Author: JURIST – Paper Chase

[JURIST] The US Supreme Court on Tuesday ruled 8-1 in United States v. Stevens that a federal law banning depictions of animal cruelty violates the First Amendment. The US Court of Appeals for the Third Circuit held that the law illegally restricts speech, overturning the conviction of Robert Stevens, who was prosecuted for selling videos depicting dog fights. In upholding the opinion below, Chief Justice John Roberts wrote for the court that the statute is, “substantially overbroad, and therefore invalid under the First Amendment.” Justice Samuel Alito filed a dissenting opinion. Instead of applying the doctrine of overbreadth, Alito, “would vacate the decision below and instruct the Court of Appeals on remand to decide whether the videos that respondent sold are constitutionally protected.”
The statute establishes a criminal penalty of up to five years in prison for anyone who knowingly “creates, sells, or possesses a depiction of animal cruelty,” if done “for commercial gain” in interstate or foreign commerce. It was originally intended to ban “crush videos,” which feature small animals being tortured and killed. Stevens was charged under the statute for selling videos of dog fights. Dogfighting is illegal in all 50 states and the District of Columbia.

[JURIST] The Arizona Senate approved a bill on Monday that would establish one of the strictest illegal immigration policies in the nation, requiring individuals suspected of being illegal immigrants to provide proof of their legal status. The bill proposes giving the police permission to determine the immigration status of any individual who arouses reasonable suspicion, criminalizing the hiring of illegal immigrants for day labor, and allowing citizens to sue the local government if they believe the policy is not being used properly. Proponents of the bill argue that the new law would decrease illegal immigration in the state, which borders Mexico. However, the bill has also been heavily criticized by Arizona Democrats, as well as immigrant rights groups who say the proposed measures could lead to racial profiling. Arizona Governor Jan Brewer (R) has five days to decide whether to veto or sign the bill into law.
A week after the Arizona House approved the bill, US Senators John McCain (R-AZ) and Jon Kyl (R-AZ) supported the bill and announced on Monday their proposal for additional federal controls on illegal immigration, such as an increased National Guard presence and a 700-mile-long fence along the Arizona-Mexico border. In 2008, Arizona voters defeated a ballot measure dealing with illegal immigrants. The initiative would have revoked the business licenses of employers that knowingly hire illegal immigrants and would have strengthened penalties for identity theft. More illegal immigrants enter the US through Arizona’s border than through any other state, and citizens have expressed frustration with the federal government’s failure to prevent illegal immigration.

[JURIST] Two Blackwater contractors working for the US Department of Defense will not face the death penalty for the alleged May 2009 shooting of two Afghans at an intersection in Kabul. Justin Cannon of Corpus Christi and Christopher Drotleff of Virginia Beach, were arrested in January and charged with 13 counts related to the shooting, including second-degree murder, attempted murder, and weapons charges. Federal prosecutors told a district court judge in a hearing on Monday that they will not seek the death penalty. However, if convicted, the men could still face life in prison. The men have pleaded not guilty, and maintain that they fired at the vehicle in self defense, as it sped toward them. The trial is set for September 14.
Last week, a federal grand jury indicted five former Blackwater executives on charges of weapons violations and lying to criminal investigators. In February, the Iraqi government ordered approximately 250 former Blackwater employees to leave Iraq. The government was reacting to a US federal court’s December decision to dismiss charges against five former Blackwater employees accused of killing 17 innocent Iraqi civilians in 2007 because information against the defendants was obtained unconstitutionally. Earlier that month, the New York Times reported that the US Department of Justice is investigating Blackwater, now known as Xe, to determine whether the company bribed the Iraqi government to allow Blackwater to continue operating in Iraq following the 2007 shootings. Blackwater ceased operations in Baghdad in May 2009 when its security contracts for the protection of US diplomats expired.

[JURIST] Milan judges presiding over the tax fraud trial of Italian Prime Minister Silvio Berlusconi suspended the trial Monday while consulting with a Constitutional Court on the legitimacy of a new law that Berlusconi has invoked to postpone criminal proceedings against him for 18 months. The case is the second to be suspended this month, with the corruption trial postponed last Friday. The law in question was passed in March and allows cabinet officials to postpone criminal proceedings against them for up to 18 months if the charges constitute a “legitimate impediment” to performing public duties. The judges are questioning whether the new law violates the Italian Constitution because it improperly creates a new faculty for cabinet members through a law rather than by constitutional amendment, and because it alters the equality of citizens under the law. Berlusconi maintains that the proceedings are politically motivated.
Earlier this month, Italian prosecutors sought to indict Berlusconi on additional fraud and embezzlement charges involving his media company Mediatrade, despite a new law granting the executive temporary immunity. In January, hundreds of Italy’s judges walked out of their courtrooms to protest the passage of a law that placed strict time limits on the trial and appeals process. The law was criticized for being tailored for Berlusconi’s benefit.

[JURIST] The Indonesian Constitutional Court voted 8-1 Monday to uphold a controversial anti-blasphemy law enacted in 1965 by the first Indonesian president. The court rejected the legal challenge raised by a coalition of human rights groups and social activists supporting the Wahid Organization, a civil organization that advocates for religious pluralism in Indonesia. Critics of the law, titled Presidential Decree for the Prevention of Blasphemy and the Desecration of Religions, argued that it is used to discriminate against minorities and violates freedom of religion. Eight of the judges found that the law is necessary to maintain public order and is respectful of the principle of religious freedom, called Pancasila in Indonesia. Dissenting judge Maria Farida, the first ever female member of the court, reasoned that the law should be revoked because it is at odds with the constitution since it only recognizes six religions and is used arbitrarily to suppress all other religions.
Blasphemy laws have been a controversial issue in several countries. Last month, the Irish Minister for Justice, Equality and Law Reform proposed a referendum to remove the criminal offense of blasphemy from the Irish Constitution. Blasphemy is a punishable offense under section 40 of the constitution, but the language of the text had been deemed too vague to hold any prosecutions. In February, a Pakistani government official said that the country would begin to revise its blasphemy laws later this year. Pakistan currently punishes blasphemy against Islam by death, but no one has yet been executed for the offense. Last year, the death sentence of Afghan journalism student Sayad Parwaz Kambaksh for blasphemy was reduced to 20 years’ imprisonment by an Afghan appeals court. Kambaksh was sentenced to death for distributing papers questioning gender roles under Islam. In 2008, the UK House of Lords voted to abolish the criminal offenses of blasphemy and blasphemous libel from the UK common law.

[JURIST] The US Supreme Court heard oral arguments Monday in two cases. In Christian Legal Society v. Martinez, the court heard arguments on whether a state law school may deny recognition to a religious student organization where the group requires its officers and voting members to agree with its core religious beliefs, thereby excluding gay students. The US Court of Appeals for the Ninth Circuit ruled in favor of the law school. Counsel for the petitioner argued that, ” public forum for speech must be open and inclusive, but participants in the forum are entitled to their own voice.” Counsel for the respondents argued that all organizations must abide by the school’s open membership policy. The justices appeared split along ideological lines, but much of their questioning focused on the facts of the case rather than the broader constitutional question.
In City of Ontario v. Quon, the court heard arguments on whether a special weapons and tactics (SWAT) team member has a reasonable expectation of privacy in text messages sent to and from his SWAT pager, where the police department has an official no-privacy policy, but a non-policymaking lieutenant announced an informal policy of allowing some personal use of the pagers. The Ninth Circuit ruled that the SWAT team member had a reasonable expectation of privacy and that a search of his text messages violated his Fourth Amendment rights. Counsel for the petitioners argued that, “nder the less restrictive constitutional standards applied when government acts as employer, as opposed to sovereign, there was no Fourth Amendment violation here.” Counsel for the US argued as amicus curiae on behalf of the city. Counsel for the respondents argued that, “he scope of the search was unreasonable.” Several of the justices appeared to side with the government employer, with Justice Steven Breyer saying, “I don’t see anything, quite honestly, unreasonable about.”

[JURIST] Kyrgyzstan’s provisional government on Monday announced a plan to institute democratic reforms, including a referendum on a new constitution. The plan seeks to move Kyrgyzstan toward a parliamentary republic with increased checks and balances and a reduction in the constitutional scope of presidential power. In order to increase the perceived legitimacy of the process, the government has stated it will invite UN officials to join Kyrgyzstan’s Central Election Committee. The pledge for reform follows an anti-government uprising earlier this month that forced president Kurmanbek Bakiyev from office and led to the formation of an interim government headed by former foreign minister Roza Otunbayeva. The interim government has taken a number of steps, including suspending the constitutional court because of the court’s perceived support for Bakiyev. It was also reported on Monday that Bakivey had fled Kazakhstan, where he had been hiding since his ouster.
On Sunday, the interim Kyrgyz government announced that Bakiyev will be tried for killings that took place during the uprising. Last week, the Kyrgyzstan Prosecutor General’s Office announced that Bakiyev’s son faces charges of abuse of power and misuse of state credit. UN Economic Commission for Europe (UNECE) Executive Director Jan Kubis stated Friday that Kyrgyzstan needs international support in order to continue democratic reforms. UN officials have also pointed to concerns over human rights in Kyrgyzstan. Earlier this month, UN Secretary General Ban Ki-Moon called on Kyrgyzstan to show “tolerance for diversity and media freedom.” Kyrgyzstan’s recent problems mirror many of those addressed in 2005 when Bakiyev assumed power in the Tulip Revolution.

[JURIST] Toyota Motor Corporation on Monday accepted a record civil penalty of $16.375 million imposed by the National Highway Traffic Safety Administration (NHTSA) for a four-month delay in notifying the agency about a problem with “sticky” and “slow to return pedal” gas pedals in various car models. US Department of Transportation Secretary Ray LaHood announced that Toyota has acknowledged responsibility for violating its legal obligations to report any defects promptly. The fine, the largest ever assessed against a car maker, is based on a preliminary review of extensive corporate documents attained through an investigation launched by the NHTSA in February. Toyota declined to appeal the fine, and, if further defect-related violations are discovered, the NHTSA may increase the penalty. NHTSA statutes require that a vehicle manufacturer notify the NHTSA within five days of discovering a safety defect and launch a recall. The NHTSA has evidence that Toyota knew of the defect in late September, but notification and a recall were not launched until January.
Earlier this month, the US Judicial Panel on Multi-District Litigation (MDL) consolidated more than 150 pending lawsuits against Toyota and transferred them to the US District Court for the Central District of California where Judge James Selna ordered a May 13 pre-trial conference. In March, the NHTSA enlisted the help of the National Academy of Sciences (NAS) and NASA to conduct a 15-month investigation into the sources of recent safety defects. The agency has faced a hearing before the House of Representatives Committee on Energy and Commerce and strong criticism regarding the effectiveness of its recent investigations into car safety defects. Previously, the largest fine assessed by the NHTSA was of $1 million against General Motors for failing to conduct a timely recall in 2004. At the time, the NHTSA was also criticized for appearing to be lenient on the American vehicle manufacturer. Toyota has been under federal scrutiny since December 2009, and has conducted three recalls.

[JURIST] Pakistan President Asif Ali Zardari on Monday signed into law the 18th Amendment bill, limiting presidential powers expanded under former military leader Pervez Musharraf. Under the amendment, which effectively reduces the role of the president to a figurehead, the vast majority of the president’s powers will be transferred to the office of the prime minister. The president will no longer have the power to appoint heads of the armed forces, dissolve the parliament or dismiss the prime minister. In addition, the president may only enact emergency rule after parliamentary approval. Both the National Assembly and the Senate unanimously passed the amendment bill earlier this month.
The introduction of the bill comes amid controversy over reopening corruption investigations against Zardari. Earlier this month, Pakistan’s attorney general Anwar Mansoor announced his resignation over controversy surrounding a Supreme Court order to investigate corruption allegations against Zardari. Last month, Swiss authorities denied a request from Pakistan’s National Accountability Bureau, refusing to reopen a corruption investigation against Zardari. Aides to Zardari believe that presidential immunity protects him from prosecution, even after the Supreme Court overturned an amnesty law implemented by Musharraf. The amnesty was signed by Musharraf as part of a power-sharing accord allowing former Pakistani prime minister Benazir Bhutto to return to the country despite corruption charges she had faced.

[JURIST] A Bangladeshi special court in the district of Sathkhira on Monday sentenced 56 members of the Bangladesh Rifles (BDR) on charges relating to their involvement in last year’s border guard mutiny that left 74 dead. Of the 60 charged with taking up arms, firing, driving their army commanders out of offices and homes, and blocking a road during the 33-hour mutiny, 24 received the maximum seven-year sentence, and only four were acquitted. Civilian courts will hear the more serious charges faced by another 2,200 guards, such as murder, for which those found guilty may be subject to the death penalty. These were the fourth set of convictions relating to the mutiny, coming just one day after a special court in Feni convicted 57 BDR members on similar charges.
The six special courts were established shortly after the Bangladeshi Supreme Court recommended against military court-martial trials for BDR members who took part in the mutiny. Dozens of BDR officers, including the force’s commander, were killed and their bodies left in sewers and shallow graves during the mutiny, which was sparked by grievances over pay and conditions. President Zillur Rahman asked for the court’s opinion to determine whether the accused should be tried under the Army Act of 1952 or whether they should face civilian trials. Prime Minister Sheikh Hasina initially offered the mutineers amnesty as part of a deal negotiated to end the uprising, but the agreement was rescinded when the conduct of the mutineers was fully revealed.

[JURIST] The Iraqi Independent High Election Commission (IHEC) on Monday ordered a manual recount of Baghdad province ballots cast in the March 7 parliamentary elections, following fraud allegations. The election commissioner for the IHEC informed the public that the Baghdad recount would begin immediately, citing manipulation in voting stations. The ruling State of Law coalition of Prime Minister Nouri al-Maliki alleged fraud after a preliminary count showed the Iraqiya coalition of former prime minister Iyad Allawi held a slight lead. The results of the election are expected to have a significant role in the direction of the Iraqi government, as the two main factions strive for control.
Soon after the fraud allegations were first made last month, Iraqi election officials rejected the allegations and calls for a recount. Previously, the commission dismissed allegations of election fraud from a member of the European Parliament. The fraud allegations are the latest in a series of problems plaguing the elections. In February, an Iraqi appeals panel ruled that 28 of the 500 candidates previously banned due to allegations of ties to Saddam Hussein’s Baath Party could stand in the election. The initial ban was characterized by the Iraqi government as illegal, and was reversed when the panel acknowledged that it did not have to rule on all 500 candidates at once.

[JURIST] UN High Commissioner for Human Rights Navi Pillay on Monday encouraged the six Gulf Cooperation Council (GCC) states to address continuing rights issues, including women’s rights, treatment of migrant workers, statelessness, and freedoms of expression, association, and assembly. In a speech at a university in Jeddah, Saudi Arabia, the first stop on a 10-day tour of Saudi Arabia, Qatar, Kuwait, Bahrain, the United Arab Emirates, and Oman, Pillay also noted “encouraging” progress in economic and social rights, children’s rights, and human trafficking. Pillay was pleased with the cooperation of GCC states thus far with the Universal Periodic Review (UPR) process, reviewing the human rights records of all UN Member States every four years. Pillay additionally applauded the establishment of national human rights institutions (NHRIs) in Qatar and Saudi Arabia, and recently in Bahrain and Oman, noting their “growing effectiveness” in promoting human rights.
According to a Freedom House report released last month, women’s rights and opportunities have increased the most in Persian Gulf countries, which were ranked as the worst violators of women’s rights five years ago. Despite the progress, the report found that women still face many obstacles in achieving recourse for domestic violence and equality in employment, education, and politics. The annual rights report released by the US State Department (DOS) last month, criticized Saudi Arabia for violence against women. In February, Saudi Arabia proposed a new law that would allow female lawyers to practice in some areas. In October, Kuwait’s Constitutional Court ruled that female lawmakers are not required to wear the hijab, the traditional Islamic headscarf, and that women do not need permission to get a passport. A 2008 Human Rights Watch report found that female domestic and migrant workers faced frequent abuse throughout Africa, Asia, and the Middle East.

[JURIST] The US Supreme Court on Monday granted certiorari in four cases. In Costco v. Omega, the court will decide whether the first-sale doctrine, which provides that the owner of any particular copy “lawfully made under this title” may resell that good without the authority of the copyright holder, applies to imported goods manufactured abroad. Swiss watchmaker Omega manufactures watches in Switzerland and then sells them to authorized distributors overseas. Watches were purchased by third parties and eventually sold to Costco, which sold them to US consumers without authorization from Omega. The US Court of Appeals for the Ninth Circuit held that the first-sale doctrine does not apply to imported goods.
In Staub v. Proctor Hospital, the court will consider in what circumstances an employer may be held liable based on the unlawful intent of officials who caused or influenced but did not make the ultimate employment decision. Vincent Staub sued his former employer under the Uniformed Services Employment and Reemployment Rights Act (USERRA) for wrongful termination. The US Court of Appeals for the Seventh Circuit ruled that the unlawful intent of the officials who allegedly brought about Staub’s dismissal could not be attributed to the employer.In United States v. Tohono O’odham Nation, the court will decide whether 28 USC § 1500 deprives the Court of Federal Claims (CFC) of jurisdiction over a claim seeking monetary relief for the government’s alleged violation of fiduciary obligations if the plaintiff has another suit pending in federal district court based on substantially the same operative facts, especially when the plaintiff seeks monetary relief or other overlapping relief in the two suits. 28 USC § 1500 provides that the CFC lacks jurisdiction over “any claim for or in respect to which the plaintiff has any suit or process against the United States” or its agents “pending in any other court.” The Tohono O’odham Nation filed a complaint against the US in the US District Court for the District of Columbia, and, one day later, it filed a similar complaint against the US in the CFC. The US Court of Appeals for the Federal Circuit reversed the CFC’s dismissal of the case, concluding “that the Nation’s complaint in the Court of Federal Claims seeks relief that is different from the relief sought in its earlier-filed district court action.”In Ransom v. MBNA, the court will consider whether, in calculating the debtor’s “projected disposable income” during the plan period, the bankruptcy court may allow an ownership cost deduction for vehicles only if the debtor is actually making payments on the vehicles. The Ninth Circuit ruled that the bankruptcy court may not allow such deductions.

[JURIST] A Tehran Revolutionary Court on Monday sentenced three prominent progressive activists to six years in prison in connection with protests following the controversial re-election of Iranian President Mahmoud Ahmadinejad in June. According to the state-run Islamic Republic News Agency (IRNA), Mohsen Mirdamadi, Mostafa Tajzadeh, and Davood Soleimani were convicted of spreading propaganda against the government. The men are high-ranking officials of the Islamic Iran Participation Front (IIPF), a pro-democracy reformist political party that supported opposition leader Mir Hossein Mousavi in the disputed election. In addition to the jail time, the court also banned them from participation in political activity for 10 years.
The Iranian government has arrested hundreds in a crackdown on anti-government activity in the wake of protests over Ahmadenijad’s re-election, drawing criticism from international human rights groups and advocacy organizations. Iranian authorities jailed prominent Iranian journalist Mohammad Nourizad and reform movement leader Hossein Marashi on similar charges in April and March, respectively. Also in March, an Iranian appeals court upheld the death sentence of 20-year-old student Mohammad Amin Valian, who took part in anti-government protests in December. In February, the US and EU jointly issued a statement condemning Iran’s action against protesters and political dissenters.

[JURIST] Hundreds of Sunni men were detained without warrant and subjected to torture under authority of the military office of Iraqi Prime Minister Nouri al-Maliki, according to a Monday Los Angeles Times report. More than 400 men were initially detained in October during sweeps of Nineveh province, an area in which al Qaeda in Iraq (AQI) was active, and transferred to a Baghdad prison due to concerns over corruption in the provincial capitol of Mosul. According to Nineveh Governor Atheel al-Nujaifi, many of the men were not members of AQI and were detained without a warrant. Maliki maintains that the conditions of the prison were first revealed to him earlier this month, after Iraqi Human Rights Minister Wijdan Salim was allowed to inspect the facility. Salim’s inspection teams found that all of the men had been kept in poor conditions and more than 100 of men had been subject to torture, including a former colonel under Saddam Hussein, who died in January as a result. Since the inspections, 75 of the men have been freed and 275 have been transferred to other prisons. Maliki said that he plans to close the prison and arrest the officers responsible for the mistreatment of prisoners. News of the secret prison comes at a sensitive time for Maliki as he tries to build a government following the March parliamentary election, in which his Shiite dominated State of Law coalition came in a close second to the cross-sectarian Iraqiya headed by former-prime minister Iyad Allawi.
Maliki created a special committee in June to investigate alleged abuse and torture in the country’s prisons. Comprised of eight members, the committee includes representatives from human rights and judicial government agencies and security ministries. The decision to create the panel came shortly after charges were brought against 43 Iraqi police officers for human rights abuses, warrantless arrests, and bribery allegations. The violations were discovered by an investigatory committee formed by Iraqi Interior Minister Jawad al-Bolani. Loyalists to Shiite cleric Muqtada al-Sadr have pressured the Iraqi government over prison conditions that they claim include confessions elicited from torture and politically motivated false accusations. In August 2008, officials for Iraq’s Human Rights Ministry said that they plan to prosecute those suspected of torturing inmates of the country’s prison system. In November 2005, US troops found 173 prisoners, many abused, in a secret bunker run by the Interior Ministry. Earlier that year, then-UN secretary-general Kofi Annan said that Iraq’s detention practices may violate international law and expressed concern over the failure of Coalition forces to publish the results of their investigation into the torture allegations.

[JURIST] Human Rights Watch (HRW) on Monday criticized the violent and repressive conditions in southern Somalia that have been implemented by the Islamist group al-Shabaab. HRW interviewed more than 70 victims and witnesses, concluding that while some areas of the country under al-Shabaab rule are more stable when compared to areas under control of the Transitional Federal Government (TFG), that stability comes at a steep price. The report details the use of harsh punishments including beatings, amputations, and executions without due process for the victims. Women have been particularly affected by al-Shabaab rule and the implementation of harsh measures in the name of Sharia law. According to the report:
Freedoms women took for granted in traditional Somali culture have been dramatically rolled back. In many areas, women have been barred from engaging in any activity that leads them to mix with men—even small-scale commercial enterprises that many of them depend on for a living. Al-Shabaab authorities have arrested, threatened, or whipped countless women for trying to support their families by selling cups of tea. In many areas, al-Shabaab officials require women to wear a particularly heavy type of abaya, a traditional form of Islamic dress that covers everything but the face, hands, and feet. Women who fail to do so are often arrested, publicly flogged, or both.HRW also criticized the TFG and African Union Mission in Somalia (AMISOM) for their roles in the continuing violence in Mogadishu, stating, “ll sides are responsible for laws-of-war violations that continue unabated in Mogadishu. Many Somalis confront indiscriminate warfare, terrifying patterns of repression, and brutal acts of targeted violence on a daily basis.”Somalia has endured a lengthy civil war and several rounds of failed peace talks since the collapse of its last civil government in 1991. Last July, the UN High Commissioner for Human Rights indicated that human rights violations committed during recent Somalian conflicts may amount to war crimes. In an attempt to avoid violence in Mogadishu, the Somali parliament voted last April to adopt Islamic Sharia law as part of a cease-fire agreement with the country’s Hizb al-Islamiya and al-Shabaab rebels. Somali President Sharif Sheikh Ahmed had previously expressed his support for the adoption of a moderate form of Sharia as part of peace talks with the rebels.

[JURIST] A prominent Iranian journalist and filmmaker was sentenced on Sunday to three-and-a-half years in prison and 50 lashes for his activities after the disputed 2009 presidential elections. Mohammad Nourizad was sentenced by Judge Pyrbasy, the head of Islamic Revolutionary Court Branch 26 for “distributing propaganda against the establishment of the Islamic Republic of Iran, and desecrating the image of thirty years of the Islamic establishment,” and insulting the supreme leader, the president, the head of the judiciary, and Ayatollah Elmolhoda of the Assembly of Experts. Nourizad was initially arrested in November after writing an open letter to Supreme Leader Ayatollah Ali Khamenei, criticizing the Iranian government for its crackdown on protesters following the disputed presidential election, which resulted in more than 80 deaths. Nourizad was a writer for Kayhan, a publication under the direct supervision of the Khamenei, but Nourizad distanced himself from the paper following the election unrest.
In March, Iranian authorities jailed reform movement leader Hossein Marashi after an appeals court upheld a one-year sentence for spreading propaganda against the Islamic republic. Marashi was a leading supporter of Mir Hossein Mousavi who opposed President Mahmoud Ahmadinejad in the disputed presidential election. The court also upheld a ban on Marashi from participating in party political activity for six years. Also in March, an Iranian appeals court upheld the death sentence for a 20-year-old student who took part in anti-government protests in December. Mohammad Amin Valian was convicted of Moharebeh, which means waging war against God and is punishable by death under Iranian law. In February, a joint US-EU statement condemned Iranian action against protesters and other critics of government policy. The Iranian government responded strongly to opposition following June’s disputed elections, prompting additional criticism from rights groups and advocacy organizations.

[JURIST] A special tribunal in Bangladesh on Sunday convicted 57 members of the Bangladesh Rifles (BDR) on charges relating to their involvement in last year’s border guard mutiny. BDR Special Court-3 in the southeast district of Feni sentenced those convicted to jail terms ranging from four months to seven years, and fined each BDT $100 (USD $1.45) for taking up arms and blocking a road during the 33-hour mutiny. Only five were acquitted. Civilian courts will hear more serious charges related to the mutiny, such as murder, arson, and rape, and may impose the death penalty on those found guilty. The sentences comprise the third of dozens of cases against the several thousand alleged mutiny participants who are being tried throughout Bangladesh, and come two weeks after the sentencing of 29 BDR members on similar charges.
The six Special Courts were established shortly after the Bangladeshi Supreme Court recommended against military court-martial trials for BDR members who took part in the mutiny. Dozens of BDR officers, including the force’s commander, were killed and their bodies left in sewers and shallow graves during the mutiny, which was sparked by grievances over pay and conditions. President Zillur Rahman asked for the court’s opinion to determine whether the accused should be tried under the Army Act of 1952 or whether they should face civilian trials. Prime Minister Sheikh Hasina initially offered the mutineers amnesty as part of a deal negotiated to end the uprising, but the agreement was rescinded when the conduct of the mutineers was fully revealed.

[JURIST] The German government said Saturday that it is considering taking legal action against Goldman, Sachs & Co. for defrauding investors, according to a report by the German newspaper Welt am Sonntag. The announcement comes just a day after the US Securities and Exchange Commission (SEC) filed a civil suit on alleging securities fraud against the bank. German government spokesperson Ulrich Wilheim said that the German Federal Financial Supervisory Authority (BaFin) will request information from the SEC to decide whether to file a suit. Britain has indicated that it may also pursue legal action after it found out the scope of the allegations contained in the SEC lawsuit.
The SEC complaint, filed in the US District Court for the Southern District of New York, alleges that Goldman made misleading statements and omissions to investors in early 2007 in violation of the Securities Act of 1933 and Securities Exchange Act of 1934. Goldman’s alleged conduct in marketing collateralized debt obligations (CDOs) to investors lies at the core of the controversy. Goldman responded to the allegations by denying all wrongdoing. The SEC is seeking “injunctive relief, disgorgement of profits, prejudgment interest, civil penalties and other appropriate and necessary equitable relief from both defendants,” remedies considered appropriate in securities fraud cases.

[JURIST] The Kyrgyzstan interim government announced Sunday that it will place ousted president Kurmanbek Bakiyev on trial for killings that took place during the recent uprising earlier this month and for abuse of power while in office. The interim government is also planning to try members of Bakiyev’s family and administration on charges that include corruption and human rights violations. Despite the pledge to bring Bakiyev and his allies to justice, so far only Baktybek Kaliyev, Bakiyev’s defense minister, has been arrested. It is believed that Bakiyev is currently in Kazakhstan, and interim officials have said they will seek extradition to bring him before their courts.
Last week, Kyrgyzstan interim leader Roza Otunbayeva said that Bakiyev should stand trial for the recent violence. The protests, prompted in part by a drastic increase in utility costs, led to at least 84 deaths and many more injuries. Earlier this month, Otunbayeva launched the interim government after the violence forced Bakiyev to flee the capital. The protests came just one week after UN Secretary-General Ban Ki-moon urged Kyrgyzstan to protect all forms of human rights, including “free speech and freedom of the media.”