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Legal news from Monday, December 13, 2004 |
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Human rights group alleges two more Afghan detainee deaths caused by US soldiers
Chris Buell on December 13, 2004 1:51 PM ET

[JURIST] Two more Afghan detainees have died while in US custody, and the US failed to properly investigate a third death this fall, Human Rights Watch charged Monday in an open letter to Secretary of Defense Donald Rumsfeld. According to HRW's report, detainee deaths in 2002 and 2003 went unreported, and the agency claimed the US was stalling on launching investigations. The group also questioned the circumstances of a more recent death on Sept. 24, 2004. In the letter to Rumsfeld, the group wrote: Six detainees are now known to have died in U.S. custody in Afghanistanincluding four known cases of murder or manslaughterand former detainees have made scores of other claims of torture and other mistreatment. Some of the cases took place over two years ago. Yet to our knowledge, the U.S. government has conducted only a handful of criminal investigations, and has charged only two people with any crime in these cases. The governments failure to hold its personnel accountable for serious abuses has spawned a culture of impunity among some personnel. And as you know, some of the personnel involved in earlier abuses in Afghanistan have now been implicated in later abuses in Iraq. Read the full letter. Read the group's full report on abuses by US forces in Afghanistan. An HRW press release is available. The Army Criminal Investigative Command most recently reported in October that it had recommended prosecution of 28 soldiers in connection with deaths at Bagram airbase in Aghanistan. Reuters has more.


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US Supreme Court hands down four rulings
Bernard Hibbitts on December 13, 2004 11:12 AM ET

[JURIST] The US Supreme Court handed down four rulings Monday on its last decision day of 2004. In Florida v. Nixon, the Court ruled that an accused Florida man was not due a new trial even though his lawyer had conceded his guilt without his consent. Read the opinion here. AP has more. In Cooper Industries v. Aviall Services, the justices ruled 7-2 that a company had improperly used the federal Superfund law to sue a former polluting owner when there had been no directive to undertake a cleanup. Read the opinion here. AP has more. In Devenpeck v. Alford, the Court reversed a Ninth Circuit Court of Appeals ruling that an offense establishing probable cause had to be closely related to, and based on the same conduct as, the offense an arresting officer identifies at the time of arrest. Read the opinion here. Finally, in Kowalski v. Tesmer, the Court reversed the US Sixth Circuit Court of Appeals, holding that third-party attorneys did not have standing to contest a Michigan constitutional provision that denied appellate counsel to indigents pleading guilty. Read the opinion here.
11:36 AM ET - On Monday the Court also summarily granted and reversed in a fifth case, Brousseau v. Haugen, on an issue of qualified immunity for a police officer. Read the per curiam decision here. There were no additional certiorari grants made; the Court's full Order List is now online here [PDF]. Also this morning the Court announced that Chief Justice Rehnquist, recovering from cancer treatment, will not take part in any of the decisions argued in the Court's November sitting unless his vote is necessary to break a tie. SCOTUSblog has more.


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