Jurist
Ninth Circuit keeps Montana campaign finance law —for upcoming election
The US Court of Appeals for the Ninth Circuit ruled (PDF) Oct. 16 that it will keep Montana's campaign contribution limits in place for the duration of the election season, extending a stay on a lower court decision. The appeals court ruled that changing the finance rules less than one month before election day and after absentee voting has already started would prove unfair to candidates who have followed these rules throughout the present campaign cycle. The court also held that because Montana's campaign contribution limits are among the lowest in the country, removing that limit as a matter of free speech pursuant to the 2010 US Supreme Court decision Citizens United v. Federal Election Commission would drastically alter the playing field. American Tradition Partnership, one of the groups challenging the law, said that while the ruling is a setback, it intends to continue challenging the law and expects to "prevail in the end."
US court upholds immunity for Rwanda president
The US Court of Appeals for the Tenth Circuit on Oct. 10 dismissed a lawsuit against Rwandan President Paul Kagame alleging he ordered the killings of the former presidents of Rwanda and Burundi. The lawsuit was filed by the widows of Juvenal Habyarimana, the former president of Rwanda, and Cyprien Ntaryamira, the former president of Burundi, who were killed when their plane was shot down on approach to Rwanda. The widows have alleged that Kagame ordered the attack, which was allegedly carried out by a rebel army in Rwanda. They sought $350 million in damages. In its decision, the court ruled that Kagame is immune from suit because he is the leader of a foreign state. The court's decision upholds a district court ruling finding the same and is consistent with a suggestion of immunity filed by the US government last year.
Nigerians sue Shell in Netherlands over oil spills
Four Nigerian residents and an advocacy group told a Dutch court on Oct. 11 that Shell should be held liable for damage from oil pollution in the Niger Delta. The suit, which was filed by the four villagers and Friends of the Earth Netherlands in 2008, is the first time a Dutch company has been sued for the alleged misconduct of its foreign subsidiary. Shell has maintained throughout the trial that the case should be heard in Nigeria and that the Dutch court does not have jurisdiction. Friends of the Earth Netherlands says that the case could set an international precedent encouraging victims of pollution by Western corporations to sue in the Netherlands and other nations in the EU, noting that there are hundreds of thousands of pollution victims in Nigeria alone. Shell argues that the pollution damage was caused by thieves who sabotaged the oil lines and that its local subsidiary fulfilled its duty in cleaning up the spills. A verdict in this case is expected by early 2013.
Kazakhstan sentences opposition leader to prison
A court in Kazakhstan on Oct. 8 sentenced an outspoken political activist to seven-and-a-half years in jail for allegedly colluding with a fugitive billionaire to overthrow the government. Specifically, Judge Berdybek Myrzabekov found Vladimir Kozlov, head of the unofficial Alga! party, guilty of inciting dissent among striking oil workers in what became a series of violent clashes between police and workers that left 15 people dead last December. The judge declared that Kozlov had turned a labor dispute into a politicized strike on orders from billionaire Mukhtar Ablyazov, a rival of Kazakhstan President Nursultan Nazarbayev. Koslov, however, has consistently denied the charges and proclaimed that his case was an attempt by the President to quell civil protests within the country.
UN rights office condemns Iran crackdown on dissidents
Representatives for the UN Office of the High Commissioner for Human Rights (OHCHR) voiced their concern Oct. 2 over Iran's recent crackdown on activists speaking out within the nation. The OHCHR is most notably concerned by the September arrest of human rights lawyer Mohammad Ali Dadkhah. According to a statement by the OHCHR, Dadkhah has been sentenced to nine years in prison for "membership of an association seeking to overthrow the government and propaganda against the system." In addition to his prison sentence, Dadkhah has also received a 10-year ban on legal practice and teaching. Ali Akbar Javanfekr, who had been the press adviser to President Mahmoud Ahmadinejad, was also arrested last month for having "insulted" the Supreme Leader Sayyid Ali Khamenei.
UK court approves extradition of terror suspects
The High Court of England and Wales on Oct. 5 approved the extradition of five terror suspects to the US. The court's decision comes a week after the European Court of Human Rights (ECHR) gave its final approval of the extradition, which it had initially approved in April. Egyptian-born Muslim cleric Abu Hamza al-Masri and four other suspects appealed that ruling in July, but the ECHR declined to revisit their arguments. In its decision, the court criticized the extensive time spent litigating the extradition. In addition to al-Masri, British citizens Syed Talha Ahsan and Babar Ahmad and Saudi-born Khaled Al-Fawwaz are now slated to be extradited. All five men are wanted in the US on terrorism charges and will face imprisonment without parole at ADX Florence, a super-maximum security prison in Colorado. It has not been announced when the group will be extradited nor when they will be tried in the US.
UK court allows Kenya ex-prisoners to sue for colonial-era torture
The Queen's Bench Division on the High Court of England and Wales ruled Oct. 5 that three elderly Kenyans can sue the British government for torture they suffered while in detention under the British colonial administration in the 1950s. Judge Richard McCombe ruled that the three Kenyans could claim damages against the British government for the harm they sustained at the hands of their captors during the Mau Mau uprising. The three claimants, who were not in court to hear the ruling, seek apologies from Britain and reparations in the form of welfare benefit funding for other Kenyan victims of colonial torture.
Cambodia: rights activist sentenced to 20 years
A prominent Cambodian radio broadcaster and rights activist was sentenced to 20 years imprisonment on Oct. 1 after being convicted of insurrection and inciting rebellion against the state. Mam Sonando, 71, runs the independent Beehive radio station and has been an outspoken critic of the Cambodian government. He was arrested in July on accusations of being involved in a plot to incite villagers in eastern Kratie to rebel against the Cambodian government in an effort to establish an autonomous region in the province. The court held that Sonando had been instrumental in inciting villagers in May to form their own state in the eastern province. An additional 13 people were convicted on similar indictments. Rights groups have denounced the charges and Sonando's supporters say he is being persecuted for criticizing the government. Several hundred people assembled outside the court in support of the rights activist as his sentence was being handed down. The Phnom Penh court also fined Sonando 10 million riel ($2,500). His wife has indicated that he plans to appeal the sentence.

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