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Legal news from Friday, November 26, 2004




UPDATE ~ Multilateral group works toward "political and legal compromise" in Ukraine while court action awaited
Bernard Hibbitts on November 26, 2004 6:02 PM ET

[JURIST] Following up on earlier reports today in JURIST's Paper Chase, Ukrainian President Leonid Kuchma's office announced late Friday that a multiparty, multilateral working group has been established to reach what Kuchma previously described as a "political and legal compromise" in the Ukrainian election crisis. The group's establishment was announced after a meeting between Kuchma, Prime Minister Viktor Yanukovych (certified by the Central Election Commission as the winner of Sunday's presidential run-off), opposition leader Viktor Yushchenko, and international representatives Javier Solana of the European Union, Jan Kubiš of the OSCE, President of Poland Aleksander Kwasniewski, President of Lithuania Valdas Adamkus, and head of the Russian Duma Borys Gryzlov. In a joint statement after their meeting the parties said they "expect the Supreme Court to act publicly and transparently while examining claims connected to the presidential elections in Ukraine." More on the meeting is available from the Yushchenko campaign's English-language website.

6:35 PM ET - From Ukraine, the Kyiv Post reports somewhat less optimistically that the three hours of direct talks yielded "no resolution", although President Kuchma emphasized that all parties stood against "any use of force that would lead to bloodshed." A Yushchenko spokesman said a re-vote was one of the options on the table. The Supreme Court will hear the opposition's appeal on last Sunday's vote on Monday, November 29. The Post has more.

9:40 PM ET - Addressing supporters in Kyiv's Independence Square after the meeting, Yushchenko pressed for a quick resolution to the crisis and appeared to reject Prime Minister Yanukovych's position that the dispute over the election be settled solely in the courts:

Yanukovych offered the following... we wait for court rulings on all claims of which we have eleven thousand! And then we put an end to it. We will be waiting for rulings on all the complaints till [mayflowers].
Yushchenko's team have given authorities two days to accede to their demands. A press statement on his website has more.





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UN requests UK anti-torture statement
Christina Gheen on November 26, 2004 4:00 PM ET

[JURIST] The UN Committee Against Torture called Friday for a definitive statement by the United Kingdom that "evidence" procured through torture is unadmissible at trial. The Committee, which monitors adherence to the UN Convention Against Torture, is acting in response to an August ruling by the Court of Appeals for England and Wales that stated evidence obtained by torture could be admitted in UK courts unless it was done by or with the instruction of UK agents. Amnesty International has the more.






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Ontario appeals court rules for same-sex pension benefits
Christina Gheen on November 26, 2004 3:19 PM ET

[JURIST] The Ontario Court of Appeal ruled Friday that same-sex partners are entitled to survivor benefits under the government-run Canada Pension Plan. The court held that benefits should be paid dating back to 1985, but there will be no payments of back-benefits to partner's estates. Justice Minister Irwin Cotler stated that he would review the opinion before deciding to appeal to the Supreme Court of Canada. Cotler said, "This is not a case about same-nor is it a case about gay and lesbian rights," rather "the implications of this case have to do with the whole question of federal benefits programs and policy." The opinion of the Ontario appeals court can be found here [PDF]. CBC News has more. The text of the Canadian Pension Plan is here.






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Barghouti rejects Palestinian presidential candidacy
Christina Gheen on November 26, 2004 2:45 PM ET

[JURIST] In a reversal from earlier statements, jailed Palestinian leader Marwan Barghouti announced Friday he will not seek the presidency of the Palestinian Authority. Pressure from Fatah leaders who were fearful of a party split influenced Barghouti's decision. Quddoura Fares, a Fatah cabinet minister who was sent to dissuade Barghouti from pursuing candidacy, stated that Barghouti now endorses PLO leader and presidential front-runner Mahmoud Abbas. JURIST's Paper Chase has coverage of Barghouti's presidential bid here. Reuters has more.






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Pakistan bans Newsweek issue, mulls legal action
Brandon Smith on November 26, 2004 11:00 AM ET

[JURIST] A Pakistani district magistrate has ordered all copies of the November 22nd issue of Newsweek magazine destroyed for publishing material that desecrates the Koran. Islamic groups in the country have said that an article about murdered Dutch film-maker Theo Van Gogh which also included pictures of a woman with Koranic verses inscribed on her body (Van Gogh had made a film critical of islamic culture), showed Western bias against Muslims. Pakistani authorities are considering legal action against Newsweek, but have given no details. BBC News has more.






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WTO approves sanctions on US over antidumping law
Brandon Smith on November 26, 2004 10:03 AM ET

[JURIST] The World Trade Organization Friday approved sanctions against the US for failing to repeal the Byrd Amendment, federal legislation that directs US Customs to distribute duties collected as a result of "antidumping" and countervailing duty orders to US goods producers found to have been injured by foreign dumping and subsidies. The sanctions were supposed to have been approved Wednesday, but US diplomats held last-minute discussions with European and Canadian diplomats in an unsuccessful effort to avoid them. The exports upon which sanctions were imposed range from ski jackets to almonds and could extend to mobile homes, glassware, textiles, and more. The Business Times has more.






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Ukrainian Supreme Court judges threatened after ruling; Yushchenko parallel government issues first decrees
Bernard Hibbitts on November 26, 2004 9:19 AM ET

[JURIST] Judges of the Ukrainian Supreme Court were reported by opposition sources Friday to have received threats after ordering a ban Thursday on publication of the country's disputed presidential election results pending their hearing of an opposition appeal. A parallel government set up by opposition leader Viktor Yushchenko has meanwhile published its first decrees as protestors took to the streets of Kyiv for the fifth day in a row and began blockading government buildings. BBC News has more on the protests and blockade. From Ukraine, the Kyiv Post has English translations of the first Yushchenko decrees online here, although the Post takes pains to note that the opposition authority "is not recognized under the Constitution, which says the acting president exercises power until his successor assumes office, and presidential powers can be terminated only on account of incapacitation, impeachment or death."

2:01 PM ET - In late developments in the Ukraine elections crisis, Yushchenko's opposition press office is reporting that according to Ukraine Channel 5, two members of the Central Election Commission have revoked their endorsement of the originally-certified election results. Lawyers with the Kyiv Judicial Association have also warned the authorities that any violent actions taken against protestors will constitute genocide under internationmal law. Finally, in the United States, AP has just reported that reinforcing earlier comments by Secretary of State Colin Powell and others, President Bush has warned that the international community is "watching carefully" as Ukraine deals with vote-fraud charges. As intense negotiations to resolve the crisis continue between government, oppositon and visiting international leaders, the website of outgoing President of Ukraine Leonid Kuchma provides English language updates on key meetings.






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