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Myanmar rejects court probe into crimes against Rohingyas
Court Center | 2019/11/13 11:48
Myanmar’s government rejected the International Criminal Court’s decision to allow prosecutors to open an investigation into crimes committed against the Rohingya Muslim minority.

Government spokesman Zaw Htay said at a Friday night press conference that Myanmar stood by its position that the Netherlands-based court has no jurisdiction over its actions. His statement was the first official reaction since the court on Thursday agreed to proceed with the case.

Myanmar has been accused of carrying out human rights abuses on a massive scale in the western state of Rakhine in 2017 during what it described as a counterinsurgency campaign.

Zaw Htay cited a Myanmar Foreign Ministry statement from April 2018 that because Myanmar was not a party to the agreement establishing the court, it did not need to abide by the court’s rulings.

“It has already been expressed in the statement that the investigation over Myanmar by the ICC is not in accordance with international law,” he told reporters in the Myanmar capital Naypyitaw.

The court’s position is that because Myanmar’s alleged atrocities sent more than 700,000 Rohingya fleeing to Bangladesh for safety, it does have jurisdiction since Bangladesh is a party to the court and the case may involve forced deportation.

Last year’s statement charged that the court’s prosecutor, by claiming jurisdiction, was attempting “to override the principle of national sovereignty and non-interference in the internal affairs of other states.”

The 2018 statement also said Myanmar’s position was that it “has not deported any individuals in the areas of concern and in fact has worked hard in collaboration with Bangladesh to repatriate those displaced from their homes.”

However, there still has been no official repatriation of the Rohingya, and human rights activists charge that Myanmar has not established safe conditions for their return.


As ruling nears, immigrant fights for anti-deportation act
Legal Watch | 2019/11/12 04:48
A Mexican immigrant fighting President Donald Trump’s attempt to end a program shielding young immigrants from deportation says he is nervous about the case finally being heard by the U.S. Supreme Court.

Martin Batalla Vidal is a lead plaintiff in one of the cases to preserve the Obama-era program known as Deferred Action for Childhood Arrivals and has seen his name splashed in legal documents since 2016, when he first sued in New York.

The 29-year-old certified nursing assistant at a rehabilitation clinic for traumatic brain injury in Queens, New York, has described the legal journey since then as stressful, with people sending him hateful messages. He has had to sacrifice days at work so he could go to protests, press conferences and meetings with attorneys.

Even with his worries, Batalla Vidal is hopeful immigrants like him will be able to stay in the country.

“I don’t know what is going to happen,” said Batalla Vidal, who lives with his mother, two brothers and a dog in an apartment at the border of Queens and Brooklyn. “Whatever the outcome is, we know that we have fought hard for it and we will continue fighting. I am trying to be positive.”

The nation’s highest court is scheduled to hear oral arguments on the case Tuesday.

The program protects about 700,000 people, often called “Dreamers,” who were brought to the U.S. illegally as children or came with families that overstayed visas.


Gambia takes Myanmar to top UN court over Rohingya campaign
Law Firm Business | 2019/11/10 12:48
Gambia filed a case Monday at the United Nations’ highest court accusing Myanmar of genocide in its campaign against its Rohingya Muslim minority and asking the International Court of Justice to urgently order measures “to stop Myanmar’s genocidal conduct immediately.”

Gambia filed the case on behalf of the Organization of Islamic Cooperation.

Gambia’s justice minister and attorney general, Abubacarr Marie Tambadou, told The Associated Press he wanted to “send a clear message to Myanmar and to the rest of the international community that the world must not stand by and do nothing in the face of terrible atrocities that are occurring around us. It is a shame for our generation that we do nothing while genocide is unfolding right before our own eyes.”

Myanmar officials did not immediately respond to requests for comment.

Myanmar’s military began a harsh counterinsurgency campaign against the Rohingya in August 2017 in response to an insurgent attack. More than 700,000 Rohingya fled to neighboring Bangladesh to escape what has been called an ethnic cleansing campaign involving mass rapes, killings and the torching of homes.

The head of a U.N. fact-finding mission on Myanmar warned last month that “there is a serious risk of genocide recurring.”

The mission also said in its final report in September that Myanmar should be held responsible in international legal forums for alleged genocide against the Rohingya.


Justices take up high-profile case over young immigrants
Legal Watch | 2019/11/07 12:49
The Supreme Court is taking up the Trump administration’s plan to end legal protections that shield 660,000 immigrants from deportation, a case with strong political overtones amid the 2020 presidential election campaign.

All eyes will be on Chief Justice John Roberts when the court hears arguments Tuesday. Roberts is the conservative justice closest to the court’s center who also is keenly aware of public perceptions of an ideologically divided court.

It’s the third time in three years that the administration is asking the justices to rescue a controversial policy that has been blocked by several lower courts.

The court sided with President Donald Trump in allowing him to enforce the travel ban on visitors from some majority Muslim countries, but it blocked the administration from adding a citizenship question to the 2020 census.

Roberts was the only member of the court in the majority both times, siding with four conservatives on the travel ban and four liberals in the census case. His vote could be decisive a third time, as well. With Congress at an impasse over a comprehensive immigration bill, President Barack Obama decided to formally protect people from deportation while also allowing them to work legally in the U.S.

But Trump made tough talk on immigration a central part of his campaign and less than eight months after taking office, he announced in September 2017 that he would end DACA.


Woman accused of disorderly conduct outside Maricopa court
Court Center | 2019/11/04 18:11
Authorities say a woman has been arrested for disorderly conduct after creating a messy situation in the courthouse parking lot in the town of Maricopa.

Police say Tally Leto allegedly poured alcohol into the vehicle of a court client, let the air out of the man's tires and spat on the windows before wiping them off.

The owner of the vehicle didn't want to prosecute Leto. But the court chose to press charges because Leto was on court property in the parking lot.

As a result of being arrested last Monday, Leto failed to appear for her two criminal cases scheduled for later that day at Western Pinal Justice Court.

The Maricopa Monitor reports that the two charges Leto was attending court for were criminal trespassing and disorderly conduct.


Solider said to be Satanist faces court hearing in bomb plot
Court Center | 2019/11/03 01:10
An Army infantry soldier described by a prosecutor as a Satanist hoping to overthrow the U.S. government faces a federal court hearing in a case in which he’s charged with distributing information about building bombs.

The hearing in U.S. District Court in Topeka on Monday comes about five weeks after Jarrett William Smith pleaded not guilty to charges of distributing explosives information and making a threatening interstate communication. His attorneys have argued he was only an internet troll spouting off online.

Smith was a private stationed at Fort Riley, Kansas. He’s accused of providing information about explosives to an FBI undercover agent and with threatening to burn down the house of a far-left-leaning “antifa” member.

Authorities say he also wanted to target a major news organization with a car bomb.



Court Weighing Whether Judge Can Unseal Lynching Records
Press Releases | 2019/10/28 01:11
A historian’s effort to unseal grand jury records from the brazen 1946 lynching of two black couples on a Georgia riverbank prompted tough questions in a federal appeals court, but the judges also suggested there might be another way to win release of the records.

The young black sharecroppers were traveling a rural road in the summer of 1946 when a white mob stopped the car beside the Apalachee River, about 50 miles (80 kilometers) east of Atlanta. The mob dragged them out, led them to the river’s edge and shot them to death in a case that horrified the nation that year.

The FBI investigated for months and more than 100 people reportedly testified before a grand jury, but no one was ever indicted in the deaths of Roger and Dorothy Malcom and George and Mae Murray Dorsey at Moore’s Ford Bridge in Walton County.

Historian Anthony Pitch wrote about the unsolved killings ? “The Last Lynching: How a Gruesome Mass Murder Rocked a Small Georgia Town” ? and continued his research after the book’s 2016 publication. He learned transcripts of the grand jury proceedings, once thought to have been destroyed, were stored by the National Archives.

Pitch, died in June at age 80, before his case could be resolved, but his widow is continuing the fight, along with Laura Wexler, who wrote another book about the lynching and joined the case at the family’s request.



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