Jurist
Supreme Court blocks enforcement of Montana campaign spending law
The US Supreme Court on Feb. 17 blocked enforcement of a Montana Supreme Court ruling, which upheld a state law limiting the amount of money corporations can spend on campaigns, until it can consider an appeal from the corporations challenging the law. The Montana court ruling in Western Tradition Partnership, Inc. v. Montana appears to conflict with the 2010 US Supreme Court ruling in Citizens United v. Federal Election Commission , which struck down a regulation that prohibited corporations and unions from using their general treasury funds for "electioneering communications" aimed at supporting or opposing a political candidate. The 1912 Corrupt Practices Act upheld by the Montana Supreme Court prohibits the same activity. The plaintiffs will now have to apply for a writ of certiorari to have the case heard by the Court. If cert is granted, this case is likely to play out as an attempt to narrow the scope of, or overrule Citizens United.
UN General Assembly passes resolution condemning Syria violence
The UN General Assembly voted on Feb. 16 to condemn Syria through a non-binding resolution. The resolution supports a plan advanced by the Arab League that aims to bring the situation in Syria to a close as quickly as possible by encouraging President Bashar al-Assad to step down. There were 12 votes against the resolution including Russia, China, Iran and Bolivia.
Ecuador journalist seeks asylum from libel suit
Carlos Pérez, one of four El Universo managers convicted of libel against Ecuadoran President Rafael Correa, was granted asylum by Panama on Feb. 17. El Universo is the second largest newspaper in Ecuador. Two of the four men, Cesar and Nicolas Pérez, have already fled to Miami. The announcement that Carlos Pérez had been granted asylum came after Ecuador's National Court of Justice upheld the conviction against the four El Universo managers. The men were sentenced to three years in prison each and fined $40 million in total. Correa indicated that he was surprised that Panama granted the men asylum because, in his view, they were common criminals and not persecuted political activists. He also stated that he was considering pardoning the men. El Universo officials stated they will bring an appeal to the Inter-American Commission on Human Rights to fight the verdict.
HRW calls for reduction of Latin America prison population
Human Rights Watch on Feb. 16 called for the reduction of overcrowding to improve poor prison conditions in Latin America following a prison fire in Honduras. The fire occurred two days earlier and killed more than 300 inmates while injuring dozens more. According to HRW, Honduras prisoners suffer overcrowding which leads to poor prison conditions including inadequate nutrition and sanitation, as well as the tragic result earlier this week. Americas Director at HRW, Jose Miguel Vivanco, stated, "The tragic deaths of hundreds of inmates, one of the worst incidents of its kind in the region, are ultimately the result of overcrowding and poor prison conditions, two longstanding problems in Honduras." According to local press, Honduras has 24 prisons with a total capacity of 8,000. These prisons currently hold 13,000 prisoners, well over capacity.
Libya leaders abusing, torturing Qaddafi supporters: Amnesty International
Amnesty International on Feb. 16 released a report ("Militias Threaten Hope for New Libya") accusing the ruling National Transitional Council (NTC) in Libya of allowing the abuse and torture of supporters of former leader Moammar Qaddafi by unofficial militias. In the report, AI alleges that supporters of Qaddafi are being unlawfully detained, tortured and even killed by militias that the NTC has failed to control. The report was compiled by AI representatives who traveled to Libya in January and February and visited 11 facilities used to detain suspected Qaddafi loyalists. AI reported that 12 detainees have been killed while in the custody of these militias and described some of the abuse:
Indonesia: trial begins for Bali nightclub bombing suspect
The first trial of alleged Indonesia bomber Umar Patek began Feb. 13 in the West Jakarta District Court over his role in several terrorist plots including the Jakarta church bombings in 2000 and the 2002 Bali nightclub bombing. Patek was arrested in Abbottabad, Pakistan, in 2011, just a few weeks before US special forces killed Osama bin Laden in the same town. If convicted Patek could face life imprisonment or a death sentence. Patek is not facing "terrorism" charges under Indonesia law, since the terrorism law came into effect in 2003 after both bombings and cannot be applied retrospectively. Patek is believed to be a member of the alleged al-Qaeda-linked organization Jemaah Islamiyah, which claimed responsibility for the Bali nightclub bombings. His trial is expected to last months.
UN concerned over prosecution of Spanish judge Baltasar Garzon
The UN Office of the High Commissioner for Human Rights (OHCHR) on Feb. 10 expressed its concern over the trial of Spanish Judge Baltasar Garzon, which involves his investigations of acts that occurred during the Spanish Civil War and subsequent dictatorship of Gen. Francisco Franco. OHCHR spokesperson Rupert Colville indicated that judges should not be criminally charged for investigations performed within the scope of their judicial duties. Colville stated, "judges should not be subject to criminal prosecution for doing their job...Spain is obliged under international law to investigate past serious human rights violations, including those committed during the Franco regime, and to prosecute and punish those responsible."
UN rights office calls for ICC trial for Syria officials
The UN Office of the High Commissioner for Human Rights (OHCHR) on Feb. 10 reiterated its call for international action to protect civilians in Syria, calling for Syrian officials suspected of crimes against humanity to be tried before the International Criminal Court (ICC). High Commissioner Navi Pillay is now scheduled to address the UN General Assembly next week regarding the latest humanitarian developments in Syria, where the ongoing uprising challenging the autocratic rule of President Bashar Assad has resulted in a bloody government crackdown that has seen more than 5,000 people killed since March. Reports of increased violence in recent days prompted Pillay earlier this week to urge international intervention on behalf of the Syrian people.
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