Author: Hillary Stemple

[JURIST] The Spanish National Court on Friday convicted [judgment, PDF; in Spanish] three members of the Basque separatist group ETA [GlobalSecurity backgrounder; JURIST news archive] on charges relating to a 2006 bombing in Madrid. Mattin Sarasola, Igor Portu, and Mikel San Sebastian were found guilty of murder, attempted murder, and taking part in a terrorist attack and were each sentenced to 1,040 years in prison. The men were also ordered to pay 1.2 mil euro (USD $1.48 mil) in damages to the families of their victims. The lengthy sentence is largely symbolic as Spain imposes a 40-year limitation on prison sentences for terrorism convictions. The 2006 Madrid bombing ended a ceasefire [AP report] that had been declared by ETA. ETA is listed as a banned terrorist group by the European Union and has been held responsible for more than 800 deaths over the past 40 years.

The Spanish government continues to actively pursue charges against ETA. In March, the court accused [JURIST report] the Venezuelan government of aiding ETA in a plot to assassinate members of the Colombian government in Spain. In February, the Interior Ministry of Spain [official website, in Spanish] said that it took into custody the suspected ETA leader [JURIST report], along with two other people who are believed to be senior members of the group. In January, Spanish Judge Fernando Grande-Marlaska ruled [JURIST report] that ETA had tried three times to assassinate former Spanish prime minister Jose Maria Aznar in 2001 but had failed. Last June, the European Court of Human Rights (ECHR) [official website] upheld [JURIST report] Spain’s ban of Basque political groups Batasuna and Herri Batasuna for their alleged ties to ETA.

[JURIST] A German court on Thursday denied a motion to dismiss charges against alleged Nazi war criminal John Demjanjuk [NNDB profile, JURIST news archive]. In a series of motions, Demjanjuk’s lawyer asserted that the charges should be dismissed due to lack of credible evidence. The court rejected the argument, saying they found the evidence against Demjanjuk to be strong. The court did, however, indicate that they wanted to hear evidence from additional sources [AP report] before deciding on the credibility of witness statements already presented. Demjanjuk’s trial marks the first time a Nazi war crimes trial is focusing on a low-ranking foreigner rather than a commander. The Ukrainian-born Demjanjuk faces 27,900 accessory accounts stemming from his alleged involvement as a guard at Sobibor [Death Camps backgrounder] concentration camp. It is alleged that he volunteered to work at Sobibor [Abendzeitung report, in German] after being captured by German forces while serving as a member of the Soviet army. Multiple appeals were filed in regards to Demjanjuk’s health, but he was found fit to stand trial and his appeals were rejected [JURIST reports] in October. Demjanjuk’s trial began [JURIST report] in November, but the hearings have been limited to no more than two-90 minute sessions per day in deference to his health. The trial has been on hold for three days as Demjanjuk recieved medical treatment for chest pains.

The Holocaust continues to affect today’s legal world. On Tuesday, the US Department of Justice [official website] announced that the Philadelphia Immigration Court [official website] had ordered the deportation [JURIST report] of former SS guard Anton Geiser to Austria for serving as an armed guard at the Sachsenhausen and the Buchenwald concentration camps during World War II. Last month, the Regensburg District Court in southern Germany convicted British Bishop Richard Williamson [JURIST report] of incitement for denying the Holocaust and ordered him to pay a 10,000 euro fine. In March, a German court sentenced [JURIST report] former Nazi SS member Heinrich Boere to life in prison for the 1944 murders of three Dutch civilians. In August, a German district court sentenced [JURIST report] former Nazi army officer Josef Scheungraber to life in prison for the 1944 reprisal killing of 10 Italian civilians. Scheungraber was convicted on 10 counts of murder and one count of attempted murder for ordering soldiers to blow up a barn in Falzano di Cortona, Tuscany, after forcing 11 civilians inside.

[JURIST] The US Senate [official website] on Thursday passed the Restoring American Financial Stability Act of 2010 [S 3217 materials], focused on increasing regulation in the financial sector following the recent economic crisis [JURIST news archive]. The bill creates a new regulatory council to monitor financial institutions in order to prevent the companies from becoming “too big to fail.” It also gives the Federal Reserve [official website] the power to supervise the largest financial companies and report to the government any risks the firms may pose to the economy at large. Additionally, a new consumer protection division will be established within the Federal Reserve to enforce rules against certain business practices like abusive mortgage lending and some credit card practices. As a final protection against future bailouts, the government will have the ability to seize and liquidate failing financial institutions before their collapse can have an adverse affect on the entire economy. US President Barack Obama [official website] praised the reform [press release], stating, “[o]ur goal is not to punish the banks, but to protect the larger economy and the American people from the kind of upheavals that we’ve seen in the past few years. And today’s action was a major step forward in achieving that goal.” Opponents of the bill, however, expressed concern that its passage will stifle the economy. Senator Judd Gregg (R-NH) [official website] stated [press release], “[i]n its current form, the bill will do considerable damage to our competitiveness as a nation, not to mention harming job growth and our economic recovery.” The Senate bill has to be reconciled with the bill passed last December [JURIST report] by the US House of Representatives [official website] before Obama can sign it into law.

Thursday’s passage of the bill marks the end to a long struggle in the Senate over financial reform. The Senate Banking Committee [official website] proposed a bill [text, PDF; JURIST report] in 2009 that was met with resistance and resulted in the committee’s development of the current bill. One provision in the bill that has been the source of much debate is the creation of a consumer protection agency. The US House Financial Services Committee [official website] had approved a bill to create the agency in October, after originally delaying [JURIST reports] it at the behest of financial industry leaders in July. The creation of the agency is a key step in achieving the Obama administration’s stated goal of tightening financial industry regulations. Last June, the administration proposed a broad series of regulatory reforms [press release; JURIST report] aimed at restoring confidence in the US financial system.

[JURIST] A petition was filed in a Pakistani court Wednesday challenging the pardon [JURIST report] of Interior Minister Rehman Malik [official profile] by President Asif Ali Zardari [official website]. The challenge alleges that under Article 45 of the Pakistan Constitution [text], presidential pardons can only be sought after all other legal remedies have been exhausted. Zardari issued the pardon on Tuesday after the Lahore High Court refused to throw out Malik’s 2004 conviction. Malik was not present in Pakistan when he was convicted and sentenced to serve three years in prison. Last December, a Pakistani court issued an arrest warrant [JURIST report] for Malik related to the corruption charges after the Supreme Court [official website] struck down an amnesty order [JURIST report] that would have granted him immunity. The Supreme Court ruled [order, PDF] that the National Reconciliation Ordinance (NRO) [text], which granted immunity to Zardari and 8,000 other government officials, was unconstitutional.

The court began hearing [JURIST report] the legal challenge to the NRO late last year. The NRO was signed [JURIST report] by former Pakistani president Pervez Musharraf [BBC profile; JURIST news archive] in 2007 as part of a power-sharing accord allowing former Pakistani prime minister Benazir Bhutto [BBC profile] to return to the country despite corruption charges [JURIST report] she had faced. The ordinance also applies to similar charges against politicians who were charged but not convicted of corruption between 1988 and 1999.

[JURIST] A member of the newly formed UK coalition government indicated Thursday that the extradition of alleged hacker Gary McKinnon [BBC profile; advocacy website] to the US will be delayed. Home Secretary Theresa May [official profile] considered an adjournment request from McKinnon’s legal team and agreed to delay [press release] a scheduled judicial review in order to determine if he is medically fit for extradition. McKinnon was arrested by British police in 2002 and indicted [text, PDF] by US authorities later that year on charges of hacking NASA, Department of Defense, Air Force, Army, and Navy computers in violation of US computer laws [18 USC s. 1030 text]. The British government granted the 2005 US extradition request, but McKinnon’s lawyer appealed, alleging that US authorities had told McKinnon that if he did not plead guilty to the charges, he could be sentenced to life in prison since each of the seven counts against him is punishable by up to 10 years of imprisonment and a $250,000 fine [indictment press release]. McKinnon, who has Asperger’s syndrome, lost an appeal [JURIST report] to the UK High Court in London last July. May has indicated [Times Online report] she will carefully consider the UK’s extradition treaty with the US as well as McKinnon’s medical history before she determines if the extradition order should stand.

The UK’s new coalition government has shown a willingness to reexamine existing legislation. On Tuesday, the government announced they will review [JURIST report] the country’s Human Rights Act [BBC backgrounder] after two Pakistani terror suspects successfully avoided deportation by the Special Immigration Appeals Commission [official website] due to concerns for their safety. The Human Rights Act has been a point of contention between liberal and conservative groups in the UK. In 2006, then-prime minister Tony Blair called for an amendment to the act to allow the government greater discretion to protect public safety, while conservative leaders called for the act to be repealed [JURIST reports]. Human Rights Watch [advocacy website] urged the new UK government to continue its support of the act last week in addition to a request for the government to set up a judiciary inquiry [JURIST report] on torture [JURIST news archive] allegations. The rights group claimed that allegations of complicity in the torture of terrorism suspects have badly damaged the nation’s reputation and that steps need to be taken to restore the nation’s reputation as “a nation that respects human rights.”

[JURIST] The Legislative Council of the Parliament of New South Wales [official website] on Thursday voted 26-3 to end further debate [minutes, PDF] on a bill to ban the wearing of the burqa [JURIST news archive] and other face veils in public. The bill [materials], proposed by Christian Democrat Fred Nile [official profile], would have banned the wearing of the burqa in Australia’s most populous state. Nile insisted the bill was aimed at protecting [AAP report] women’s rights and improving security. Opponents, however, contended the bill would stigmatize Muslims and argued that the issue is not one of great importance. The bill’s introduction came after a national debate on the issue following comments made by a conservative national senator [AFP report] calling for a national ban on the burqa.

Many jurisdictions are currently considering legislation that would ban the burqa. On Wednesday, the French Cabinet approved legislation [JURIST report] that would ban the wearing of the burqa or other face veils in public. On Tuesday, hearings began [CBC report] in Quebec’s legislature on a bill introduced in March that would ban women from wearing full face veils from public services. Earlier this month, European Parliament [official website] Vice President Silvana Koch-Mehrin [official website, in German] expressed her support for a continent-wide burqa ban [JURIST report]. In April, the Belgian House of Representatives voted 136-0 to approve [JURIST report] a bill that would ban the burqa and other full face veils in public.

[JURIST] The Congressional International Anti-Piracy Caucus [official website] on Wednesday released the 2010 International Piracy Watch List [text, PDF] naming China, Russia, Canada, Spain, and Mexico as the worst countries for protecting copyrighted information. The bipartisan caucus also released a list of the top websites hosted overseas [text, PDF] providing unauthorized access to copyrighted material. The report stressed the risk posed to the US economy [press release, PDF] when intellectual property is not protected. Committee co-chair, Senator Sheldon Whitehouse (D-RI) [official website], stated:

International piracy of American intellectual property weakens a segment of our economy that long has supported innovation and great American jobs. Congress must work on a bipartisan basis to protect the creative industries and the jobs they support. The United States has been on the losing end of the largest theft of intellectual property in history. This must be stopped, and soon.

The report also lists specific steps each country needs to take to ensure protection of intellectual property including increasing liability under the laws of the individual countries and implementing effective border measures to protect against illegal international distribution of copyrighted materials.

Earlier this month, the Office of the US Trade Representative (USTR) [official website] placed Russia, China, and Canada [JURIST report] on its Priority Watch List [text, PDF] of 12 countries that are not adequately protecting intellectual property rights [press release]. In March, the Canadian government pledged to strengthen copyright laws [JURIST report]. Last year, the USTR placed Canada on its priority watch list [JURIST report] for the first time. In January 2009, a dispute settlement panel of the World Trade Organization (WTO) [official website] found for the US [JURIST report] that large parts of China’s intellectual property scheme are inconsistent with its obligations under several international treaties, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) [text].

[JURIST] The government of Thailand on Wednesday imposed a curfew on Bangkok and other areas of the country in response to violence that erupted when the leader of the United Front for Democracy Against Dictatorship [party website, in Thai], also known as the red shirts [BBC backgrounder], announced an end to the two-month long conflict in Bangkok [JURIST news archive] and surrendered to police. Members of the red shirts, known for supporting ousted [JURIST report] prime minister Thaksin Shinawatra [BBC profile; JURIST news archive], refused to accept the end of the demonstrations and began rioting [Al Jazeera report] and setting fire to parts of Bangkok. Citizens of the areas affected by the curfew have been ordered to stay inside to ensure their own safety. The Thai military is expected to work through the night to try and reestablish order in the city.

The UN High Commissioner for Human Rights [official website] Navi Pillay [official profile] on Monday urged both the Thai government and anti-government protesters to seek a peaceful resolution [press release; JURIST report] to the current conflict. Last week, a Thai court sentenced 27 red shirt protesters [JURIST report] to six months in prison. Last month, Thailand’s pro-government People’s Alliance for Democracy Network [party website, in Thai; BBC backgrounder], known as yellow shirts, called for a declaration of martial law [JURIST report] to quell the anti-government movement spearheaded by the red shirts. Earlier in April, Thai Prime Minister Abhisit Vejjajiva announced that he was prepared to negotiate [JURIST report] with red shirt protesters once they cease their illegal conduct. Because of the mounting violence, Abhisit has imposed a state of emergency [JURIST report] in Bangkok and neighboring provinces.

[JURIST] Former Russian oil executive Mikhail Khodorkovsky [defense website; JURIST news archive] on Wednesday ended his two-day hunger strike after a spokesperson for Russian President Dmitry Medvedev [official website] indicated that Medvedev was familiar with a complaint Khodorkovsky made regarding the three-month extension of his detention. On Monday, Khodorkovsky sent an open letter to Russia’s Supreme Court [official website, in Russian] contending that Russian courts are ignoring recent changes in the law that allow people charged with economic crimes to be released on bail pending the outcome of their trials. Khodorkovsky indicated the goal of his hunger strike had been achieved [press release], stating:

In a situation when it is officially declared that President Medvedev is informed about the essence of the problem, I do not consider it necessary to insist on the form of discussion within government structures. I am convinced that now the position of Chairman of the Supreme Court, which he promised to inform to the public, as well as court decisions in particular cases, will reflects position of President of the Russian Federation as the author of the bill – the guarantor of rights and freedom of citizens of Russia.

He also indicated his hunger strike was to change the judicial system going forward and not his current situation.

Khodorkovsky and his business partner Platon Lebedev [defense website] are currently serving eight-year prison sentences after being convicted [JURIST report] in 2005 on fraud and tax evasion charges stemming from an attempt to embezzle and strip their Yukos [JURIST news archive] oil company of valuable assets. They are now charged with embezzling [JURIST report] USD $25 billion worth of oil produced by Yukos. The men have pleaded not guilty [JURIST report] to the current charges, and face up to 20 additional years in prison if convicted. Khodorkovsky has previously criticized the Russian legal system, questioning the fairness of trials and expressing the need for widespread reform of the Russian court system [JURIST reports].

[JURIST] US President Barack Obama [official website] on Wednesday reaffirmed his commitment to comprehensive federal immigration reform, calling the recently passed Arizona immigration law [SB 1070 materials; JURIST news archive] “misguided.” Obama held a joint press conference with Mexican President Filipe Calderon [official website, in Spanish] where he expressed concern [remarks] that the law could be applied in a discriminatory fashion and indicated the US Department of Justice (DOJ) [official website] is considering bringing legal action to prevent enforcement of the law. Calderon condemned the Arizona bill but also indicated [remarks] that both countries must work together in order to develop a comprehensive approach to immigration that will benefit the entire region. Obama’s stance on the Arizona law reflects his administration’s immigration policy [official website] that aims “to bring people out of the shadows.”

The Arizona bill, signed into law [JURIST report] in April by Governor Jan Brewer, has caused intense controversy. Proponents of the law argue that it will discourage illegal immigration, while opponents contend it will lead to discriminatory police practices based on race. On Monday, the American Civil Liberties Union (ACLU) [advocacy website] filed a lawsuit [JURIST report] seeking an injunction against implementation of the law. That lawsuit joined two others filed last month [JURIST report] questioning the constitutionality of the law. Earlier this month, a group of UN human rights experts indicated the measure may violate international standards [JURIST report] that are binding on the US.

[JURIST] The French Cabinet on Wednesday approved legislation [materials, in French] that would make it illegal to wear the Islamic burqa [JURIST news archive] or other full face veils in public. Under the bill, women who wear the veil can be required by police to show their face, and, if they refuse, they can be forced to attend citizenship classes or be charged a USD $185 fine. The proposed legislation would also make it a crime [Al Jazeera report] to force a woman to cover her face, with a penalty of one year in prison and a fine of USD $18,555. French President Nicholas Sarkozy [official website, in French] indicated he was pleased with the bill [press release, in French] and that its passage is an important step toward insuring the fundamental value of human dignity, but the proposed legislation has also been met with criticism. Amnesty International [advocacy website] has called on French lawmakers to reject the ban [press release], saying would violate freedom of expression. Others have indicated they will challenge [AP report] the constitutionality of the ban [JURIST report] if the bill becomes law. The legislation is scheduled to be voted on by the National Assembly in July and the Senate [official websites, in French] in September.

Many jurisdictions are currently considering legislation that would ban the burqa. On Tuesday, hearings began [CBC report] in Quebec’s legislature on a bill introduced in March that would ban women from wearing full face veils from public services. The proposed legislation garnered support from members of the Muslim Canadian Congress [advocacy website] who argue that the law would not violate human rights [JURIST comment] and would promote the ideals of a free and democratic society. Earlier this month, European Parliament [official website] Vice President Silvana Koch-Mehrin [official website, in German] expressed her support for a continent-wide burqa ban [JURIST report]. In April, the Belgian House of Representatives voted 136-0 to approve [JURIST report] a bill that would ban the burqa and other full face veils in public. The proposed legislation [materials, in French] applies to areas “accessible to the public” or areas meant for “public use or to provide public services.” Violators could face a penalty of up to seven days in jail or a fine of 15 to 25 euros. The measure must now go before the Senate.

[JURIST] The judiciary oversight committee of the Spanish General Council of the Judiciary (CGPJ) [official website, in Spanish] on Tuesday approved a request [text, PDF; in Spanish] by judge Baltasar Garzon [BBC profile; JURIST news archive] allowing him to work with the International Criminal Court (ICC) [official website]. Garzon was suspended last week [JURIST report] by the CGPJ for abusing his power by opening an investigation into war crimes allegedly committed under Francisco Franco [BBC backgrounder] during the Spanish Civil War [LOC backgrounder]. The ICC confirmed earlier this month [press release] that they had asked Garzon to work for them as a consultant for a period of seven months in order to improve their investigative methods. The CGPJ granted Garzon’s request for leave indicating there was no legal reason preventing him from working as a consultant with the ICC. Garzon still faces trial in Spain where he has been formally charged [JURIST report] with abusing his power although no trial date [AFP report] has been set. If convicted, Garzon could face a suspension of up to 20 years.

Thousands gathered [JURIST report] in cities across Spain last month in support of Garzon, chanting slogans and displaying flags of the pre-war Republican government ousted by Franco. The Spanish Supreme Court [official website, in Spanish] charged [order, PDF; in Spanish] Garzon with abuse of power based on his 2008 ordered exhumation [JURIST report] of 19 mass graves in Spain. The purpose of the order was to assemble a definitive national registry of Civil War victims, despite a 1977 law granting amnesty for political crimes committed under Franco. Garzon appealed [JURIST report] the charges, alleging that the indictment issued by Spanish Supreme Court judge Luciano Varela was politically motivated [AFP report], compromised judicial independence, and sought to impose a specific interpretation of the 1977 law. Garzon is widely known for using universal jurisdiction extensively in the past to bring several high-profile rights cases, including those against Osama bin Laden and former Chilean dictator Augusto Pinochet [JURIST news archives].

[JURIST] A Somali man charged with piracy [JURIST news archive] pleaded guilty Tuesday to charges of hijacking, kidnapping, and hostage taking related to last April’s attack on the US container ship Maersk Alabama [GlobalSecurity backgrounder]. Abdiwali Abdiqadir Muse was originally charged [complaint, PDF; JURIST report] with five counts relating to the pirate attack on the Alabama, including committing an act of piracy as defined by the law of nations, conspiracy to seize a ship by force, conspiracy to take hostages, and two counts relating to the use of a firearm during commission of a crime. As part of a plea agreement, the prosecution agreed to drop the charges of piracy against Muse in exchange for his guilty plea and a sentence of 27 to 33 years in prison. Muse agreed not to challenge the sentence, and he apologized [Reuters report] for his actions, claiming the act of piracy happened because of the current situation in Somalia. Somali officials have criticized [BBC report] the US for exercising jurisdiction over Muse and other pirate suspects [JURIST report], insisting that piracy prosecutions should be conducted by an international tribunal. They have also asked that Somali pirate suspects be returned to Somalia, which lacks a functioning central government to address the piracy problem. Muse is scheduled to be sentenced on October 19.

Piracy remains an issue of international concern. On Monday, the executive director of the UN Office on Drugs and Crime (UNODC) [official website] opened a UN conference on international crime by warning [JURIST report] about the inadequacies of the current international system in dealing with crimes like piracy. Earlier this month, the UNODC announced [JURIST report] that Seychelles will create a UN-supported center to prosecute suspected pirates. Last month, the UN Security Council unanimously approved [JURIST report] a resolution calling on member states to criminalize piracy under their domestic laws and urging Secretary-General Ban Ki-moon [official website] to consider an international tribunal for prosecuting piracy. The Security Council resolution came the same week the UN announced that a trust fund established to combat piracy will be funding five projects [UN News Centre report] aimed at piracy committed in the waters around Somalia.

[JURIST] A federal judge on Tuesday ordered the release of three individuals accused of crimes committed as part of the “Christian warrior” militia called Hutaree [militia website; CNN backgrounder]. Judge Victoria Roberts of the US District Court for the Eastern District of Michigan [official website] ordered the release of the suspects, two men and one woman, after federal prosecutors withdrew their objections. Roberts originally granted bail [JURIST report] to all nine militia suspects, but the US Court of Appeals for the Sixth Circuit [official website] granted an emergency stay [JURIST report] blocking their release. The appeal on the release of the other six members is still pending. The nine members have been indicted [JURIST report] on charges of seditious conspiracy, attempted use of weapons of mass destruction, teaching the use of explosive materials, and possessing a firearm during a crime of violence in connection with a plan to kill Michigan law enforcement officers. The suspects being released will be monitored electronically and their freedom of movement will be severely restricted.

Militia groups such as the Hutaree are reportedly on the rise in the US. A recent report by the Simon Wiesenthal Center [advocacy website] suggests that a lack of regulation on the Internet [JURIST report] is fueling this increased prevalence. A report by the Southern Poverty Law Center (SPLC) [advocacy website; JURIST comment], released last year, noted that these groups are making a comeback [JURIST report] after declining in number for several years. The SPLC said that such groups are generally anti-tax, anti-immigration, and increasingly racially motivated since the election of the country’s first African-American president, Barack Obama. The SPLC also warned that these groups could soon pose a security risk to the country, quoting one official as saying “[a]ll it’s lacking is a spark. I think it’s only a matter of time before you see threats and violence.”

[JURIST] Pakistani President Asif Ali Zardari [official website] on Tuesday pardoned Interior Minister Rehman Malik [official profile], convicted on corruption charges in 2004. Zardari issued the pardon after the Lahore High Court refused to throw out Malik’s 2004 conviction. Malik was not present in Pakistan when he was convicted and sentenced to serve three years in prison. Last December, a Pakistani court issued an arrest warrant [JURIST report] for Malik related to the corruption charges after the Supreme Court [official website] struck down an amnesty order [JURIST report] that would have granted him immunity. The Supreme Court ruled [order, PDF] that the National Reconciliation Ordinance (NRO) [text], which granted immunity to Zardari and 8,000 other government officials, was unconstitutional. Zardari’s pardon of Malik is seen as an example of the tension [BBC report] existing between the executive and judicial branches within Pakistan.

The court began hearing [JURIST report] the legal challenge to the NRO late last year. The NRO was signed [JURIST report] by former Pakistani president Pervez Musharraf [BBC profile; JURIST news archive] in 2007 as part of a power-sharing accord allowing former Pakistani prime minister Benazir Bhutto [BBC profile] to return to the country despite corruption charges [JURIST report] she had faced. The ordinance also applies to similar charges against politicians who were charged but not convicted of corruption between 1988 and 1999.

[JURIST] A Chinese court on Tuesday convicted Huang Guangyu, formerly China’s richest man [Hurun report], of illegal business dealings, insider trading, and corporate bribery. Huang was previously the chairman of Pengrun Investments and founder of subsidiary GOME Electrical Appliances [corporate website], both publicly traded on the Shanghai and Hong Kong stock exchanges. The court sentenced Huang to 14 years in prison, fined him 600 million yuan (88.23 million USD), and ordered him to turn over valuable assets. Huang was charged [JURIST report] in February by the Supreme People’s Procuratorate [official website, in Chinese], almost 15 months after he was initially placed under detention. His case has been the subject of intense media coverage in China involving allegations of bribery [Xinhua reports] to high-level Shanghai police among others.

Huang’s conviction is part of a wider campaign in China to crack down on corruption, which is seen by many as a threat [CE report] to China’s future stability. On Monday, an appeals court upheld the conviction [JURIST report] of three mining employees for stealing commercial secrets. In February, the president of the Supreme People’s Court (SPC) [official website, in Chinese] called for increased efforts [JURIST report] to fight corruption among the judiciary. The president’s statement came just two weeks after former SPC vice president Huang Songyou was convicted [JURIST report] on bribery and embezzlement charges. In January, the Communist Party of China [GlobalSecurity backgrounder] announced [JURIST report] increased oversight of the families of government officials to control corruption.

[JURIST] Executive Director of the UN Office on Drugs and Crime (UNODC) [official website] Antonio Maria Costa on Monday opened a UN conference on international crime prevention by warning of the inadequacies of the current international crime control system. Costa indicated that organized crime is gaining economic strength [press release] and that countries must find ways to disrupt the international criminal market. In particular, Costa warned about the inadequacies of dealing with new threats against the environment, identity theft, and Internet crimes as well as the traditional threats of piracy, kidnapping, and slavery. Members of the conference were also urged to utilize the UN Convention against Transnational Organized Crime [materials] protocol adopted in 2000 as an important mechanism in crime prevention.

Costa’s statements come two months after the EU released a report [JURIST report] detailing organized crime in Bulgaria and Romania and the steps the countries must take to gain full rights under the EU. That assessment echoed statements made in previous progress reports [materials; JURIST report]. In January 2007, Bulgaria and Romania officially joined the EU [JURIST report] following six years of accession negotiations. Both countries have been required to comply with a series of benchmarks; failing to do so could result in EU intervention and the potential loss of economic aid under Articles 36-38 of the Act of Accession [text], which lays out safeguard mechanisms [EC backgrounder] in the event of problems posing a threat to the functioning of the EU.

[JURIST] Portuguese President Anibal Cavaco Silva [official website, in Portuguese] on Monday signed a bill that legalizes same-sex marriage [JURIST news archive] but stops short of allowing same-sex couples to adopt. The bill was approved [JURIST report] by the Portuguese Parliament [official website, in Portuguese] in January and found to be constitutional [text, in Portuguese] by the Constitutional Court [official website, in Portuguese] last month. Silva indicated he was unhappy with the manner in which the bill was passed but that he was signing the law so parliament could move on to other matters. He also indicated that he could have chosen to veto the bill, stating [press release, in Portuguese]:

The Parliamentary bill which allows marriage between persons of the same gender was submitted by me to the Constitutional Court for preventive investigation, and considered by this body as not unconstitutional. This, however, would not prevent the possibility of the President of the Republic using the vetoing power conferred upon him by the Constitution and return it to Parliament. However, regard should be given to the practical effects of such a decision and take into due account the superior national interest, in the face of the dramatic situation of the Country. As such, I believe that I should not contribute towards the unnecessary dragging out of this debate, which would only accentuate divisions among the Portuguese and stray the attention of politicians from the resolution of the issues which so grievously affect people’s lives.

Same-sex marriage is now recognized by six countries in Europe including Belgium, the Netherlands, Spain, Sweden, and Norway [JURIST reports], while several other countries including the UK, France, and Germany recognize civil unions between same-sex partners.

Many countries are currently debating the issue of same-sex marriage, with varying results. Earlier this month, Argentina’s lower house approved a bill [JURIST report] that would legalize same-sex marriage and allow same-sex couples to adopt. Last month, Italy’s Constitutional Court rejected a challenge [JURIST report] to the constitutionality of the country’s ban on same-sex marriage. In the US, individual states determine marital rights for same-sex couples. Same-sex marriage is currently legal in Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, and Washington DC [JURIST reports]. Same-sex civil unions are currently recognized in Washington, New Jersey, Oregon, and Nevada [JURIST reports].

[JURIST] US President Barack Obama [official profile] on Monday signed into law the Daniel Pearl Freedom of the Press Act [HR 3714 materials], aimed at promoting worldwide press freedom and drawing attention to countries where journalists are threatened, harmed, or censored. The law requires the secretary of state to submit an annual report to Congress detailing a description of the freedom of the press in each country, identifying countries where there have been violations of press freedom, and how the governments of the countries violating press freedom are responding to the violations. The law also establishes a grant program aimed at promoting press freedom. Critics of the law claim it takes no tangible steps toward promoting press freedom, but the co-sponsors of the bill indicated the law is a good first step, stating [press release]:

We hope this legislation will help the United States work with other nations to better protect [journalists] serving on the frontlines in the fight for greater accountability and transparency. Freedom of expression cannot exist where journalists are not safe from persecution and attack. Our government must promote freedom of the press by putting on center stage those countries in which journalists are killed, imprisoned, kidnapped, threatened, or censored.

The legislation is named after Wall Street Journal reporter Daniel Pearl [JURIST news archive] who was murdered after being abducted in Pakistan in 2002 while reporting on events following the 9/11 terrorist attacks on the US.

The US reports on press freedom will join those issued annually by Reporters Without Borders (RSF) [advocacy website] detailing the rankings of press freedom worldwide. In addition to their annual rankings, earlier this month, RSF issued a list of threats to press freedom [JURIST report]. Last month, the European Court of Human Rights (ECHR) [official website] ordered the government of Azerbaijan [JURIST report] to secure the immediate release of imprisoned Azeri journalist Eynulla Fatuallyev, who was jailed on what many international organizations claim are spurious charges. Also last month, many rights groups expressed concern [JURIST report] over a Fiji draft bill that would allow the government to sentence journalists to up to five years in prison for publishing controversial content and require them to reveal sources of information. In March, Amnesty International (AI) [advocacy website] urged the Cuban government [JURIST report] to allow more freedom of expression and release those jailed for criticizing the government.

[JURIST] The American Civil Liberties Union (ACLU) [advocacy website] on Monday filed a class action lawsuit [complaint, PDF; press release] in the US District Court for the District of Arizona [official website] seeking an injunction against the implementation of the recently passed Arizona immigration law [SB 1070 materials; JURIST news archive]. The ACLU is joined in the lawsuit by several other rights groups including the NAACP, the Asian Pacific American Legal Center (APALC), and the Mexican American Legal Defense and Education Fund (MALDEF) [advocacy websites] as well as several individual plaintiffs. The suit is challenging the constitutionality of the law, stating that it violates the Supremacy Clause of the Constitution [text] as well as the First, Fourth, and Fourteenth Amendments. The complaint specifically states:

It is an impermissible encroachment into an area of exclusive federal authority and will interfere and conflict with the comprehensive federal immigration system enacted by Congress and implemented through a complex web of federal regulations and policies. According to law enforcement officials in Arizona and elsewhere, SB 1070 will cause widespread racial profiling and will subject many persons of color including countless U.S. citizens, and non-citizens who have federal permission to remain in the United States to unlawful interrogations, searches, seizures and arrests.

In addition to seeking an injunction against implementation of the bill, the suit is requesting that the entire bill be declared unconstitutional.

Monday’s lawsuit joins two others filed [JURIST report] last month challenging the constitutionality of the Arizona law. The bill, signed into law [JURIST report] in April by Governor Jan Brewer, has caused intense controversy. Earlier this month, a group of UN human rights experts indicated the measure may violate international standards [JURIST report] that are binding on the US. Mexican President Felipe Calderon [official website, in Spanish] has strongly criticized [JURIST report] the new law, claiming that it opens the door to intolerance and hatred. US President Barack Obama also criticized the law [JURIST report], and called for federal immigration reform. Under the law, it is designated a crime to be in the country illegally, and immigrants unable to verify their legal status could be arrested and jailed for six months and fined $2,500.