Campaign finance [JURIST news archive] has been a hotly contested issue recently. Two weeks ago, the US Court of Appeals for the Seventh Circuit [official website] struck down [JURIST report] a Wisconsin law that prohibited people from donating more than $10,000 per year to political action committees. In June, the US Supreme Court ruled that an Arizona campaign finance regulation violated the First Amendment [JURIST report]. In May, the US Court of Appeals for the Eighth Circuit [official website] upheld [JURIST report] a Minnesota law that prohibited direct contributions to candidates and affiliated entities. The US District Court for the Southern District of New York [official website] ruled in 2009 that a Connecticut campaign finance law discriminated against minor party candidates [JURIST report] in violation of the First and Fourteenth Amendments.

Apple is involved in litigation all over the world over smart phones and related technology. In December the US International Trade Commission (USITC) [official website] narrowly ruled for Apple [JURIST report] against HTC [corporate website; Bloomberg backgrounder]. Earlier that month, the European Commission for Competition [official website] announced that it would open an investigation [JURIST report] into whether Apple colluded with publishers to increase the price of e-books. Also in December, the US District Court for the Northern District of California [official website] declined to issue a preliminary injunction [JURIST report] against Samsung Electronics [corporate website; Bloomberg backgrounder], as requested by Apple in its suit over Samsung's "Galaxy" line of products. In August more than 26,000 South Koreans joined a class action lawsuit against Apple for collecting users' data without their consent [JURIST report].

Last month, Garzon took the stand to defend his actions [JURIST report] in ordering the probe into crimes committed under Franco. Garzon refused to answer questions [CNN report] posed to him by the prosecution but did answer questions from his defense lawyer. He denied that his investigation was politically motivated, and stated that he was seeking justice for the victims of the alleged crimes. Garzon also rejected the idea that a 1977 amnesty law covers widespread human rights abuses. Garzon's testimony was consistent with his previous statements defending [JURIST report] the validity of the investigation by insisting that he acted within the bounds of the law and appropriately applied the law at all times. Last March, Garzon filed a petition [JURIST report] with the European Court of Human Rights (ECHR) [official website], challenging the 2010 abuse of power charges, for which he was suspended [JURIST report]. Garzon is widely known for using universal jurisdiction [AI backgrounder; JURIST news archive] extensively in the past to bring several high-profile rights cases, including those against Osama bin Laden and former Chilean dictator Augusto Pinochet. Garzon was convicted [JURIST report] on Thursday by the Spanish Supreme Court [official website, in Spanish] on charges of approving illegal wire taps, and was given an eleven year suspension from the judiciary. He is still awaiting a third trial on bribery charges over money he received for seminars conducted in the US.

A District Court judge ruled last week that Texas can begin to enforce the law [JURIST report] immediately, while criticizing the Appeals Court's decision on the grounds that it infringed upon First Amendment rights of doctors. Texas Governor Rick Perry signed the measure into law in May, but it was blocked in August after a challenge [JURIST reports] from the CRR. Laws similar to the Texas law have also been considered in other states. Early this month, the Virginia Senate approved a bill [JURIST report] that would require women seeking an abortion to have an ultrasound before the procedure. In October, a judge for the US District Court for the Middle District of North Carolina issued a preliminary injunction [JURIST report], blocking part of the state's abortion law that required a physician to perform an ultrasound and describe the images to the patient. In March 2010, the Supreme Court of Oklahoma ruled [JURIST report] that a state law imposing broad restrictions on abortion, including the requirement of an ultrasound prior to the procedure, violated that state's constitution.

Amnesty International (AI) [advocacy website] released a report [text, PDF] calling for the prosecution of individuals responsible for war crimes the day before Mercep's arrest. In November 2010, a Croatian court sentenced [JURIST report] six men to 15 to 40 years in prison for their roles in the 2008 killing of a Croatian journalist. In 2008, AI called on the EU to use Croatia's status as a candidate country to ensure that the Croatian government actively investigates and prosecutes [JURIST report] suspected war criminals. AI criticized the slow pace of war crimes investigations, and noted that Croatian courts have mostly focused on crimes allegedly committed by ethnic Serbs even though Croats have also been accused of ethnic-based war crimes.

The UN has been closely monitoring the situation and providing humanitarian relief [UN News Centre report] to victims of the attacks but has called on the South Sudan government to take control of the situation. The Lou Nuers and Murles have been at odds for hundreds of years [VOA report], attacking each others' villages to steal cattle. It is only recently that these raids have become as organized and deadly as the December Lou Nuer attack. Acquisition of deadly weapons, partially due to creation of militias during the country's recent civil war, which resulted in the secession of South Sudan [JURIST report], has taken the violence to a new level, causing heightened concern from the UN and human rights groups.

The OHCHR has consistently called for an end to the violence in Syria and ICC prosecution of Syrian officials. Pillay has addressed the UN Security Council twice to urge ICC prosecutions [JURIST reports]. Human rights groups have also sharply criticized the Syrian government for using violence against its own people. Earlier this week the UN Children's Fund (UNICEF) [official website] claimed that 11 months of violence in Syria has led to the deaths of hundreds of children [JURIST report]. Earlier this month Human Rights Watch (HRW) [advocacy website] accused the Syrian army of torturing children [JURIST report]. In January, UN Secretary-General Ban Ki-Moon [official profile] demanded [JURIST report] that Syrian President Bashar al-Assad [BBC backgrounder] end violence against Syrian civilians. In November, HRW declared that Syrian forces were committing crimes against humanity [JURIST report], including torture and unlawful killings of anti-government protesters. JURIST contributing editor Chibli Mallat argues that a UN Security Council resolution would not have affected meaningful change [JURIST op-ed].

No private child-placing agency shall be required to consider or consent to any placement of a child for foster care or adoption when the proposed placement would conflict with the religious tenets of any sponsor of the agency or other organization or institution with which the child-placing agency is affiliated or associated. ... Refusal of a private child-placing agency to consider or consent to any placement of a child pursuant to this section shall not form the basis of any claim for damages.

Last month an Iowa court ruled [JURIST report] that both same-sex parents' names must be recorded on birth certificates. In October the US Supreme Court [official website] denied certiorari [JURIST report] in Adar v. Smith [backgrounder], in which a same-sex couple asked Louisiana to include both of their names on the birth certificate of their adopted child. In April the Arkansas Supreme Court struck down [JURIST report] a state ban on adoptions by same-sex couples. The Supreme Court of Mexico in August 2010 upheld a Mexico City law [JURIST report] allowing adoptions by same-sex couples. Two years before that, a Florida court ruled that a state statute [JURIST report] preventing same-sex couples from adopting children was unconstitutional.

Uganda faces an ongoing struggle with anti-gay sentiment in the country. In November the Ugandan High Court [official website] sentenced a man to 30 years in prison [JURIST report] for beating to death prominent gay rights activist David Kato. In January 2011 the Ugandan High Court issued a permanent injunction [JURIST report] and awarded damages to three plaintiffs who were among 100 people alleged to be homosexuals by the Ugandan tabloid newspaper, The Rolling Stone. In January 2010 UN High Commissioner for Human Rights Navi Pillay [official profile] criticized the original anti-gay legislation [JURIST report], saying that it could harm Uganda's reputation internationally. In February 2010, US President Barack Obama and Secretary of State Hillary Clinton [official website] publicly denounced the proposed legislation [JURIST report]. Uganda currently criminalizes homosexual behavior [BBC report] with up to 14 years in prison.

These events reflect an alarming pattern of prison violence in the region, which is a direct consequence of—or is aggravated by—among others, poor conditions of detention, including chronic prison overcrowding, the lack of access to basic services such as adequate floor space, potable water, food, health care, and lack of basic sanitary and hygienic standards.

The violence has been linked to overcrowding and poor hygienic conditions [LAT report] in many South American prisons. A report [text, PDF] written by he Washington Office on Latin America and the Transnational Institute [official website] two years ago credits the overcrowding to stricter drug laws throughout South America.

On Saturday Pentagon officials denied a request for an extension [JURIST report] of the filing deadline for pre-trial motions for the alleged 9/11 conspirators. The prisoners' lawyers stated that they needed the extension because of delays in getting security clearance and new restrictions on legal mail between the attorneys and their clients. Lawyers for Guantanamo [JURIST backgrounder] detainees complained [JURIST report] to the Deputy Secretary of Defense for Detainee Affairs in November that the Joint Task Force Guantanamo [official website] was making it impossible to do their jobs and was violating attorney-client privilege by seizing, opening, interpreting, reading and reviewing attorney-client privileged communications. Ali Abdul Aziz Ali and four other suspects were charged [JURIST report] in May with conspiracy, murder in violation of the law of war, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, destruction of property in violation of the law of war, hijacking aircraft, and terrorism for their alleged roles in connection with the 9/11 attacks.

This bill, when first proposed, faced numerous criticism as well as support and initiated a longstanding debate [JURIST report; hearing materials] among judiciary and congressional officials. Supporters argued that the bill would create a more transparent government and secure citizens' right to access governmental materials. On the other spectrum, there was concern that parts of the proceedings could be taken out of context and be abused creating misrepresentations of the court.

The first free election for over four decades will provide an opportunity for Libyans to exercise their democratic rights to participate in a process which will shape the future of their country. UNSMIL remains committed, as mandated by the UN Security Council, to assist and support Libyan national efforts to undertake political dialogue, promote national reconciliation and embark upon the electoral process.

This finalization and adoption of the new electoral law is a significant step for Libya in establishing a democratic system after the end of the Muammar Gaddafi [BBC backgrounder; JURIST news archive] regime and the Libyan conflict [JURIST backgrounder]. Last week, the trial against Gaddafi allies was postponed [JURIST report]. The defense's pleading stated that the trial must be transferred to the civil court because the military court lacked the authority to rule on the issue. The trial will resume on February 15. Last month, Libya was criticized for the allegations of torture and human rights violations [JURIST report]. Although the NTC expressed its commitment to human rights and legal reformation, UN Security Council [official website] was still concerned due to the lack of NTC's control over the revolutionary brigades.

Human Rights Watch is particularly concerned that Iraqi courts admit as evidence confessions obtained under coercion. The government should disclose the identities, locations, and status of all prisoners on death row, the crimes for which they have been convicted, court records for their being charged, tried, and sentenced, and details of any impending executions.

In January UN High Commissioner for Human Rights Navi Pillay [official website] condemned [JURIST report] Iraq's execution of 34 individuals, including two women. All 34 of those executions occurred on a single day for crimes described as terrorism-related offenses. In June HRW expressed concern [JURIST report] about reports that Iraqi police forces had been beating and illegally detaining protesters. Last February, HRW accused military officials [JURIST report] overseen by Iraqi Prime Minister Nuri al-Maliki [BBC profile; JURIST news archive] of running a secret jail in Iraq that is not subject to inspection by international groups and torturing suspects [JURIST news archive] in another detention center.

We agree with the district court that the State should do what it agreed to do: in other words it should adhere to the execution protocol it adopted. As the district court found, whether slight or significant deviations from the protocol occur, the State's ongoing conduct requires the federal courts to monitor every execution on an ad hoc basis, because the State cannot be trusted to fulfill its otherwise lawful duty to execute inmates sentenced to death.

Ohio's death penalty procedures have received consistent attention over the past few years. Last November, Ohio Supreme Court Chief Justice Maureen O'Connor [official website] instructed the state's death panel review committee [JURIST report] that its purpose was to provide "guidance on the current laws on the subject, the practices in other jurisdictions, the date, the costs, and many other aspects associated with the death penalty." The Chief Justice announced the formation of the committee [JURIST report] last September, declaring that it would be responsible for ensuring that the death penalty law is "administered in the most fair, efficient, and judicious manner possible." In March 2010, the Supreme Court refused to stay the execution of an Ohio inmate [JURIST report] who challenged the state's single-drug lethal injection protocol, which was changed [JURIST report] in November 2009 from the previously used three-drug method. Ohio conducted its first execution [JURIST report] using the new method in December 2009. The change in protocol came after the state reviewed its lethal injection practices [JURIST report] following a failed execution in September 2009.

The joint federal-state agreement requires servicers to implement comprehensive new mortgage loan servicing standards and to commit $25 billion to resolve violations of state and federal law, which include the use of "robo-signed" affidavits in foreclosure proceedings; deceptive practices in the offering of loan modifications; failures to offer non-foreclosure alternatives before foreclosing on the borrowers with federally insured mortgages; and filing improper documentation in federal bankruptcy court.

The investigation began [JURIST report] in October 2010 with the forming of a bipartisan group called the Mortgage Foreclosure Multistate Group (MFMG). In June 2010, Countrywide Home Loans, Inc., a subsidiary of Bank of America, reached a $108 million settlement agreement [JURIST report] with the Federal Trade Commission (FTC) [official website] to resolve charges that the subsidiary collected excessive fees from homeowners facing foreclosure. In September 2010, a federal judge refused to dismiss a suit [JURIST report] against American International Group (AIG) [corporate website], and in August, a federal judge rejected a $75 million settlement [JURIST report] between Citigroup and the US Securities Exchange Commission (SEC) [official website] because the two companies misled investors. In 2009, the US Senate [official website] rejected a bill [S 896 materials] that would have aided homeowners in foreclosure [JURIST report] by allowing bankruptcy judges to modify mortgages from lenders that had not already offered better terms to their borrowers.

by misrepresenting the extent to which it maintains and protects the privacy and confidentiality of covered information[,] ... by failing to obtain affirmative consent from users prior to sharing their information with third parties [and] ... by failing to comply with the requirements of a comprehensive privacy program.

Last week, the EU's data protection authorities wrote a letter to Google asking it to delay implementation [JURIST report] of its new privacy policy. Google responded earlier this month to concerns [JURIST report] of US Congressmen about the new policy as well. It responded to 11 questions posed in a letter sent by the Congressmen [JURIST report] in January. Some topics of concern addressed by Google included assurance that no new types of data will be collected, reasons supporting data-sharing between Google products and an explanation of how data can be deleted by users once their accounts are closed. It also assured that it will comply with conditions of its settlement with the FTC.

President Martelly has made Rule of Law one of his top priorities for his mandate, but the implementation of the rule of law requires a sound political action to implement the technical decisions for which diagnoses were made long ago. To rule also means to send political signals. The population needs to see that the Rule of Law prevails in Haiti.

Haiti has been urged numerous times by different organizations to improve its human rights records. Last month the Investigative Magistrate dismissed the charges against Duvalier, reasoning that there are not sufficient legal grounds and that the statute of limitations has expired. In September, AI urged [JURIST report] the Haitian government to prosecute Duvalier after its release of a report [text, PDF] documenting crimes committed during the former president's reign. The findings were the result of an eight-month investigation [JURIST report]. In July, the UN Deputy High Commissioner for Human Rights [official website] Kyung-Wha Kang [official website] pressed Haiti [JURIST report] to establish a system of human rights and equality, especially by speeding up the case against Duvalier. He was accused of crimes against humanity and corruption [JURIST reports] in January of last year.

The Maldives has faced ongoing unrest since the military in January arrested the chief justice of the nation's criminal court, Judge Abdulla Mohamed, after he released a detained opposition leader. Last month, the UN called for Mohamed's release [JURIST report] days after the Maldives Minister of Foreign Affairs [official website] asked the UN to help them resolve [JURIST reports] what they called a judicial system failure. The same week, a group of Maldives lawyers submitted [JURIST report] to the International Criminal Court (ICC) [official website] the case, calling Mohamed's continued detention a violation of the International Convention on the Protection of all Persons against Enforced Disappearance [text]. In the country's first democratic elections in 2008, Nasheed defeated longtime political opponent Maumoon Abdul Gayoon [BBC profile], ending his 30-year rule. During Thursday's street protests, some worried that the violence may have been a coup attempt by Gayoon, but the government has denied such claims [Reuters report].

A second private prosecution against Garzon related to abuse of power charges [JURIST report] began in January and is ongoing. In that case, Garzon is charged with politically motivated corruption in his 2008 investigation of crimes committed under the Franco dictatorship in violation of the 1977 Amnesty Law, which affords amnesty for Franco-era crimes. During the investigation, Garzon ordered [JURIST report] certain government agencies, the Episcopal Conference, the University of Granada and the mayors of four cities to produce the names of people buried in mass graves, as well as the circumstances and dates of their burial. In March, Garzon filed a petition [JURIST report] with the European Court of Human Rights (ECHR) [official website], challenging the 2010 charges of abuse of power. His petition follows the September 2010 decision of the Criminal Chamber of the Spanish Supreme Court, which unanimously confirmed [JURIST report] a lower court order that Garzon abused his power and must face trial. Garzon is widely known for using universal jurisdiction [AI backgrounder; JURIST news archive] extensively in the past to bring several high-profile rights cases, including those against Osama bin Laden and former Chilean dictator Augusto Pinochet.

The UN has expressed similar concern about rising homicide rates in the Central American region of the world. In October of last year, a UN Office on Drugs and Crime (UNODC) [official website] report [JURIST report] found that homicide rates in Central American countries, including El Salvador and Honduras, are reaching a "crisis point." The report found that young men in Central and Southern America, Central and Southern Africa and the Caribbean are at the greatest risk of intentional homicide. In June 2010, the UNODC released a report [JURIST report] detailing the globalization of organized crime and its threat to international security. The report specifically addressed the global economic impact of human and drug trafficking, sale of illicit firearms, piracy, identity theft and the illegal exploitation of natural resources. The report echoed warnings issued by the UNODC [JURIST report] in May 2010, stating that the inadequacies of the current international crime control system are allowing organized crime organizations to gain economic strength.

Medvedev first proposed that the chemical castration procedure be voluntary [JURIST report] in July, but the United Russia [party website, in Russian] party, which holds a majority in parliament had wanted the procedure to be mandatory. In an earlier version of the bill, punishment for sexual crimes committed against children would range from 20 years to life imprisonment [Library of Congress report]. Several countries including South Korea [JURIST report], Canada, Britain, France, Germany, Denmark, Israel, Norway, Sweden, Poland and some US states use the chemical castration process. In his annual address to Parliament [transcript text] last November, Medvedev emphasized the need for measures that protect children, including harsher penalties for those who commit sexual crimes against children.

Criticism of Yemen's handling of the situation with Saleh has been ongoing since the country first announced it would give him complete immunity. Last month Yemen's newly appointed Council of Ministers approved a draft law [JURIST report] to grant Saleh immunity from any charges against him for alleged human rights violations from his time in office. A couple of weeks later, Yemeni officials amended that law [JURIST report] to give Saleh's associates only limited immunity. UN High Commissioner for Human Rights Navi Pillay [official profile] has spoken out against granting immunity [JURIST report] because of concerns that it might be too broad. In April, Saleh agreed to step down [JURIST report] in exchange for immunity. The UN is investigating human rights violations [JURIST report] in Yemen in relation to its handling of pro-democracy protests. Saleh and his party, the General People's Congress (GPC), had caused political tensions that led to the protests through their attempts to remove presidential term limits [JURIST report] and expand their political power.

The Senate Armed Services Committee [official website] on Wednesday finally agreed on a controversial detainee provision of the National Defense Authorization Act for 2012 [SB 1867, PDF] in November that governs the handling and prosecuting of suspected al Qaeda [GlobalSecurity backgrounder] detainees. The provision allows the military to have complete custody and control over terror suspects and grants authority to Attorney General Eric Holder [official website] over whether suspects should be tried in military or civilian courts. Issues of "secret evidence" have been broached in other courts as well. Last year, the UK Supreme Court [official website] ruled [JURIST report] that secret service organizations cannot withhold evidence from opposing parties nor conduct closed trials. The appellants, secret service organizations including MI5 [official website], appealing a May 2010 ruling [JURIST report], requested the creation of a "closed material procedure," saying the disclosure of their evidence to the appellees, former Guantanamo detainees, would be contrary to the public interest. The court rejected this idea, citing the public interest immunity (PII) doctrine as more than suitable for classified information as evidence, and that it was not in the judiciary's power to allow or enforce a new doctrine.

This is truly a historic day in Washington state, and one where I couldn't be more proud. With today's vote, we tell the nation that Washington state will no longer deny our citizens the opportunity to marry the person they love. We tell every child of same-sex couples that their family is every bit as equal and important as all other families in our state. And we take a major step toward completing a long and important journey to end discrimination based on sexual orientation.

Washington is poised to become the eighth jurisdiction in the US to legalize same-sex marriage [US map]. In a similar situation, New Jersey is considering legalizing same-sex marriage soon, although it currently has a civil union system in place. In November, a lawsuit [JURIST report] was allowed to continue in New Jersey, which seeks declaratory and injunctive relief against the state civil union law as a contravention of both the Fourteenth Amendment [Cornell LII backgrounder] and the New Jersey State Constitution. Same-sex marriage has been legalized in New York, Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and the District of Columbia [JURIST reports]. The case for same-sex marriage was recently made by JURIST contributor Kimberly Bennett in Judicial Activism and the Recognition of Same-Sex Marriage [JURIST op-ed].