Jurist

Jury nullification at issue in federal case

The US Court of Appeals for the Second Circuit on July 27 reinstated a New York law that limits protest near courthouses. The reinstated law, New York Penal Law § 215.50 (7), prohibits people from engaging in conduct "concerning the conduct of a trial being held" within 200 feet of a courthouse. Should someone be found in violation of the law, they could face criminal contempt charges. The case, Picard v. Magliano, concerned activist Michael Picard, who was arrested for distributing "jury nullification" literature outside of a New York courthouse. In 2017, Picard stood outside of the Bronx County Hall of Justice holding a sign that said "Jury Info." Picard had flyers that read "No Victim? No Crime. Google Jury Nullification" and "'One has a moral responsibility to disobey unjust laws' – Martin Luther King Jr." Picard claimed he was not trying to influence juror votes, nor was he aware of "any particular cases in which jurors were being impaneled or serving at the time."

India: high court rejects probe of Adivasi killings

The Supreme Court of India on Juy 14 dismissed a petition seeking an independent investigation into extra-judicial killings of Adivasis, or tribal people, in villages in Chhattisgarh state. The petition charges that state security forces, including the Chhattisgarh Police and affiliated paramilitary groups, were responsible for the deaths of villagers during anti-Naxalite operations that took place in September and October 2009. The petition was filed by Gandhian social activist Himanshu Kumar and 12 relatives of the slain villagers.

Afghanistan: UN report details Taliban abuses

The United Nations Mission in Afghanistan (UNAMA) on July 20 released a report holding the ruling Taliban regime responsible for extrajudicial killings, torture, arbitrary arrests, and inhumane punishments in the first 10 months since they seized power. In total, UNAMA found that Taliban forces engaged in 239 extrajudicial killings, 313 arbitrary arrests and detentions, 46 cases of incommunicado detention, and 73 instances of torture. Most of the incidents targeted former Afghan National Defense & Security Forces (ANDSF) soldiers, officials from the previous government, ISIL-KP members, or National Resistance Front fighters. UNAMA also identified an additional 217 instances of degrading punishments and 118 uses of excessive force against civilians. Finally, Taliban forces also engaged in at least 163 rights violations targeting journalists and 64 targeting human rights defenders.

European Commission sues Hungary over civil rights

The European Commission on July 15 announced that it will sue Hungary in the EU's Court of Justice over an anti-LGBT law and Hungary's refusal to allow a dissident radio station to broadcast. Hungary adopted a law in June 2021 that prevents companies from featuring LGBTQ couples in educational or advertising content intended for children. The legislation was swiftly condemned by EU Commission President Ursula von der Leyen, who later initiated infringement proceedings against Hungary. The Commission's case also concerns Hungary's refusal to renew broadcaster Klubradio's license, taking them off the air. Infringement proceedings were also launched against Hungary in that matter. The Commission charges that "the decisions of the Hungarian Media Council to refuse renewal of Klubradio's rights were disproportionate and non-transparent and thus in breach of EU law." Klubradio is highly critical of Hungarian Prime Minister Viktor Orban's government. Hungary is being sued on the basis of violating the EU's Audiovisual Media Services Directive, e-Commerce Directive and the Charter of Fundamental Rights

Russia detains anti-war opposition activist

Russia's Basmanny District Court of Moscow on July 13 ordered the arrest of opposition politician Ilya Yashin over allegations that he willfully spread "false information" about the Russian military—a charge Yashin denies and human rights organizations call politically motivated. Yashin faces up to 10 years in prison if convicted and will be kept in detention for two months while he awaits trial. A lawyer for Yashin told state news agency TASS that the charge stems from an April 7 Youtube stream in which Yashin discussed Russian forces killing civilians in the Ukrainian city of Bucha, a claim that Russia denies.

North Korea recognizes Donetsk and Luhansk 'republics'

North Korea's government on July 13 recognized two breakaway states claiming independence from internationally-recognized Ukrainian territory. North Korea is the third country to recognize the "Donetsk People's Republic" and "Luhansk People's Republic," after Russia and Syria. On Feb. 22, two days before Russia invaded Ukraine, Moscow recognized the Donetsk and Luhansk "republics," and moved troops to the regions. In controversial 2014 referenda held by rebel authorities, close to 90% of Donetsk voters and 96% of Luhansk voters opted for independence.

Indonesian islanders sue corporation over climate change

Four residents of the Indonesian island of Pulau Pari on July 12 filed a lawsuit against Swiss cement giant Holcim over the effects of climate change on the island. Swiss Church Aid (HEKS), the European Center for Constitutional and Human Rights (ECCHR) and the Indonesian Forum for Environment (WALHI) are backing the suit brought in the Swiss courts. The residents claim that climate change has caused rising tides and devastating floods. One plaintiff, Edi, stated: "I find it very unjust that a handful of people are destroying the environment and are doing so for their own person[al] benefit."

Europe rights court censures Turkey over detained activist

The European Court of Human Rights (ECHR) ruled July 11 that Turkey violated a prior judgement in the case Kavala v. Turkey by keeping activist and philanthropist Osman Kavala in detention. Kavala was arrested in 2017, ostensibly for involvement in the Gezi Park protests in 2013 and an attempted coup d'etat in 2016. Kavala brought a complaint to the ECHR for wrongful detainment and won his case, with the court finding that there was insufficient evidence to prove any criminal intent to "overthrow the government." Turkey was ordered to release Kavala and pay damages. However, upon his release, Kavala was immediately detained again, this time on the charge of "espionage." Kavala was then sentenced to life in prison, and the ECHR opened infringement proceedings to determine whether this new sentence defied their original judgement.

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