 03 Feb 2012 19:56:19 GMT

[JURIST] The European Union's data protection authorities wrote a letter [text, PDF] to Google Thursday asking it to delay implementation of its new privacy policy, which is supposed to take effect March 1. The EU is concerned the privacy policy, which will combine various policies of more than 60 of its products into one, may be in violation of EU laws. Google released details of its new privacy policy [corporate website] last week, saying it will make it easier to...

Lawyers for 9/11 suspects seeking further trial delay
Fri, 03 Feb 2012 18:54:11 GMT

[JURIST] Lawyers for two Guantanamo prisoners accused of planning the 9/11 attacks [JURIST backgrounders] asked the Pentagon Thursday to extend the filing deadline for pre-trial motions. There are currently two prisoners requesting extension, and they both cite the recent mail review controversy as to why they have been unable to meet the current deadline. Navy Cmdr. Walter Ruiz, the lawyer appointed to represent Mustafa Ahmad al-Hawsaw,i claims that the new restrictions on legal mail between attorneys and their clients prevented...

Rwanda court charges genocide suspect
Fri, 03 Feb 2012 18:33:16 GMT

[JURIST] War crimes suspect Leon Mugesera was charged with genocide planning, incitement and distribution of arms Thursday in a Kigali court in Rwanda. He was deported from Canada to Rwanda [JURIST report] nine days ago, following a 16-year battle in the Canadian court system in which Mugesera attempted to stay in Canada. The Quebec Superior Court ruled last month [judgment, in French] that it did not have jurisdiction over the case. Mugesera is facing charges relating to a speech he...

France court rules Google Maps practicing unfair competition
Fri, 03 Feb 2012 18:04:24 GMT

[JURIST] The French Commercial Tribunal [official website, in French] in Paris ruled Tuesday that Google Maps [corporate website] is anti-competitive because it is offered as a free service. The plaintiff, Bottin Cartographers [corporate website], alleged that Google provides its maps service for free, thereby undercutting competitors, in order to gain market control. The court ordered that Google must pay £415,000 to the plaintiff [Guardian report], as well as a €15,000 fine, totaling about $680,000. This is the first conviction against...

Massachusetts court rules child custody laws apply to same-sex parents
Fri, 03 Feb 2012 17:43:37 GMT

[JURIST] The Massachusetts Appeals Court [official website] held Thursday that same-sex [JURIST news archive] couples who marry and have a baby via artificial insemination are bound by the same child custody laws [opinion] as heterosexual couples. The decision came after an appeal by Della Corte, who tried to have the parental rights of her ex-wife, Angelica Rameriez, revoked in divorce proceedings since she could never be a "husband," as defined by the Massachusetts law. The court found that even though...

ICJ rules Germany immune from Nazi victim claims
Fri, 03 Feb 2012 16:28:34 GMT

[JURIST] The International Court of Justice (ICJ) [official website] on Friday ruled [judgment, PDF] that Germany has immunity from claims brought in foreign courts by victims of the Nazi regime. The Court found that a 2008 decision by Italy's Supreme Court [JURIST report] violated Germany's sovereign rights by allowing an Italian national to seek reparations in response to his deportation in 1944. Germany appealed this decision to the ICJ and oral arguments were heard [JURIST report] in September 2011. Germany...

Ex-Khmer Rouge leader sentenced to life
Fri, 03 Feb 2012 16:17:12 GMT

[JURIST] The Supreme Court Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website] on Friday sentenced Kaing Guek Eav [Hague Justice profile; ECCC materials], also known as "Duch," to life imprisonment [press release] for crimes against humanity and violation of the 1949 Geneva Conventions [materials]. In a supermajority decision [summary, PDF], the Supreme Court Chamber overturned two decisions of the Trial Chamber. According to the Supreme Court Chamber, the July 2010 decision [JURIST report] imposing 35...

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