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Legal news from Saturday, August 20, 2005




London Metropolitan Police keep "shoot-to-kill" policy
Christopher Tate on August 20, 2005 4:32 PM ET

[JURIST] A Metropolitan Police [official website] spokeswoman announced Saturday that the department would not modify its policy of using deadly force against suspected terrorists. The Independent Police Complaints Commission [official website] is conducting a review of police conduct after officers shot and killed an innocent man [JURIST report] they mistakenly suspected of involvement in the July 21 subway bombings in London [JURIST report]. The family of the shooting victim has called for the resignation [JURIST report] of Metropolitan Police Commissioner Ian Blair; the Metropolitan Police deny reports that they offered $1 million (USD) to the family. AP has more. Read IPCC's press release following a meeting with the victim's family.






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UN calls for Iraq to abandon reinstatement of death penalty
Christopher Tate on August 20, 2005 4:16 PM ET

[JURIST] Ashraf Qazi, special representative of UN Secretary-General Kofi Annan, asked Saturday that Iraq reconsider its decision to resume carrying out executions, three days after the Iraqi government approved three death sentences [JURIST report]. The US-led occupation placed a moratorium on capital punishment after removing former dictator Saddam Hussein [JURIST news archive] in 2003; after the end of formal occupation, the death penalty was reinstated [JURIST report]. While formally opposed to capital punishment, Iraqi President Jalal Talabani [Wikipedia profile] authorized his vice-president to sign the death warrants, a move that some believe could set a precedent for the potential execution of Hussein following his trial for his alleged role in the massacre of Shiite Muslims in 1982 [JURIST report]. AFP has more.






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Kurds may drop secession demands in Iraq constitution negotiations
Christopher Tate on August 20, 2005 3:40 PM ET

[JURIST] Kurdish officials discussed dropping their demand for a constitutional right to secede Saturday, as negotiations continued on the drafting of the Iraqi constitution [JURIST news archive]. Kurds have faced opposition to their demand for self-determination [JURIST report] from various Sunni groups associated with Prime Minister Ibrahim al-Jaafari's Dawa Party [party website in Arabic] and cleric Muqtada al-Sadr [Wikipedia profile]. This opposition has been instrumental in the disagreements that forced the drafting committee to request a week-long extension [JURIST report] on August 15. The draft must now be completed by Monday, August 22. AP has more.

In a related development, US officials eased pressure on Islamists Saturday concerning the role of Islamic law as a source for the new constitution. Shiite clerics have urged government leaders to use Islam as a primary source for the new law [JURIST report], while other groups are concerned about the implications for women and civil rights [JURIST report]. Reuters has more.






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Federal agency keeps trucker hours rule despite appeals court decision
Christopher Tate on August 20, 2005 3:25 PM ET

[JURIST] Federal Motor Carrier Safety Administration [official website] officials announced [press release] Friday that the rule allowing truckers to stay behind the wheel for 11 hours straight will not be changed, despite a federal appeals court decision overturning the rule. Rather, the hours of service regulations [FMCSA backgrounder] now require truckers taking a break in a sleeper berth to spend at least 8 consecutive hours in it, rather than splitting the break time between sleep and time off. The Court of Appeals for the District of Columbia rejected the rule [PDF opinion; JURIST report] last year as arbitrary and capricious and safety groups and truckers have assailed the 11-hour requirement as unsafe. AP has more.






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Chilean court upholds tax fraud charges against Pinochet wife, son
Christopher Tate on August 20, 2005 3:15 PM ET

[JURIST] A Chilean appeals court denied a motion to dismiss tax charges against the wife and son of former Chilean dictator Augusto Pinochet [Wikipedia profile, JURIST news archive] Friday. Chilean prosecutors filed charges [JURIST report] against Pinochet's relatives last week, alleging they were complicit in hiding millions of dollars in over 100 accounts, including some in the US [JURIST report]. The Santiago Appeals Court has stripped Pinochet's immunity [JURIST report] on these charges and on charges of human rights violations [JURIST report]; the prosecutor is waiting on these immunity decisions to reach their final appeal before pressing charges against Pinochet himself. Reuters has more.






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Nigerian president admits police engaged in murder, rights violations
Christopher Tate on August 20, 2005 3:05 PM ET

[JURIST] Nigerian President Olusegun Obasanjo [official website] has admitted that Nigerian police forces have engaged in killings of suspects and innocent civilians, as well as torture and other civil rights violations. Obasanjo's admission comes only weeks after Nigerian officials denied allegations of torture [JURIST report] made in a new report [text] by Human Rights Watch [advocacy website]. Obasanjo pledged swift action against all offending police officers, including six who are on trial for killing civilians and then posthumously framed them for armed robbery. IRIN has more.






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