Jurist
Oman court begins trial of 15 human rights activists
An Omani court on June 25 began a hearing against protesters who have been accused of defamation and illegal assembly. The Omani authorities have arrested more than 30 individuals who had been protesting against the government to demand political reform, promote human rights and call for the release of detained human rights defenders. The court proceedings opened with hearing the case against 15 protesters, four of whom have been charged with defamation and incitement to protests and strikes in an oil facility, and the remainder of whom have been charged with illegal assembly.
Supreme Court partially strikes down Arizona immigration law
The US Supreme Court on June 25 ruled 5-3 that three provisions of Arizona's controversial immigration law, SB 1070, are preempted by federal law but upheld the most controversial provision. In Arizona v. United States, four specific provisions of the law were at issue: Section 2(B), which requires police officers to check the immigration status of anyone whom they arrest and allows police to stop and arrest anyone whom they believe to be an illegal immigrant; Section 3, which makes it a crime for someone even to be in the state without valid immigration papers; Section 5(C), which makes it a crime to apply for or hold a job in Arizona without proper papers; and Section 6, which gives a police officer the power to arrest an individual, without a warrant, whom the officer believes has committed a crime that could cause him or her to be deported, no matter where the crime may have occurred. In his opinion, Justice Anthony Kennedy found that sections 3, 5(C) and 6 intruded in areas reserved for the federal government:
ACLU report: Puerto Rico police abusing power
The American Civil Liberties Union on June 19 released a report alleging widespread abuses by the Puerto Rico Police Department (PRPD). The report documents numerous instances excessive force, sometimes deadly, to suppress speech, subdue protesters, and target ethnic and racial minorities. It also alleges a culture of impunity among the police and a failure to police crimes of abuse and sexual assault:
Congressman to sue Obama over new immigration policy
Congressman Steve King (R-IA) said June 15 that President Barack Obama's plan to issue an executive order implementing (some) policies of the DREAM Act is unconstitutional and announced that he plans to sue the administration to delay implementation. King claims that this executive order would effectively implement a law that was rejected by Congress and, therefore, Obama does not have the power to issue it.
Federal judge dismisses lawsuit over US medical experiments in Guatemala
A judge for the US District Court for the District of Columbia on June 13 dismissed a lawsuit filed by seven Guatemalans who alleged that they had been the subject of non-consensual human medical experimentation by the US Public Health Service. In its decision, the court found that under the Federal Tort Claims Act (FTCA) the US government is specifically exempt from liability for torts that occur outside of the US. Because the plaintiffs sued government officials who were acting in the capacity of their positions, the claim is automatically converted to a claim against the US government, and the court is bound by the FTCA. In his decision, Judge Reggie Walton acknowledged that "the Guatemala Study is a deeply troubling chapter in our Nation's history," but concluded that the court had no authority to provide relief. He suggested that the victims seek a remedy through political means. The Guatemalan government had reportedly requested that the US government provide out-of-court settlements before the lawsuit was filed, but the US did not respond.
International Criminal Court staff members detained in Libya
The International Criminal Court (ICC) said June 9 that four ICC staff members have been detained in Libya since Thursday the 7th. They traveled to Libya on the 6th to meet with Saif al-Islam Qaddafi, the son of Moammar Qaddafi. Reportedly among the detainees are Melinda Taylor, an Australian lawyer working for the ICC. A representative for the Libyan courts said that Taylor attempted to give documents to Saif al-Islam that were from his former aid, Mohammed Ismail, who has been in hiding since the Libyan conflict began. She was therefore found to pose a threat to Libyan safety.
Israel urged to release Palestinian detainees
Amnesty International on May 5 urged Israel to release all prisoners of conscience and administrative detainees or immediately try them under international fair trial standards. In a new report, "Starved of Justice: Palestinians detained without trial by Israel," Amnesty states that Israel has been using a number of measures—such as Military Order 1651 of 2010, the Internment of Unlawful Combatants Law of 2002, and the Emergency Powers (Detention) Law of 1979—against Palestinian residents in the West Bank. Although the laws officially apply to everyone, AI reported that the laws are being used to detain only Palestinians. Additionally, AI found that most of the detainees were never informed of the evidence presented against them although they have the right to appeal and are entitled to legal counsel of their choice. With its report, AI concluded that injustice against detainees is still ongoing.
Pakistan: doctor who helped CIA not convicted for ties to US
A Pakistani doctor who helped the US government find Osama bin Laden was convicted last week for his association to a militant group in Pakistan, not for his ties to the US Central Intelligence Agency (CIA), as was originally reported. A court document released to the press indicates that Dr. Shakeel Afridi was sentenced to 33 years in prison because of his association with a banned militant group (Lashkar-e-Islam, according to Reuters). The document noted that the court did not have jurisdiction to address Afridi's association with the CIA. Afridi was part of a CIA attempt to gather DNA samples from residents of bin Laden's Abbattobad compound in an effort to determine whether bin Laden was present there. Pakistani court officials originally reported that Shakil was imprisoned because of his work with the CIA. It is unclear why these false reports were made.
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