Jurist

Georgia to appeal immigration law ruling

Georgia Attorney General Sam Olens filed a notice of appeal in the US District Court for the Northern District of Georgia on July 5, stating that he plans to appeal the recent injunction of the state's controversial immigration bill. Judge Thomas Thrash issued a preliminary injunction for the plaintiffs—the American Civil Liberties Union (ACLU), the National Immigration Law Center (NILC) and other rights groups—last week. Thrash granted the injunction request for sections 7 and 8 of HB 87, saying that the plaintiffs would face irreparable harm should the law take effect and that the public interest weighed in favor of issuing the injunction. The bill, which was scheduled to take effect on July 1, allows law enforcement officers to ask about immigration status when questioning suspects in criminal investigations. The law also imposes fines and prison sentences of up to one year for anyone who knowingly transports illegal immigrants during the commission of a crime, and requires businesses to use the federal E-Verify system to check the immigration status of potential employees, providing that workers convicted of using fake identification to gain employment could face up to 15 years in prison and $250,000 in fines. Georgia's appeal will be filed within the week in the US Court of Appeals for the Eleventh Circuit.

UN expert warns new El Salvador law harms judicial independence

UN Rapporteur on the independence of judges and lawyers Gabriela Knaul warned July 2 that a new law in El Salvador requiring its high court to issue unanimous judgments is an "attack" on judicial independence and the separation of powers. The law, passed by the Legislative Assembly and issued by the president (as Decree 743), places requirements on the judgments of the Constitutional Chamber of the Supreme Court. Knaul said that requiring unanimous rulings will harm the judges' ability to function effectively. She stated:

Lebanon tribunal files indictment against Hezbollah members in Hariri case

The UN Special Tribunal for Lebanon (STL) on June 30 released to Lebanese authorities an indictment with four arrest warrants in relation to the assassination of former Lebanese prime minister Rafiq Hariri. The warrants were issued for Mustafa Badreddine, Salim al-Ayyash, Hasan Aineysseh and Asad Sabra, who are alleged members of Hezbollah. Lebanon has 30 days to arrest the suspects before the STL personally summons them and makes the indictment public. In a press conference, Prime Minister Najib Mikati stated that "the indictments, from whatever source, [are] not sentences, and the charges need to contain compelling evidence beyond any doubt, and that every defendant is innocent until proven guilty." Many have interpreted this statement as an indication that Hezbollah members will not be arrested. Although Mikati was endorsed in the election by Hezbollah, he said he will not "take sides."

ICC prosecutor urges Qaddafi aides to implement arrest warrant

International Criminal Court (ICC) chief prosecutor Luis Moreno-Ocampo on June 28 urged personal aides of Libyan leader Moammar Qaddafi to implement the ICC arrest warrants issued the previous day. Moreno-Ocampo called on the aides to arrest Qaddafi, his son Saif al-Islam Qaddafi, the "de facto Prime Minister," and his brother-in-law Abdullah al-Sanussi, the head of intelligence, for alleged crimes against the people of Libya, saying the aides could be "part of the solution."

UN applauds arrest of Guatemala genocide suspect

The UN on June 24 announced its approval of the arrest of a former top Guatemalan military figure accused of genocide, war crimes and crimes against humanity. Gen. Hector Mario López Fuentes, former chief of staff of Guatemalan armed forces from 1982-1983, is accused of directing military attacks against citizens, namely indigenous Mayans. Villages were destroyed and women and girls were systematically raped under his authorization. Fuentes was arrested a week earlier and charged for his involvement in Guatemala's 36-year civil war. Margot Wallstrom, the Secretary-General's Special Representative on Sexual Violence in Conflict, applauded the arrest:

UN secretary general condemns Bahrain for activist sentences

UN Secretary-General Ban Ki-Moon on June 23 condemned a Bahraini court for sentencing 21 human rights advocates, political activists and opposition leaders to harsh punishments. The court sentenced the protestors to lengthy prison sentences, including life terms. Ban urged Bahraini authorities to comply with international human rights obligations such as ensuring the right to due process and a fair trial and permitting the defendants to appeal their sentences. A spokesperson for the secretary-general relayed Ban's sentiments about how Bahraini authorities should proceed:

Federal appeals court allows 9-11 suit against NY-NJ Port Authority

The US Court of Appeals for the Second Circuit on June 21 permitted a lawsuit against the Port Authority of New York and New Jersey (PANYNJ) arising out of the terror attacks of Sept. 11, 2001 to proceed. An electrical substation at the base of 7 World Trade Center (7 WTC) was destroyed when the building collapsed during the aftermath of the 9-11 terror attack. The substation was operated by Con Edison, a company that leased property from the Port Authority. Con Edison brought the action against PANYNJ for negligence in construction and design and breach of contract in 2002, arguing that the diesel fuel tanks PANYNJ had improperly allowed its tenants to use accelerated the building's collapse.

Mexico, Central American countries join challenge to Georgia immigration law

The governments of Mexico and several other countries, along with the Anti-Defamation League filed amicus briefs on June 16 in support of the American Civil Liberties Union (ACLU) class action lawsuit against Georgia's new immigration law. Argentina, Brazil, Chile, Colombia, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Peru all filed briefs in support of the ACLU. In its brief, Mexico said the law will irreparably harm diplomatic interests between the US and Mexico. The suit is scheduled for its first hearing next week, where Judge Thomas Thrash is expected to rule on the ACLU's request for an injunction and Georgia's motion for dismissal.

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