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Legal news from Sunday, July 31, 2005




Milosevic may serve time in Russian prison
Holly Manges Jones on July 31, 2005 4:18 PM ET

[JURIST] Former Yugoslav president Slobodan Milosevic [Wikipedia profile; JURIST news archive] may be able to serve his expected prison sentence in Russia close to where his wife lives, according to a plan being supported by officials in the US and United Kingdom and reported in London's Sunday Times. Milosevic's trial before the International Criminal Tribunal for the Former Yugoslavia [official website] for war crimes and genocide in Kosovo, Croatia and Bosnia has been going on for four years and lawyers anticipate it may be another year and a half before it is finished. The former president is expected to be sentenced to a minimum of 20 years in prison even if he is convicted of the lesser charges of crimes against humanity. Victims' families have spoken out against Milosevic being allowed to serve his sentence in Russia, but the western countries covering the trial's bill are interested in seeing a quicker ending date with the 2005 budget alone expected to be over $100 million. It is anticipated that Milosevic would be less likely to appeal a prison sentence in Russia. The Sunday Times has more.






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Senate Dems say Bolton "lacks credibility" as recess appointee to UN
Holly Manges Jones on July 31, 2005 4:14 PM ET

[JURIST] Lead Democrats in the US Senate spoke out Sunday against President Bush's expected recess appointment [JURIST report] of John Bolton [official profile] as UN ambassador without a confirmation by Congress, saying he "lacks credibility" and would be "damaged goods." Senator Christopher Dodd (D-CT) [official website] told "Fox News Sunday" [media website] that this would be the first time since 1948 that a recess appointment was made for such a psotion and "That's not what you want to send up, a person that doesn't have the confidence of Congress." Republican Senator Mitch McConnell [R-KY) [official website] meanwhile defended Bolton's brash style on Fox saying he is "exactly what the UN needs at this point." No vote has been taken on Bolton's nomination due to accusations that he took advantage of intelligence analysts through his role as the head US diplomat for arms control and Bolton's inaccurate statements [JURIST report] on a confirmation process questionnaire. On Friday, Democratic Senators sent a letter [text] to President Bush opposing Bolton's recess appointment [CRS backgrounder, PDF]. If appointed, Bolton would only be able to serve as UN ambassador until January 2007, when a new Congress takes office. Reuters has more.






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Yemeni foreign minister says US releasing 7 Yemen citizens from Gitmo
Holly Manges Jones on July 31, 2005 3:46 PM ET

[JURIST] Yemen's foreign minister said Sunday that the US has officially agreed to release seven Yemenis currently being held at the US terror detention camp at Guantanamo Bay [JURIST news archive]. Abu Bakr al-Qirbi said a date has not been determined for the prisoners' hand-over and authorities have been told there are a total of 107 Yemen citizens detained at the US base. Another Yemeni official said a security team will begin trying to identify all those being held. Earlier this month, the Pentagon said it released seven other Guantanamo prisoners [JURIST report] to Saudi Arabia, Sudan and Afghanistan. Reuters has more.






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London police arrest seven more bomb suspects
Holly Manges Jones on July 31, 2005 3:24 PM ET

[JURIST] A spokesperson for the London Metropolitan Police [official website] said Sunday that they have made seven more arrests of individuals believed to have been involved in the July 21 London bombing attempts [JURIST report]. The arrests were made during raids on two buildings in Brighton, England. Meanwhile police in Italy have also detained a second brother of Osman Hussain, the main suspect taken into custody [JURIST report] for the botched bombings, for allegedly destroying documents. Hussain's lawyer said in an interview with Italian news agency ANSA [official website in Italian] Sunday that his client told him the bombs were only meant to draw attention, not kill, and were set off in protest of the war in Iraq. AP has more.






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Australia fines company for mistreatment of asylum-seekers
Alexandria Samuel on July 31, 2005 2:01 PM ET

[JURIST] In the latest controversy surrounding Australia's detention of illegal immigrants seeking asylum [JURIST report], the private company responsible for running the detention camps for asylum-seekers has been fined $378,286 for mistreating 5 detainees. Global Solutions Limited [official website] was fined after an investigation revealed that during a seven hour transport from Maribyrnong and Baxter Detention facilities in September 2004, five detainees were denied food, water, and bathroom breaks, and were physically abused. Australia Immigration Minister Amanda Vanstone says she is outraged by the incident. [JURIST report]. Australia has recently softened its mandatory detention policy [SafeCom backgrounder] for illegal asylum seekers, especially as regards children [JURIST report]. AFP has more.






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Ex-president Carter calls Iraq war "unjust", Gitmo an "embarrassment"
Alexandria Samuel on July 31, 2005 1:28 PM ET

[JURIST] During a speech Saturday, former US President Jimmy Carter called the war in Iraq "unnecessary and unjust", and referred to the US detention of terror suspects at Guantanamo Bay [JURIST news archive] an "embarrassment". In June, Carter had joined others calling for the shutdown of the camp [JURIST report]. He made his remarks during an address at the Baptist World Alliance centenary conference in Birmingham, England. Carter was careful to denounce the actions of terrorists, but did state that recent reports of abuse and torture at Guantanamo gives "impetus and excuses to potential terrorists to lash out at our country and justify their despicable acts". AP has more.






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Thousands in Japan demonstrate for preservation of pacifist constitution
Alexandria Samuel on July 31, 2005 1:19 PM ET

[JURIST] In Tokyo, thousands of demonstrators gathered outside a conference held by the Article 9 Association [official website] Saturday to protest proposed changes to Japan's constitution [text] that would eliminate Article 9, otherwise known as the pacifist clause. Article 9, drafted under Allied forces occupation following World War II, provides:

Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes. 2) In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized.
On Thursday, Japan's ruling Liberal Democratic Party announced the approval of outlines that call for rewriting the pacifist provision [Japan Today report] to stipulate Japan's possession of a "self-defense military". AP has more.





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Iraq constitution committee requesting 30-day extension
Alexandria Samuel on July 31, 2005 12:37 PM ET

[JURIST] Iraq's constitutional drafting committee [official website] announced Sunday that it will submit a formal request to the Iraqi National Assembly Monday to extend the committe's current August 1 draft due date by 30 days. The committee was expected to submit a draft to the National Assembly on August 1, which in turn had until August 15 to approve the draft and present to voters for an October 15 referendum. Committee member Bahaa al-Araji told reporters that Kurdish members originally requested a six month extension as provided for in the country's Transitional Administrative Law to work out major disputes, including issues of federalism, dual nationality and the role of Islam [JURIST report]. The extension request comes after several setbacks, including a five-day Sunni delegate boycott, and increasing violence in the region. It is not clear if the extension request will impact voter registration for the October poll scheduled to begin August 1 [JURIST report]. AP has more.






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