JURIST - Paper Chase
EU court rejects MasterCard challenge over fees[JURIST] The European General Court [official website], the EU's second highest court on Thursday rejected [judgment] a challenge by MasterCard [corporate website] over its cross-border credit card fees. The court upheld a decision by the European Commission [official website] that the fees violate EU antitrust rules. The commission welcomed the ruling, but MasterCard expressed disappointment [press releases]:MasterCard balances the interests of both consumers and retailers, so that each party pays its fair share of the costs for the benefits it receives. Today's ruling, if it stands, would upset that sharing and tip the balance decidedly against consumers. It would also... UN panel: Syria government, opposition both violating human rights[JURIST] Both the Syrian government and anti-government groups are killing opponents, torturing children as young as 10 years old and committing other human rights abuses, a UN-appointed group of human rights experts reported [text, PDF] Thursday. The report, issued by the three-member Independent International Commission of Inquiry on Syria, declared that Syrian security forces are predominantly responsible for the violence:Despite the human rights imperative to employ lethal force only as a last resort to protect life, state security forces continued to use lethal force against anti-government demonstrations in Idlib, Homs, Aleppo, Hama, Damascus and Dar'a and in numerous villages throughout... ACLU sues DOJ over surveillance information[JURIST] The American Civil Liberties Union (ACLU) [advocacy website] filed a Freedom of Information Act (FOIA) [official website] lawsuit [complaint, PDF; press release] against the US Department of Justice (DOJ) [official websites] Wednesday seeking information on the use of electronic surveillance tools. At issue are tools called pen registers and trap and trace devices which allow law enforcement to monitor phone calls, emails and websites visited under the Pen Register Act [text]. The attorney general is required to report annually to Congress about its use of these surveillance tools, but the ACLU claims that these reports are incomplete because they... Federal appeals court rules on legal definition of piracy[JURIST] The US Court of Appeals for the Fourth Circuit [official website] ruled Wednesday that the legal definition of maritime piracy [JURIST news archive] includes an armed attack to hijack a ship, even if the attempt is unsuccessful. In one case, the court upheld [opinion, PDF] the convictions and life sentences [JURIST reports] of five Somali pirates who attacked the USS Nicholas [official website] in April 2010. The appeals court rejected their contention that the definition of piracy as defined by the law of nations under 18 USC § 1651 [text] does not include violence or aggression committed on the... Tunisia to extradite Libya ex-PM for trial[JURIST] The Tunisian government announced Tuesday that the country would extradite former Libyan prime minister Al Baghdadi Ali al-Mahmoudi [JURIST news archive], after Libya guaranteed that al-Mahmoudi would have a fair trial. The conditions [Tripoli Post report] that Tunisia set for al-Mahmoudi's extradition to Libya is the guarantee that al-Mahmoudi have the right to a defense and that his human rights are respected. Al-Mahmoudi was the head of government under the regime of Muammar Gaddafi [BBC obituary; JURIST news archive], who was killed last October by opposition forces. Al-Mahmoudi has been in Tunisian custody since his arrest [AP report] in... Bahrain to address human rights record[JURIST] Bahrain informed the UN Human Rights Council (UNHRC) [official website] on Wednesday that it would seek to address its controversial human rights record. Bahrain stated that it would consider several measures [AP report], including ceasing to torture prisoners, releasing political prisoners and joining the International Criminal Court (ICC) [official website]. In total, Bahrain stated that it would consider 176 recommendations submitted by other countries. Bahrain agreed to consider the recommendations as part of its periodic review [materials] as a member of the UNHRC. One of the political prisoners Bahrain has agreed to consider releasing is Abdulhadi Al-Khawaja [BBC profile;... Federal jury finds for Google in dispute with Oracle[JURIST] A federal jury in the US District Court for the Northern District of California [official website] found on Wednesday that Google [corporate website] did not infringe [verdict slip, PDF] Oracle [corporate website] patents. However, the jury split [JURIST report] on the copyright phase of the trial over whether Google's use could be considered "fair use." Oracle alleged that Google's use of Java in its Android OS violated Oracle's patents and copyrights. Oracle sought up to $1 billion in damages. Because the jury split on the copyright issue, Oracle may get the opportunity to retry [Ars Technica report] it, but... Somali pirates sentenced to life in UAE[JURIST] Ten Somali pirates were sentenced to 25 years in prison on Tuesday in the Abu Dhabi Federal Criminal Court of First Instance. The men were convicted of highjacking the MV Arrilah-1, a UAE-owned ship hauling aluminum in the Arabian Sea, in April 2011. The US Fifth Fleet [official website] rescued the ship one day later. In addition to ordering that all arms and ammunition used in the highjacking be confiscated, the court ruled that the 10 pirates would be deported after serving their sentences [WAM report]. A number of countries around the world have been making strides in helping... Pakistan doctor sentenced for helping CIA find Bin Laden[JURIST] A Pakistani doctor was sentenced to 33 years in prison Wednesday for helping the Central Intelligence Agency (CIA) [official website] locate Osama Bin Laden [JURIST news archive]. After a trial lasting two months during which Shakeel Afridi was not afforded the opportunity to defend himself, a tribal court convicted him of treason and spying [CNN report]. Afridi was part of a CIA attempt to gather DNA samples from residents of Bin Laden's Abbattobad compound in an effort to determine whether Bin Laden was present there. US Senators John McCain (R-AZ) and Carl Levin (D-MI) [official websites] released a statement... HRW: China para-police abuse power, overstep authority[JURIST] China's chengguan, a para-police organization charged with enforcing non-criminal administrative regulations, is abusing its power, Human Rights Watch [advocacy website] reported [text, PDF; press release] Wednesday. The report indicated that although the chengguan are not authorized to arrest citizens or use excessive force, they frequently do both. In addition, HRW reported citizens have had their property illegally confiscated by the officers and journalists have been subject to violence and illegal arrest for reporting chengguan abuses. HRW called on the Chinese government to take action to end the abuse:China's leadership should publicly and unambiguously condemn chengguan assaults on and illegal... Catholic dioceses sue US government over employer insurance requirements[JURIST] More than 40 Catholic dioceses and other Catholic institutions around the US filed suits on Monday against the Obama administration, alleging that certain employer insurance requirements issued by the US Department of Health and Human Services (HHS) [official website] violate their right to religious freedom [materials] protected by the first amendment. The mandate in question [HHS press release] was added to the Patient Protection and Affordable Healthcare Act (PPACA) and requires nearly all health insurance plans to cover all FDA-approved drugs, including contraception, sterilization and Plan-B-type drugs, with a narrow exception for some religious institutions. The exception only applies... Russia lawmakers approve stiff new penalties for illegal protests[JURIST] The Russian State Duma [official website, in Russian], the lower house of parliament, gave preliminary approval Tuesday to legislation that would create harsh penalties for participating in illegal protests. The bill, supported by Russian President Vladimir Putin [official website, in Russian], would impose fines [LAT report] up to USD $50,000 for organizers of demonstrations that become violent or exceed the approved number of participants. Critics have called the bill "draconian" and worry that it will stifle freedom of expression. The bill was approved by a vote of 236-207 on the first reading and must still receive final approval next... Accused Somali pirates face trial in Paris court for hostage incident[JURIST] Six accused Somali pirates went on trial in a Paris court Tuesday for taking 30 crew members hostage in 2008 on the ship Le Ponant in the Gulf of Aden. The men could face life in prison [AFP report] if convicted of both kidnapping and theft as a result of seizing the luxury ship, which led to the ransom payment and eventually arrest of the six men in Somalia. French officials caught the men through a helicopter raid [BBC report] which stopped the suspected pirates' vehicle. A search of the vehicle led to the finding of USD $200,000 which... Guatemala judge orders second genocide trial for former dictator[JURIST] A Guatemalan judge ruled Monday that former dictator Efrain Rios Montt will have a second genocide trial for ordering a 1982 massacre which killed 201 people. Judge Carol Patricia Flores found enough evidence [AP report] linking Rios Montt to Las Dos Erres massacre [Reuters] for another genocide trial. The massacre, which took place when about 20 soldiers were ordered to search a village for weapons, was one of the country's deadliest during the 36-year Guatemalan Civil War [GlobalSecurity backgrounder]. Rios Montt's defense lawyer argued that he was not present during the killings and, therefore, cannot be liable [BBC report]... Libya ex-intelligence chief to face trial in Mauritania[JURIST] Former Libyan chief of intelligence Abdullah al-Senussi will face charges of illegally entering the country of Mauritania [Reuters report], an anonymous source told Reuters on Monday. Al-Senussi, who served under Muammar Gaddafi, was arrested [JURIST report] in Mauritania in March. A trial in the country will delay other international efforts to prosecute al Senussi. Libya's National Transitional Council (NTC) [official website, in Arabic], the International Criminal Court (ICC) [official website] and France have all requested custody of al-Senussi. The ICC issued arrest warrants [text, PDF] for al-Senussi in June on charges of murder and persecution for planning attacks on... Egypt court convicts police in absentia for protester deaths[JURIST] An Egyptian court on Tuesday convicted five police officers in absentia for the death of protesters last year and sentenced each to 10 years in prison. The men were charged with killing protesters during the 2011 revolution. The conviction was a victory for victims' families who have seen many police acquitted on similar charges. Nearly 200 police officers and government officials, including former president Hosni Mubarak [Al Jazeera profile; JURIST news archive], have been charged in connection with the deaths of at least 846 protesters, but acquittals have been common. Last week, 14 police officers were acquitted [JURIST report]... Federal appeals court rejects challenge to American Indian trust settlement[JURIST] The US Court of Appeals for the District of Columbia Circuit [official website] on Tuesday rejected [opinion, PDF] a challenge to a $3.4 billion settlement [agreement, PDF] in the American Indian trust [class website; JURIST news archive] class-action lawsuit. Judge Thomas Hogan of the US District Court for the District of Columbia [official website] approved the settlement [JURIST report] last Junethe largest in US government history. Class member Kimberly Craven appealed, claiming an impermissible intra-class conflict. The appeals court rejected her claim:The record, however, fails to confirm either the existence of the purported intra-class conflict or a violation of... Europe rights court rules member states can decide which prisoners can vote[JURIST] The European Court of Human Rights (ECHR) [official website] ruled [judgment] Tuesday that member states have broad discretion in deciding which prisoners should get the right to vote, giving the UK six months to propose amendments to its laws. In the present case [press release, PDF], the court found that there was no violation of Article 3 of Protocol No. 1 of the European Convention on Human Rights [text, PDF] when the Italian government refused to grant the right to vote to a convicted murderer. The UK government was allowed to intervene in the case after the ECHR found... Second Circuit allows CIA to withhold interrogation documents[JURIST] The US Court of Appeals for the Second Circuit [official website] on Monday ruled [opinion, PDF] that the Central Intelligence Agency (CIA) and the Department of Justice (DOJ) [official websites] do not have to release records pertaining to CIA detention and interrogation programs for prisoners in US custody overseas. The unanimous three-judge panel held that certain exemptions under the Freedom of Information Act (FOIA) [text; DOJ materials] shield the agencies from having to release documents sought in a longstanding FOIA request originally filed by American Civil Liberties Union (ACLU) [advocacy website; press release] and other civil liberties groups in... Malaysia opposition leader charged over protest[JURIST] Malaysian opposition leader and former deputy prime minister Anwar Ibrahim [personal profile; JURIST news archive] was charged Tuesday along with two colleagues for violating a government protest ban. They face charges for violating the recently passed Peaceful Assembly Act [text, PDF] by participating in a large-scale demonstration last month to demand electoral reforms. Anwar, who was acquitted of sodomy charges [JURIST report] in January, claims these new charges are politically motivated [AP report] to prevent him from preparing for national elections that may occur next fall. Groups such as Human Rights Watch [advocacy website] have called for the charges... Supreme Court declines to hear appeal of $675,000 damage award for music sharing[JURIST] The US Supreme Court [official website] on Monday denied certiorari [order list, PDF] in Tenenbaum v. Song BMG Music, et al., an appeal by a student who was fined $675,000 by a jury for illegally downloading and sharing 30 songs on the Internet. Chief Justice John Roberts and Justice Breyer abstained from the decision without explanation. The case now goes back [Boston Herald report] to the US District Court for the District of Massachusetts [official website] which has the power to reduce excessive awards under the common law practice of remittitur. The $675,00 verdict was found at one point... Supreme Court rules courts cannot award cost of document translation[JURIST] The US Supreme Court [official website] on Monday ruled 6-3 [opinion, PDF] in Taniguchi v. Kan Pacific Saipan, Ltd. [SCOTUS blog backgrounder] that the cost of translating documents cannot be awarded to the winning party in federal court under 28 USC § 1920(6) [text]. Although it had been common practice for 70 years for federal courts to include people who translate written documents as "interpreters" under § 1920(6), the Supreme Court held that the most natural definition of "interpreter" was one that did oral translation and that the standard was for parties to bear their own litigation costs unless... Supreme Court denies benefits for children conceived after father's death[JURIST] The US Supreme Court [official website] ruled unanimously [opinion, PDF] Monday in Astrue v. Capato [SCOTUSblog backgrounder] that children conceived by in vitro fertilization (IVF) [Medline backgrounder] after a parent's death are not entitled to that parent's social security benefits. Justice Ruth Bader Ginsburg announced the decision, which agreed with the Social Security Administration (SSA) [official website] that an IVF child conceived after death could only inherit benefits if guaranteed by state intestacy law:Just as the Act generally refers to state law to determine whether an applicant qualifies as a wife, widow, husband, widower, child or parent, so in... Supreme Court rules immigrant children cannot rely on parents' immigration status[JURIST] The US Supreme Court [official website] ruled unanimously [opinion, PDF] Monday in Holder v. Gutierrez [SCOTUSblog backgrounder] that an alien must individually satisfy the requirements of 8 USC § 1229b(a) rather than it being imputed on them by a parent. Justice Elena Kagan delivered the opinion of the court, which was simply that the Board of Immigration Appeals [official website] had created a tenable interpretation of the statute.The Board, to be sure, did not highlight the statute's gaps or ambiguity; rather, it read §1229b(a)'s text to support its conclusion that each alien must personally meet that section's durational requirements.... Virginia governor signs voter ID bill[JURIST] Virginia Governor Bob McDonnell [official website] on Friday signed [press release] Virginia's new voter ID legislation [materials] which will require voters to show one form of acceptable identification in order to cast a vote. In addition to signing the bill, the governor issued an executive order [text, PDF] directing the state Board of Elections to send new voter ID cards to all Virginia voters. In a statement, the governor said he believed the new law would help to prevent election fraud and inequality:Every qualified citizen has the right to cast one vote. Not two votes; not zero votes. It...
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