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Legal news from Saturday, July 9, 2005




Members of Iraqi constitutional committee doubt completion by deadline
Christopher Tate on July 9, 2005 4:08 PM ET

[JURIST] Some of the 55 delegates to the Iraqi constitutional drafting committee [official website] are expressing pessimism about their ability to overcome ideological differences in time to have a working document ready for review by National Assembly on August 15, countering earlier statements by the head of the committee [JURIST report]. The committee was recently expanded by adding fifteen unelected Sunnis and one member of a smaller religious sect [JURIST report] to the predominantly Shiite body, and some members feel that this addition has complicated the debate on issues such as women's rights, federalism, and the role of religion. A Christian member of the team highlighted the difficulty in working through the federalist problem, noting that the Sunnis are suspicious of Kurdish efforts to expand their autonomy. VOA has more.






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Disney nephew drops lawsuit against company
Christopher Tate on July 9, 2005 3:12 PM ET

[JURIST] The Walt Disney Co. [corporate website] shareholder derivative lawsuit filed in May by nephew of founder Walt Disney and Disney shareholder Roy Disney [official website] was dropped Friday evening after the two sides came to agreement. Roy Disney and business partner Stanley Gold sued the company in May [JURIST report], claiming that the selection of new CEO Robert Iger [official profile] as a replacement for former Chief Executive Michael Eisner [official profile] was the result of a deliberately incomplete process that misled shareholders. The settlement, which gives Roy Disney the non-voting but ostensibly influential position of Director Emeritus at the company, ends years of infighting between the media giant and the close relative of its founder. Last year, Roy Disney and Gold had led a cadre of shareholders in a no-confidence vote [text of statement, Sept. 13, 2004] that resulted in Eisner's resignation from the position of CEO, effective Sept. 30 of this year. Marketwatch has more. Read the joint statement announcing the settlement from Walt Disney Co., Stanley Gold, and Roy Disney.






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French court frees former Guantanamo detainee
Christopher Tate on July 9, 2005 3:06 PM ET

[JURIST] Imad Achab Kanouni, a French citizen once held in the American detention facility at Guantanamo Bay [JURIST news archive] was released from French custody Friday. Top French anti-terrorism judge Jean-Louis Bruguiere [Wikipedia profile] ordered Kanouni's release from French detention, where he had been held for a year after being returned to French custody. Kanouni had been apprehended by Pakistani police after the Taliban ordered foreigners out of Afghanistan in late 2001. There was no evidence that Kanouni had visited a terrorist camp in Afghanistan, and his lawyer alleged that the Pakistanis had transferred him to US custody only after an exchange of money. AFP has more.






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Italian police arrest 142 in post-London anti-terror sweep
Holly Manges Jones on July 9, 2005 11:52 AM ET

[JURIST] Italian police have arrested 142 people over the past two days in a security sweep to forestall potential terrorist attacks in the wake of the London bombings, according to a Saturday report [text in Italian] from Italian news agency ANSA. Some 2,000 carabinieri policemen have been detailed to patrol subways, trains and other sites in the Milan area. Regional carabinieri commander Gen. Antonio Girone said the focus was on Milan "as a possible primary objective of any possible terrorist action" in retaliation for the country's support in the wars in Iraq and Afghanistan. An unverified message [BBC translation] from a previously unknown Islamist terror group claiming responsibility for the London bombings declared Thursday that "We continue to warn the governments of Denmark and Italy and all the Crusader governments that they will be punished in the same way if they do not withdraw their troops from Iraq and Afghanistan. He who warns is excused...". The arrests prompted 52 deportation orders for some 83 immigrants who are now in Italian police custody. Security has also been increased around the Vatican [AP report]. AP has more.






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UK Home Secretary not rushing counter-terror laws after London bombings
Holly Manges Jones on July 9, 2005 11:00 AM ET

[JURIST] UK Home Office [official website] Secretary Charles Clarke [official profile] is sticking to his late fall timetable to introduce a new bill to combat terrorism despite pressure to push through laws now [JURIST report] in the aftermath of the London bombings. Clarke has said the bill will impose sanctions on individuals caught preparing terrorist acts. Other subjects that may be covered in the bill include phone tapping and a lesser standard of proof before suspects are arrested, but Clarke has not confirmed that these will be part of the legislation and an aide has said it will be more focused on "technical adjustments" requested by intelligence agencies. Government ministers believe that the bombings will foster a more accepting atmosphere for "control orders" imposed by Clarke [JURIST report] which allow suspects to be placed under house arrest, and will also decrease opposition to the national ID card proposal [Home Office backgrounder] to tackle illegal immigration and identity fraud. The Financial Times has more.






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Judge refuses to admit England statements on Abu Ghraib abuse
Holly Manges Jones on July 9, 2005 10:37 AM ET

[JURIST] Military judge Col. James Pohl ruled Friday that the statements Pfc. Lynndie England [Wikipedia profile; JURIST news archive] made to Army investigators in January 2004 regarding her actions in the Abu Ghraib prison scandal [JURIST news archive] cannot be admitted as evidence in her trial. Pohl explained the ruling by saying he believes England did not completely understand the potential ramifications of speaking to the investigators and thus waiving her rights against self-incrimination. The ruling followed expert testimony indicating that England tries to please individuals in positions of authority and has difficulty comprehending complex language. The judge said he would listen to evidence by the prosecution to possibly readmit one of the two statements. On Thursday, Pohl refused the defense's request that he step down [JURIST report] after declaring a mistrial in England's first trial. AP has more.






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Chilean appeals court says Pinochet able to stand trial for killings
Holly Manges Jones on July 9, 2005 9:47 AM ET

[JURIST] A three-judge panel of the Santiago Appeals Court ruled Friday that former Chilean dictator Augusto Pinochet [Wikipedia profile] is physically and mentally fit to stand trial for the alleged murders of brothers Hector and Guido Barria Bassay by agents of his regime in 1973. The ruling contradicts one a month ago by another panel of the appellate court which said Pinochet "lacks the aptitude to be the subject of a criminal proceeding" for allegedly being involved in ten killings by military dictatorships in Operation Condor [Wikipedia backgrounder] during the 1970s, but Pinochet lost his immunity from prosecution [JURIST report] for those human rights violations earlier this week. Additionally, in 2002 the Chilean Supreme Court said Pinochet was unable to mentally stand for trial for over 70 murders and disappearances in 1973. Pinochet is currently 83 years old and has suffered several minor strokes [JURIST report], but has recently been seen in public and information has surfaced regarding his efforts to hide his wealth and evade taxes, which contributed to the court's changed ruling. EFE has more.






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