Pennsylvania Supreme Court Rules Juvenile Sex Offender Registration Unconstitutional

By Lyndsey Kelly
Impunity Watch Reporter, North America

WASHINGTON D.C., United States of America – In a 5-1 decision the Pennsylvania Supreme Court ruled that the requirement that all sex offenders who were juveniles at the time of their crime must remain on the Megan’s Las Registry for life is unconstitutional. The decision stemmed from a list of juvenile cases in York County. The York County case involved seven males who had committed crimes as teens that ranged from aggravated indecent assault to involuntary deviant sexual intercourse.

PA Supreme Court strikes down juvenile sex offender law

The court declared that the law is unconstitutional because it fails to allow for an appeal and assumed that all juvenile sex offenders posed a risk of reoffending as adults, despite the fact that studies show that just one percent of juvenile offenders commit new crimes as adults.

The Pennsylvania law had required registration for teens 14 years and older found guilty of sex crimes. The law required offenders to report quarterly to state police and report changes of address, job or personal appearance within three days of such action. Additionally, the placement of the registry comes with much public stigma. Only after being on the registry for 25 years, could an offender petition to be removed from the registry, and only if the offender had not committed any other sex crime.

Justice Max Baer wrote in the majority opinion, “[SORNA will] improperly brand all juvenile offenders’ reputations with an indelible mark of a dangerous recidivist. SORNA is the state’s Sex Offender Registration and Notification Act. Justice Baer also stated that the law may have remained in affect if the legislature would have required due-process hearings to examine the potential for rehabilitation before a juvenile was placed on Megan’s list.

The Philadelphia-based Juvenile Law Center, which served as co-counsel on the case, argued that the registry was an added punishment for juvenile offenders, which did little to protect the community.

 

For more information, please see the following:

JAMESTOWN SUN – Pennsylvania High Court Strikes Down Law On Juvenile Sex Offenders – 2 Jan. 2015.

JURIST – Pennsylvania Top Court Strikes Down Law on Juvenile Sex Offenders – 3 Jan. 2015.

PHILLY TRIBUNE – PA. Supreme Court Strikes Down Juvenile Sex Offender Registration– 2 Jan. 2015.

REUTERS – Pennsylvania High Court Strikes Down Law on Juvenile Sex Offender – 2 Jan. 2015.

Australian Inquiries After Sydney Siege

By Max Bartels 

Impunity Watch Reporter, Oceania

 

Canberra, Australia

Prime Minister Tony Abbott has ordered inquiries into the Sydney Siege and the gunman Man Haron Monis who killed two hostages when he seized a Sydney coffee shop and took 18 hostages. Police stormed the coffee shop and killed Monis after he executed one of the hostages. Since the attack there has been much speculation on whether the attack was a terrorist attack by the Islamic State or the actions of one mentally unstable fanatic.

Tony Abbott meets with Australian Defense Forces deployed to the Middle East to participate in the U.S led coalition against ISIS. (Photo curtesy of ABC News)

After the attack a leader of Australia’s Labor Party resigned after it came to light that he wrote a letter of support to Monis back in 2011 over the custody of his children on Father’s Day. The request for custody was granted even though Monis had been charged for sending offensive letters to the families of dead Australian soldiers. Monis’ then wife was murdered two years after the letter was written and Monis was charged with accessory to murder while his girlfriend, Almirah Droudis was arrested for murder. The politician stated that at the time, the letter was just a routine granting of a constituent’s request but its effect on the polls and the loss of the support of his colleagues led him to resign.

Prime Minister Abbott has warned that terrorist chatter regarding attacks on Australia has increased since the Sydney Siege and Australia remains on high alert. The Prime Minister has refused to link the attack in Sydney to the Islamic state or Islam. Monis was previously on the Australian terror watch list but fell off at some unknown point. The attack was committed while Monis was out on bail for the accessory to murder charge.

The Prime Minster continues to support Australian troops fighting in the coalition against the Islamic State. Abbott has stated that fighting the IS threat abroad keeps Australians safer at home. Currently Australia has deployed 200 special forces personnel to Iraq to assist in training the Iraqi military as well as about 400 other personnel, including fighter jets to aide in the airstrikes against IS assets in Iraq and Syria. Abbott has not ruled about expanding Australia’s contribution and role in the U.S led coalition.

For more information, please see:

The Telegraph — Australian MP Resigns Over Letter of Support for Sydney Siege Gunman — 23 December 2014

The Daily Mail — Police Believed Sydney Gunman had a Bomb Strapped to Himself — 3 January 2015 

The Guardian — Tony Abbott Warns Terrorism Chatter has Increased and Attack Remains “Likely” — 23 December 2014

ABC News — Tony Abbott Speaks Says Fighting IS Keeps Australians Safe at Home on Visit to UAE — 4 January 2015

Maduro Looks to OPEC Countries for Financial Support on Tour

By Delisa Morris

Impunity Watch Reporter, South America

CARACAS, Venezuela — Venezuelan President Nicolás Maduro is taking a tour through China and several countries in the Organization of Petroleum Exporting Countries (OPEC) this week to rally financial help for his tumbling economy in the wake of sliding oil prices.  Maduro stated that the trip is “very important to take on new projects in the circumstances that our country faces in the depletion of income caused by the drop in oil prices,” in a national broadcast announcing the tour on Sunday.  While Maduro did not say which OPEC countries he was visiting on the tour, he did say that he will work with member companies to formulate a strategy to bring the price of oil back up.

Venezuelan President Nicolas Maduro/ photo courtesy of Wikipedia

One place Maduro is likely to go on his tour is China.  China is Venezuela’s top financier, almost 50 billion dollars has been loaned to Caracas from China since 2007.  Venezuela supplies more than 500,000 barrels of oil a day to China, about two-thirds of which are repayments under the countries’ oil-for-loans agreement.

Maduro will meet with Chinese President Xi Jinping during his visit and take part in a meeting between China and the Community of Latin American and Caribbean States Jan. 8-9 in Beijing.

The price of Venezuelan oil, which makes up some 95 percent of its export market, has fallen by more than 50 percent in the past six months, dipping to $46.97, at the end of 2014.  Venezuela unsuccessfully lobbied for OPEC to cut oil output to temper the price plunge in November. Last week Caracas announced the country had officially entered a recession, with annual inflation at 63 percent.

The falling oil prices were not the beginning of Venezuela’s financial woes in 2014.  The country’s problems triggered analysts’ predictions of a default on its external debt.  This past December, Fitch lowered Venezuela’s credit rating to CCC, and Bloomberg estimated a 97 percent chance of default by the end of the year.

While Maduro has slammed default speculation and blamed foreign media for stoking an “economic war,” he has turned the government’s attention to the faltering economy. Last week he announced Caracas wants to reform currency controls to boost foreign reserves. Meanwhile, Maduro’s popularity is plummeting, sinking to a record 22 percent in December, polling firm Datanalasis reported.

Maduro has also accused the US of flooding the markets with oil as part of an economic war against Russia.

The Venezuelan opposition blames the country’s economic crisis and shortages of many staples, such as corn oil and milk, on the socialist policies of Mr Maduro and his late predecessor, Hugo Chavez.

For more information, please see:

International Business Times – Venezuela’s Maduro Jets to China, OPEC Countries For Help With Cash-Strapped Economy – 5 Jan. 2015

BBC News – Venezuelan Leader Maduro Seeks Economic Help on Tour – 4 Jan. 2015

Bloomberg – Maduro Travels to China for Financing, Oil Nations for Plan – 4 Jan. 2015

Latin American Herald Tribune – Venezuelan President to Visit China and OPEC Nations – 5 Jan. 2015

Argentina Will Extradite a US Citizen Accused of Murder

by Mridula Tirumalasetti

Impunity Watch Reporter, South America

BUENOS AIRES, Argentina—Argentina’s highest court, the Supreme Court, has ruled that a United States citizen who took refuge in Argentina can be extradited back to the United States.

Kurt Sonnenfeld moved to Argentina and started a new life in 2003 after being accused of killing his wife in 2002 and being charged with first degree murder in Denver, Colorado. Prosecutors initially dropped the charges against Sonnenfeld in 2002 due to insufficient evidence. When new charges were filed, Sonnenfeld was arrested and briefly jailed in Argentina. Sonnenfeld has requested political asylum in Argentina.

Kurt Sonnenfeld faced first degree murder charges in February 2002 (photo courtesy of The Guardian)

The Department of Justice and local courts in Argentina have been in dispute over the extradition of Sonnenfeld because of differences over the death penalty. Argentina’s courts have rejected requests from the Department of Justice to extradite Sonnenfeld because the Denver prosecutor’s office could not guarantee Sonnenfeld would not receive the death penalty if convicted in Colorado.

However, the Argentine Supreme Court has been assured by US prosecutors that “the death penalty will not be imposed, or if it were ruled, it will not be exercised in this case.” Further, one judge added that the extradition request was granted on the condition that if Sonnenfeld were to be found guilty, he would be sentenced to life with parole. The judges stated that a sentence of life without parole would violate Argentina’s Constitution. It is not specified within the ruling when the extradition will take place.

Sonnenfeld worked for the Federal Emergency Management Agency (FEMA) as a cameraman and was employed to document the aftermath of the 11 September 2001 attacks on the World Trade Center. Sonnenfeld claimed the video footage he collected proved the government knew that the terrorist attacks would happen. He also alleged that the Denver district attorney’s office framed him for the murder of his wife in order to silence him, and that his wife, found dead on 1 January 2002, had actually committed suicide. The Denver prosecutor’s office has denied such allegations. Sonnenfeld also accused the US government of tapping his phone calls, hacking his personal email, and even attempting to kidnap his family. He has written a book about his case, El Perseguido, published it in Spanish, and has made appearances in Argentine news media.

For more information, please see:

The New York Times—Argentina Agrees to Extradite American Who Sought Asylum—2 January 2015

The Denver Post—Argentine court OKs extradition of man facing Denver murder charge—2 January 2015

The Guardian—Argentina agrees to extradite US man charged with wife’s murder—3 January 2015

Buenos Aires Herald—Supreme Court approves extradition of US national—3 January 2015

Gang Violence in El Salvador Escalates Once Again

by Mridula Tirumalasetti

Impunity Watch Reporter

SAN SALVADOR, El Salvador –A truce among some of the most powerful street gangs fell apart in 2014 due to escalating turf wars between the gangs themselves. El Salvador’s police chief Mauricio Ramirez Landaverde said “The groups which had opted last year to decrease (homicides) are doing the opposite this year. This is the main reason.” As a result, homicides in El Salvador skyrocketed by 56 percent.

The Mara Salvatrucha (MS-13) and its rival, the Barrio 18 made a pact which took effect in March 2012. The two gangs held this truce which helped lower the murder rate in 2013 to approximately five murders a day. This was a 10-year low for El Salvador. However, within the first few months of 2014, the murder rate grew once again to about 8.9 killings each day. The government has placed the blame on Barrio 18 for breaking the truce.

The National Civil Police stated the total number of homicides in 2014 was 3,875 homicides, which averages to about 12 homicides per day. This number is a substantial increase from the number of homicides in 2013, which was 2,490.

Calle 18 gang members pictured above (photo courtesy of The Guardian)

The gang situation in El Salvador makes it one of the world’s most violent nations. “One in three children had been directly threatened with death if they didn’t join the gang…One in five had quit school out of fear, and one in 10 is a prisoner in their own home, too scared to go out day or night,” explained Elizabeth Kennedy, a researcher who has interviewed many children who have been deported back to El Salvador from Mexico. The children were trying to reach the United States in an effort to escape El Salvadorian gang violence. “Deporting children back into these harmful situations is a violation of international law,” Kennedy added. Jeanne Rikkers, who is a youth violence prevention expert and works for the human rights organization, Fespad agreed, “Children are living in a constantly violent atmosphere. They don’t feel secure, physically or economically, and they don’t feel protected by state institutions.”

For more information, please see:

The New York Times—El Salvador: Murder Rate Soars—30 December 2014

Reuters—El Salvador homicides jump 56 percent as gang truce unravels—30 December 2014

The Guardian—Gang violence in El Salvador fuelling country’s child migration crisis—18 November 2014

The Huffington Post—Truce With Mara Street Gang Hasn’t Worked In El Salvador–08 April 2014