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Legal news from Sunday, February 20, 2005




Spanish voters approve EU constitution, exit polls show
Jeannie Shawl on February 20, 2005 3:03 PM ET

[JURIST] Spanish television is reporting that a clear majority of Spanish voters who turned out in Sunday's referendum on the European Union constitution [official website; treaty text] voted in favor of ratification. Exit polls are showing that over 78% voted in favor of the EU constitution, though only about 41% of the population turned out for the non-binding referendum. Sunday's vote was the first popular vote on the constitution in Europe. The constitution must be ratified by all 25 EU member states by November 2006 before it can take effect. Each member state can determine its own ratification process [EU backgrounder]; nine more member states will hold popular referendums, two others are undecided, and the remainder will ratify the document by parliamentary vote. The Spanish government has set up an official website for the referendum campaign [in Spanish]. BBC News has more. El Mundo has local coverage (in Spanish).






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Israeli government approves Gaza withdrawal plan
Jeannie Shawl on February 20, 2005 2:48 PM ET

[JURIST] Israel's Cabinet approved the government's plan to withdraw from the Gaza Strip Sunday, the first time an Israeli government has decided to dismantle Jewish settlements on land claimed by Palestinians. Also Sunday, Prime Minister Ariel Sharon signed an order that makes it illegal for Israelis to remain in the Gaza Strip and the northern part of the West Bank after July 20. AP has more. The Jerusalem Post has local coverage.






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UN refugee chief resigns over sexual harassment scandal
Jeannie Shawl on February 20, 2005 2:32 PM ET

[JURIST] UN High Commissioner for Refugees Ruud Lubbers [official profile] submitted his letter of resignation to UN Secretary-General Kofi Annan Sunday, citing a lack of confidence in him due to allegations of sexual harassment [JURIST report]. Saying that the sexual harassment claims could not be substantiated, Lubbers wrote "For more than four years I gave all my energy to UNHCR. Now in the middle of a series of problems and with ongoing media pressure you apparently view this differently.... To be frank, and despite all my loyalty, insult has now been added to injury and therefore I resign as high commissioner." Lubbers wrote that he will continue to serve until a successor is confirmed by the UN General Assembly. AP has more.






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Schiavo controversy could be settled this week
David Shucosky on February 20, 2005 11:33 AM ET

[JURIST] The legal battle over Terri Schiavo [Wikipedia profile] could wrap up this week if either Florida's 2nd District Court of Appeals or the Pinellas Circuit Court act to end appeals in the dispute over the fate of the brain-damaged Florida woman. Both courts, which have previously upheld her right to die, are expected to issue rulings this week. Fifteen years ago, Schiavo collapsed and suffered severe brain damage. Her husband wants to carry out what he says are Terri's wishes and have her feeding tube disconnected. Terri's parent's have been fighting a seven-year legal battle to keep her alive. Florida courts have agreed that there is sufficient evidence that Terri would have rejected the feeding tube, but her parents have successfully prevented its removal. Governor Jeb Bush last year signed "Terri's Law" [PDF text], which empowered the governor to keep Terri alive [JURIST report], but it was later overturned as unconstitutional [JURIST report] The Orlando Sentinel has more.






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ECOWAS sanctions imposed as pressure for elections in Togo mounts
David Shucosky on February 20, 2005 11:30 AM ET

[JURIST] The Economic Community of West African States [official website] has announced that member countries will impose sanctions against Togo as world pressure mounts for Togo to hold democratic elections. Faure Gnassingbe [BBC News profile] was appointed president on February 5, within hours of the death of his father, who ruled the country for 38 years. Opposition has been demanding an election [Reuters report] with temporary ruling power granted to parliament, as the Togolese Constitution mandates. Gnassingbe Friday promised an election [JURIST report] to be held within 60 days, but insisted on staying in power to oversee them, a move which failed to appease opponents. Responding to the announcement Sunday, Togo's Information Minister Pipang Tchalla condemned the sanctions saying that "It is sad that our friends are not prepared to understand what is going on in Togo." Opposition leader Yawovi Agboyibo said the sanctions, which will include a travel ban on Togolese leaders and an arms embargo, were "a welcome and bold decision." AP has more.






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UN panel votes to oppose cloning
David Shucosky on February 20, 2005 11:00 AM ET

[JURIST] The UN General Assembly's legal committee [official website] has adopted a non-binding resolution against all forms of human cloning, including techniques used in stem cell research. After several days of debate [JURIST report], the committee voted 71-35, with 43 abstentions, to adopt the resolution, which was put forward by Honduras and backed by the Bush administration. The measure will now go to the full 191-nation assembly for a vote. Opponents of the measure, including Britain, Belgium, and Singapore, say it will have no effect on their practice of stem cell research. Even if approved by the full assembly, the resolution would only be a recommendation, without binding legal force. Reuters has more. The UN abandoned efforts to draft a binding treaty [AP report] on the subject last year.






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Federal judge delays WorldCom trial
David Shucosky on February 20, 2005 10:40 AM ET

[JURIST] A federal judge has delayed the start of the class-action fraud suit against WorldCom [JURIST Hot Topic archive] until March 17, so that lawyers can interview witnesses from former WorldCom CEO Bernard Ebbers fraud trial [AP report] after it ends in the next few weeks. US District Judge Denise Cote also issued strict guidelines for testimony and arguments, and ordered that the case wrap up by early July, rejecting estimates from attorneys that the proceedings would take nine months. The class-action suit, brought by WorldCom investors, alleges that the company used fraudulent accounting practices to inflate profits, cover up known financial weaknesses, and cheat investors. Judge Cote previously has refused to enter a settlement in the case [AccountingWeb.com report] on the grounds that it was unfair to the banks also named in the lawsuit. Reuters has more on the delay of trial. In a related story, the company, which is out of bankruptcy and now called MCI [corporate website], is looking to merge with Verizon [corporate website], but shareholders Friday filed a lawsuit to block the buyout [Reuters report], saying the price is too low.






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Translator sentenced for taking classified Guantanamo documents
David Shucosky on February 20, 2005 10:20 AM ET

[JURIST] An Arabic translator who took computer disks full of classified documents out of the Guantanamo Bay [JURIST Hot Topic archive] naval base was sentenced Friday to 20 months in prison by the US District Court for the District of Massachusetts [official website]. Ahmed Mehalba admitted taking the documents, but said he was only trying to do a good job by working at home. Mehalba was also off his medication for bipolar disorder at the time. Mehalba has already served 16 months since his arrest and is soon eligible for a good behavior release, so could be released in a matter of weeks. Lawyers for both sides recommended a lighter sentence in light of these circumstances. Three others were also arrested as part of an espionage sweep at Guantanamo Bay, but those cases have largely fallen apart [Seattle Times report]. The Boston Globe has more on Mehalba's sentencing.






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