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Legal news from Tuesday, January 4, 2005




Indonesia moves to preempt child trafficking after tsunami as UNICEF issues exploitation warning
Bernard Hibbitts on January 4, 2005 8:13 PM ET

[JURIST] The government of Indonesia, concerned over reports of human trafficking in children in the wake of last week's tsunami disaster off the west coast of the country that killed over 100,000 and left other hundreds of thousands homeless, has now placed restrictions on the transport of youngsters out of the country and has brought special guards into refugee camps, directing local police commanders to be on watch against abduction or other exploitation of children. The move comes as senior UN officials with UNICEF warn that the chaotic situation with so many children suddenly left without parents has created an environment where exploitation and trafficking is likely to occur, with criminal elements attracted to camps, hospitals and other locations where children may be vulnerable. According to a UNICEF statement issued in Jakarta Tuesday,

relief efforts must ensure that children are protected from exploitation. In tumultuous environments like those in the tsunami zone – where families are broken apart, incomes are lost, and hope is in short supply – children are more vulnerable.... In some of the affected countries, reports have been emerging of opportunistic child traffickers moving in to exploit vulnerable children. UNICEF is working closely with local and national authorities to head off these criminal activities.
UNICEF executive diretor Carol Ballamy says, however, that as yet she has no concrete information on any actual trafficking, and officials with other aid agencies have called reports of child trafficking in other affected locations such as Sri Lanka "fairly unsubstantiated." At the same time, Thai authorities and INTERPOL are investigating the disappearance from hospital of a 12-year old Swedish boy who was taken by a man who was not his father. Read the UNICEF statement here. The UK Press Association has more; AP offers this report.





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Former retail chain CEO indicted on perjury charges
Bernard Hibbitts on January 4, 2005 2:56 PM ET

[JURIST] New York state Attorney General Eliot Spitzer announced Tuesday that a grand jury has indicted former Federated Department Stores Inc. chairman James Zimmerman for perjury, claiming he lied to antitrust investigators about a plan to keep upscale tableware out of Bed Bath & Beyond Inc. stores. According to a statement from Spitzer's office:

Zimmerman intentionally offered false testimony in a sworn statement on April 9, 2004. Specifically, Zimmerman was asked whether he had called Sir Anthony O'Reilly, the Chairman of the Board of Waterford, Wedgewood, PLC, to dissuade him from selling Waterford products through Bed Bath & Beyond or to otherwise encourage him to pull out of the negotiations to do so. Zimmerman repeatedly told the assistant attorney general taking the deposition that he had never discussed Bed Bath & Beyond in any way with anyone at Waterford, including O'Reilly. According to the indictment, Zimmerman knew that these denials were untrue.
In 2004 the Federated chain paid a $900,000 civil penalty in settlement of claims that it had conspired with the May Department store and the Lenox and Waterford Wedgewood china makers to restrict competition by keeping Lenox and Waterford products out of the Bed Bath chain. Read the Spitzer press release here. The full text of the grand jurisy indictment of Zimmerman is here [PDF[. Bloomberg has more.





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Iraqi officials, electoral commission split on vote postponement
Bernard Hibbitts on January 4, 2005 1:14 PM ET

[JURIST] Iraqi officials and members Iraq's Independent Electoral Commission appear to be in growing disagreement over the advisability of holding elections in the country as scheduled on January 30. On Monday, Iraqi Defense Minister Hazem Shaalan suggested in Cairo that a postponement might allow Sunni parties who have withdrawn to participate in the process in a better security environment. Other officials later echoed his views, also emphasizing the importance of better security for Sunni voters. Members of the country's electoral commission, however, say they reamin committed to the January 30 date despite growing violence, and senior American officials Tuesday supported that commitment even as the district governor of Baghdad was assassinated in a automobile ambush. AP has more. BBC News has background on the planned January 30 poll; the UN Assistance Mission in Iraq (UNAMI) has more.






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No White House torture memos for Gonzales confirmation hearing
Kate Heneroty on January 4, 2005 10:35 AM ET

[JURIST] Attorney General nominee Alberto Gonzales seems likely to face stiff questioning in his Senate confirmation hearing this week after the Bush administration's refusal to provide senators with copies of his memos on the interrogation of suspected terrorists. Illinois Senator Dick Durbin, the Senate's second-ranking Democrat, sharply criticized the White House move Monday, complaining that "We go into the hearing with some knowledge of what has occurred because of press reports or leaks but without the hard evidence that will either exonerate or implicate Judge Gonzales in this policy." While he was White House Counsel, Gonzales wrote a draft memorandum [PDF] to the President which was later made public arguing that the "war on terrorism renders obsolete the Geneva Convention's strict limitations on questioning of enemy prisoners..." The White House and the US Justice Department have since backed away from these views. Largely on the basis on Gonzales' apparent views on torture, detentions and other rights and liberties matters his nomination has drawn the ire of rights groups (see, for instance, this report by the ACLU issued Monday, with accompnaying press release), but most observers believe it unlikely that it will fail. AP has more.

12:55 PM ET - In a related development Tuesday, a dozen retired generals and admirals - including former Chair of the Joint Chiefs of Staff General John M. Shalikashvili - said in a letter released at a news conference called by Human Rights First (formerly the Lawyers Committee for Human Rights) that they were "deeply concerned" about the Gonzales nomination and urged Senators to question him closely about his knowledge of and views on torture by US personnel:

During his tenure as White House Counsel, Mr. Gonzales appears to have played a significant role in shaping U.S. detention and interrogation operations in Afghanistan, Iraq, Guantanamo Bay, and elsewhere. Today, it is clear that these operations have fostered greater animosity toward the United States, undermined our intelligence gathering efforts, and added to the risks facing our troops serving around the world. Before Mr. Gonzales assumes the position of Attorney General, it is critical to understand whether he intends to adhere to the positions he adopted as White House Counsel, or chart a revised course more consistent with fulfilling our nation’s complex security interests, and maintaining a military that operates within the rule of law.
Read the full text of the letter here [PDF], along with an accompanying press release. An HRI briefing paper for the Gonzales nomination hearing is here. AP has more.





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Navy SEALs face military hearings for prisoner abuse
Kate Heneroty on January 4, 2005 10:10 AM ET

[JURIST] A military hearing begins Tuesday at the San Diego Naval Base for a US Navy SEAL accused of punching an Iraqi prisoner and allowing personnel under his command to abuse the prisoner. Manadel al-Jamadi, a suspect in a Red Cross facility bombing, died in Abu Ghraib a short time after being captured in November 2003. Another Navy SEAL lieutenant will face similar charges in a hearing on Thursday and eight others will face criminal charges of detainee abuse. The SEALs will face Article 32 hearings, similar to civilian grand jury proceedings. AP has more.






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BREAKING NEWS ~ Chile high court upholds Pinochet indictment, house arrest
Bernard Hibbitts on January 4, 2005 9:50 AM ET

[JURIST] AP is reporting that Chile's Supreme Court has upheld the indictment and house arrest of former dictator Augusto Pinochet, according to a court spokesman.

10:52 AM ET - Reuters now has more on the decision, which allows a human rights case against Pinochet for kidnapping and murder to go forward. From Santiago. Channel 13 television provides local coverage in Spanish, including recorded video of the court spokesman's announcement in Spanish (with crowd reaction).






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GOP reverses course on ethics rules
Kate Heneroty on January 4, 2005 9:41 AM ET

[JURIST] House Republicans on Monday reversed ethics rules adopted in November that would allow party leaders to maintain their posts even if they were indicted for illegal behavior. The closed-door GOP party meeting did, however, make it easier for one party to block a House ethics committee investigation by requiring a majority vote of the now-evenly divided committee to proceed with an investigation. The ethics proposal go before the full House today, the first day of the new legislative session. In November, the GOP made the controversial decision to change the rule on office-holding so that Majority Leader Tom DeLay could retain his post if indicted by a Texas grand jury on charges related to illegal political fundraising. Over the past year, DeLay had been rebuked by the ethics committee 3 times. AP has more.






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British Freedom of Information Act takes effect
Kate Heneroty on January 4, 2005 9:02 AM ET

[JURIST] Britain's Freedom of Information Act took substantive effect Monday on the first UK workday of the new year, 4 years after its passage by Parliament. Under the Act, any recorded governmental information, including paper records, e-mails, computer records, audio, video, microfiche, and handwritten notes can be requested by the public and the appropriate governmental department must respond within 20 days. Critics complain about broad exceptions which may prevent the release of highly sought-after documents, such as those detailing the Attorney General's advice to Prime Minister Tony Blair on the Iraq war. A request can be denied if finding the information costs more than &pounds;450 or 2.5 days of work, or if disclosure would prejudice international relations, law enforcement, commercial interests the economy, or inhibit official discussions. The UK Department for Constitutional Affairs provides instructions for making a request. AP has more.






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