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Legal news from Wednesday, July 6, 2005 |
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G-4 submits proposal to change UN Security Council framework
Alexandria Samuel on July 6, 2005 7:39 PM ET

[JURIST] In an anticipated move Wednesday, Germany, Japan, Brazil and India, also known as the G-4, submitted their UN Security Council [official website] restructuring plan to the UN General Assembly. The resolution proposes changing the current UN Security Council structure [UN profile] by adding six more permanent seats, and delaying the veto rights of new members for 15 additional years. Following a decision to delay submission of the resolution in order to get input from the US and Africa, the group announced its plan to seek a vote [JURIST report] on the matter last month. The African Union has announced plans [JURIST report] to submit a similar resolution, proposing six new permanent members and five new non-permanent members, with the goal of gaining more permanent seats on the council for African nations. Negotiations between the G-4 and AU are expected to take place at the G8 summit in Scotland this week. Reuters has more.


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States brief ~ NY Court of Appeals orders anti-war protestors' records resealed
Rachel Felton on July 6, 2005 6:07 PM ET

[JURIST] Leading Wednesday's states brief, the New York Court of Appeals ruled [PDF text] today that the prior dismissed charges against four anti-war protesters are to be resealed and not used against the protesters in determining their sentences for later convictions. The state's highest court reversed a lower court decision that allowed the records to be unsealed by finding that the few exceptions created by the state legislature for allowing the opening of sealed records "strongly suggest" records are allowed to be unsealed for criminal investigations, but not to increase sentences. The four were convicted of disorderly conduct and obstructing governmental administration as a result of a 2003 demonstration. AP has more.
In other state legal news ... - The Supreme Court of Texas heard oral arguments [audio] today on the constitutionality of the state's school funding system. The case is on appeal from a 2004 decision by District Judge John Dietz, who found the school funding system unconstitutional because it does not provide equal opportunity for education. State attorneys argued that it is the state legislature's responsibility to determine school funding policy and that the current system meets the minimal requirements of the Constitution [text], while attorneys for over 300 school districts argued that Texas does not spend enough money on schools to provide a "general diffusion of knowledge." Judge Dietz's imposed deadline of stopping school funding on October 1 if the violations are not corrected is on hold because of the appeal. The Texas House is currently debating a bill that would change the way the state finances education through taxes. View Texas Attorney General Greg Abbott's press release. AP has more.
- The West Virginia Supreme Court has struck down [decision text] the state's personnel policy barring state employees who receive temporary total disability benefits through workers' compensation from earning time toward their seniority and annual leave while on disability. The court found the practice discriminates because it allows workers on sick leave to accrue such time. In addition, the ruling upheld the government's policy of barring workers on temporary total disability from accruing sick leave time and receiving holiday pay. The policies are promulgated by the West Virginia Division of Personnel [official website]. AP has more.
- A Michigan court of appeals has ruled [PDF text] that the Detroit Area Regional Transportation Authority [official website] was created illegally and is void. The court found that the leaders who created the authority in 2003, including Detroit Mayor Kwame Kilpatrick [official website], Oakland County Executive L. Brooks Patterson, Wayne County Executive Robert Ficano and Macomb County Board of Commissioners Chairwoman Nancy White, did not have the power to make the deal. DARTA was designed to be a single authority to look at public transportation in the region. The Detroit Free Press has local coverage.


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Rights group calls for Afghanistan war crimes court
David Shucosky on July 6, 2005 4:45 PM ET

[JURIST] New York-based monitoring group Human Rights Watch [advocacy website] Wednesday issued a new report [text] calling for Afghan President Hamid Karzai [Wikipedia profile] to establish a Special Court to try high-level government officials and others [press release] accused of taking part in atrocities committed during Afghanistan's civil war from April 1992 to March 1993. The authors of the report recommended that the court be comprised of both Afghan and international judges, with an international majority, and that the prosecutors office be led by an international prosecutor. If it proves impossible to establish the Special Court in Afghanistan, because of political opposition, lack of judicial independence or political impartiality, or problems related to security of witnesses or court personnel, we recommend that the court be physically located outside of the country.
We are aware of the domestic sensitivities to this second proposal and the legal and practical complexities of implementing it. Still, we believe there are several good arguments for this approach that weigh in its favor. A Special Court, ideally located in Afghanistan but elsewhere if necessary, would have the best chance of meeting recognized fair trial standards. Such a court would also be better placed than a domestic court in the current environment to handle the complexities, both technical and political, of major trials. Karzai has previously announced support for investigations of war crimes, but made no decisions about the process. A spokesman said he would review the report before responding. BBC News has more.


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International brief ~ Pinochet stripped of immunity for human rights abuses
D. Wes Rist on July 6, 2005 3:10 PM ET

[JURIST] Leading Wednesday's international brief, in a ruling originally expected in June, the Santiago Appeals Court has held that former Chilean dictator Augusto Pinochet [Wikipedia profile; JURIST news archive] was not entitled to immunity from prosecution for alleged human rights abuses during Operation Colombo. An earlier ruling on Pinochet's immunity was delayed [JURIST report] due to an alleged minor stroke suffered by Pinochet. Many of the former leader's detractors have accused Pinochet of attempting to gain sympathy from courts by exaggerating his medical conditions. Pinochet lost his immunity [JURIST report] protecting his private financial records earlier in the year. Pinochet's lawyers have announced their intent to appeal the decision to the Chilean Supreme Court. JURIST's Paper Chase has continuing coverage of Augusto Pinochet [JURIST news archive]. BBC News has more.
In other international legal news ... - Zimbabwean President Robert Mugabe [Wikipedia profile] has responded to questions concerning families made homeless by the mass evictions [JURIST report] under "Operation Restore Order" by denying the existence of any homeless persons. Mugabe called the UN estimation of over 200,000 people left homeless "nonsense" and argued that the government program had prepared for all contingencies and was arranging housing for those moved out of illegal shanty towns. The UN homeless estimate was made in the second week of a now two-month-long program and Zimbabwean rights groups have put the current figure at nearly a million persons left homeless. The UN Special Envoy to Zimbabwe Anna Tibaijuka [official profile] has decided to remain in the country until the end of the week instead of filing her report earlier [JURIST report], as was originally intended. JURIST's Paper Chase has continuing coverage of Zimbabwe [JURIST news archive]. ZimOnline has local coverage.
- A trial court in Osaka, Japan [official website] has handed down the first ruling in the numerous civil suits filed against the Japanese government [official website] by repatriated "war orphans" of Japanese descent. The Court ruled against the plaintiffs, finding that the government owed no financial compensation to the individuals, many of whom didn't begin returning to Japan until the early 1980s. The plaintiffs are children who were left behind in the rush to flee China for Japan in 1945. Japan began attempting to repatriate the individuals in the '80s, but many of the orphans claim that they should have started the process much sooner. Wednesday's ruling included 32 of the 111 orphans filing against the government, and denied them all of the nearly $300,000 (USD) they were requesting. Counsel for the plaintiffs announced their intention to appeal the decision. JURIST's Paper Chase has continuing coverage of Japan [JURIST news archive]. BBC News has more. Japan Today has local coverage.
- Two staffers in Uzbekistan [government website] for the Internews Network, a US-based, non-profit media organization, have been charged with "conspiracy to engage in productions of videos and publications of informational materials without the necessary licenses" as the first step in a nation-wide crackdown on international NGOs by Uzbek authorities. The criminal charges, which carry sentences of up to six months incarceration, are the latest in a long line of attacks and intimidation aimed at foreign journalists in Uzbekistan. Read the Internews Network press release. IRIN News has more.


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Bush denies "litmus test" for high court nominees, defends Gitmo
David Shucosky on July 6, 2005 9:49 AM ET

[JURIST] President Bush on Wednesday said "litmus tests" on sensitive issues will not be a part of his search for a nominee to the Supreme Court, while still giving no names or timetable other than reinforcing his plan to have the vacancy filled by the Court's new term in October. Bush again defended from criticism [JURIST report] US Attorney General Alberto Gonzales and potential nominee, saying, "I don't like it when a friend gets criticized." Both liberal and conservative groups have taken issue with some of Gonzales' positions. Bush, who turns 59 today [White House profile], addressed the media from Denmark, where he also thanked the Danes for sending troops to Iraq and made some extended comments defending the US detention facilty at Guantanamo: The Prime Minister is concerned about what the situation on Guantanamo says about America and our view of liberty. Let me tell you what I told him. I said, first, the prisoners are well-treated in Guantanamo. There's total transparency. The International Red Cross can inspect any time, any day. And you're welcome to go. The press, of course, is welcome to go down to Guantanamo.
Secondly, we have sent many home. These people were picked up on the battlefield. They didn't wear uniforms, they weren't associated with a government, but they were on the battlefield. And so we put them in Guantanamo. We wanted to find out as much as we could about what they knew about this war on terror in order to protect our citizens. Many, it turned out, were sent home.
Thirdly, I assured the Prime Minister there's got to be a way forward for people held in Guantanamo, and there will be. The reason why you haven't seen any adjudication of individuals is because our court system is determining where best to try people, whether it be in a military tribunal where a person would have all -- lawyers and rights, or whether it be in the civilian courts. And once the judicial branch of our government makes its decision, then we'll proceed forward with giving people fair and open trials.
I just want you to remember we are in a war against these terrorists. My most solemn obligation is to protect the American people from further attack. These people are being treated humanely. There's very few prison systems around the world that have seen such scrutiny as this one. And for those of you here on the continent of Europe who have doubt, I'd suggest buying an airplane ticket and going down and look -- take a look for yourself.
Later Wednesday the President will be in Edinburgh, Scotland for the G8 summit. USA Today has more.


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New defense plan raises questions about domestic legal role of US military
David Shucosky on July 6, 2005 9:37 AM ET

[JURIST] A new US Department of Defense plan for defending the US from terrorist attacks, quietly approved last month [official press release], has raised questions about the level of involvement by the US military on its own soil. The plan, titled Strategy for Homeland Defense and Civil Support [PDF full text], does not provide or ask for new legal authority to act, but does spell out plans for military intelligence to work with civilian law enforcement, an expanded role for the National Guard, and reiterates the president's power to deploy troops domestically "to intercept and defeat threats." The 1878 Posse Comitatus Act [text], prohibits federal troops [Wikipedia backgrounder] from being deployed as law enforcement officers in the US without specific Congressional or constitutional authority. A Pentagon official said "nothing in our strategy...would move away from that historic principle", but a national security expert from the ACLU said limits seemed to conflict with duties and that the DOD "seems to be trying to have it both ways." The Washington Post has more.


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US terror center reports 3000+ terror attacks worldwide in 2004
Kate Heneroty on July 6, 2005 8:03 AM ET

[JURIST] Under a new, broader definition of terror attacks, the National Counterterrorism Center (NCTC) [executive order establishing NCTC] announced Tuesday there were 3,192 such attacks worldwide in 2004 resulting in 28,433 people killed, wounded or kidnapped. Under the old definition, the center had reported in April [press briefing transcript; NCTC report, PDF] that there 651 significant international attacks and 9,000 victims. The new figures include politically motivated violence carried out within a country, while previously a victim from another country was necessary. Another change removes the $10,000 damage or serious injury requirement to be classified as an attack. The new figures do not count attacks against US troops in Iraq, as they are considered combatants. A new public, searchable database went online Wednesday to track terrorism around the world [NCTC Worldwide Incidents Tracking System], but NCTC interim director John Brennan cautioned the database was not "black and white and perfect" and that terrorist acts must be classified on a case-by-case basis. AP has more.


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