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<title>SCOTUS dispatch: Supreme Court grapples with absolute presidential immunity in oral arguments for Trump v. US</title>
<link>https://www.jurist.org/news/2024/04/scotus-dispatch-supreme-court-grapples-with-absolute-presidential-immunity-in-oral-arguments-for-trump-v-us/</link>
<dc:creator><![CDATA[Marissa Zupancic | U. Pittsburgh School of Law, US]]></dc:creator>
<pubDate>Fri, 26 Apr 2024 01:35:30 +0000</pubDate>
<category><![CDATA[Dispatches]]></category>
<category><![CDATA[United States]]></category>
<category><![CDATA[dispatch]]></category>
<category><![CDATA[immunity]]></category>
<category><![CDATA[scotus]]></category>
<category><![CDATA[Supreme Court]]></category>
<category><![CDATA[trump]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=241787</guid>
<description><![CDATA[Marissa Zupancic is JURIST’s Washington DC Correspondent, a JURIST Senior Editor and a 3L at the University of Pittsburgh School of Law. She’s stationed in Washington during her Semester in DC. Today I attended oral arguments at the US Supreme Court for Trump v. US, a case concerning whether a president has absolute immunity after they […]
The post <a href="https://www.jurist.org/news/2024/04/scotus-dispatch-supreme-court-grapples-with-absolute-presidential-immunity-in-oral-arguments-for-trump-v-us/">SCOTUS dispatch: Supreme Court grapples with absolute presidential immunity in oral arguments for Trump v. US</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
]]></description>
<content:encoded><![CDATA[Marissa Zupancic is JURIST’s Washington DC Correspondent, a JURIST Senior Editor and a 3L at the University of Pittsburgh School of Law. She’s stationed in Washington during her <a href="https://www.law.pitt.edu/academics/experiential-learning-opportunities/semester-dc-program" target="_blank" rel="noopener">Semester in DC</a>.
Today I attended <a href="https://www.supremecourt.gov/oral_arguments/audio/2023/23-939">oral arguments</a> at the US Supreme Court for <a href="https://www.jurist.org/features/2024/04/24/explainer-supreme-court-set-to-hear-oral-arguments-on-presidential-immunity/">Trump v. US</a>, a case concerning whether a president has absolute immunity after they leave office for actions they took while president. This marks my final Supreme Court attendance as JURIST’s inaugural Washington DC Correspondent. Walking up to the court at 8 AM, there were only a handful of protesters, and I recognized some from when I attended arguments in February in <a href="https://www.jurist.org/news/2024/02/scotus-dispatch-outside-the-supreme-court-after-the-trump-v-anderson-oral-arguments/">Trump v. Anderson</a>.
The oral arguments were scheduled for an hour but lasted nearly three hours. This time, I could actually see Justice Ketanji Brown Jackson and the attorneys presenting arguments to the court, but I still had an obstructed view behind one of the acorn-laden gates.
John Sauer presented arguments for Trump. Sauer began his argument by looking at the unique nature of this case, stating, “Without presidential immunity from criminal prosecution, there can be no presidency as we know it. For 234 years of American history, no president was ever prosecuted for his official acts.” Going further, Sauer brought up the consequences of this case. Sauer asked whether President Obama could face murder charges for killing Americans overseas by ordering <a href="https://theintercept.com/2017/01/30/obama-killed-a-16-year-old-american-in-yemen-trump-just-killed-his-8-year-old-sister/">drone strikes</a>. This example stands in contrast to the charges facing Trump handed down in an indictment from August 2023, including:
<ol>
<li>Conspiring to <a href="https://www.law.cornell.edu/uscode/text/18/371">defraud the US</a> through dishonesty, fraud and deceit in an effort to impair, obstruct and defeat the process by which votes are collected, counted and certified by the federal government;</li>
<li>Conspiring to <a href="https://www.law.cornell.edu/uscode/text/18/1512">corruptly obstruct and impede</a> the US Congress in their effort to collect, count and certify election results on January 6, 2021; and</li>
<li>Conspiring against the <a href="https://www.law.cornell.edu/uscode/text/18/241">rights of US citizens to vote</a> and to have that vote count</li>
</ol>
Sauer argued that former presidents possess “absolute immunity,” preventing them from prosecution for official actions they took while holding the office of the president. Justice Clarence Thomas asked Sauer to state the source of this absolute immunity, which Sauer claimed stems from <a href="https://constitution.congress.gov/browse/article-2/section-1/clause-1/">Article II, Section 1</a> of the US Constitution. This section is known as the Executive Vesting Clause. This clause states, in part, “The executive Power shall be vested in a President of the United States of America.” Sauer further posited that the president’s “official acts” are protected from scrutiny from the judicial system, as well.
Chief Justice John Roberts next asked Sauer to elaborate on the scope of a president’s official acts. Sauer explained that prior Supreme Court precedent held that accepting a bribe to appoint a person as an ambassador is not an official act, but appointing a person based on substantive reasons, like if they meet certain qualifications, would fall under the president’s official acts.
Justice Sonia Sotomayor tested the scope of Sauer’s immunity argument. She asked, “If the president decides that his rival is a corrupt person and he orders the military or orders someone to assassinate him, is that within his official acts for which he can get immunity?” Sauer responded in typical lawyer fashion with, essentially, “it depends,” but he could see a perspective where that action could be an official act covered by this “absolute immunity.’ Sotomayor explained that she viewed official acts as separate from the assassination hypothetical because the hypothetical would be done for personal gain, rather than official duties. She summed up what she thought Sauer’s argument was when she stated, “A president is entitled to total personal gain to use the trappings of his office – that’s what you’re trying to get us to hold – without facing criminal liability.”
Justice Ketanji Brown Jackson brought up former President Richard Nixon’s pardon from former President Gerald Ford following the Watergate scandal. Sauer explained that throughout history, presidents did not believe they would be subject to prosecution. Jackson questioned why, if this was the case, did Nixon get a pardon from Ford if he would not have faced prosecution? Sauer differentiated this set of facts, stating that Nixon was under investigation for both official acts and private acts. From here, Justice Amy Coney Barrett confirmed that Sauer agreed private actions, separate from official acts, by a former president do not qualify for immunity.
Justice Elena Kagan raised the point that there is no explicit immunity clause in the Constitution. She said, “The Framers knew how to [put an immunity clause in the Constitution]. There were immunity clauses in some state constitutions. They knew how to give legislative immunity. They didn’t provide immunity to the president.” Sauer rebutted this argument by restating that the Executive Vesting Clause provides immunity to a president. Additionally, Kagan asked Sauer whether a president would be immune from ordering the military to launch a coup, to which Sauer suggested there would be immunity without impeachment.
Michael Dreeben gave arguments for the United States with the Department of Justice. In his opening statement, he also touched on the unprecedented nature of this case, when he stated, “This court has never recognized absolute criminal immunity for any public official.”
Roberts questioned Dreeben on whether there are appropriate safeguards in place to prevent politically motivated prosecution of former presidents if the court holds there is no absolute immunity. Dreeben explained, “We are not endorsing a regime that we think would expose former presidents to criminal prosecution in bad faith, for political animus, without adequate evidence. A politically driven prosecution would violate the constitution.” In <a href="https://www.oyez.org/cases/1984/83-1292">Wayte v. United States</a>, the Supreme Court held in 1985 that selective prosecution is unconstitutional. Dreeben also explained that a prosecutor still must have enough evidence to warrant a grand jury to indict a former president to meet constitutional requirements.
Dreeben also stated there are parts of acting as president that Congress cannot criminalize, which make up the executive’s core duties. These include foreign recognition and making judicial appointments, among others.
In response to Justice Samuel Alito’s questions, Dreeben explained that it is an absolute defense to a criminal charge that the president was acting under the legal counsel of the US Attorney General. For example, a president can ask the attorney general any legal questions, such as whether a potential action is lawful. If the attorney general says that an action is lawful, this could serve as a defense to charges brought against that president down the line.
Finally, Alito asked Dreeben if a president has the right to pardon themself, to which Dreeben responded that the Department of Justice had not taken an official stance on that argument. However, Dreeben noted there was a memo written from the Office of Legal Counsel that suggested a president cannot write a self-pardon.
After the arguments, there was a raucous scene outside. A man dressed in what <a href="https://twitter.com/JURISTnews/status/1783543338974474566">appeared</a> to be Revolutionary War attire had a speaker setup with a microphone and guitar, singing songs. He performed on a small stage next to a sign that claimed to portray photos of “real dictators” like Kim Jong Un. Over his singing, another protester was shouting “Name a bigger idiot than Trump!” into a megaphone. Additionally, there was more police presence than at Trump v. Anderson, with Capitol Police patrolling the streets and Supreme Court Police surrounding the building. This increased police may have been in response to when a man <a href="https://www.cbsnews.com/news/person-sets-self-on-fire-near-court-trump-criminal-trial/">died</a> after lighting himself on fire outside of the New York courthouse hosting Trump’s <a href="about:blank">hush money trial</a>.
The court’s historic decision will shape future prosecutions the former president is facing. Meanwhile, Trump continues to <a href="https://projects.fivethirtyeight.com/polls/president-primary-r/2024/national/">lead</a> in primary voting and is likely to be named the Republican nominee in July.
Over the my four months as JURIST’s Washington Correspondent, I’ve had the chance to attend three oral arguments at the Supreme Court. Two of these arguments were especially historic, involving a former US president and current presidential candidate. Working for JURIST has supplemented my legal education, pulling me outside of my law school building and into real-world legal change. Sitting next to professional reporters as a law student journalist was a great privilege, and I am eternally grateful for this experience!
 
The post <a href="https://www.jurist.org/news/2024/04/scotus-dispatch-supreme-court-grapples-with-absolute-presidential-immunity-in-oral-arguments-for-trump-v-us/">SCOTUS dispatch: Supreme Court grapples with absolute presidential immunity in oral arguments for Trump v. US</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>Spain prosecutors seek to dismiss corruption probe of PM’s wife</title>
<link>https://www.jurist.org/news/2024/04/spain-prosecutors-seek-to-dismiss-corruption-probe-of-pms-wife/</link>
<dc:creator><![CDATA[Salma Ben Mariem | Faculty of Law and Political Science of Sousse, TN]]></dc:creator>
<pubDate>Thu, 25 Apr 2024 19:45:26 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[begona gomez]]></category>
<category><![CDATA[europe]]></category>
<category><![CDATA[fair trial]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[Manos Limpias]]></category>
<category><![CDATA[official misconduct]]></category>
<category><![CDATA[Pedro Sanchez]]></category>
<category><![CDATA[rol - corruption]]></category>
<category><![CDATA[Spain]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=241696</guid>
<description><![CDATA[The Madrid Prosecutor’s Office in Spain asked the court on Thursday to drop the case against Begoña Gomez, Prime Minister Pedro Sanchez’s wife, for the alleged crime of peddling influence and corruption, sources told Spanish news source EFE. The prosecutors appealed a local court’s decision to open preliminary investigations into the links between Begoña Gomez […]
The post <a href="https://www.jurist.org/news/2024/04/spain-prosecutors-seek-to-dismiss-corruption-probe-of-pms-wife/">Spain prosecutors seek to dismiss corruption probe of PM’s wife</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
]]></description>
<content:encoded><![CDATA[The Madrid Prosecutor’s Office in Spain asked the court on Thursday to <a href="https://efe.com/en/latest-news/2024-04-25/prosecutors-urge-corruption-probe-into-spain-pms-wife-to-be-dropped/">drop</a> the case against Begoña Gomez, Prime Minister Pedro Sanchez’s wife, for the alleged crime of peddling influence and corruption, sources told Spanish news source EFE. The prosecutors appealed a local court’s decision to open preliminary investigations into the links between Begoña Gomez and private companies. Prosecutors also demanded the dismissal of the case, citing a lack of evidence.
The case started after a private activist group named <a href="http://www.manos-limpias.es/Acerca">Manos Limpias</a> filed a complaint on Wednesday against Pedro Sanchez’s wife. The complaint accused her of using her position and relationship with the prime minister to influence business by signing recommendation letters to endorse businessmen who apply for public tenders.
Sanchez <a href="https://twitter.com/sanchezcastejon/status/1783181535337734409">denied</a> the allegations against his wife in a public letter. Sanchez also blamed Manos Limpias—which he described as a “far-right organization”—for basing its complaint on “alleged information from ultra-conservative digital newspapers that have been publishing on the matter and which have a marked ultra-wing and ultra-right orientation.” He referred to the whole affair as a “strategy of harassment and bullying” conducted by his political opponents, openly accusing president of the People’s Party Alberto Nuñez Freijo and president of the right-wing political party Vox Santiago Abascal of collaborating with Manos Limpias. Sanchez also said that his wife will defend her honorability against baseless accusations and will cooperate with authorities in everything that is required to clarify facts that are “as scandalous in appearance as they are non-existent.”
The general secretary of Manos Limpias Miguel Bernad <a href="https://www-libertaddigital-com.translate.goog/espana/2024-04-25/manos-limpias-sanchez-inaceptable-explicaciones-mujer-insulte-sindicato-7120669/?utm_term=Autofeed&utm_medium=Social&utm_source=Facebook&fbclid=IwZXh0bgNhZW0CMTEAAR3UuVCAgqR2nD9pD8CAjFPAtisDGnZ5kg6maltjHN3Uw00UIZu4MvdQnjg_aem_ATkyEQ3xByaoXy3rzRGb3aPLYdS_lyqZ29DXNz_etbuzk__05fhWMFp9hY6hzvbWEt0ROspNJeoYM6k1Vtq_tpfv&_x_tr_sl=es&_x_tr_tl=en&_x_tr_hl=fr&_x_tr_pto=wapp#Echobox=1714032313">said</a> he found the prime minister’s response to be “unacceptable” because instead of giving explanations about whether the allegations against Gomez were true, Sanchez insulted the union and accused it of being part of a “right-wing campaign” against him. However, Bernad <a href="https://twitter.com/el_pais/status/1783441304006881293">admitted</a> that the complaint filed against Begoña Gomez was aimed at opening proceedings to “verify the veracity of a series of information disseminated by several digital newspapers.” He further added that the organization Manos Limpias became aware of a series of irregularities which “could be criminal” through digital newspapers. After seeing the prosecutor’s office fail to take any action based upon the irregularities, Manos Limpias decided to file the complaint. They claimed to be exercising a “citizen’s right and duty” in doing so.
Sanchez stated in his letter that he plans to take some time “to stop and think whether it is worth it to remain at the head of the government or resign” and cancelled his public duties for the rest of the week. Sanchez will appear before the media on April 29 to announce his final decision regarding the matter.
The post <a href="https://www.jurist.org/news/2024/04/spain-prosecutors-seek-to-dismiss-corruption-probe-of-pms-wife/">Spain prosecutors seek to dismiss corruption probe of PM’s wife</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>Arizona grand jury indicts Trump campaign associates over 2020 presidential election interference</title>
<link>https://www.jurist.org/news/2024/04/arizona-grand-jury-indicts-trump-campaign-associates-over-2020-presidential-election-interference/</link>
<dc:creator><![CDATA[Lauren Ban | U. Pittsburgh School of Law, US]]></dc:creator>
<pubDate>Thu, 25 Apr 2024 19:13:35 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[2020 Presidential Election]]></category>
<category><![CDATA[arizona]]></category>
<category><![CDATA[Biden]]></category>
<category><![CDATA[Domestic]]></category>
<category><![CDATA[Donald Trump]]></category>
<category><![CDATA[january 6 2021]]></category>
<category><![CDATA[rol - corruption]]></category>
<category><![CDATA[rol - elections/voting]]></category>
<category><![CDATA[trump]]></category>
<category><![CDATA[United States]]></category>
<category><![CDATA[us]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=241739</guid>
<description><![CDATA[Arizona Attorney General Kris Mayes announced on Wednesday that a state grand jury returned an indictment against 18 individuals associated with former US President Donald Trump’s effort to overturn Arizona’s election results in the 2020 presidential election. The indicted individuals face charges of fraud, forgery and conspiracy. The indictment names 11 of the 18 individuals, […]
The post <a href="https://www.jurist.org/news/2024/04/arizona-grand-jury-indicts-trump-campaign-associates-over-2020-presidential-election-interference/">Arizona grand jury indicts Trump campaign associates over 2020 presidential election interference</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
]]></description>
<content:encoded><![CDATA[Arizona Attorney General Kris Mayes <a href="https://www.azag.gov/press-release/attorney-general-mayes-announces-state-grand-jury-indictments">announced</a> on Wednesday that a state grand jury returned an <a href="https://www.azag.gov/sites/default/files/2024-04/Indictment.pdf">indictment</a> against 18 individuals associated with former US President Donald Trump’s effort to overturn Arizona’s election results in the 2020 presidential election. The indicted individuals face charges of fraud, forgery and conspiracy. The indictment names 11 of the 18 individuals, but seven names remain redacted and shielded from public knowledge.
The indictment centers around the individuals’ collective effort to “prevent the lawful transfer of the presidency to keep [Trump] in office against the will of Arizona’s voters.” The indictment charges the 11 named individuals with nine counts each for their involvement in the scheme, which the indictment claims “would have deprived Arizona voters of their right to vote and have their votes counted.”
The 11 named individuals include Kelli Ward, Tyler Bowyer, Nancy Cottle, Jacob Hoffman, Anthony Kern, James Lamon, Robert Montgomery, Samuel Moorhead, Lorraine Pellegrino, Gregory Safsten and Michael Ward. The other seven individuals have not yet been publicly identified, but based on <a href="https://www.politico.com/news/2024/04/24/arizona-election-indictments-giuliani-meadows-trump-00154241">media reports</a> and details within the indictment, the other seven include Mark Meadows, Rudy Giuliani, Boris Epshteyn, John Eastman, Jenna Ellis, Christina Bobb and Mike Roman. Trump is not included in the indictment, though there is speculation that he is referred to throughout the indictment as “Unindicted CoConspirator 1.”
The 58-page indictment alleges that the indicted individuals wrongly engaged in electing a false slate of presidential electors to represent Trump—despite Trump <a href="https://www.cnn.com/election/2020/results/state/arizona/president">losing</a> the state’s popular vote, and therefore its presidential electors. This was part of a larger scheme by Trump loyalists to have former Vice President Mike Pence reject the certification of current President Joe Biden’s electoral victory on <a href="https://www.jurist.org/features/2023/01/06/the-january-6th-committee-report-bearing-witness-to-an-event-that-has-changed-our-lives/">January 6, 2021</a>. The plan was for Pence to reject states’ real electoral slates. Pence was then to either “delay the proceeding and have individual state legislatures determine their electors, or have Congress resolve any claimed uncertainty about the validity of election results in Arizona and six other states in [Trump’s] favor.” If Congress were to do the latter, the false slate of electors would be needed.
Arizona prosecutors assert that the indicted individuals’ efforts to establish a false slate of electors were illegal. The indictment centers around American election law, including the federal <a href="https://govtrackus.s3.amazonaws.com/legislink/pdf/stat/24/STATUTE-24-Pg373.pdf">Electoral Count Act of 1887</a> (ECA), which establishes the vote-counting procedures for the presidential eleciton.
In the US, would-be presidents are not selected based solely on the popular vote (the total amount of votes they receive across the country), but rather on how many electoral college votes they receive. In order to win the office of the presidency, a candidate must win 270 electoral college votes out of the total 538 votes available across all US states and territories.
Different states and territories determine how their electoral college votes are awarded based off of different systems, but Arizona awards its electoral college votes to whichever candidate wins the state’s popular vote. Arizona prosecutors allege that all 11 named individuals participated in a Republican-led effort to put forward an alternate slate of presidential for Trump even though the former president lost the state’s popular vote. As a result, the 11 individuals now face nine criminal counts each. The charges include <a href="https://www.azleg.gov/ars/13/01003.htm">conspiracy</a>, <a href="https://www.azleg.gov/ars/13/02310.htm#:~:text=13%2D2310%20%2D%20Fraudulent%20schemes%20and%20artifices%3B%20classification%3B%20definition&text=A.,of%20a%20class%202%20felony.">fraudulent schemes and artifices</a>, <a href="https://www.azleg.gov/ars/13/02311.htm">fraudulent schemes and practices</a>, and five instances of <a href="https://www.azleg.gov/ars/13/02002.htm">forgery</a>. All nine counts are felony offenses in the state of Arizona.
The indictment also details the actions undertaken in Arizona by the 18 indicted individuals in the months leading up to and following the November 3, 2020 presidential election, including multiple legal challenges and a <a href="https://www.jurist.org/news/2022/06/january-6-committee-trump-allies-pressured-state-officials-to-overturn-2020-election-results/">pressure campaign</a>. Neither the <a href="https://www.brookings.edu/articles/trumps-judicial-campaign-to-upend-the-2020-election-a-failure-but-not-a-wipe-out/">legal challenges</a> nor the <a href="https://www.jurist.org/news/2023/02/arizona-ag-releases-previously-undisclosed-2020-election-investigation-documents/">pressure campaign</a> were ultimately successful.
Following the release of the indictment, Attorney General Mayes <a href="https://youtu.be/8V3cv2tdq-c">said</a>, “I will not allow American democracy to be undermined. It is too important.” Mayes also stated that the investigation into efforts to undermine Arizona’s 2020 election process remains ongoing.
The post <a href="https://www.jurist.org/news/2024/04/arizona-grand-jury-indicts-trump-campaign-associates-over-2020-presidential-election-interference/">Arizona grand jury indicts Trump campaign associates over 2020 presidential election interference</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>Lesotho authorities must prevent ongoing threats against local journalists: Amnesty International</title>
<link>https://www.jurist.org/news/2024/04/lesotho-authorities-must-prevent-ongoing-threats-against-local-journalists-amnesty-international/</link>
<dc:creator><![CDATA[Nova Kruijning | Maastricht U. Faculty of Law, NL]]></dc:creator>
<pubDate>Thu, 25 Apr 2024 19:09:11 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[#freedomofexpression]]></category>
<category><![CDATA[Africa]]></category>
<category><![CDATA[amnesty international]]></category>
<category><![CDATA[freedom of journalism]]></category>
<category><![CDATA[human rights]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[rol - freedom of expression/speech]]></category>
<category><![CDATA[rol - freedom of press]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=241753</guid>
<description><![CDATA[Amnesty International urged Lesothan authorities on Thursday to publicly intervene and take action against alleged threats made against Phafane Nkotsi, a journalist and owner of the Lesotho Tribune. Amnesty International’s statement follows a recent publication by the company regarding allegations of corruption at the Public Officers Defined Contribution Fund, which is also referred to as […]
The post <a href="https://www.jurist.org/news/2024/04/lesotho-authorities-must-prevent-ongoing-threats-against-local-journalists-amnesty-international/">Lesotho authorities must prevent ongoing threats against local journalists: Amnesty International</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
]]></description>
<content:encoded><![CDATA[Amnesty International <a href="https://www.amnesty.org/en/latest/news/2024/04/lesotho-authorities-must-stop-threats-against-lesotho-tribunes-journalists-and-proprietor/">urged</a> Lesothan authorities on Thursday to publicly intervene and take action against alleged threats made against Phafane Nkotsi, a journalist and owner of the <a href="https://lesothotribune.co.ls/">Lesotho Tribune</a>. Amnesty International’s statement follows a recent publication by the company regarding allegations of corruption at the Public Officers Defined Contribution Fund, which is also referred to as the “pension fund.”
On April 17, members of the Lesotho Tribune’s staff found three notes on newsroom desks, which read: “Stay away from Pension Fund issues if you still value peace in your household NJ Phafane.” Nkotsi has reportedly been the target of several incidents of harassment and intimidation after several threatening notes were left on the premises of the Lesotho Tribune. The threats began after the newspaper published two articles in late January and early February as part of an eight-part series investigating corruption at the pension fund.
In a statement posted to their website, Amnesty International resolutely condemned the threats made against Nkotsi. Amnesty International’s Regional Director for East and Southern Africa Tigera Chagutah labeled them “despicable.” He continued:
<blockquote>Amnesty International is appalled by the harassment, intimidation, and threats against journalist and media proprietor Phafane Nkotsi. The threatening notes found at the premises of Lesotho Tribune are despicable and designed to send a chilling message to journalists and the media. This attack on freedom of expression and media freedom must stop.</blockquote>
Urging authorities to ensure the safety of Nkotsi and his family, Chagutah said: “Authorities must promptly, independently, and impartially investigate reports of harassment, intimidation, and threats against Phafane Nkotsi, and bring those responsible to justice in fair trials.”
Earlier this year, following the publication of the two articles, Mergence Investment Managers—the private asset management firm that stood accused of entrenching its interests at the pension fund—filed an application with the High Court of Lesotho. The firm sought an injunction to bar the Lesotho Tribune from publishing additional articles in the eight-part series. This application was <a href="https://twitter.com/lesothotribune/status/1771098538170065407?s=46">dismissed</a>. However, the newspaper still faces ongoing <a href="https://cpj.org/2024/04/lesotho-courts-dismiss-lawsuits-seeking-closure-of-2-newspapers-defamation-cases-ongoing/">defamation cases</a> concerning its corruption coverage.
Lesothan authorities have not yet responded to Amnesty International’s statement. However, on April 23, the government <a href="https://www.gov.ls/dceo-revives-anti-corruption-committee/">announced</a> the revival of the District Anti-Corruption Committee (DACC), as part of a larger effort to fight corruption in the Southern-African country. 
The post <a href="https://www.jurist.org/news/2024/04/lesotho-authorities-must-prevent-ongoing-threats-against-local-journalists-amnesty-international/">Lesotho authorities must prevent ongoing threats against local journalists: Amnesty International</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>Australia authorities charge 5 juveniles over Australia church stabbing that sparked riot</title>
<link>https://www.jurist.org/news/2024/04/australia-authorities-charge-5-juveniles-over-australia-church-stabbing-that-sparked-riot/</link>
<dc:creator><![CDATA[Yevheniia Khoroshun | V.N. Karazin Kharkiv National U. School of Law, UA]]></dc:creator>
<pubDate>Thu, 25 Apr 2024 18:46:37 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[Australia]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[JCTT]]></category>
<category><![CDATA[rol - police powers]]></category>
<category><![CDATA[ROL- political violence]]></category>
<category><![CDATA[stabbing]]></category>
<category><![CDATA[sydney]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=241722</guid>
<description><![CDATA[Australian authorities charged five juveniles on Thursday in connection with the alleged perpetrator of the April 15 Wakeley church attack. The charges come after police from New South Wales (NSW) and the Australian Federal Police (AFP) arrested seven juveniles for their suspected involvement with the April 15 attack. A series of searches were conducted in several […]
The post <a href="https://www.jurist.org/news/2024/04/australia-authorities-charge-5-juveniles-over-australia-church-stabbing-that-sparked-riot/">Australia authorities charge 5 juveniles over Australia church stabbing that sparked riot</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[Australian authorities <a href="https://www.afp.gov.au/news-centre/media-release/five-charged-following-joint-counter-terrorism-team-operation">charged</a> five juveniles on Thursday in connection with the alleged perpetrator of the April 15 <a href="https://www.jurist.org/news/2024/04/16-year-old-charged-with-terrorism-over-stabbing-of-bishop-and-worshippers-in-australia-church-that-sparked-riot/" target="_blank" rel="noopener">Wakeley church attack</a>. The charges come after police from New South Wales (NSW) and the Australian Federal Police (AFP) arrested seven juveniles for their suspected involvement with the April 15 attack.
A series of searches were conducted in several suburbs of Sydney and Goulburn, resulting in the arrest of seven male juveniles. Of the seven arrested, the charges announced on Thursday were against only five. The charges brought against the five include possession or control of material promoting violent extremism, conspiracy to commit acts aimed at preparing or planning a terrorist act and conspiracy to commit any act in preparation or planning of a terrorist act. All five were denied bail to appear before a children’s court on Thursday.
The <a href="https://www.reuters.com/world/asia-pacific/several-people-injured-stabbing-sydney-church-police-say-2024-04-15/" target="_blank" rel="noopener">stabbing</a>, which is still being investigated, occurred on April 15 at a church in Sydney, Australia. According to the Christ the Good Shepherd Church <a href="https://www.facebook.com/photo?fbid=847586380740716&set=pcb.846865604146127" target="_blank" rel="noopener">official statement</a>, a knife attack occurred during a live-streaming of Bible preaching. The attacker inflicted several blows on the head and body of the bishop and then made an attempt on the second parish priest. After that, the attacker was detained by believers who were in the church and the police.
Soon after, mass nervousness arose in the church among people who demanded the police to withdraw. When the situation erupted, the police took action to control the crowd, which led to large-scale <a href="https://twitter.com/MailOnline/status/1779860347639222504" target="_blank" rel="noopener">riots</a>. The local bishop Mar Marie Emmanuel, who was the main victim of the attack that took place, forgave his attacker and expressed hope that the police would find the real culprit. The church also called on its parishioners to resolve the conflict peacefully.
Police previously charged a 16-year-old with terrorism on April 18 in connection to the stabbing. The boy, who was known to the police, entered the Christ the Good Shepherd Church in Wakeley during a live-streamed event and attacked the bishop and several worshipers. According to police, religious extremism was a possible motive behind the attack.
The post <a href="https://www.jurist.org/news/2024/04/australia-authorities-charge-5-juveniles-over-australia-church-stabbing-that-sparked-riot/">Australia authorities charge 5 juveniles over Australia church stabbing that sparked riot</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>Burkina Faso military forces execute at least 233 civilians: HRW</title>
<link>https://www.jurist.org/news/2024/04/burkina-faso-military-forces-execute-at-least-233-civilians-hrw/</link>
<dc:creator><![CDATA[Matteo Piccioli | Maastricht U. Faculty of Law, NL]]></dc:creator>
<pubDate>Thu, 25 Apr 2024 16:42:37 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[Africa]]></category>
<category><![CDATA[hrw]]></category>
<category><![CDATA[human rights]]></category>
<category><![CDATA[Human Rights watch]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[rol - human rights]]></category>
<category><![CDATA[ROL- political violence]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=241698</guid>
<description><![CDATA[Human Rights Watch (HRW) reported on Thursday that military forces in Burkina Faso executed at least 233 civilians in attacks on two villages. It labels the attacks as “among the worst army abuse in Burkina Faso since 2015.” These two mass killings occurred in the villages of Nondin and Soro on February 25. At the […]
The post <a href="https://www.jurist.org/news/2024/04/burkina-faso-military-forces-execute-at-least-233-civilians-hrw/">Burkina Faso military forces execute at least 233 civilians: HRW</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[Human Rights Watch (HRW) <a href="https://www.hrw.org/news/2024/04/25/burkina-faso-army-massacres-223-villagers">reported</a> on Thursday that military forces in Burkina Faso executed at least 233 civilians in attacks on two villages. It labels the attacks as “among the worst army abuse in Burkina Faso since 2015.”
These two mass killings occurred in the villages of Nondin and Soro on February 25. At the moment, there is no official justification by the military for the reason of the attacks. In an <a href="https://www.youtube.com/watch?v=zMeACdXh9Gs">interview</a> with a local radio station a day after the attacks, Burkinabè Defense Minister Mahamoudou Sana did not refer to these mass killings. Instead, the he stated the Islamist hostilities against Burkina Faso’s armed forces that had occurred on the same day.
HRW reported that villagers believe the attacks were perpetrated as retaliation for these incidents between Islamist groups and the military. Executive Director of HRW Tirana Hassan underlined the line of aggression from the military, stating, “The massacres in Nondin and Soro villages are just the latest mass killings of civilians by the Burkina Faso military in their counterinsurgency operations.”
This counterattack against civilians may be considered a crime against humanity, HRW claimed. Article 7 of the <a href="https://www.icc-cpi.int/sites/default/files/Publications/Rome-Statute.pdf">Rome Statute of the International Criminal Court</a> defines a crime against humanity as any act, including among others, murder, extermination, and other inhumane acts of a similar character intentionally causing great suffering, when committed as part of a widespread or systematic attack directed against any civilian population. Under the Rome Statute, cases can be brought before international courts for judgment—although international cooperation is essential for this to happen.
A factor that hinders preventive measures in these cases is, as Hassan expresses, “the repeated failure of the Burkinabè authorities to prevent and investigate such atrocities.”
Burkina Faso fell under the control of the military after a successful <a href="https://www.jurist.org/news/2022/10/burkina-faso-military-officers-stage-coup-against-junta-leader/">coup d’état</a> in October 2022. Since then, armed groups have continued terror campaigns across the territory which is mostly controlled by insurgents. The political instability and lack of cooperation with international actors are preventing these alleged crimes against humanity from being brought to justice. UN High Commissioner Volker Türk <a href="https://news.un.org/en/story/2024/03/1147851">stated</a> earlier this year that the situation in Burkina Faso “has slipped off the international agenda and the resources made available are totally insufficient to respond to the scale of people’s needs.” His comment follows an <a href="https://www.jurist.org/news/2023/11/hrw-burkina-faso-conscription-plan-to-muzzle-dissent-from-journalists-and-organizations/">increasing</a> number of human rights violations and a humanitarian crisis in the country.
The UN reiterated its call for the international community to consider the needs of Burkina Faso as the situation still develops.
The post <a href="https://www.jurist.org/news/2024/04/burkina-faso-military-forces-execute-at-least-233-civilians-hrw/">Burkina Faso military forces execute at least 233 civilians: HRW</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>Russia vetoes UN resolution to prevent nuclear arms race in outer space</title>
<link>https://www.jurist.org/news/2024/04/russia-vetoes-un-resolution-to-prevent-nuclear-arms-race-in-outer-space/</link>
<dc:creator><![CDATA[Merle Sandhop | Maastricht U. Faculty of Law, NL]]></dc:creator>
<pubDate>Thu, 25 Apr 2024 14:53:42 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[#outerspace]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[ROL - International Justice]]></category>
<category><![CDATA[rol - international organization obligations]]></category>
<category><![CDATA[rol - tech]]></category>
<category><![CDATA[Russia]]></category>
<category><![CDATA[space]]></category>
<category><![CDATA[un]]></category>
<category><![CDATA[United States]]></category>
<category><![CDATA[UnitedNations]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=241680</guid>
<description><![CDATA[Russia vetoed a UN Security Council resolution sponsored by the US and Japan on Wednesday, which called on all nations to contribute to the peaceful use of outer space and to prevent a dangerous nuclear arms race. Furthermore, the resolution would have urged all nations “to refrain from actions contrary to that objective and to […]
The post <a href="https://www.jurist.org/news/2024/04/russia-vetoes-un-resolution-to-prevent-nuclear-arms-race-in-outer-space/">Russia vetoes UN resolution to prevent nuclear arms race in outer space</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
]]></description>
<content:encoded><![CDATA[Russia <a href="https://press.un.org/en/2024/sc15678.doc.htm">vetoed</a> a UN Security Council resolution sponsored by the US and Japan on Wednesday, which called on all nations to contribute to the peaceful use of outer space and to prevent a dangerous nuclear arms race. Furthermore, the resolution would have urged all nations “to refrain from actions contrary to that objective and to the relevant existing treaties in the interest of maintaining international peace and security.”
The draft resolution received thirteen votes in favor, one abstention from China and one vote against from Russia. Since Russia is one of the five permanent members on the UN Security Council, their vote effectively killed the resolution.
The resolution sought to reaffirm the principles set out in the <a href="https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/outerspacetreaty.html">1967 Outer Space Treaty</a>. The Outer Space Treaty—formally known as the Treaty on Principles Governing the Activities of States in the Exploration of Outer Space, Including the Moon and Other Celestial Bodies—is an international agreement that governs activities in outer space. Article Three of the treaty obliges state parties to explore outer space in the interest of maintaining international peace and security. Article Four further compels states to “not place in orbit around the earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction.”
US Ambassador to the UN Linda Thomas Greenfield <a href="https://usun.usmission.gov/explanation-of-vote-on-the-u-s-and-japan-drafted-un-security-council-resolution-preventing-nuclear-weapons-in-outer-space/">called</a> the move by Russia “baffling,” stating that it had vetoed a straightforward resolution. Greenfield said, “And so today’s veto begs the question: Why? Why, if you are following the rules, would you not support a resolution that reaffirms them? What could you possibly be hiding?”
Russia’s UN Ambassador Vasily Nebenzya <a href="https://russiaun.ru/en/news/unsc_nplfn1">dismissed</a> the resolution as “absolutely absurd and politicized.” Nebenzya maintained that Russia “remains committed to its obligations in outer space under international law.” He also announced that Russia plans to submit an alternative draft resolution soon.
The draft resolution was announced after the US <a href="https://www.reuters.com/world/us-believes-russia-developing-space-based-nuclear-weapon-says-source-2024-02-20/">accused</a> Russia in February of developing an anti-satellite nuclear weapon to put in space. This could potentially disrupt everything from military communications to phone-based services, however, it is believed that the satellite is not yet operational. Russian President Vladimir Putin and Russia’s minister of defense have denied the accusations, stating that Russia is against the use of any nuclear weapons in space.
The post <a href="https://www.jurist.org/news/2024/04/russia-vetoes-un-resolution-to-prevent-nuclear-arms-race-in-outer-space/">Russia vetoes UN resolution to prevent nuclear arms race in outer space</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>Peru dispatch: President Boluarte stays silent amid allegations of illicit enrichment</title>
<link>https://www.jurist.org/news/2024/04/peru-dispatch-president-boluarte-stays-silent-amid-allegations-of-illicit-enrichment/</link>
<dc:creator><![CDATA[Samanta Berenice Chavez Quispe | CIED, Facultad de Derecho, U. Nacional de San Antonio Abad del Cusco, PE]]></dc:creator>
<pubDate>Thu, 25 Apr 2024 14:30:05 +0000</pubDate>
<category><![CDATA[Dispatches]]></category>
<category><![CDATA[Boluarte]]></category>
<category><![CDATA[corruption]]></category>
<category><![CDATA[dispatch]]></category>
<category><![CDATA[Peru]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=241733</guid>
<description><![CDATA[Peruvian law students from the Facultad de Derecho y Ciencias Políticas, Universidad Nacional de San Antonio Abad del Cusco are reporting for JURIST on law-related events in or affecting Perú. All of them are from CIED (Centro de Investigación de los Estudiantes de Derecho, a student research center in UNSAAC’s faculty of law dedicated to spreading legal information […]
The post <a href="https://www.jurist.org/news/2024/04/peru-dispatch-president-boluarte-stays-silent-amid-allegations-of-illicit-enrichment/">Peru dispatch: President Boluarte stays silent amid allegations of illicit enrichment</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
]]></description>
<content:encoded><![CDATA[Peruvian law students from the <a href="https://www.unsaac.edu.pe/facultad-de-derecho-y-ciencias-politicas/" target="_blank" rel="noopener">Facultad de Derecho y Ciencias Políticas, Universidad Nacional de San Antonio Abad del Cusco</a> are reporting for JURIST on law-related events in or affecting Perú. All of them are from CIED (<a href="https://ciedderecho.org/" target="_blank" rel="noopener">Centro de Investigación de los Estudiantes de Derecho</a>, a student research center in UNSAAC’s faculty of law dedicated to spreading legal information and improving legal culture through study and research, promoting critical and reflective debate to contribute to the development of the country. Samanta Berenice Chavez Quispe is a law student from UNSAAC and a member of CIED. She files this dispatch from Cusco.
Over two weeks have passed since the last public statement made by the president of Peru, Dina Boluarte. During this time she has been carrying out different errands but away from journalists so as avoid saying anything about the latest events that have arisen in the country, mainly about the alleged commission of the crime of illicit enrichment and omission of documentation by the president of Peru.
President Dina Boluarte wore Rolex watches at different official events, as well as some high-value jewelry, which were not declared to the corresponding institutions. The watches are high-end and have an estimated value of $32,000 and the jewelry has an estimated value of $161,700. In addition to this, the increase in her assets was observed, specifically in her bank accounts and deposits of unknown origin. For all these reasons, the Attorney General’s Office initiated preliminary proceedings for the alleged crimes of illicit enrichment and omission of documentation.
On April 5, the president went to the prosecutor’s office to give her statements about the Rolex case, she was there for 5 hours. Then she went to the government palace and called a press conference, that would be the last statement she gave prior to this writing. At that press conference she changed the version given on March 15 when she mentioned that it was “a jewel of yesteryear, the result of his efforts”; thus declaring on April 5 that the pink watch was a loan from Wilfredo Oscorima (current regional president of Ayacucho).
In the words of Dina Boluarte, on May 31, 2023, Wilfredo Oscorima bought a woman’s pink watch and that same day he entered the government palace at 4 pm to greet the president, and offered her the watch as a gift, but she he rejected it, accepting only a loan, thus implying that the watches were lent; a similar version was told by Werner Salcedo (regional president of Cusco) with watches that were also lent by Oscorima.
With his statement we can see that the crime of illicit enrichment is established, since, in the <a href="https://lpderecho.pe/codigo-penal-peruano-actualizado/">Peruvian Penal Code, article 401</a>, it says: “The official or public servant who, abusing his position, illicitly increases his assets with respect to his legitimate income”, thus indicating that the criminal offense is constituted by the receipt of any benefit or advantage that has an illicit origin. So was a loan of jewelry and watches lawful? No, public officials are prohibited from accepting gifts.
Likewise, <a href="https://www.pj.gob.pe/wps/wcm/connect/a531fc80494ae2c3b04fbefbd73b6f1d/SPP-RC-277-2018-VENTANILLA.pdf?MOD=AJPERES&CACHEID=a531fc80494ae2c3b04fbefbd73b6f1d">in Cassation No. 277-2018, issued in March 2019 by the Permanent Criminal Chamber of the Supreme Court of Justice of Peru</a>, it is detailed that for the configuration of this crime, property is not required just the possession, this jurisprudential criterion is another foundation that clarifies the current situation.
Dina Boluarte is in a complicated situation, since by her own words and actions she would be proving that she committed a crime. In recent years it is not so surprising that public officials commit crimes like this, but it seems that the population is weary of the lack of true justice.
The post <a href="https://www.jurist.org/news/2024/04/peru-dispatch-president-boluarte-stays-silent-amid-allegations-of-illicit-enrichment/">Peru dispatch: President Boluarte stays silent amid allegations of illicit enrichment</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>US Supreme Court hears oral arguments in Idaho abortion ban case</title>
<link>https://www.jurist.org/news/2024/04/us-supreme-court-hears-oral-arguments-in-idaho-abortion-ban-case/</link>
<dc:creator><![CDATA[Lou Kettering | U. Pittsburgh School of Law, US]]></dc:creator>
<pubDate>Thu, 25 Apr 2024 11:49:15 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[Domestic]]></category>
<category><![CDATA[ROL - Reproductive Rights]]></category>
<category><![CDATA[us]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=241661</guid>
<description><![CDATA[The US Supreme Court heard oral arguments Wednesday in the case concerning whether a 1986 federal law preempts Idaho’s near-total abortion ban. The Idaho statute criminalizes performing or attempting to perform an abortion unless not doing so would result in the mother’s death. The Biden administration argues that the Emergency Medical Treatment & Labor Act […]
The post <a href="https://www.jurist.org/news/2024/04/us-supreme-court-hears-oral-arguments-in-idaho-abortion-ban-case/">US Supreme Court hears oral arguments in Idaho abortion ban case</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[The US Supreme Court <a href="https://www.c-span.org/video/?534916-1/moyle-v-united-states-oral-arugment">heard</a> <a href="https://www.supremecourt.gov/oral_arguments/argument_transcripts/2023/23-726_2c8f.pdf">oral arguments</a> Wednesday in the case concerning whether a 1986 federal law preempts Idaho’s near-total abortion ban. The Idaho statute <a href="https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch6/sect18-622/">criminalizes</a> performing or attempting to perform an abortion unless not doing so would result in the mother’s death. The Biden administration argues that the <a href="https://www.law.cornell.edu/uscode/text/42/1395dd">Emergency Medical Treatment & Labor Act (EMTALA)</a> preempts the Idaho law. The case is an appeal from a Ninth Circuit decision that <a href="https://www.jurist.org/news/2023/10/us-federal-court-halts-idaho-abortion-ban-again-pending-rehearing/">halted</a> Idaho’s ban.
Attorney Joshua Turner argued on behalf of the petitioners. Turner asserted that states are responsible for licensing doctors and setting the scope of their professional practice and that the Biden administration misreads EMTALA. Justices Elena Kagan and Ketanji Brown Jackson wrestled with Turner on the scope of EMTALA and what it tells hospitals to do. 
Justice Sonia Sotomayor pressed Turner on what the Idaho law tells doctors to do in an emergency. Sotomayor also compared the Idaho law with real-life scenarios, including a situation in Florida where a woman was denied medical care when she was experiencing pregnancy complications because the doctors could not conclude that she would die from the complication. The next day, the woman experienced bleeding, and doctors treated her because she could have died from the bleeding. Justice Amy Coney Barrett also asked how the Idaho law would impact a woman in this scenario.
Solicitor General Elizabeth Prelogar argued on behalf of the US. Prelogar asserted that Idaho cannot criminalize the medical care that EMTALA requires. Justice Samuel Alito asked Prelogar how EMTALA’s standard of care impacts women at different stages of their pregnancy differently. Additionally, Alito had Prelogar define several terms with EMTALA to better understand the standard it sets for hospitals treating patients in emergency scenarios, including “serious jeopardy.” Justice Neil Gorsuch questioned Prelogar on the scope of Congress’s <a href="https://constitution.congress.gov/browse/essay/artI-S8-C1-2-1/ALDE_00013356/#:~:text=Article%20I%2C%20Section%208%2C%20Clause,the%20United%20States%3B%20.%20.%20.">spending power</a> and if this limits EMTALA’s ability to regulate hospitals. Lastly, Chief Justice John Roberts asked Prelogar if EMTALA requires religiously affiliated hospitals to perform abortions, to which Prelogar responded, “No.”
EMTALA sets conditions for hospitals to receive Medicare funds and mandates that hospitals have to “stabilize” patients with emergency conditions in hospitals.
In response to the arguments, the American College of Obstetricians and Gynecologists <a href="https://www.acog.org/news/news-releases/2024/04/leading-medical-organizations-urge-the-supreme-court-not-to-weaken-emtala-protections?utm_medium=social&utm_source=twitter&utm_campaign=acog2024-news">stated</a>:
<blockquote>The Emergency Medical Treatment and Labor Act (EMTALA) plays a critical role in ensuring that patients across the country have access to emergency medical care and lifesaving interventions. For pregnant people, abortion may be the lifesaving intervention needed. It is therefore essential that abortion care be covered by the federal protections afforded by EMTALA. We urge the Supreme Court to preserve EMTALA’s protections for emergency abortion care even in states where abortion is otherwise banned or restricted.</blockquote>
Abortion continues to be a divisive issue in the US since the 2022 US Supreme Court ruling in <a href="https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf">Dobbs v. Jackson Women’s Health Organization</a>. There, the court ruled that abortion was not a constitutional right but a state-level issue, laying the foundation for states to ban abortion entirely or at specific gestational milestones. Earlier this month, Arizona’s Supreme Court <a href="https://www.jurist.org/news/2024/04/arizona-supreme-court-determines-abortion-law-from-1864-is-enforceable/">found</a> that a 159-year-old law prohibiting abortion is enforceable. After this, the Arizona House of Representatives <a href="https://www.jurist.org/news/2024/04/arizona-legislators-chant-shame-after-adjourning-before-discussing-repeal-of-1864-abortion-ban/">erupted</a> into chants of “shame” after Republican members <a href="https://x.com/P_ContrerasAZ/status/1778164788960391577" target="_blank" rel="noopener">voted</a> to adjourn instead of discussing a bill that would repeal the state’s 1864 abortion ban.
The post <a href="https://www.jurist.org/news/2024/04/us-supreme-court-hears-oral-arguments-in-idaho-abortion-ban-case/">US Supreme Court hears oral arguments in Idaho abortion ban case</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>Amnesty International releases report on human rights regression in 2023</title>
<link>https://www.jurist.org/news/2024/04/amnesty-international-releases-report-on-human-rights-regression-in-2023/</link>
<dc:creator><![CDATA[Derren Chan | UBC Law, CA | HKU Law, CN/HK]]></dc:creator>
<pubDate>Thu, 25 Apr 2024 11:24:23 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[#lgbtqrights]]></category>
<category><![CDATA[amnesty international]]></category>
<category><![CDATA[armed conflict]]></category>
<category><![CDATA[artificial intelligence]]></category>
<category><![CDATA[human rights]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[racial equality]]></category>
<category><![CDATA[right to equality]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=241658</guid>
<description><![CDATA[Amnesty International published “The State of the World’s Human Rights” report Wednesday, outlining human rights concerns during 2023 in 155 countries. The report highlighted human rights concerns, which include war crimes, economic crises, climate change, repression of dissents, women and LGBTI people’s rights backslash and online incitement to racial hatred. The report first addressed violations […]
The post <a href="https://www.jurist.org/news/2024/04/amnesty-international-releases-report-on-human-rights-regression-in-2023/">Amnesty International releases report on human rights regression in 2023</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[Amnesty International <a href="https://www.amnesty.org/en/documents/pol10/7200/2024/en/">published</a> “The State of the World’s Human Rights” report Wednesday, outlining human rights concerns during 2023 in 155 countries. The report highlighted human rights concerns, which include war crimes, economic crises, climate change, repression of dissents, women and LGBTI people’s rights backslash and online incitement to racial hatred.
The report first addressed violations of international humanitarian law in armed conflicts from around the world. Parties to armed conflicts, such as Russia’s <a href="https://www.jurist.org/commentary/2022/07/milena-sterio-russia-war-crimes-ukraine/">aggression</a> against Ukraine, both the Sudan Armed Forces and Rapid Support Forces in Sudan’s internal <a href="https://www.jurist.org/news/2023/04/armed-fighting-in-sudan-raises-concern-over-already-precarious-humanitarian-situation-in-the-country/">armed conflicts</a>, the Israeli authorities, Hamas and other Palestinian armed groups in the <a href="https://www.jurist.org/news/2024/02/un-report-calls-for-accountability-for-violations-of-international-law-in-israel-and-palestine/">Israel-Hamas conflict</a>, <a href="https://www.jurist.org/news/2024/04/un-human-rights-council-calls-for-aviation-fuel-embargo-against-myanmar/">Myanmar’s military</a>, had adopted indiscriminate attack strategies against populated areas. Global conflicts and civilian bloodshed were elevated by government support from developed countries such as the US, the EU, and China. Callamard stated that conflicts on multiple fronts have “tossed us back to the pre-1948 era” where the world had once declared a “never again” promise after the end of the Second World War.
Amnesty International also observed an intensified backlash in the right to equality from around the world, evident by women’s rights deterioration in <a href="https://www.jurist.org/commentary/2024/02/the-talibans-approach-to-international-law-could-determine-the-legal-status-of-their-regime/">Afghanistan</a> perpetuated by the Taliban official decrees that remove women from the public sphere and 15 states in the US <a href="https://www.jurist.org/news/2024/04/trump-trumpets-overturning-of-roe-accuses-democrats-of-post-birth-killing-schemes-and-urges-national-unity-in-abortion-statement/">implemented</a> abortion limitations. Climate activists and defenders of economic and social rights were repressed and targeted. LGBTI rights were outlawed or diminished in various countries, including the UK, Uganda, Ghana, Bulgaria and India, representing a new wave of LGBTI rights repression.
Technological advancement also amplified the deterioration of human rights. States increasingly adopt facial recognition technologies to aid the policing of public protests and border enforcement against migrants and refugees. Generative AI tools were also used to perpetuate racist policies and intensified online incitement of racial hatred against Palestinian, Jewish and Muslim communities. Generative AI tools have also enabled the spread of misinformation and curtailed free speech in armed conflict contexts.
Nonetheless, Secretary General Dr Agnès Callamard <a href="https://www.amnesty.org/en/latest/research/2024/04/secretary-general-reflections-state-of-human-rights/">said</a> 2023 also witnessed an unprecedented global solidarity against regression.
Despite the rise of authoritarian practices and international law violations, people are unified to march, protest and petition for a more hopeful future. The youth-led Fridays For Future movement, Taiwan’s #MeToo movement and protests to demand the right to abortion in the US, El Salvador and Poland signalled people’s strong desires for human rights. Callamard said that the burden is on governments to show they are listening.
The post <a href="https://www.jurist.org/news/2024/04/amnesty-international-releases-report-on-human-rights-regression-in-2023/">Amnesty International releases report on human rights regression in 2023</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>US federal agency bans employers from using non-compete clauses</title>
<link>https://www.jurist.org/news/2024/04/us-federal-agency-bans-employers-from-using-non-compete-clauses/</link>
<dc:creator><![CDATA[Sean Nolan | Southwestern Law School, US]]></dc:creator>
<pubDate>Thu, 25 Apr 2024 11:16:35 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[Domestic]]></category>
<category><![CDATA[Federal Trade Commission]]></category>
<category><![CDATA[ftc]]></category>
<category><![CDATA[noncompete clauses]]></category>
<category><![CDATA[rol - workers rights]]></category>
<category><![CDATA[United States]]></category>
<category><![CDATA[us]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=241659</guid>
<description><![CDATA[The US Federal Trade Commission (FTC) announced a rule Tuesday banning employers from using non-compete clauses in worker’s employment contracts. Non-compete clauses are portions of language in employment contracts that restrict an employee from working in a certain sector of business or for certain employers after their contract with their current employer ends. The rule, […]
The post <a href="https://www.jurist.org/news/2024/04/us-federal-agency-bans-employers-from-using-non-compete-clauses/">US federal agency bans employers from using non-compete clauses</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[The US Federal Trade Commission (FTC) <a href="https://www.ftc.gov/news-events/news/press-releases/2024/04/ftc-announces-rule-banning-noncompetes">announced</a> a rule Tuesday banning employers from using non-compete clauses in worker’s employment contracts. Non-compete clauses are portions of language in employment contracts that restrict an employee from working in a certain sector of business or for certain employers after their contract with their current employer ends.
The rule, which was <a href="https://www.jurist.org/news/2023/01/us-federal-trade-commission-proposes-noncompete-clause-ban/">first proposed</a> in January 2023, “provides that it is an unfair method of competition—and therefore a violation of [the Federal Trade Commission Act]—for persons to…enter into non-compete clauses…with workers on or after final rule’s effective date.” The rule allows existing non-competes to “remain in force” for senior executives while invalidating others as of the rule’s effective date. Senior executives are <a href="https://www.cnn.com/2024/04/23/success/ftc-bans-non-compete-clauses/index.html">defined</a> in the rule as employees making more than $151,164 a year who hold key “policy making positions” in a company.
The <a href="https://www.ftc.gov/about-ftc/mission/enforcement-authority">Federal Trade Commission Act</a> was passed in 1914 along with the <a href="https://www.law.cornell.edu/wex/clayton_antitrust_act">Clayton Anti-Trust Act</a> to protect consumers and monitor competition between businesses. The legislation proscribed “unfair and deceptive acts and practices” among businesses and created government agencies to interpret and enforce the many provision within the bill and its amendments. The agency specifically cited Section 5, concerning “unfair methods of competition,” in justifying the new rule.
FTC Chair Lina Khan further explained:
<blockquote>Noncompete clauses keep wages low, suppress new ideas, and rob the American economy of dynamism, including from more than 8,500 new startups that would be created a year once noncompetes are banned…The FTC’s final rule to ban noncompetes will ensure Americans have the freedom to pursue a new job, start a new business, or bring a new idea to market.</blockquote>
The rule also requires employers to inform former employees that they will no longer enforce non-compete clauses. At the same time, it leaves intact non-disclosure agreements and trade secret laws as a means of protecting proprietary knowledge that an employee may have derived from their time at a company.
Non-compete clauses have been <a href="https://www.jurist.org/commentary/2023/02/rebecca-zietlow-13th-amendment-non-compete-clauses-ftc/">criticized</a> as preventing economic mobility and diminishing the bargaining power of workers an issue that has become especially important as the US gig economy has grown.
The post <a href="https://www.jurist.org/news/2024/04/us-federal-agency-bans-employers-from-using-non-compete-clauses/">US federal agency bans employers from using non-compete clauses</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>North Carolina federal judge finds felony disenfranchisement law is unconstitutional</title>
<link>https://www.jurist.org/news/2024/04/north-carolina-federal-judge-finds-felony-disenfranchisement-law-is-unconstitutional/</link>
<dc:creator><![CDATA[Sonja Rzepski | Vermont Law & Graduate School, US]]></dc:creator>
<pubDate>Thu, 25 Apr 2024 10:17:27 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[#civilliberties]]></category>
<category><![CDATA[#civilrights]]></category>
<category><![CDATA[#votinglaws]]></category>
<category><![CDATA[#votingrights]]></category>
<category><![CDATA[Domestic]]></category>
<category><![CDATA[felon voting rights]]></category>
<category><![CDATA[North Carolina]]></category>
<category><![CDATA[rol - discrimination/inequality]]></category>
<category><![CDATA[rol - elections/voting]]></category>
<category><![CDATA[rol-Race]]></category>
<category><![CDATA[us]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=241667</guid>
<description><![CDATA[A federal judge in North Carolina found on Monday that the state’s 147-year-old voting law is unconstitutional. US District Judge Loretta Biggs found that the since-amended state law, which prevented convicted felons from casting a vote, violates the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment of the US Constitution. The […]
The post <a href="https://www.jurist.org/news/2024/04/north-carolina-federal-judge-finds-felony-disenfranchisement-law-is-unconstitutional/">North Carolina federal judge finds felony disenfranchisement law is unconstitutional</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[A federal judge in North Carolina <a href="https://assets.law360news.com/1828000/1828537/https-ecf-ncmd-uscourts-gov-doc1-13314306667.pdf">found</a> on Monday that the state’s 147-year-old voting law is unconstitutional. US District Judge Loretta Biggs found that the since-amended state law, which prevented convicted felons from casting a vote, violates the Equal Protection Clause and the Due Process Clause of the <a href="https://constitution.congress.gov/constitution/amendment-14/">Fourteenth Amendment</a> of the US Constitution.
The lawsuit arose when civil rights group North Carolina A. Philip Randolph Institute and Action challenged the <a href="https://www.ncleg.gov/enactedlegislation/statutes/pdf/bysection/chapter_163/gs_163-275.pdf">statute</a> from 1877, saying it was written with the intent to exclude Black people from voting and continues to have a disproportionately discriminatory impact. The law made it a serious crime for someone to vote while still on probation or parole for a felony conviction.
The court opinion cited language from the Jim Crow-era legislation, which said its purpose was to “restore the ‘purity of the ballot’ and guard’ against certain characteristics of [the black] race.'” Biggs commented that the state made “an extraordinary and telling concession” when it readily admitted that “the historical background from the original enactments of 1877 and 1899 is indefensible.”
During arguments in January, the state argued that the legislation added a “<a href="https://ncleg.gov/Sessions/2023/Bills/Senate/PDF/S747v0.pdf">scienter requirement</a>,” which means prosecutors pursuing the charge of felony voting would have to prove that the individual in question intentionally cast a vote, knowing they were barred from doing so. The vote could not be cast by accident, without knowledge. While this scienter requirement exists in a new law, the 1877 law has not yet been repealed, leading to a potential for some prosecutions to still take place under the old rule without the scienter requirement. After passing the new law with the scienter requirement, the state’s attorneys argued that the lawsuit was moot. Biggs did not agree, however, rejecting the <a href="https://assets.law360news.com/1828000/1828537/north%20carolina%20a.%20philip%20randolph%20institute%20et%20al%20v.%20the%20north%20carolina%20state%20board%20of%20elections,%20et.pdf">recommendation</a> of a magistrate judge who suggested the case should be dismissed.
Additionally, state attorneys claimed the law had been cleansed of its “discriminatory taint” with the passage of North Carolina’s <a href="https://www.ncleg.gov/Laws/Constitution">state constitution</a> in 1971. Biggs said there is no supporting case law showing that changing one law can indirectly cleanse another. 
Executive Director of the North Carolina A. Philip Randolph Institute Melvin Montford also responded: 
<blockquote>A racially discriminatory law is now a relic of the past. It’s sad that in today’s society, we still have laws on the books that specifically discriminate against black voters, even if some people may choose to ignore this reality.</blockquote>
Ultimately, the court found that the portion of the statute without the scienter requirement violates the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment. Biggs also emphasized in her opinion that the statute was unconstitutionally vague and lacking in clear standards to prevent arbitrary enforcement. Additionally, Biggs found the law has been inconsistently applied, leading to confusion for voters who had violated the voting law by mistake.
The Equal Protection Clause mandates that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” Biggs’ opinion emphasized that the 147-year-old North Carolina law disproportionately impacted Black voters. By targeting this specific group, the law violates the principle of equal protection, according to Biggs. She also found that the Due Process Clause demands that laws be clear, predictable and uniformly applied. When a statute fails to meet these standards, it violates due process. Biggs found that the law lacked clarity and consistency. Its vagueness created uncertainty for voters, potentially leading to inadvertent violations.
Earlier this year another US District Judge Thomas Schroeder <a href="https://www.jurist.org/news/2024/01/us-federal-judge-blocks-north-carolina-provision-restricting-same-day-voter-registration/">blocked</a> a different North Carolina voting provision, finding it was unconstitutional. Schroeder found that the law in question unnecessarily tightened restrictions on same-day voter registration. It is possible both cases could still be appealed to a higher court.
The post <a href="https://www.jurist.org/news/2024/04/north-carolina-federal-judge-finds-felony-disenfranchisement-law-is-unconstitutional/">North Carolina federal judge finds felony disenfranchisement law is unconstitutional</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>ECHR rules detention of UN judge breached human rights</title>
<link>https://www.jurist.org/news/2024/04/echr-rules-detention-of-un-judge-breached-human-rights/</link>
<dc:creator><![CDATA[Aimee Woodmass | Newcastle Law School, GB]]></dc:creator>
<pubDate>Wed, 24 Apr 2024 21:25:22 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[Asia]]></category>
<category><![CDATA[europe]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[rol - human rights]]></category>
<category><![CDATA[Türkiye]]></category>
<category><![CDATA[United Nations]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=241649</guid>
<description><![CDATA[The European Court of Human Rights (ECHR) ruled Tuesday that a UN judge was unlawfully detained in Türkiye in 2016. The Turkish court failed to recognise Aydin Sefa Akay’s diplomatic immunity when they arrested and detained him on terrorism charges following a failed coup d’État in 2016. Akay made his application to the ECHR in […]
The post <a href="https://www.jurist.org/news/2024/04/echr-rules-detention-of-un-judge-breached-human-rights/">ECHR rules detention of UN judge breached human rights</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[The European Court of Human Rights (ECHR) <a href="https://hudoc.echr.coe.int/fre#{%22itemid%22:[%22001-233214%22]}">ruled</a> Tuesday that a UN judge was unlawfully detained in Türkiye in 2016. The Turkish court failed to recognise Aydin Sefa Akay’s diplomatic immunity when they arrested and detained him on terrorism charges following a failed coup d’État in 2016.
Akay made his application to the ECHR in December 2016, arguing that his pre trial detention, searches of his home and person breached his human rights and “blatantly disregard[ed]” his diplomatic immunity. The court ruled in Akay’s favour and held Akay should have been “shielded from any form of arrest or detention” due to his diplomatic immunity. Further, his pre trial detention was unlawful and therefore breached Article 5 of the <a href="https://www.echr.coe.int/documents/d/echr/convention_ENG">European Convention on Human Rights</a>, the right to liberty and security. The searches of his house and himself that were conducted also breached Akay’s human rights, namely Article 8, the right to private life.
Akay was originally arrested in Türkiye in the aftermath of a failed military coup in September 2016, when he was placed in pre trial detention on suspicion of being a member of an armed terrorist organisation. Though Akay made applications for his release on grounds of diplomatic immunity, these failed, and his detention was subsequently extended on the grounds that there was sufficient evidence to suspect him as a terrorist. Akay was then charged at first instance in July 2017, receiving a prison sentence of seven and a half years. Following many failed appeals, a 2021 judgement at the Court of Cassation upheld this conviction.
Although this ECHR ruling declared Akay’s pre-trial detention unlawful, he cannot be released from his current prison sentence as the court’s findings only concerned the pre-trial detention. His current deprivation of liberty remains a separate issue. However, following this judgement, Akay is now owed €21,000 ($22,46) in damages and €7,000 ($7,49) in costs and expenses. Türkiye now has a three month period to appeal the decision.
The post <a href="https://www.jurist.org/news/2024/04/echr-rules-detention-of-un-judge-breached-human-rights/">ECHR rules detention of UN judge breached human rights</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>Northern Ireland politician appears in court over alleged historical sex offences</title>
<link>https://www.jurist.org/news/2024/04/northern-ireland-politician-appears-in-court-over-alleged-historical-sex-offences/</link>
<dc:creator><![CDATA[Shannon McKeown-Gilmore | U. Oxford Faculty of Law, GB]]></dc:creator>
<pubDate>Wed, 24 Apr 2024 20:16:27 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[criminal charges]]></category>
<category><![CDATA[Eleanor Donaldson]]></category>
<category><![CDATA[Gavin Robinson]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[Jeffrey Donaldson]]></category>
<category><![CDATA[Newry Magistrates Court]]></category>
<category><![CDATA[Northern Ireland]]></category>
<category><![CDATA[Police Service of Northern Ireland]]></category>
<category><![CDATA[uk]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=241624</guid>
<description><![CDATA[Sir Jeffrey Donaldson, the former leader of the Democratic Unionist Party (DUP), appeared in court on Wednesday charged with 11 historical sex offences. The charges include one of rape, another of gross indecency with a child and nine of indecent assault. His wife, Eleanor Donaldson, is also charged with aiding and abetting these offences. Donaldson […]
The post <a href="https://www.jurist.org/news/2024/04/northern-ireland-politician-appears-in-court-over-alleged-historical-sex-offences/">Northern Ireland politician appears in court over alleged historical sex offences</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[Sir Jeffrey Donaldson, the former leader of the Democratic Unionist Party (DUP), <a href="https://onlineservices.justice-ni.gov.uk/publiccourtlists/">appeared</a> in court on Wednesday charged with 11 historical sex offences. The charges include one of rape, another of gross indecency with a child and nine of indecent assault. His wife, Eleanor Donaldson, is also charged with aiding and abetting these offences.
Donaldson appeared in Newry Magistrates Court alongside his wife. Both only spoke to confirm their names and dates of birth and that they understood the nature of the charges against them. A future court date will now be set for both to enter a formal plea to the charges. Both individuals have been released on strict bail conditions; however, the court lifted the ban on communication between one another. In a letter to DUP party officers, Donaldson <a href="https://www.belfasttelegraph.co.uk/news/courts/ten-questions-answered-regarding-the-sir-jeffrey-donaldson-case/a1131316907.html">confirmed</a> his intention to “strenuously contest” the charges.
Throughout his career, Donaldson has held several high-profile positions within British politics. He has been a member of Parliament since 1997 and has led his party in the House of Commons since 2019. In 2021, he was elected as the leader of the DUP and, most recently, he oversaw the <a href="/news/2024/02/democratic-unionist-party-accepts-uk-governments-proposal-to-restore-northern-ireland-power-sharing-plan/" target="_blank" rel="noopener">recent power-sharing deal</a> which allowed for the restoration of the Northern Irish government. Donaldson <a href="https://mydup.com/news/dup-statement-3">confirmed</a> his resignation from his leadership position upon his arrest.
Both Donaldson and his wife were <a href="/news/2024/03/northern-ireland-dup-leader-sir-jeffrey-donaldson-mp-resigns-amid-sexual-offense-allegations/">arrested</a> on March 28 this year. Interim DUP leader Gavin Robinson said in a <a href="https://x.com/newsoncool/status/1775864795113181658">statement</a> following the arrest of Donaldson that the incident had caused an “incredibly difficult and shocking time…for the community right throughout Northern Ireland.”
Given the seniority of Donaldson within the DUP and the nature of the charges, there has been significant discussion on social media of the case. The Police Service of Northern Ireland has repeatedly <a href="https://x.com/PoliceServiceNI/status/1774023147219534011">cautioned</a> the public about online commentary of the case in order to preserve the anonymity of the victims and to avoid prejudicing any future trial.
The post <a href="https://www.jurist.org/news/2024/04/northern-ireland-politician-appears-in-court-over-alleged-historical-sex-offences/">Northern Ireland politician appears in court over alleged historical sex offences</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>EU Parliament approves ban on products made with forced labour</title>
<link>https://www.jurist.org/news/2024/04/eu-parliament-approves-ban-on-products-made-with-forced-labour/</link>
<dc:creator><![CDATA[Christopher Mwai | University of Embu School of Law, KE]]></dc:creator>
<pubDate>Wed, 24 Apr 2024 19:45:52 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[europe]]></category>
<category><![CDATA[European Parliament]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[rol - forced labour]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=241619</guid>
<description><![CDATA[The EU Parliament on Tuesday approved new regulations prohibiting the sale, import and export of goods made using forced labour. The regulations, were approved by an overwhelming majority, with 555 in favour and six against, and aim to tighten access to EU single market for third countries. According to the press release, the regulations give […]
The post <a href="https://www.jurist.org/news/2024/04/eu-parliament-approves-ban-on-products-made-with-forced-labour/">EU Parliament approves ban on products made with forced labour</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[The EU Parliament on Tuesday <a href="https://www.europarl.europa.eu/news/en/press-room/20240419IPR20551/products-made-with-forced-labour-to-be-banned-from-eu-single-market">approved</a> new regulations prohibiting the sale, import and export of goods made using forced labour. The regulations, were approved by an overwhelming majority, with 555 in favour and six against, and aim to tighten access to EU single market for third countries.
According to the press release, the regulations give member state authorities and the European Commission the ability to investigate suspected use of forced labour, suspicious goods, supply chains and manufacturers. Goods which are proven to have been made using forced labour will be withdrawn from the EU market. In addition the regulations prohibits goods declared to be product of forced labour from selling online in EU member countries.
Forced labour is prohibited under <a href="https://www.echr.coe.int/documents/d/echr/guide_art_4_eng">Article 4</a> of the <a href="https://www.echr.coe.int/documents/d/echr/convention_ENG"> European Convention on Human Right</a>s, which aims to protect against instances of serious exploitation, notwithstanding whether, depending on the circumstances of a case, they are related to human trafficking.
The regulations await approval from the EU council and will then enter into force, a step that is considered as simply a formality. EU member states will start applying the law within 3 years after approval.
Rapporteur for the International Trade committee and activist against forced labour Samira Rafaela stated:
<blockquote>This is a historic day, we have adopted a ground breaking piece of legislation to combat forced labour worldwide. This regulation fosters EU and international cooperation, shifts power from exploiters to consumers and employees and offers possibilities for remedy for victims. It also transforms trade policies into a greener and fairer future. </blockquote>
The move is motivated by growing concerns by EU lawmakers over human right abuses in Xinjiang, a north-eastern region in China, a major cotton producer. China was recently <a href="https://www.reuters.com/world/blinken-says-genocide-xinjiang-is-ongoing-report-ahead-china-visit-2024-04-22/">accused</a> by US Government of committing genocide against Uyghur Muslims native to the Xinjiang region.
The EU joins a list of countries that have put in place forced labour import bans, including <a href="https://www.ropesgray.com/en/insights/alerts/2022/06/complying-with-the-uyghur-forced-labor-prevention-act-a-detailed-compliance-roadmap">United States</a>, Canada and <a href="https://www.ropesgray.com/en/insights/alerts/2023/03/mexico-bans-imports-made-with-forced-labor-in-alignment-with-the-usmca">Mexico</a>, among others.
The post <a href="https://www.jurist.org/news/2024/04/eu-parliament-approves-ban-on-products-made-with-forced-labour/">EU Parliament approves ban on products made with forced labour</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>German authorities arrest aide of EU parliament member on charges of espionage</title>
<link>https://www.jurist.org/news/2024/04/german-authorities-arrest-aide-of-eu-parliament-member-on-charges-of-espionage/</link>
<dc:creator><![CDATA[Kennedy Danagher | U. Limerick School of Law, IE]]></dc:creator>
<pubDate>Wed, 24 Apr 2024 16:45:55 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[arrest]]></category>
<category><![CDATA[China]]></category>
<category><![CDATA[Chinese espionage]]></category>
<category><![CDATA[corruption]]></category>
<category><![CDATA[europe]]></category>
<category><![CDATA[germany]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[rol - corruption/official misconduct]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=241604</guid>
<description><![CDATA[Jian Guo, an aide to an EU parliament member for the far-right Alternative for Germany (AfD), was arrested in Dresden, Germany for espionage, the Federal Prosecutor’s Office announced on Tuesday. Guo was suspected of espionage in breach of Paragraph 1 and Paragraph 2 of Section 99 of the German Criminal Code. The Federal Prosecution stated […]
The post <a href="https://www.jurist.org/news/2024/04/german-authorities-arrest-aide-of-eu-parliament-member-on-charges-of-espionage/">German authorities arrest aide of EU parliament member on charges of espionage</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[Jian Guo, an aide to an EU parliament member for the far-right <a href="https://www.afd.de/">Alternative for Germany (AfD)</a>, was <a href="https://www.generalbundesanwalt.de/SharedDocs/Pressemitteilungen/DE/2024/Pressemitteilung-vom-23-04-2024.html">arrested</a> in Dresden, Germany for espionage, the Federal Prosecutor’s Office announced on Tuesday.
Guo was suspected of espionage in breach of Paragraph 1 and Paragraph 2 of Section 99 of the <a href="https://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html">German Criminal Code</a>. The Federal Prosecution stated Guo is employed at a Chinese secret service and had been sharing information with the intelligence agency relating to negotiations and decisions in the European Parliament. Guo was also accused of spying on Chinese opponents in Germany. The case is currently at the Federal Court of Justice, where the court will decide whether to issue an arrest warrant against Guo or carry out a pre-trial detention.
Wang Wenbin, spokesman for the Ministry of Foreign Affairs of the People’s Republic of China, <a href="http://edinburgh.china-consulate.gov.cn/eng/fyrth/202404/t20240423_11287884.htm">denied</a> allegations of espionage for China and stated the accusations were “malicious smears” and “political manipulation aimed at China”.
Guo works under MEP Maximilian Krah, a member of the European Parliament for the AfD. Krah <a href="https://twitter.com/KrahMax/status/1782695283471626632">said</a> in a statement on X (formerly Twitter) that the espionage accusation is serious and stated if the allegations prove to be true, it would result in the immediate termination of the employment.
Guo’s arrest took place weeks before the 2024 European Parliament elections, <a href="https://elections.europa.eu/en/how-to-vote/de/">set</a> for June 9 by Germany’s federal government. Krah is a top candidate of the AfD for the European Parliament elections in June. The AfD <a href="https://news.yahoo.com/poll-shows-far-afd-still-095634646.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAAKoFMoggC6Gcjax6u9xelYfq0hFDXVt6wVXxAxIiuzniSY9OMYQ8tWNB_ZJfqVjsC3ElteAz7eVNFyKYlCouVFZyIdDnscNfxZaFeETj4hqBfIAKhmii6zIEe4BpbPb6Wrw0BiQwhtWuw2y77bPgzssgeoUIOp4Wte6nZQf_E3V3">ranks highly</a> among German voters, its popularity rose with the increase of concerns over inflation and immigration. The far-right political party has been criticised for its “<a href="https://correctiv.org/aktuelles/neue-rechte/2024/01/10/geheimplan-remigration-vertreibung-afd-rechtsextreme-november-treffen/">remigration plan</a>” which proposes deporting immigrants from Germany. There have been debates on whether the party should be <a href="https://www.sueddeutsche.de/politik/parteien-diskussion-um-afd-verbotsverfahren-haelt-an-dpa.urn-newsml-dpa-com-20090101-240104-99-487330">banned</a> due to being a threat to democracy.
After the arrest, Germany’s Interior Minister Nancy Faeser said in a <a href="https://twitter.com/NancyFaeser/status/1782679383804653707"> statement</a> on X (formerly Twitter) that if the European Parliament is being used to spy for Chinese intelligence services, it would be an attack on European democracy from within the union and stressed that anyone who employs such an employee would be responsible. She added that it is the responsibility of the investigative authorities and the judiciary to investigate the case thoroughly.
The post <a href="https://www.jurist.org/news/2024/04/german-authorities-arrest-aide-of-eu-parliament-member-on-charges-of-espionage/">German authorities arrest aide of EU parliament member on charges of espionage</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>120 arrested at NYU pro-Palestinian encampment as Columbia University shifts to hybrid learning citing safety concerns</title>
<link>https://www.jurist.org/news/2024/04/120-arrested-at-nyu-pro-palestinian-encampment-as-columbia-university-shifts-to-hybrid-learning-amid-safety-concerns/</link>
<dc:creator><![CDATA[William Hibbitts | JURIST Deputy Editorial Director]]></dc:creator>
<pubDate>Wed, 24 Apr 2024 00:35:59 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[Columbia University]]></category>
<category><![CDATA[Domestic]]></category>
<category><![CDATA[NYU]]></category>
<category><![CDATA[rol - discrimination]]></category>
<category><![CDATA[rol - freedom of speech]]></category>
<category><![CDATA[us]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=241579</guid>
<description><![CDATA[A group of 120 protesters were arrested at a pro-Palestinian encampment Monday in front of New York University’s business school, according to NYU student newspaper Washington Square News. The arrests come as Columbia University, citing safety, shifted its classes on its Morningside, Manhattan campus to a hybrid online/in-person format after a protest encampment there became […]
The post <a href="https://www.jurist.org/news/2024/04/120-arrested-at-nyu-pro-palestinian-encampment-as-columbia-university-shifts-to-hybrid-learning-amid-safety-concerns/">120 arrested at NYU pro-Palestinian encampment as Columbia University shifts to hybrid learning citing safety concerns</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[A group of 120 protesters were <a href="https://www.nyu.edu/about/news-publications/news/2024/april/statement-by-nyu-spokesperson-on-gould-plaza-protest.html">arrested</a> at a pro-Palestinian encampment Monday in front of New York University’s business school, according to NYU student newspaper Washington Square News. The arrests come as Columbia University, citing safety, <a href="https://provost.columbia.edu/news/guidelines-teaching-student-accommodations-and-staff-campus">shifted</a> its classes on its Morningside, Manhattan campus to a hybrid online/in-person format after a protest <a href="https://www.columbiaspectator.com/news/2024/04/23/gaza-solidarity-encampment-approaches-one-week-mark-on-south-lawn/">encampment</a> there became the subject of controversy on Thursday after New York Police Department (NYPD) officers were <a href="https://www.jurist.org/commentary/2024/04/mass-arrests-on-columbias-campus-did-the-university-violate-its-own-rules-in-trying-to-uphold-them/">invited</a> onto campus to disperse demonstrators.
Ongoing protests at both universities—and other campuses across the US, such as Yale, where 47 student demonstrators were <a href="https://yaledailynews.com/blog/2024/04/22/live-police-begin-arresting-pro-divestment-protesters-on-beinecke-plaza/">arrested</a> Monday morning—have been fueled by Columbia University President Minouche Shafik’s decision to allow police to campus to dismantle the student encampment, resulting in the mass <a href="https://www.reuters.com/world/us/over-100-pro-palestinian-protesters-arrested-new-yorks-columbia-campus-2024-04-19/">arrest</a> of 108 protesters.
An NYU spokesperson <a href="https://www.nyu.edu/about/news-publications/news/2024/april/statement-by-nyu-spokesperson-on-gould-plaza-protest.html">reported</a> that 50 protesters gathered unannounced in front of the business school on Monday, four days after the Columbia arrests, and that the university only decided to disperse the protest after “additional protesters, many of whom we believe were not affiliated with NYU, suddenly breached the barriers that had been put in place at the north side of the plaza.” The spokesperson added, “This development dramatically changed the situation. We witnessed disorderly, disruptive, and antagonizing behavior that has interfered with the safety and security of our community, and that demonstrated how quickly a demonstration can get out of control or people can get hurt.”
In contrast, the NYU chapter of Students for Justice in Palestine <a href="https://www.instagram.com/p/C6HLjz-uaY5/?hl=en">gave a different account</a> in a press release:
<blockquote>Although NYU barred additional student protesters from entering the encampment, they agreed that faculty would be granted access and that students would be able to leave and return for restroom breaks. Both of these agreements were broken around noon, and around that same time the only exit to the plaza was closed. With encampment participants trapped in the plaza, and hundreds of student protesters dangerously crammed on the sidewalk, many students made the decision to enter the Gaza Solidarity Encampment … There was no disorderly or dangerous “breaching” of the barriers as claimed by the NYU administration.</blockquote>
The demonstrations have sparked concerns about antisemitic incidents and the safety of Jewish students. According to the Columbia Spectator, Columbia/Barnard Hillel Rabbi Elie Buechler <a href="https://www.columbiaspectator.com/news/2024/04/21/rabbi-advises-jewish-students-to-return-home-as-soon-as-possible-following-reports-of-extreme-antisemitism-on-and-around-campus/">wrote</a> in a group chat, “The events of the past few days, especially last night, have made it clear that Columbia University’s Public Safety and the NYPD cannot guarantee Jewish students’ safety in the face of extreme antisemitism and anarchy.” Jonathan Greenblatt of the Anti-Defamation League echoed these sentiments, <a href="https://twitter.com/JGreenblattADL/status/1782397534432117076">saying</a>, “Jewish students have been explicitly threatened, increasingly menaced and physically attacked. Internal agitators and external provocateurs have laid siege to the campus. Public safety officers are incapable or unwilling to help.”
However, a <a href="https://www.instagram.com/p/C6EP7wpuiME/?hl=en&img_index=1">letter</a> composed by Jewish students arrested and suspended as a result of their participation in the Columbia encampment demanded a meeting with the Columbia antisemitism task force off-campus. The students said that their bans from campus denied them the ability to observe Shabbat and claimed that a professor insulted their ancestors by likening the students to concentration camp prisoners who carried out Nazi directives.
The Israel-Hamas War has been raging for six-and-a-half months following Hamas’ <a href="https://www.jurist.org/news/2023/10/israel-dispatch-war-is-officially-declared-against-hamas-after-israel-suffers-the-largest-single-day-death-toll-in-its-history/">October 7</a> attacks, where fighters killed around 1,163 people and took 20 hostages, with <a href="https://www.jurist.org/news/2023/11/israel-families-of-hamas-victims-file-icc-complaint-as-accusations-of-war-crimes-genocide-exchanged/">accusations</a> of <a href="https://www.jurist.org/features/2024/03/29/explainer-why-un-special-rapporteur-believes-israel-hamas-conflict-constitutes-genocide/">genocide</a> being hurled at both belligerents. The UN Secretary-General <a href="https://www.un.org/sg/en/content/sg/statement/2024-02-29/statement-attributable-the-spokesperson-for-the-secretary-general-gaza?_gl=1*1bf2ydj*_ga*MTUxMzYzNDY0My4xNzAyNjU3MzM4*_ga_S5EKZKSB78*MTcxMzkxNDY3Mi4zMi4xLjE3MTM5MTQ2ODAuNTIuMC4w*_ga_TK9BQL5X7Z*MTcxMzkxNDY3Mi4xMDYuMS4xNzEzOTE0Njc4LjAuMC4w">reported</a> that more than 30,000 people have been killed and 70,000 have been injured in Gaza since the start of the conflict.
The post <a href="https://www.jurist.org/news/2024/04/120-arrested-at-nyu-pro-palestinian-encampment-as-columbia-university-shifts-to-hybrid-learning-amid-safety-concerns/">120 arrested at NYU pro-Palestinian encampment as Columbia University shifts to hybrid learning citing safety concerns</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>Brazil supreme court justice sets deadline for social media platform X to explain alleged non-compliance with previous rulings</title>
<link>https://www.jurist.org/news/2024/04/brazil-supreme-court-justice-sets-deadline-for-social-media-platform-x-to-explain-alleged-non-compliance-with-previous-rulings/</link>
<dc:creator><![CDATA[Mitsue Valencia | Facultad de Derecho PUCP, PE]]></dc:creator>
<pubDate>Tue, 23 Apr 2024 21:59:35 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[Latin America/Caribbean]]></category>
<category><![CDATA[rol - elections/voting]]></category>
<category><![CDATA[rol - free expression]]></category>
<category><![CDATA[us]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=241514</guid>
<description><![CDATA[Alexandre de Moraes, a justice of the Brazilian Supreme Court (STF), issued a five-day deadline for the social media platform X (formerly Twitter) to explain its purported failure to fully comply with earlier court orders on Monday. The deadline expires this Friday. This move comes amidst an ongoing investigation into what Brazilian authorities have labeled […]
The post <a href="https://www.jurist.org/news/2024/04/brazil-supreme-court-justice-sets-deadline-for-social-media-platform-x-to-explain-alleged-non-compliance-with-previous-rulings/">Brazil supreme court justice sets deadline for social media platform X to explain alleged non-compliance with previous rulings</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[Alexandre de Moraes, a justice of the Brazilian Supreme Court (STF), <a href="https://portal.stf.jus.br/processos/downloadPeca.asp?id=15366153504&ext=.pdf">issued</a> a five-day deadline for the social media platform X (formerly Twitter) to explain its purported failure to fully comply with earlier <a href="https://www.stf.jus.br/arquivo/cms/noticiaNoticiaStf/anexo/Deciso4874Assinada.pdf">court orders</a> on Monday. The deadline expires this Friday.
This move comes amidst an ongoing investigation into what Brazilian authorities have labeled “milícias digitais” (digital militias). These groups are suspected of disseminating disinformation and inciting criminal activities during the presidency of the far-right former leader, Jair Bolsonaro. As part of this <a href="https://portal.stf.jus.br/noticias/verNoticiaDetalhe.asp?idConteudo=531677&ori=1">investigation</a>, certain accounts have been targeted for blocking, with Moraes overseeing the process.
Among the <a href="https://www.diariodepernambuco.com.br/ultimas/2024/04/moraes-da-5-dias-para-x-se-manifestar-descumprir-de-ordens-judiciais.html">profiles involved</a> in this controversy are those of prominent bloggers aligned with the Bolsonaro administration, including Allan dos Santos and Oswaldo Eustáquio, Senator Marcos do Val (Podemos-ES) and commentators Paulo Figueiredo Filho and Rodrigo Constantino. According to <a href="https://youtu.be/g-eflkkegM0?si=UEjvqGQF16Zk5sDx">findings</a> by federal investigators, the individuals under scrutiny have been utilizing “digital militia” operating outside Brazil’s borders to circumvent compliance with court orders. Investigators assert that this conduct exacerbates the polarization of discourse by promoting extremist viewpoints.
In response to these allegations, representatives of X in Brazil <a href="https://youtu.be/JlIpOfoZKaQ?si=NZl5XYTMZF-eENct">stated</a> that the live broadcasting feature was not enabled for accounts and profiles subject to court-issued blocks or suspensions. Additionally, they disclosed that 161 accounts were blocked at the court’s behest, while 65 were blocked following orders from the Superior Electoral Court (TSE).
Elon Musk, executive director of the social media platform X, finds himself ensnared in the investigation. <a href="https://www.stf.jus.br/arquivo/cms/noticiaNoticiaStf/anexo/PRONUNCIAMENTO_MGM_10.4_caso_TwitterX.pdf">Allegations</a> of “criminal and fraudulent manipulation” and obstruction of justice have been directed toward Musk, leading Brazilian authorities to incorporate him into their inquiry. Musk faces <a href="https://portal.stf.jus.br/noticias/verNoticiaDetalhe.asp?idConteudo=531972&ori=1">accusations</a> of organizing a public campaign of disinformation and disregarding court directives to block specific accounts on his platform.
The post <a href="https://www.jurist.org/news/2024/04/brazil-supreme-court-justice-sets-deadline-for-social-media-platform-x-to-explain-alleged-non-compliance-with-previous-rulings/">Brazil supreme court justice sets deadline for social media platform X to explain alleged non-compliance with previous rulings</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>India’s largest opposition party urges election commission action against Modi’s alleged hate speech</title>
<link>https://www.jurist.org/news/2024/04/indias-largest-opposition-party-urges-election-commission-action-against-modis-alleged-hate-speech/</link>
<dc:creator><![CDATA[Ojjaswini Gupta | National Law U. Sonipat, IN]]></dc:creator>
<pubDate>Tue, 23 Apr 2024 19:56:08 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[India]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[rol - discrimination/inequality]]></category>
<category><![CDATA[rol - elections/voting]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=241512</guid>
<description><![CDATA[The Indian National Congress (INC), the primary opposition party in India, formally lodged complaints with the Election Commission of India on Monday, denouncing Prime Minister Narendra Modi’s remarks delivered during a recent campaign address. The INC accused him of making a divisive remark aimed at heightening communal tensions among the populace and expressed deep concern regarding […]
The post <a href="https://www.jurist.org/news/2024/04/indias-largest-opposition-party-urges-election-commission-action-against-modis-alleged-hate-speech/">India’s largest opposition party urges election commission action against Modi’s alleged hate speech</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[The Indian National Congress (INC), the primary opposition party in India, formally <a href="https://x.com/jairam_ramesh/status/1782369434524413986?s=61">lodged</a> complaints with the Election Commission of India on Monday, denouncing Prime Minister Narendra Modi’s <a href="https://youtu.be/fYqyEzM6184?si=Y2FJG8fcUEPmt9HQ">remarks</a> delivered during a recent campaign address. The INC accused him of making a divisive remark aimed at heightening communal tensions among the populace and <a href="https://twitter.com/asadowaisi/status/1782093295465738259?s=61">expressed</a> deep concern regarding the divisive nature of Modi’s statements, stressing the need for statesmanship and accountability in governmental authority.
Since assuming power in 2014, the Bharatiya Janata Party (BJP), under a Hindu nationalist agenda, has faced recurring accusations of espousing policies and <a href="https://www.jurist.org/news/2024/02/india-hate-lab-reports-surge-in-anti-muslim-hate-speech-incidents-across-india/">rhetoric</a> targeting marginalized communities, notably Muslims, purportedly resulting in a surge of violence and persecution.
Central to the issue is Modi’s pronouncement at a campaign rally in Banswara, Rajasthan, where he alleged that the Congress party’s manifesto advocates for redistributing wealth, specifically to members of the Muslim community. Modi further insinuated that a prospective victory for the Congress in the ongoing election would result in redistributing wealth to individuals identified as “infiltrators” and those with larger families.
“Do you deem it justifiable for your hard-earned resources to be bestowed upon infiltrators?” questioned Modi. The Congress swiftly <a href="https://x.com/pchidambaram_in/status/1782398204497043487?s=61">refuted</a> these claims, claiming that Modi’s assertions were baseless and designed to obfuscate substantive policy discussions.
Furthermore, Congress leaders <a href="https://x.com/kharge/status/1782094944489849026?s=61">deplored</a> Modi’s purported attempt to marginalize minority groups through incendiary language, deeming such tactics antithetical to the foundational principles of secularism and pluralism enshrined within India’s constitutional framework.
The Citizens for Justice and Peace (<a href="https://cjp.org.in/wp-content/uploads/2024/04/For-Website-240422-CJP-Complaint-to-ECI-against-PM-Modi-Speech.pdf">CJP</a>) and Communist Party of India (<a href="https://cjp.org.in/wp-content/uploads/2024/04/CPIML-Complaint-to-ECI-against-Shri.-Narendra-Modi_Letter-by-CPIML.pdf">CPI</a>), as well as about 2200 concerned <a href="https://cjp.org.in/wp-content/uploads/2024/04/complaint-ECI-PM-media-1-Chandru.pdf">citizens</a>, have also submitted complaints to the Election Commission of India condemning Modi’s remarks.
The post <a href="https://www.jurist.org/news/2024/04/indias-largest-opposition-party-urges-election-commission-action-against-modis-alleged-hate-speech/">India’s largest opposition party urges election commission action against Modi’s alleged hate speech</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>US releases 2023 Country Reports on Human Rights Practices</title>
<link>https://www.jurist.org/news/2024/04/us-releases-2023-country-reports-on-human-rights-practices/</link>
<dc:creator><![CDATA[Mahjabeen Khan | Vermont Law & Graduate School, US]]></dc:creator>
<pubDate>Tue, 23 Apr 2024 19:13:30 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[Domestic]]></category>
<category><![CDATA[rol - human rights]]></category>
<category><![CDATA[us]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=241513</guid>
<description><![CDATA[The US Department of State released its annual Country Reports on Human Rights Practices on Monday, amidst the seventy-fifth anniversary of the UN Universal Declaration of Human Rights, or UDHR. The report emphasized “several new commitments, including to renew investments around the world in democracy and human rights, to help protect human rights defenders online, […]
The post <a href="https://www.jurist.org/news/2024/04/us-releases-2023-country-reports-on-human-rights-practices/">US releases 2023 Country Reports on Human Rights Practices</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[The US Department of State released its annual <a href="https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/">Country Reports on Human Rights Practices</a> on Monday, amidst the seventy-fifth anniversary of the <a href="https://www.un.org/en/udhrbook/pdf/udhr_booklet_en_web.pdf">UN Universal Declaration of Human Rights</a>, or UDHR. The report emphasized “several new commitments, including to renew investments around the world in democracy and human rights, to help protect human rights defenders online, and to advance racial and gender justice in the United States.”
The report’s preface highlighted the human rights violations by the regime in Iran in its suppression of <a href="https://www.jurist.org/news/2024/03/un-report-alleges-human-rights-violations-by-iran-government-during-mahsa-amini-protests/">protests</a> and the Taliban’s “systemic mistreatment of and discrimination against Afghanistan’s women and girls.” The report also includes China’s labor violations and alleges genocide of the Muslim minority Uyghurs and other ethnic minorities. Additionally, the report highlighted Cuba’s detention of over a thousand prisoners and their unfair treatment, as well as Nicaragua’s holding of a hundred prisoners in “appalling” conditions was also featured.
The report also detailed Russia’s invasion of Ukraine and its subsequent human rights violations in using “violence against civilians as a deliberate tool of warfare.” The Israel-Hamas conflict also factored heavily in the report and raised “deeply troubling concerns for human rights” as Israel waged war after the <a href="https://www.jurist.org/news/2023/10/israel-dispatch-war-is-officially-declared-against-hamas-after-israel-suffers-the-largest-single-day-death-toll-in-its-history/">October 7</a> attacks by Hamas. The report stated, “We repeatedly have pressed concerns about Palestinian civilians’ access to humanitarian assistance, displacement of the majority of the population of Gaza, and the unprecedented number of journalists killed.”
At Monday’s <a href="https://www.state.gov/secretary-antony-j-blinken-on-the-2023-country-reports-on-human-rights-practices/#:~:text=The%20report%20documents%20atrocities%20reminiscent,genocide%20and%20crimes%20against%20humanity.">press conference</a>, Secretary of State Antony Blinken emphasized that the need for human rights protections for vulnerable groups such as women, LGBTQ+ people and those with disabilities is “as necessary as ever.” Multiple reporters lodged questions at the press conference about reconciling the perceived “double standard” that the US has regarding the way Russia’s invasion of Ukraine and its civilians is treated versus the way Israel has treated Palestinian civilians. One reporter asked what the difference was between Russia’s cutting off of food and fuel to Ukranian civilians and Israel’s cutting off of food and fuel to the people of Gaza. Ultimately, the distinguishing difference came down to the “nature of the conflict” and Russia’s actual targeting of civilians.
Multiple questions about potential violations of the <a href="https://www.state.gov/key-topics-bureau-of-democracy-human-rights-and-labor/human-rights/leahy-law-fact-sheet/">Leahy Law</a> also arose during the conference, including whether Israel’s conduct towards Palestinians rose to the level of prohibiting funds to Israel based on human rights violations. Under the Leahy law, if the Secretary of State finds gross human rights violations, the Department of Defense may not appropriate funds “for any training, equipment, or other assistance.” If human rights are violated and there is a finding of a lack of accountability, then funding can be suspended.
A former Democratic senator from Vermont sponsored the Leahy Law. Current Vermont Senator Bernie Sanders released a <a href="https://www.sanders.senate.gov/press-releases/news-sanders-statement-on-amendment-votes-on-national-security-supplemental/#:~:text=I%20look%20forward%20to%20offering,of%20such%20a%20massive%20package.">statement</a> yesterday about “offering amendments tomorrow to cut billions in offensive military funding to Israel from the proposed national security supplemental package and protect essential humanitarian operations.”
The post <a href="https://www.jurist.org/news/2024/04/us-releases-2023-country-reports-on-human-rights-practices/">US releases 2023 Country Reports on Human Rights Practices</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>Lead prosecutor in Germany’s cum-ex tax fraud scandal steps down</title>
<link>https://www.jurist.org/news/2024/04/lead-prosecutor-in-germanys-cum-ex-tax-fraud-scandal-steps-down/</link>
<dc:creator><![CDATA[Malaika Grafe | Maastricht U. Faculty of Law, NL]]></dc:creator>
<pubDate>Tue, 23 Apr 2024 18:23:57 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[anne brorhilker]]></category>
<category><![CDATA[cum-ex]]></category>
<category><![CDATA[cum-ex scandal]]></category>
<category><![CDATA[europe]]></category>
<category><![CDATA[germany]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[olaf scholz]]></category>
<category><![CDATA[rol - due process/fair trial]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=241503</guid>
<description><![CDATA[Anne Brorhilker announced Monday she was stepping down from her position as head of a team of 30 prosecutors in Cologne, Germany. Brorhilker has been involved in investigating the cum-ex scandal since 2013, which has led to more than 1700 individuals being accused and has resulted in billions of euros in costs. The scandal involved […]
The post <a href="https://www.jurist.org/news/2024/04/lead-prosecutor-in-germanys-cum-ex-tax-fraud-scandal-steps-down/">Lead prosecutor in Germany’s cum-ex tax fraud scandal steps down</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[Anne Brorhilker <a href="https://www1.wdr.de/mediathek/video/sendungen/video-exklusiv-interview-cum-ex-chefermittlerin-spricht-ueber-ihre-kuendigung-100.html">announced</a> Monday she was stepping down from her position as head of a team of 30 prosecutors in Cologne, Germany. Brorhilker has been involved in investigating the <a href="https://www.europarl.europa.eu/cmsdata/158435/2018-11-26%20-%20Information%20paper%20on%20Cum-ex%20-%20Cum-cum.pdf">cum-ex scandal</a> since 2013, which has led to more than 1700 individuals being accused and has resulted in billions of euros in costs.
The scandal involved a share-trading scheme in which investors manipulated a dividend tax loophole to receive multiple reimbursements—more than they would otherwise receive. The fraud case also<a href="https://www.jurist.org/news/2022/08/german-prosecutors-decline-to-investigate-chancellor-in-tax-scandal/"> implicated</a> current Chancellor Olaf Scholz, who was made to testify as a witness in 2022.
In an <a href="https://www1.wdr.de/mediathek/video/sendungen/video-exklusiv-interview-cum-ex-chefermittlerin-spricht-ueber-ihre-kuendigung-100.html">exclusive interview</a> with Westdeustcher Rundfunk (WDR), Brorhilker stated: “I have always put my heart and soul into being a public prosecutor, especially in the area of white-collar crime, but I am not at all satisfied with the way financial crime is prosecuted in Germany.” She claims that Germany’s approach to combating financial crime suffers from structural deficits, citing a lack of cooperation and centralization worsened by the federal system.
When asked about the relationship between these structural deficits and the involvement of senior-level politicians such as Olaf Scholz in the scandal, Brorhilker claimed that the systemic issue of lobbying allows financial institutions to further their interests in legal proceedings. Such lobbying activities are only registered for the Bundestag, the German Parliament, not for ministers or administration.
Brorhilker has announced that she will campaign for such reforms in the fight against financial crime as director of the NGO <a href="https://www.finanzwende.de/ueber-uns/aktuelles/anne-brorhilker-wird-geschaeftsfuehrerin-der-buergerbewegung-finanzwende">Finanzwende</a> in Berlin.
The post <a href="https://www.jurist.org/news/2024/04/lead-prosecutor-in-germanys-cum-ex-tax-fraud-scandal-steps-down/">Lead prosecutor in Germany’s cum-ex tax fraud scandal steps down</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>Ukraine anti-corruption agency accuses food minister of illegally acquiring state-owned land</title>
<link>https://www.jurist.org/news/2024/04/ukraine-anti-corruption-agency-accuses-food-minister-of-illegally-acquiring-state-owned-land/</link>
<dc:creator><![CDATA[Salma Ben Mariem | Faculty of Law and Political Science of Sousse, TN]]></dc:creator>
<pubDate>Tue, 23 Apr 2024 18:06:32 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[corruption]]></category>
<category><![CDATA[europe]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[official misconduct]]></category>
<category><![CDATA[Ukraine]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=241487</guid>
<description><![CDATA[Ukraine’s National Anti-Corruption Bureau of Ukraine (NABU) on Tuesday announced that it had exposed a scheme to illegally acquire state-owned land worth $7 million between 2017 and 2021 led by a criminal group involving the country’s Minister of Agrarian Policy and Food, Mykola Solsky. The NABU didn’t openly name the Ukrainian minister but said the […]
The post <a href="https://www.jurist.org/news/2024/04/ukraine-anti-corruption-agency-accuses-food-minister-of-illegally-acquiring-state-owned-land/">Ukraine anti-corruption agency accuses food minister of illegally acquiring state-owned land</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
]]></description>
<content:encoded><![CDATA[Ukraine’s <a href="https://nabu.gov.ua/en/about-the-bureau/struktura-ta-kerivnitctvo/istoriya-stanovlennya/">National Anti-Corruption Bureau of Ukraine (NABU)</a> on Tuesday <a href="https://t.me/s/nab_ukraine/2500">announced</a> that it had exposed a scheme to illegally acquire state-owned land worth $7 million between 2017 and 2021 led by a criminal group involving the country’s Minister of Agrarian Policy and Food, Mykola Solsky. The NABU didn’t openly name the Ukrainian minister but said the criminal group included the ex-head of the agrarian committee of the Verkhovna Rada, a current minister, top officials of the State Geocadasre bodies, and people who controlled the activities of these bodies.
According to investigations, Solsky cooperated with several officials of the State Geocadastre bodies to take possession of nearly 2,500 hectares of land in Sumy, a region in the northeast of Ukraine, thanks to a system of misappropriation of official documents. The investigation revealed that the plotters first destroyed official documents that gave two state-owned enterprises the right to use the land permanently. This move paved the way for the regional State Geocadatsre to pass a law on the arbitrary occupation of land plots. Later, the ownership of the plots was transferred to predetermined citizens under the claim of realizing citizens’ right to free land but under the condition of signing an agreement to lease the land to a private agricultural holding before the acquisition.
Implementing this legal arrangement allowed the minister to take possession of over 1000 land plots with a value of more than 291 UAH at the time of the crime. Furthermore, the same suspects attempted to seize an additional 3000 hectares of land, but the timely intervention of NABU detectives and prosecutors prevented it. The NABU stated that it had notified several people involved in this case, including the minister, of their indictments.
Solsky <a href="https://t.me/s/mapfu2022/3179">replied </a>to these accusations in a statement and confirmed that he had received an official notice of suspicion from the NABU. Additionally, he pointed out that between 2017 and 2018, he was neither the Minister of Agrarian and Food Policy of Ukraine nor a public official. Still, he guaranteed maximum openness to establish the truth. Solsky also added that the case is related to an old legal dispute between state-owned enterprises and soldiers that the court resolved.
Over the last few years, Ukraine has adopted a zero-tolerance policy towards corruption, and several cases involving politicians and public officials have been exposed. Earlier this year, the Ukrainian Defence Minister <a href="https://www.jurist.org/news/2024/02/ukraine-defense-ministry-suspends-senior-official-upon-corruption-investigation/">suspended</a> a senior official who was involved in an embezzlement scheme.
The fight against corruption is one of the major <a href="https://www.jurist.org/news/2023/11/ukraine-dispatch-european-commission-recommends-eu-begin-accession-talks-with-ukraine/">conditions</a> the 27 European states laid down to approve Ukraine’s membership in the EU.
The post <a href="https://www.jurist.org/news/2024/04/ukraine-anti-corruption-agency-accuses-food-minister-of-illegally-acquiring-state-owned-land/">Ukraine anti-corruption agency accuses food minister of illegally acquiring state-owned land</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>Vietnam public security ministry arrests assistant of National Assembly chairman</title>
<link>https://www.jurist.org/news/2024/04/vietnam-public-security-ministry-arrests-assistant-of-national-assembly-chairman/</link>
<dc:creator><![CDATA[Kennedy Danagher | U. Limerick School of Law, IE]]></dc:creator>
<pubDate>Tue, 23 Apr 2024 18:06:11 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[anti-corruption]]></category>
<category><![CDATA[arrest]]></category>
<category><![CDATA[communist party of vietnam]]></category>
<category><![CDATA[International]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=241496</guid>
<description><![CDATA[Vietnam’s Ministry of Public Security on Monday arrested Pham Thai Ha, assistant to the country’s National Assembly chairman. Pham was arrested and detained in Hanoi, Vietnam on charges of “abusing positions and powers to influence others for personal gain,’ according to provisions of Clause 4, Article 358 of the 2015 Penal Code (amended in 2017),” […]
The post <a href="https://www.jurist.org/news/2024/04/vietnam-public-security-ministry-arrests-assistant-of-national-assembly-chairman/">Vietnam public security ministry arrests assistant of National Assembly chairman</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
]]></description>
<content:encoded><![CDATA[Vietnam’s Ministry of Public Security on Monday <a href="https://bocongan.gov.vn/tin-an-ninh-trat-tu/khoi-to-bat-tam-giam-ong-pham-thai-ha-pho-chu-nhiem-van-phong-quoc-hoi-t38695.html">arrested</a> Pham Thai Ha, assistant to the country’s <a href="https://quochoi.vn/en-US/news-events/Pages/new-events.aspx?date=23/4/2024">National Assembly</a> chairman.
Pham was arrested and detained in Hanoi, Vietnam on charges of “abusing positions and powers to influence others for personal gain,’ according to provisions of Clause 4, Article 358 of the <a href="https://lawnet.vn/en/vb/Law-No-100-2015-QH13-criminal-code-4AF41.html">2015 Penal Code</a> (amended in 2017),” the Ministry of Public Security said. The ministry proceeded with prosecuting Ha on Sunday and <a href="https://vksndtc.gov.vn/en/Pages/gioi-thieu.aspx?ItemID=1">the Supreme People’s Procuracy of Vietnam</a> approved this decision on Monday. The ministry also issued search warrants for Ha’s home and place of work.
Pham’s arrest is linked to an extensive <a href="https://cand.com.vn/Vu-an-noi-tieng/nhung-xuc-tu-bach-tuoc-cua-thuan-an-group-i728914/">investigation</a> involving bribery with the Thuận An Group Joint Stock Company (Thuận An Group). Established in 2004, the group is owned by Nguyen Duy Hung and specializes in construction, real estate business and investment. On April 15, 2024, Hung and other senior executives were <a href="https://bocongan.gov.vn/tin-noi-bat/khoi-to-bi-can-06-doi-tuong-lien-quan-den-cac-sai-pham-xay-ra-tai-cong-ty-co-phan-tap-doan-thuan-an-va-cac-don-vi-to-chuc-co-lien-quan-t38621.html">arrested</a> for bribery. Ha’s arrest is part of a wider issue of corruption and power abuse in Vietnam.
Known as the “<a href="https://www.rfa.org/english/commentaries/vietnam-tet-anticorruption-02102024073506.html">Blazing Furnace</a>”, several Vietnamese state officials and well-known executives have been prosecuted or forced to resign. The anti-corruption campaign is led by the Communist Party General Secretary <a href="https://vtv.vn/chinh-tri/tom-tat-tieu-su-dong-chi-nguyen-phu-trong-tong-bi-thu-bch-trung-uong-dang-khoa-xiii-20210131135437289.htm">Nguyen Phu Trong</a>. Since January 2021, 1,400 party organizations have been reprimanded, and just last year, four deputy prime ministers resigned. However, the Blazing Furnace has been met with concerns and some believe that it may <a href="https://thediplomat.com/2024/02/why-vietnams-escalating-anti-corruption-campaign-might-backfire/">remove trust and confidence</a> in the Communist Party’s governance.
Pham was appointed as the National Assembly assistant to Chairman Vương Đình Huệ in May 2022. The National Assembly is Vietnam’s “<a href="https://nghisitre.quochoi.vn/national-assembly-of-vietnam-195230808112723642.htm">highest representation</a>” of the people and an influential authority in the socialist republic. Vương Đình Huệ has been the current chairman of the National Assembly’s Legislature XV since March 13, 2021. Vương has also been Secretary of the Hanoi Party Committee since February 7, 2020.
The post <a href="https://www.jurist.org/news/2024/04/vietnam-public-security-ministry-arrests-assistant-of-national-assembly-chairman/">Vietnam public security ministry arrests assistant of National Assembly chairman</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>Russia border oblast governor reports 120 civilian deaths since start of Ukraine war</title>
<link>https://www.jurist.org/news/2024/04/belgorod-governor-reports-on-civilian-casualties-since-start-of-ukraine-conflict/</link>
<dc:creator><![CDATA[Hannah Fang | HKU Faculty of Law, CN/HK]]></dc:creator>
<pubDate>Tue, 23 Apr 2024 17:42:45 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[europe]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[ROL - war crimes/humanitarian law]]></category>
<category><![CDATA[Russia/FSU]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=241507</guid>
<description><![CDATA[The governor of Russia’s Belgorod Oblast, Vyacheslav Gladkov, revealed on Tuesday in a Telegram video message that 120 civilians have been killed and 651 individuals injured in the area since the outbreak of the war in Ukraine. The Belgorod region is located on the border between Russia and Ukraine. In the video message, Gladkov lamented […]
The post <a href="https://www.jurist.org/news/2024/04/belgorod-governor-reports-on-civilian-casualties-since-start-of-ukraine-conflict/">Russia border oblast governor reports 120 civilian deaths since start of Ukraine war</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
]]></description>
<content:encoded><![CDATA[The governor of Russia’s Belgorod Oblast, Vyacheslav Gladkov, <a href="https://t.me/vvgladkov/6406" target="_blank" rel="noopener">revealed</a> on Tuesday in a Telegram video message that 120 civilians have been killed and 651 individuals injured in the area since the outbreak of the war in Ukraine. <a href="http://council.gov.ru/en/structure/regions/BEL/" target="_blank" rel="noopener">The Belgorod region</a> is located on the border between Russia and Ukraine.
In the <a href="https://t.me/vvgladkov/6406" target="_blank" rel="noopener">video message</a>, Gladkov lamented 20 deaths in a recent accident, including 11 children in Ranino. Furthermore, he disclosed that 651 people, including 51 children, have suffered severe injuries since the war, some of whom have undergone amputations. Gladkov also expressed his concerns for the safety of citizens during the upcoming Orthodox Easter on May 5. He emphasized the need for vigilance, stating that the region remains vulnerable to Ukrainian strikes.
In December 2023, Russia accused Ukraine of employing internationally prohibited <a href="https://www.jurist.org/news/2023/12/russia-accuses-ukraine-of-using-cluster-munitions-in-belgorod-strikes/" target="_blank" rel="noopener">cluster munitions</a> in strikes on Belgorod, resulting in the death of 18 people, including three children, and injuring 108 others. More recently, in January 2024, Russia <a href="https://www.jurist.org/news/2024/01/russia-accuses-ukraine-of-shooting-down-plane-carrying-ukraine-prisoners-of-war-ukraine-accuses-russia/" target="_blank" rel="noopener">accused</a> Ukraine of intentionally shooting down a Russian Military Transport plane carrying 65 Ukrainian Military personnel in the Belgorod region. The incident was allegedly part of a planned exchange of prisoners of war.
According to CNN, the war has taken a toll on <a href="https://edition.cnn.com/2024/04/20/europe/russia-belgorod-impact-ukraine-war-intl-cmd/index.html" target="_blank" rel="noopener">essential services</a> in the region, with shops and eateries closing their doors and food deliveries becoming increasingly sporadic as the situation deteriorates.
In response to the continuous shelling by Ukraine, Russian authorities in March 2024 announced plans to <a href="https://tass.ru/proisshestviya/20281391" target="_blank" rel="noopener">evacuate</a> approximately 9,000 children from the border region. The children will be relocated eastward to Penza, Tambov and Kaluga, as reported by Russian state media TASS.
The post <a href="https://www.jurist.org/news/2024/04/belgorod-governor-reports-on-civilian-casualties-since-start-of-ukraine-conflict/">Russia border oblast governor reports 120 civilian deaths since start of Ukraine war</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>US Supreme Court split on whether to allow broader punishment for people camping in public spaces</title>
<link>https://www.jurist.org/news/2024/04/us-supreme-court-split-on-whether-to-allow-broader-punishment-for-people-camping-in-public-spaces/</link>
<dc:creator><![CDATA[Sonja Rzepski | Vermont Law & Graduate School, US]]></dc:creator>
<pubDate>Tue, 23 Apr 2024 04:26:53 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[camps on public land]]></category>
<category><![CDATA[Domestic]]></category>
<category><![CDATA[encampments]]></category>
<category><![CDATA[Grants Pass]]></category>
<category><![CDATA[homelessness]]></category>
<category><![CDATA[housing crisis]]></category>
<category><![CDATA[oral arguments]]></category>
<category><![CDATA[oregon]]></category>
<category><![CDATA[rol - civil liberties]]></category>
<category><![CDATA[rol - housing]]></category>
<category><![CDATA[scotus]]></category>
<category><![CDATA[shelters]]></category>
<category><![CDATA[unhoused community]]></category>
<category><![CDATA[United States]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=241474</guid>
<description><![CDATA[The US Supreme Court heard oral arguments Monday on whether enforcing public camping ordinances against unhoused people without adequate shelter is cruel and unusual punishment and, therefore, prohibited by the Eighth Amendment to the US Constitution. The case, Grants Pass v. Johnson, originated in southern Oregon. The central question before the court revolves around the […]
The post <a href="https://www.jurist.org/news/2024/04/us-supreme-court-split-on-whether-to-allow-broader-punishment-for-people-camping-in-public-spaces/">US Supreme Court split on whether to allow broader punishment for people camping in public spaces</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[The US Supreme Court heard <a href="https://www.supremecourt.gov/oral_arguments/audio/2023/23-175">oral arguments</a> Monday on whether enforcing public camping ordinances against unhoused people without adequate shelter is cruel and unusual punishment and, therefore, prohibited by the <a href="https://constitution.congress.gov/constitution/amendment-8/">Eighth Amendment</a> to the US Constitution.
The case, <a href="https://www.supremecourt.gov/DocketPDF/23/23-175/275911/20230823153037814_Grants%20Pass%20v.%20Johnson_cert%20petition_corrected.pdf">Grants Pass v. Johnson</a>, originated in southern Oregon. The central question before the court revolves around the city’s ordinances prohibiting unhoused individuals from sleeping in public places. During the two-and-a-half hours of oral arguments, one of the main points discussed was the distinction between status and conduct. In the 1962 case <a href="https://supreme.justia.com/cases/federal/us/370/660/">Robinson v. California,</a> the Supreme Court ruled that it’s unconstitutional for a state to punish someone for being a drug addict (a status) rather than for committing a specific act such as selling drugs (conduct). In this case, the respondents argue that Grants Pass’s ordinances effectively criminalize the status of being unhoused in the city. Justice Elena Kagan supported the argument by stating, “Sleeping is a biological necessity. It’s sort of like breathing. I mean, you could say breathing is conduct, too, but, presumably, you would not think that it’s okay to criminalize breathing in public.” Justice Sonia Sotomayor pointed out, “You don’t arrest babies who have blankets over them. You don’t arrest people who are sleeping on the beach, as I tend to do if I’ve been there a while”, she argued, “only homeless people who sleep outdoors will be arrested.”
Representing the city, Theane Evangelis contended that this case does not involve status but focuses on public camping law violations. They argue that unhoused individuals are punished for their actions, not merely their status. In response to Chief Justice John Roberts’s question, “What if you do not prevail?” the counsel for the city said, “The city’s hands will be tied. It will be forced to surrender its public spaces, as it has been.” The petitioner’s counsel then emphasized, “These are low-level fines and very short jail terms for repeat offenders that are in effect in many other jurisdictions. This is not unusual in any way. It is certainly not cruel.”
The <a href="https://www.jurist.org/news/2024/01/us-supreme-court-to-hear-arguments-on-legality-of-banning-encampments-on-public-land/">legal complaint</a> dates back to 2018, when the plaintiff argued that certain individuals sleeping outside in Grants Pass face citations and fines when no shelters are available, leaving them with no options to rest. In 2020, the district court ruled that the city’s homelessness-related ordinances were unconstitutional. Grants Pass appealed this decision to the 9th Circuit Court, which upheld the decision in a three-judge ruling. The city then appealed to the US Supreme Court. Over this period of time, numerous ordinances have been established in other US cities facing a national housing crisis. Presently the <a href="https://www.supremecourt.gov/DocketPDF/23/23-175/280395/20230925153022862_23-175%20Amicus%20City%20of%20LA%20-%20Final.pdf">city of Los Angeles</a> and <a href="https://www.supremecourt.gov/DocketPDF/23/23-175/302093/20240301172330264_44869%20pdf%20Considine.pdf">24 states</a> have filed amicus briefs in favor of the city of Grants Pass. Most recently Governor DeSantis of Florida signed a <a href="https://www.jurist.org/news/2024/03/florida-governor-signs-law-preventing-homeless-individuals-from-sleeping-in-public-spaces/">bill</a> preventing tent encampments on public land.
Addressing the growing issue of the nation’s housing crisis, the <a href="https://www.huduser.gov/portal/sites/default/files/pdf/2023-AHAR-Part-1.pdf">2023 Annual Homelessness Assessment Report</a> released updated statistics:
On a single night in 2023, roughly 653,100 people – or about 20 of every 10,000 people in the United States were experiencing homelessness. Six in ten people were experiencing sheltered homelessness—that is, in an emergency shelter (ES), transitional housing (TH),or safe haven (SH) program—while the remaining four in ten were experiencing unsheltered homelessness in places not meant for human habitation.
Amongst numerous amicus briefs for the respondents, the <a href="https://www.supremecourt.gov/DocketPDF/23/23-175/306578/20240403115334015_23-175%20Grant%20Pass%20v%20Johnson%20AMICUS%20BRIEF.pdf">ACLU</a> weighed in, “when applied to people with nowhere else to go, the ordinances in this case disproportionately punish unavoidable, life-sustaining, and fundamentally human acts.”
A decision in Grants Pass v. Johnson is expected this summer and could have broad implications for how municipalities can regulate homelessness.
The post <a href="https://www.jurist.org/news/2024/04/us-supreme-court-split-on-whether-to-allow-broader-punishment-for-people-camping-in-public-spaces/">US Supreme Court split on whether to allow broader punishment for people camping in public spaces</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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