Wednesday, August 16, 2017

Myanmar court grants bail for editor in defamation case

A court in Myanmar granted bail Friday to a newspaper editor who is being tried under a controversial defamation statute in a telecommunications law. Kyaw Min Swe, chief editor of The Voice Daily, was arrested in June for publishing online a satirical article that allegedly mocked the efforts of the military to reach a peace agreement with ethnic minority groups. His previous requests for bail had been rejected, but during his ninth appearance in court, the judge granted his release on bail of 10 million kyats ($7,000). He was charged under Article 66(D) of the Telecommunications Law, which broadly defines defamation and carries a penalty of up to three years' imprisonment. Rights groups decry the article as a restriction on freedom of expression, but the country's parliament this week turned down a bid to drop the article and decriminalize the offense. One of the newspaper's columnists, Kyaw Zwa Naing, was also arrested on June 2 under Article 66(D), but the charge against him was dropped last month.

Monday, June 19, 2017

Court to hear challenge to speed up California executions

The California Supreme Court will hear arguments Tuesday over a ballot initiative designed to speed up executions that could fundamentally change the way the court handles death penalty appeals. Death penalty opponents are challenging a ballot measure passed by a slim majority of voters in November that aimed to reform a dysfunctional system that hasn't executed a condemned killer in more than a decade. Foes of capital punishment argue that Proposition 66 was unconstitutional because it would take power away from the state's high court to decide how it handles cases and it would disrupt the court system, cost the state more money and undermine the appeals process. If allowed to take effect, the measure would require more lawyers to take death penalty appellate cases, some trial court judges would be assigned appeals and all state appeals would have to be completed in five years, which is about a third of the time it typically takes. With a backlog of 380 death penalty appeals, there's concern judges would be overwhelmed trying to speed through appeals, said Elisabeth Semel, a law professor at University of California, Berkeley, who consulted for death penalty opponents on the case. "There's an enormous ripple effect to that," said Semel, who directs the school's death penalty clinic. "The attention the justices can pay to each individual case is significantly diminished. When you're talking about life and death, that's important." The ballot initiative supported by 51 percent of voters was designed to "mend not end" capital punishment in California, where nearly 750 inmates are on Death Row and only 13 have been executed since 1978. A competing measure to repeal capital punishment lost by a slightly wider margin. Both sides acknowledged the current system is broken.

Philippine lawmakers ask top court to nullify martial law

Philippine opposition lawmakers petitioned the Supreme Court on Monday to review and nullify President Rodrigo Duterte's imposition of martial law in the southern third of the country. The petition filed by six House lawmakers led by Rep. Edcel Lagman said there was no revolution or invasion where public safety required the declaration of martial law and suspension of the writ of habeas corpus. It said the proclamation contained "fatal inaccuracies and falsities." The petitioners said congressional leaders and the majority of lawmakers allied with Duterte were derelict in their constitutional duty by refusing to convene a joint session of Congress to vote whether to revoke the martial law proclamation. Duterte made the declaration May 23 after extremists allied with the Islamic State group laid siege to Marawi city. The declaration lasts through mid-July but could be extended with the consent of Congress. The martial law proclamation said the militants openly attempted to remove that part of the country from its allegiance to the Philippine government by taking over a hospital, establishing several checkpoints in the city, burning down certain government and private facilities, and flying the flag of the Islamic State group in several areas. But the petitioners said the military acknowledged the conflict in Marawi was precipitated by an attempt by troops to capture Isnilon Hapilon, a high-profile militant commander. They also said the claim that militants took over a hospital and Duterte's claim that a local police chief was decapitated both turned out to be wrong.