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Legal news from Sunday, December 12, 2004




Captive Saddam aides launch hunger strike, citing no access to counsel
Alexandria Samuel on December 12, 2004 8:21 PM ET

[JURIST] Several of Saddam Hussein's old lieutenants, including former deputy Prime Minister Tariq Aziz, have gone on a hunger strike on the eve of the one-year anniversary of Saddam's capture by US forces to protest their "illegal detention" and their lack of access to defense counsel, according to Aziz attorney Aref Badia. The men, held by the US at an undisclosed location, are also concerned that they may be placed in the hands of Iraqis following the country's election on January 30. US military sources say that Hussein himself is not refusing food, and that his former aides are taking snacks, even if they are refusing meals. Reuters has more.






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Federal appeals court to hear arguments in Puerto Rico election case
Alexandria Samuel on December 12, 2004 7:59 PM ET

[JURIST] Oral arguments are scheduled to begin Monday morning in the US First Circuit Court of Appeals to decide whether Puerto Rico's Supreme Court or a US District Court has jurisdiction over thousands of disputed ballots cast in the territory. The ballots in question are from Puerto Rico's Nov. 2 gubernatorial race, and all indicate a vote for more than one candidate. Puerto Rico's Election Commission ruled last month that the votes were valid, and the Puerto Rico Supreme Court subsequently ordered a recount, however, a US District Court judge in Puerto Rico has ruled that the votes are to be separated from the recount. Read the filings and briefs associated with this case here. AP has more.






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Israel to release Palestinian prisoners
Alexandria Samuel on December 12, 2004 7:36 PM ET

[JURIST] The Israeli Cabinet Sunday agreed to release nearly 200 Palestinian prisoners currently being held in Israeli prisons. The release was part of an agreement between Egyptian president Hosni Mubarak and Israeli prime minister Ariel Sharon. Israeli government spokesman Rannan Gissin referred to the release as "a gesture of goodwill [that] shows also our intention to change the general atmosphere and to move forward with the peace process". Gissin indicated that more prisoners might be freed in the future. The agreement resulted in the release last week of six Egyptian students in exchange for the return of Azzam Azzam. AP has more.






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Ukraine prosecutors reopen Yushchenko investigation after doctors' poisoning diagnosis
Alexandria Samuel on December 12, 2004 5:54 PM ET

[JURIST] The Ukraine prosecutor general's office announced Sunday that it will reopen the criminal investigation into allegations that Ukraine presidential candidate and opposition leader Viktor Yushchenko was poisoned, damaging his health and disfiguring his formerly-youthful visage. The case, closed in November due to lack of evidence, will be reopened after confirmation from Yushchenko's Austrian doctors at Vienna's Rudolfinerhaus clinic that he had been slipped the toxic chemical dioxin. Until recently, no blood test to detect the presence of dioxin was available. The Yuschenko campaign's press release on the poisoning diagnosis is here. AP has more.






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Iran confirms al-Qaida convictions
Alexandria Samuel on December 12, 2004 5:50 PM ET

[JURIST] Iran acknowledged Sunday that it has convicted a number of Iranian nationals of supporting al-Qaida. Iranian Foreign Ministry spokesperson Hamid Reza Asefi confirmed the convictions, said to be fewer than five, but did not provide details of the charges, indicate when the convictions took place, or say what sentences were imposed. Iran has denied US allegations that it has working relationships with senior al-Qaida officials who allegedly fled into Iran after the war in Afghanistan. AP has more.






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White House blames Kerik for not disclosing legal problems
Alexandria Samuel on December 12, 2004 5:31 PM ET

[JURIST] White House officials Saturday blamed former homeland security secretary nominee Bernard Kerik for failing to disclose potential legal problems to administration lawyers. Kerik withdrew his name from consideration late Friday after it was discovered that he had failed to pay taxes on an illegal immigrant he employed in his home. In addition, he reportedly failed to disclose that a New Jersey judge issued a warrant for his arrest in 1998 over a civil dispute related to unpaid bills. A senior White House official stated, "It was Kerik's screw-up, it was that simple. But it's a mistake you can't tolerate with someone who has oversight for immigration." The Seattle Times has more.






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Barghouti drops out of Palestinian election
Alexandria Samuel on December 12, 2004 4:54 PM ET

[JURIST] Palestinian sources said Sunday that imprisoned leader Marwan Barghouti has dropped out of the Jan. 9 election to replace Yasser Arafat (see this previous report in JURIST's Paper Chase). Recent polls showed Barghouti, an independent candidate still incarcerated by the Israelis, to be in a virtual tie with Fatah nominee Mahmoud Abbas. AP has more.






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US bugged UN nuclear chief's phones in ouster bid
Bernard Hibbitts on December 12, 2004 11:30 AM ET

[JURIST] The Bush administration has bugged the communications of UN International Atomic Energy Agency chief Mohamed ElBaradei in an effort to find evidence that could be used to oust him from his position and replace him with someone more to Washington's liking, according to three White House officials cited in a story in Sunday's Washington Post. The Egyptian diplomat, who formerly taught international law at New York University, disagreed with the US line on Iraq and has been accused of being "soft" on Iran. The US NSA and CIA security agencies have neither confirmed nor denied the reports. An IAEA spokesman said that his agency has traditionally assumed that this type of monitoring takes place, although it disapproves of it. Foreign surveillance of UN and diplomatic facilities is prohibited by the 1946 Convention on the Privileges and Immunities of the United Nations (article 2 section 3 of which reads: "The premises of the United Nations shall be inviolable. The property and assets of the United Nations, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.") and the 1961 Vienna Convention on Diplomatic Relations. Earlier this year (as previously reported in JURIST's Paper Chase), British MP Clare Short said the UK government had bugged UN Secretary-General Kofi Annan's communications in the run-up to the Iraq war, and that she had seen transcripts. To this point Washington has approached several international figures to assess their interest in the IAEA directorship, but none - most notably, perhaps, Australian Foreign Minister Alexander Downer - has been interested in challenging ElBaradei. The Washington Post is a registration site, but a reprint of the Post article is here.






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