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Legal news from Friday, April 15, 2005




Vatican workers take oaths of secrecy as conclave nears
Elana Kornblit on April 15, 2005 8:11 PM ET

Housekeepers, elevator operators, workmen and others who might come in contact with Roman Catholic cardinals as they meet in secret conclave at the Vatican next week to choose a new pope took an oath of secrecy and signed written secrecy pledges Friday. Pursuant to section 46 of Pope John Paul II's 1996 Apostolic Constitution Universi Dominici Gregis [text], several dozen read out a promise to

observe absolute and perpetual secrecy with all who are not part of the College of Cardinal electors concerning all matters directly or indirectly related to the ballots cast and their scrutiny for the election of the Supreme Pontiff. I likewise promise and swear to refrain from using any audio or video equipment capable of recording anything which takes place during the period of the election within Vatican City, and in particular anything which in any way, directly or indirectly, is related to the process of the election itself. I declare that I take this oath fully aware that an infraction thereof will make me subject to the spiritual and canonical penalties which the future Supreme Pontiff will see fit to adopt, in accordance with Canon 1399 of the Code of Canon Law. So help me God and these Holy Gospels which I touch with my hand.
Sessions of the conclave itself will be closed but some people may hear comments in between sessions. Secrecy is of great concern due to the availability of high tech listening devices, swarms of journalists outside the Sistine Chapel and, for the first time, the ability of the cardinals themselves to move freely about Vatican City [official website] once the voting starts. AP has more.




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Egypt judges threaten to boycott elections
Elana Kornblit on April 15, 2005 7:44 PM ET

Egyptian judges [UNDP-POGAR judiciary backgrounder] have threatened not to supervise presidential and parliamentary elections due later this year unless the government amends laws which limit judicial power and prevent the convening of free and fair elections. The judges say that close relations between the executive and the judiciary undermine their independence and ability to properly monitor elections and are calling for the country's interior ministry to surrender certain controls over the electoral process. The judges say changes should be made by June when Egyptians will be asked in a popular referendum to approve a constitutional amendment [JURIST report] proposed by current President Hosni Mubarak [Aljazeera profile; official website] to allow for the first multi-candidate presidential election in Egypt's history, set to be held in September. AFP has more.




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Rights groups appeal cut-off of Pinochet crimes investigations
Phillip Hong-Barco on April 15, 2005 4:15 PM ET

[JURIST] In an urgent appeal at a press conference in Santiago Friday, a coalition of leading human rights groups urged the Chilean Supreme Court to reconsider its January 25 decision to shut down unconcluded investigations of human rights violations [JURIST report] that occurred under former Chilean dictator Gen. Augusto Pinochet [JURIST news archive]. The January ruling had set a six-month deadline expiring at the end of June. Representatives of Human Rights Watch [official website], Amnesty International [official website], the International Commission of Jurists [official website] and other groups insisted that the termination of the mandate of special judges investigating human rights violations would constitute the most serious injustice since Chile's return to democracy in 1990. There are currently more than 350 cases still awaiting investigation. Reuters has more.






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Chirac TV pitch for EU constitution called a failure
Phillip Hong-Barco on April 15, 2005 3:55 PM ET

[JURIST] French commentators suggested Friday that a televised appeal [JURIST report] by French President Jacques Chirac [BBC profile] in a "town hall"-style meeting with young people broadcast Thursday evening and seen by over 9,000,000 viewers [Le Monde report in French] has failed to persuade skeptical French citizens to vote in support of the European constitution [Economist backgrounder] in the upcoming May 29 national referendum. The daily Le Parisien [media website in French] ran the headline "Chirac struggles". Le Monde said [report in French] that he was clearly "disoriented by the 'pessimism' of the young". Even the conservative Le Figaro [media website] which often supports the president noted that Chirac "...never got the chance to develop his arguments, other than to say that Europe would not be liberal, that we would be spared the Anglo-Saxon model and that we should not be afraid." French rejection of the European pact could effectively kill the treaty and turn France into what Chirac called the "black sheep" of the European Union. AFP has more.






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Education Secretary deplores official 'lapses' in Williams plug-for-pay scandal
Phillip Hong-Barco on April 15, 2005 3:34 PM ET

[JURIST] New US Secretary of Education Margaret Spellings [official bio] castigated senior departmental officials Friday over the controversial hiring of conservative commentator Armstrong Williams [Wikipedia profile] to plug the No Child Left Behind Act [official website]. Williams was investigated by the FCC in January [JURIST report] for his failure to disclose a $240,000 payment received from the Bush administration in connection with the promotion. Speaking in advance of the public relesase of a critical report on the episode by the Education Department's Inspector-General, Spellings stated that officials did not take proper care with taxplayer money and demonstrated "serious lapses in judgment." While not mentioning anyone specifically, Spellings appeared to blame her predecessor, Rod Paige [official bio]. Williams maintains that the agreement was legal, but he posted an apology [archived document] after the payment story broke, and President Bush has remarked that his cabinet "needs to take a good look and make sure this kind of thing doesn't happen again." AP has more.

Saturday 9:37 AM ET - The Inspector-General's report focused on contract law and concluded that although the contract with Williams was not illegal or unethical as such, it was a "poor decision." Review the full text of the Review of Formation Issues Regarding the Department of Education's Fiscal Year 2003 Contract with Ketchum, Inc. for Media Relations Services [PDF].






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Iraq president urged to pardon insurgents
Phillip Hong-Barco on April 15, 2005 3:01 PM ET

[JURIST] Sheik Ahmed Abdul Ghafour al-Samarrai, a prominent Sunni cleric of the Association of Muslim Scholars [backgrounder], urged President Jalal Talabani [BBC profile] on Friday to fulfill an earlier promise to pardon some 10,500 insurgents imprisoned by US forces. His remarks, stating that Talabani should not "obey and kneel to [US] pressure" was made during Friday prayers, only three days after US Defense Secretary Donald Rumsfeld [official bio] visited Iraq and pressed newly elected leaders to maintain a US presence until Iraq's own forces strengthen. President Talabani, sworn in two weeks ago, had suggested such a pardon as an attempt to reach out to homegrown militants. Lawmakers noted, however, that the statement was a personal opinion and it is unclear whether the new government, once formed, would support such a position. AP has more.






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Corporations and securities brief ~ Raytheon puts CFO on leave, offers to settle with SEC
Amit Patel on April 15, 2005 2:40 PM ET

[JURIST] Leading Friday's corporations and securities law news, defense contractor Raytheon Company [corporate website] has announced that it's placed chief financial officer Edward S. Pliner and another employee on administrative leave and also offered to settle a SEC inquiry into accounting practices of its commuter aircraft business. Raytheon offered to pay $12 million as part of the settlement with the SEC [official website]. The SEC's preliminary decision recommended the full commission bring action against two employees at Raytheon. Read the Raytheon press release. Also today, Raytheon has agreed to pay $39 million to settle a shareholder lawsuit [class action directory] related to the sale of its engineering and construction business to Washington Group International [corporate website] in July 2000. Read the Raytheon press release. AP has more.

In other news...

  • The European Union (EU) [official website] approved a ban on US shipments of suspect corn gluten animal feed unless they are convinced the imports are free of non-authorized genetically modified corn. The decision may affect millions' of dollars worth of corn gluten exports. The ban would come into force next week. Read the EU press release. AP has more.

  • Citigroup [corporate website] announced a $15 billion share buyback. The bank would purchase about 6% of its own stock and then cancel them, making the remaining shares worth proportionately more of the company. Read the Citigroup press release. AP has more.

  • UK Prime Minister Tony Blair's [official website] Labour government has offered an aid package of 150 million pounds to help the 5,000 workers who will lose their jobs as a result of the collapse of MG Rover Group Ltd [corporate website]. The money will be used to retrain workers, stimulate investment in the Longbridge and wider Birmingham area, and help companies which supplied Rover find new customers. Rover collapsed after Shanghai Automotive Industries Corp. [corporate website], China's largest automaker, decided not to enter into a joint venture with the company. BBC News has more.
Click for previous corporations and securities law news.





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Dutch EU constitution vote won't be delayed by French 'non' in referendum
Jeannie Shawl on April 15, 2005 2:36 PM ET

[JURIST] Dutch Minister for European Affairs Atzo Nicolai [official profile] said Friday that the scheduled June 1 Netherlands referendum [Dutch government press release] on the European constitution [official website; treaty text; JURIST news archive] will not be delayed in the event of a French rejection of the pact. France's referendum is scheduled for May 29 and there is growing concern that French voters will reject [JURIST report] the EU constitutional treaty. Saying rumors that the Dutch referendum would be cancelled in the event of a "non" vote in France were untrue, Nicolaï told his parliament Friday that "There is no question of the referendum being cancelled." The Dutch referendum is non-binding, but the Cabinet has said that it will respect the public's decision. The Dutch government has background on the referendum. Amsterdam's Expatica has more.






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US urged to drop opposition to re-appointment of IAEA head
Jeannie Shawl on April 15, 2005 1:45 PM ET

[JURIST] Member states of the International Atomic Energy Agency (IAEA) [official website] are urging the United States to drop its opposition to a third term for current Director General Mohamed ElBaradei [official bio]. The US has become increasingly displeased with ElBaradei due to what the US sees as a lack of cooperation on Iraq and Iran and was reported to have bugged ElBaradei's phones [JURIST report] in an effort to find evidence that could be used to remove him from his position. Diplomats on the IAEA board are saying that the US is isolated in its opinion and that "The best policy for the US would be to back ElBaradei and then work with him. But ElBaradei will have to work hard to establish good relations with the new [US] administration." The IAEA will meet on April 27 to discuss a new term for ElBaradei, whose current term ends in September. Reuters has more.






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Senate votes to ban disguised government video news releases
Jeannie Shawl on April 15, 2005 1:06 PM ET

[JURIST] The US Senate [official website] unanimously approved a measure Thursday evening that would bar government agencies from using taxpayer funds to produce video press releases disguised as real news. The amendment [THOMAS amendment summary], whose purpose is to "prohibit the use of funds by any Federal agency to produce a prepackaged news story without including in such story a clear notification for the audience that the story was prepared or funded by a Federal agency," has now been added to the emergency spending bill to fund the Iraq and Afghanistan wars, currently under Senate consideration. Last year, the Government Accountability Office [official website] concluded that Bush administration ads promoting changes in the Medicare law violated the Consolidated Appropriations Resolution of 2003 [GAO decision; JURIST report] because they were made to look like actual news reports. Earlier this year, a GAO circular [text] was sent to agency heads reminding them to "ensure appropriate disclosures" about prepackaged news stories. Speaking Thursday to the American Society of Newspaper Editors [official website], President Bush acknowledged that the prepackaged news stories can be deceptive but said that "it's incumbent upon people who use them to say, this news clip was produced by the federal government." The White House has a transcript of Bush's remarks, as well as recorded video. AP has more.






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International brief ~ Cuba rejects latest UN rights censure
D. Wes Rist on April 15, 2005 1:05 PM ET

[JURIST] Leading Friday's international brief, Cuban Foreign Minister Felipe Perez Roque [official profile in Spanish] announced Friday that Cuba rejected the UN Human Rights Commission [official website] resolution calling on Cuba [government website] to allow a special envoy to visit the island nation to investigate abuses. Cuba has been subject to an annual condemnation from the UN Human Rights Commission, but has never allowed a special envoy to visit the island. Cuba claims that the resolution from the Commission represents nothing more than US political displeasure with Cuba, and asserts that its human rights record is satisfactory. BBC News has more.

In other international legal news ...

  • The Russian Duma [government website in Russian] approved amendments to Russia's penitentiary code that target convicted terrorists. The amendments require that individuals convicted of terrorism or other serious criminal offenses be housed in penitentiaries outside of their native region and the region in which they committed the crime. Deputy Chairman of the House Committee on Security Viktor Ilyukhin said that the amendments were necessary to keep inmates from retaining the criminal contacts they have built up in their native regions. Itar-Tass has local coverage.

  • Lebanese officials have begun the process of appointing a new Prime Minister to lead the country through the national elections scheduled for May. Lebanon President Emile Lahoud [official profile] held meetings with members of Lebanon's Parliament [government website] Friday to go through a list of possible candidates for the position. Lebanon has been in a state of flux since the assassination of its former Prime Minister Rafik al-Hariri [JURIST report] on February 14 and the resignation of Prime Minister Omar Karami [JURIST report] later that month. Opposition parties were joined by the US in calling for the elections to proceed on time. The major opposition political parties believe that they will be able to win a majority in the current pro-Syrian legislature. Reuters has more.

2:31 PM ET - AP is reporting that Lebanese President Lahoud has named pro-Syrian lawmaker Najib Mikati as prime minister.





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Mexico City mayor waits for arrest as pardon floated
Alexandria Samuel on April 15, 2005 12:24 PM ET

[JURIST] The hopes of Mexico City Mayor Andres Manuel Lopez Obrador [World Mayor profile] for a presidential run in the 2006 national election remained uncertain Friday after a strange turn of events Thursday that saw current Mexican president Vicente Fox [official website] do an apparent about-face on the possibility of a pardon on criminal charges related to his alleged involvement in a land expropriation dispute. Early in the day Fox's director of international media said that Fox would consider pardoning Obrador, but within hours Fox chief spokesperson Ruben Aguilar [government website, in Spanish] said Fox was not considering a pardon. The conflicting reports come one week after Obrador announced he would surrender to authorities [JURIST report] after the Mexican Congress striped him of imunity from prosecution. No effort has as yet been made to formally arrest him. Some suspect that Fox considered the pardon to quiet allegations that Obrador's prosecution is a smokescreen to block the popular candidate’s expected run for president. The lead federal prosecutor in the case said this week that the case has not been presented to a judge. AP has more.






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Environmental brief ~ Feds sued for lack of alternative fuel vehicles
Tom Henry on April 15, 2005 12:16 PM ET

[JURIST] In Friday's environmental law news, a number of environmental groups have filed a complaint [not yet online] in federal court in San Francisco that alleges 14 government agencies have violated the US Energy Policy Act [DoE factpage], which requires that 75 percent of the new cars and light trucks they purchase run on alternative fuel, such as natural gas, ethanol, propane or electricity. The plaintiffs claim that many federal agencies have failed to report their purchases as required by law, and that it is unknown how many of the government's 600,000 vehicles run on alternative fuels. AP has more.

In other news,

  • Australian home products manufacturer James Hardie Industries [company website] has announced [press release, PDF] that members of the Baryulgil Aboriginal community in New South Wales will be able to claim compensation for diseases stemming from an asbestos mine in the town. The company, in agreement with Australian federal and local governments, has established compensation funds to settle asbestos claims. Original discussions had not included people in the area around the Baryulgil mine for access to the settlement fund. The Australian Broadcasting Corporation has more.





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Rights group says governments accepting weak assurances against foreign torture
Alexandria Samuel on April 15, 2005 11:51 AM ET

[JURIST] Human Rights Watch [official website] said in a new report [text] Friday that governments in both North America and Europe have negligently relied upon promises of humane treatment in order to transfer terror suspects to states with well-established records of torture. The 91-page report entitled Stiil at Risk claims that countries such as the United States, United Kingdom and Canada are using the promises of nations such as Egypt and Morocco to skirt their own legal obligations:

  • the US is cited for several "renditons" of prisoners to third countries, where they have alleged torture and abuse
  • Canada is cited for its security-certificate procedure under which terror suspects can be tried using secret evidence and deported to countries where torture is believed to be common, as long as that country vows not to abuse that particular person.
  • the UK is cited for seeking to deport suspected terrorists to Algeria and Morocco where torture is rife.
Sweden, the Netherlands, Austria and Germany are also named. The HRW report points to information released by the United Nations Special Rapporteur on Torture, and the Council of Europe Commissioner on Human Rights to prove that the countries in question have been warned that the use of assurances is eroding the global torture ban [Convention text]. Read the Human Rights Watch press release on the report here. AP has more.





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Judge orders Schiavo abuse investigation records released
Alexandria Samuel on April 15, 2005 11:40 AM ET

[JURIST] Florida circuit judge George Greer ordered the Florida Department of Children and Families [official website] on Thursday to release the records of its investigation into allegations [JURIST report] that Terri Schiavo [JURIST news archive] was abused prior to her death. Greer ruled that DCF must release the records to the public no later than Monday, noting that the public has an interest in knowing if DCF and Florida courts provide adequate care for vulnerable adults. Terri Schiavo’s parents allege that multiple fractures revealed on bone scans taken during her autopsy were rendered at the hands of her husband, Michael Schiavo, prior to the 1995 collapse that lead to her vegetative state. Michael Schiavo attorney George Felos contends that the fractures were a result of osteoporosis caused by years of immobility. DCF spokesperson Bill Spann says the agency will comply with the judge’s order. Read the order [PDF]. AP has more.






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Second Iraq prison camp disturbance in two weeks triggered by inmate murder
Matthew Shames on April 15, 2005 10:47 AM ET

[JURIST] Twelve detainees were injured Thursday night when a fight broke out at the US Camp Bucca prison camp [Wikipedia entry; JURIST news archive] in southern Iraq triggered by the murder of an inmate. The US military confirmed the fight among detainees in a statement [US Central Command news release] and said that guards had since regained control of the camp compound. Guards were not attacked and no US casualities were reported. The incident follows a riot at the same camp two weeks ago [JURIST report] initially reported by a representative of radical cleric Moqtada al-Sadr after a US denial which was later reversed. Inmates, relatives and human rights groups have complained of overcrowding at Camp Bucca and other US-run Iraqi detention centers, especially since security sweeps done in advance of the January 30 elections. AFP has more.






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Serb war crimes defendants allowed to return home pending trial
Matthew Shames on April 15, 2005 10:10 AM ET

[JURIST] Prosecutors have dropped objections to the release of four high ranking Serbian officials ahead of their trial for war crimes, allowing them to return to Belgrade as early as today. The four include Milan Milutinovic, a former Serbian president under Slobodan Milosevic, along with Nikola Sainovic, Dragoljub Ojdanic and Vladimir Lazarevic. It is common for the International Criminal Tribunal for the Former Yugoslavia [official website] to allow defendants to remain free pending trial when they are not considered either a danger to others or an escape risk. Read the ICTY press statement on their provisional release. AP has more.






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UN officials cited in US oil-for-food criminal complaint
Matthew Shames on April 15, 2005 9:55 AM ET

[JURIST] Two high-ranking but unidentified United Nations officials have been cited in the criminal complaint [PDF] released Thursday against South Korean businessman Tongsun Park for his involvement in the Iraq oil-for-food scandal [JURIST news archive]. Park is accused of accepting millions of dollars from the Iraqi government while operating in the US as an unregistered agent for Saddam Hussein. The criminal complaint details financial arrangements between Park and two UN officials involved in the oil-for-food program. Park has been involved in other scandals before, most notably an attempt to buy influence in Congress in the 1970s. Also yesterday, David Chalmers, owner of Texas oil company Bayoil, along with oil traders Ludmil Dionissiev and John Irving were indicted for involvement in the scandal [JURIST report]. The three men were charged with paying millions of dollars in kickbacks to the Iraqi government in exchange for oil deals. AP has more.






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Legal agenda and live webcasts ~ Friday, April 15
Chris Buell on April 15, 2005 12:01 AM ET

[JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Friday, April 15.

The US Senate [official website] convenes at 9:30 AM ET today, when it will consider H.R. 1268 [bill summary], the Iraq/Afghanistan Supplemental Appropriations bill. Watch a live webcast of the session.

The US House [official website] is not in session today.

The UN General Assembly [official website] continues its 92nd plenary meeting at 10 AM ET today. Watch a live webcast of the meeting.






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