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Legal news from Thursday, October 13, 2005




UK Parliament bans 15 more terror organizations
Jaime Jansen on October 13, 2005 8:31 PM ET

[JURIST] Following a proposal [JURIST report] Monday by UK Home Secretary Charles Clarke [official profile], Britain's Parliament [official website] on Thursday added 15 terror organizations with suspected links to al Qaeda to a list of 25 organizations already banned under the Terrorism Act 2000 [text]. Prominent newly-banned groups include Ansar Al Islam [profile], a group blamed for multiple attacks in Iraq, the Libyan Islamic Fighting [US Navy profile], and Groupe Islamique Combattant Marocain, which may have been involved in the 2004 Madrid and 2003 Casablanca attacks. Under the Terrorism Act 2000, membership in a prohibited group is a criminal offense with a possible ten-year prison sentence. The bans go into effect Friday. BBC News has more.






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Prosecutor subpoenas DeLay telephone records
Jaime Jansen on October 13, 2005 7:49 PM ET

[JURIST] Texas prosecutor Ronnie Earle [website] on Thursday subpoenaed telephone records from the home and political campaign office of former House Majority Leader Tom DeLay (R-TX) [official website; JURIST news archive] Earle also subpoenaed the telephone records of DeLay’s daughter, Dani DeLay Ferro, in his effort to uncover information on the fundraising activities of DeLay’s political committee, Texans for a Republican Majority, during the 2002 election cycle. DeLay’s attorney, Bill White, believes Earle wants to investigate contacts between DeLay and two associates indicted [JURIST report] in the case, Jim Ellis and John Colyandro. In the past two weeks DeLay has been indicted on one count of criminal conspiracy [JURIST report] and one count of money laundering [JURIST report]. AP has more.






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South Africa repeals last apartheid law
Jaime Jansen on October 13, 2005 7:33 PM ET

[JURIST] South Africa on Thursday repealed the oppressive Black Administration Act [PDF text], ending the last vestige of apartheid. The 1927 Act had provided a uniform system of administration and regulation for black people by empowering tribal chiefs and regulating the succession of estates. Its enforcement also thwarted attempts by black women to purchase or lease property and resulted in forced evictions. The repeal of the Black Administration Act comes more than a decade after the country's first democratic elections resulted in black political leadership. South Africa's parliament [official website] must change all other laws affected by today's bill by July 2006. Reuters has more.






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States brief ~ NY appeals court rules civil union partner has no standing to sue hospital
Rachel Felton on October 13, 2005 5:21 PM ET

[JURIST] Leading Thursday's states brief, a New York appeals court [official website] ruled today that a member of a Vermont civil union has no standing to sue a Manhattan hospital for malpractice in the death of his partner. In finding that the partner had no standing, the court stated, "any contrary decision, no matter how circumscribed, will be taken as judicial imprimatur of same-sex marriages and would constitute a usurpation of powers expressly reserved by our Constitution to the Legislature." The attorney for John Langan, a 15-year partner of the deceased, said, "if this decision is allowed to stand, same-sex couples will be denied the very significant and important protections that all married heterosexual spouses can get." AP has more.

In other state legal news ...

  • The Oregon Supreme Court ruled [text] Thursday that the Portland School District did not have the power to terminate its 300 janitors and subcontract the work out to a private company, as a state law [text] says janitors are employees of the school district and not of a private company. The majority found "when the 1937 Legislature defined custodians and assistant custodians as 'employees' it intended to define the legal status of those workers," but four dissenters found that law does not apply to janitorial workers and they are not district employees. The school district outsourced the work to save money and Leslie Frane, executive director of Service Employees International Union [union website] Local 503, said after the decision, "we hope that this decision will make other employers think twice before they try to save a quick buck by outsourcing crucial services." The high court ruling overturned the decision of the court of appeals [ruling]. AP has more.

  • New Hampshire Governor John Lynch has filed a brief [press release] with the US Supreme Court, asking it to declare the state's parental notification for abortions unconstitutional. Lynch says the law, which requires a doctor or clinic to notify a minor's parents 48 hours before performing an abortion, risks the health of women. His position is in opposition to state Attorney General Kelly Ayotte [official website], who argues a women's health can be protected because the law allows a court to intervene and other laws allow a doctor to act in an emergency. The Supreme Court is expected to hear the case at the end of November. View the governor's brief here and Attorney General Kelly Ayotte's brief here [PDF]. AP has more.





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Hundreds still held awaiting hearings in wake of Katrina
Greg Sampson on October 13, 2005 4:41 PM ET

[JURIST] Human Rights Watch said Thursday that hundreds of individuals accused of minor crimes in New Orleans before Hurricane Katrina [JURIST news archive] struck are still detained in temporary local correctional facilities, awaiting a hearing before a judge. The chaos in the days after the hurricane forced parish prisons to be evacuated and courthouses to be closed. One parish prison is said to have erupted in violence after guards fled [JURIST report] after the storm. HRW pointed out that six weeks after Katrina struck New Orleans, many of those accused of minor crimes would under normal circumstances already have served their sentences had they been convicted; instead, they are locked up around the state and separated from their families who are themselves struggling to recover. Read the HRW press release and review collected testimony from arrestees and






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Uzbek rights activist arrested, held on extortion charges
Greg Sampson on October 13, 2005 4:01 PM ET

[JURIST] Uzbek police have arrested activist Mukhtabar Tojibaeva [HRW press release], hours before she was expected to attend a human rights conference. Tojibaeva, who heads up the human rights organization Fiery Hearts, has been a vocal critic of the Uzbek government's alleged massacre [JURIST report] of 200 Uzbek citizens during an uprising [JURIST report] in the town of Andijan on May 13. She is currently being held on charges of extortion, New York-based Human Rights Watch announced Thursday. Human rights groups believe the charges against Tojibaeva were fabricated, and the arrest calculated to silence her vocal criticism of the Uzbek government. The Guardian has more.






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Samsung, DOJ reach deal in price-fixing conspiracy case
Greg Sampson on October 13, 2005 3:44 PM ET

[JURIST] The US Department of Justice [official website] on Thursday announced [press release] that Samsung Electronics Co. Ltd. [corporate website] will plead guilty to charges that it conspired with other technology companies to fix prices on some of its dynamic random access memory (DRAM) chips. Under the plea deal, Samsung has agreed to pay $300 million in fines, the second largest antitrust fine in US history, and will cooperate in any further investigations. This latest settlement is part of the DOJ's ongoing investigation into price-fixing in the DRAM industry. Hynix Semiconductor [corporate website] in April pleaded guilty to conspiracy charges [JURIST report] for the role it played in the price-fixing scheme. In December, 2004, four Infineon executives pleaded guilty to similar charges of price-fixing [JURIST report]. Seven Samsung executives are not party to today's settlement, and may still face charges for their role in the price fixing scheme. Bloomberg has extended coverage of the Samsung settlement. Reuters has more.






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Miers will not withdraw nomination, White House says
Christopher G. Anderson on October 13, 2005 3:39 PM ET

[JURIST] Harriet Miers will not withdraw her nomination to the US Supreme Court, White House spokesman Scott McClellan told reporters [press briefing transcript] Thursday. McClellan, when asked if Miers might withdraw her name, insisted that, "no one that knows her would make such a suggestion." The Miers nomination [JURIST news archive] continues to be a favorite target [JURIST report] of conservative critics who have attacked her alleged lack of a clear judicial philosophy and continue to question whether she is the nation's top qualified nominee. The Wall Street Journal reported Thursday that prior to her nomination, a "last minute effort was made to block the choice of Ms. Miers, including the offices of Vice President Cheney and Attorney General Alberto Gonzales." AP has more.

Previously in JURIST's Paper Chase...






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Sunni group continues opposition to Iraq constitution
Greg Sampson on October 13, 2005 3:14 PM ET

[JURIST] The Association of Muslim Scholars [Global Security backgrounder] on Thursday urged Iraqis to reject the draft Iraqi constitution [JURIST news archive; JURIST document] when it comes up for referendum on October 15 [IECI fact sheet, PDF]. A spokesman for the influential Sunni group asserted that even with the Iraqi government's latest agreement [JURIST report] intended to win Sunni support, the draft constitution still risked a breakup of the country. He added that no document drafted while American forces still occupied the country should be legitimate. The New York Times has more.






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Britain considering plan to 'tag and release' prisoners
Christopher G. Anderson on October 13, 2005 2:54 PM ET

[JURIST] Faced with a growing problem of overcrowded jails, British officials are considering fitting some prisoners with electronic tags and releasing them, a government minister said Thursday. According to a report [text] in the Times, the plan calls for criminals sentenced to four years in prison to be freed after just 18 months, while those sentenced to a two-year sentence could spend as little as six months in jail. Home Office Minister Fiona MacTaggart [party website] insisted that prisoners would only be freed under the plan if they had been "fully risk assessed." From Britain, the Times has local coverage. AP has more.






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Mexicans fear US border control will lead to human rights violations
Christopher G. Anderson on October 13, 2005 2:32 PM ET

[JURIST] The Mexican government [official website] is concerned that Texas Gov. Rick Perry's "Operation Linebacker," a pledge of $9.7 million to beef up security along the US-Mexico border, will lead to human rights violations. In a statement released late Wednesday, Mexican officials said that their government remains committed to combating crime on both sides of the border, but fears that militarizing the border will lead to violations of humanitarian law [ICRC backgrounder]. Perry's "Operation Linebacker" [overview; press release] will provide the Texas Border Sheriff's Coalition with $3 million to hire additional deputies, $3 million for overtime pay and $3.7 million for other initiatives. Mexico also called for the US to establish new mechanisms that would allow legal migration that respects human rights. AP has more.






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UPDATE ~ Saddam to be charged with premeditated murder, torture
Christopher G. Anderson on October 13, 2005 1:39 PM ET

[JURIST] Following up on a report in JURIST's Paper Chase earlier today, Saddam Hussein [JURIST news archive] will likely face charges of premeditated murder, torture and forced expulsion and disappearances for his alleged role in a 1982 massacre of Shiites [NPR audio report] when his trial begins next week, a court official said Thursday. Hussein was charged [JURIST report] in July in connection with the 1982 attack, but exact charges have not yet been disclosed. Hussein could face the death penalty [JURIST report] if convicted for the killings of 143 Shiites in Dujail after villagers there failed in an attempt to assassinate Hussein. According to court officials, a gunman opened fire on Hussein's motorcade as he passed through the town. Hussein, unhurt by the attack, allegedly ordered Iraqi army helicopters to fire on villagers, while troops rounded up and imprisoned residents. AP has more. Chief judge Raed Juhi also said Thursday that he hoped the trial would be broadcast live on TV [BBC report], although he said that that decision would be up to the other trial judges in the case.






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US Air Force withdraws guidelines allowing evangelism
Christopher G. Anderson on October 13, 2005 1:05 PM ET

[JURIST] Chaplains in the US Air Force [official website] will no longer subscribe to a code of ethics that endorses the evangelizing of service members not affiliated with any religion, Air Force officials have announced. The move comes in the wake of a lawsuit filed [JURIST report] by a Jewish graduate of the US Air Force Academy (USAFA) [official website] who claims that other service members illegally imposed Christianity on him. In June, a military report [PDF text; JURIST report] detailed religious insensitivity at USAFA, but found no overt acts of religious discrimination. Reuters has more.






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Federal judge rules trustee not responsible for losses in UAL employee stock plan
Holly Manges Jones on October 13, 2005 12:22 PM ET

[JURIST] A federal judge has ruled that State Street Bank and Trust Company [bank website] will not be held responsible for major losses in a United Airlines (UAL) [corporate website] employee stock-ownership plan. Over 70,000 United employees and retirees filed a class action lawsuit [JURIST report] in 2003 alleging that the trustee bank held on to UAL stock for too long, watching it rapidly deteriorate in value, despite knowing that the corporation was unstable. US District Court Judge Samuel Der-Yeghiayan disagreed, saying State Street did not know that United was nearing bankruptcy, so it could not have been expected to sell the UAL stock. A previous settlement with the employee stock-ownership plan committee allows participants to split $5.25 million, which is expected to give each employee and retiree only $20. The plaintiffs plan to appeal the ruling. AP has more.

Previously on JURIST's Paper Chase...






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Lebedev lawyers ask for client location, documents on possible charges
Holly Manges Jones on October 13, 2005 11:52 AM ET

[JURIST] Lawyers for Platon Lebedev, business partner of jailed Russian oil tycoon Mikhail Khodorkovsky [JURIST news archive], said Thursday that they have asked the Russian General Prosecutor's Office for information on the whereabouts of their client and have also requested to see him. A spokesman for the prosecutor's office previously said that Khodorkovsky and Lebedev would face new charges following their fraud and tax evasion convictions [JURIST report] earlier this year. The new charges will be based on the "legalization of criminally obtained funds, totaling billions of rubles." Lebedev's lawyers have asked to see the order to commence criminal proceedings against him, the orders to extend preliminary investigations, and other procedural documents related to the potential charges. A prison official confirmed Wednesday that Lebedev and Khodorkovsky are being transferred from Moscow to the prison [JURIST report] where they will serve their 8-year jail terms, and said that their location will be revealed when their move is complete. From Moscow, RIA Novosti has more.






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New arrest warrant issued for Milosevic's wife
Jamie Sterling on October 13, 2005 11:50 AM ET

[JURIST] Serbian authorities issued a new arrest warrant [JURIST report] for the wife of former Yugoslav President Slobodan Milosevic [JURIST news archive] Thursday. Mirjana Markovic [Wikipedia profile], who fled Russia in 2003 in the face of an international warrant, failed to appear before a Belgrade court for alleged corruption charges. The international warrant was revoked in June [JURIST report] when her lawyers promised she would show up for the hearing, but a spokesman for Markovic said she failed to show because a national warrant was still in force against her. Markovic is accused of giving government apartments to her grandson's nanny and Communist party officials. BBC News has more.






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Ohio high court says cash-only bonds unconstitutional
Jamie Sterling on October 13, 2005 11:42 AM ET

[JURIST] The Ohio Supreme Court [official website] has ruled that it is unconstitutional for judges to require cash-only bonds pending trial. In a 4-3 ruling [PDF opinion] Wednesday, the court said that a 1993 decision that said that Ohio defendants can meet bond requirements by cash deposit, pledges of property or securities, or by bail bond was not changed by a 1998 state constitutional amendment that allows courts to deny bail to defendants jailed for felonies when they pose a risk of serious physical harm. The ruling could affect thousands of criminal defendants across the state. AP has more. Thursday's Cincinnati Enquirer has local coverage.






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UN tribunal allows indicted ex-Kosovo PM to resume political activities
Holly Manges Jones on October 13, 2005 11:25 AM ET

[JURIST] The UN-backed International Criminal Tribunal for the Former Yugoslavia (ICTY) [official website] has said that it will allow former Kosovo Prime Minister Ramush Haradinaj [BBC profile] to participate in politics during his provisional release pending his war crimes trial. The tribunal eased the conditions of Haradinaj's release [ICTY decision], giving the UN Mission in Kosovo (UNMIK) [official website] the ability to allow or reject his proposed political activities on a case-by-case basis. Haradinaj, a former regional commander of the Kosovo Liberation Army [BBC backgrounder], faces charges [ICTY case backgrounder] of murder, rape and deportation of Serb civilians during the war against Serb forces in 1998-99. He was commended for quickly turning himself over to the tribunal earlier this year upon his indictment. One dissenting tribunal judge disagreed with the decision to give the UNMIK authority over Haradinaj's political activities, saying it would give Kosovo citizens the impression that he was being gradually reinstated as a key political leader. No date has yet been set for Haradinaj's trial. Reuters has more.






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Iraqi tribunal confirms Oct. 19 Saddam trial date
Jamie Sterling on October 13, 2005 11:14 AM ET

[JURIST] A spokesman for the Iraqi Special Tribunal (IST) [official website] said Thursday that the trial of Saddam Hussein [JURIST news archive] is still set to begin on October 19, despite concerns that the trial may be postponed. Investigatory judge and IST spokesman Raad Jouhi also said Thursday that Hussein and seven others will appear in court next week [Reuters report] to face a five-man panel in Court 1 of the IST. Answering questions about whether Hussein would face the death penalty, Jouhi said that the trial "will be subject entirely to Iraqi laws" and that "Article 405 of the Iraqi criminal code, which relates to premeditated murder, makes provision for life in prison or for execution if the defendant is found guilty." Last month, Hussein's Iraqi lawyer attempted to delay the trial, but his request [JURIST report] was rejected [JURIST report]. Hussein will be tried for the 1982 massacre of Shiite Muslims at Dujail [NPR audio report], but other charges are pending. Reuters has more.






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Rights group criticizes Australian anti-terror proposals
Jamie Sterling on October 13, 2005 10:57 AM ET

[JURIST] New York-based Human Rights Watch (HRW) [advocacy website] condemned [HRW press release] Australia's proposed anti-terror legislation [government backgrounder] Thursday as a violation of international law and called the proposal "a shocking departure from Australia's proud tradition of protecting individuals from an overly powerful state". Last month, Australian Prime Minister John Howard [official website] won unanimous support [JURIST report] for the legislation which allows detention without charge, house arrest, and the electronic tagging of suspects. AFP has more.






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Sweden to propose law authorizing DNA samples from crime suspects
Holly Manges Jones on October 13, 2005 10:43 AM ET

[JURIST] The Swedish government plans to introduce a new law that would require anyone held on reasonable suspicion of a crime to provide a DNA sample to be kept in a national registry. Swedish Justice Minister Thomas Bodstrom [official profile] presented the proposal to the Social Democrats parliamentary group earlier this week, saying the recommended law would "strengthen the legal certainty of judgments - people who are wrongly suspected can quickly be eliminated from an inquiry." Currently, the database lists the DNA results of 3,000 criminals who were convicted and given a jail term of over two years. Bodstrom denied that the registry would unjustly infringe upon individuals' personal integrity, saying simply that they just "shouldn't commit a crime." The law is expected to be in place by January 1, 2006. US lawmakers recently proposed similar legislation [JURIST report] to take and record DNA from terror suspects and suspected illegal immigrants who have been arrested but not convicted. From Sweden, The Local has more.






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Netherlands considering Muslim burka ban
Jamie Sterling on October 13, 2005 10:33 AM ET

[JURIST] The government of The Netherlands is considering a ban on the burka [Wikipedia backgrounder], the Muslim article of clothing for women that leaves only the eyes visible. Dutch Integration Minister Rita Verdonk [official profile in Dutch], known domestically as the "Iron Lady" for her tough anti-immigration initiatives, says she will explore where and when the burka should be banned, banning them where they may interfere with public safety, perhaps by concealing the identity of a terrorist. Holland has been a locus of anti-Islamic tension since the murder of filmmaker Theo van Gogh exposed a group of Muslim extremists [JURIST report] committed to destroying the country. A ban on burkas will likely win the support of the Dutch parliament due to its number of right-wing members, but the proposal has been met by hostility from Dutch Muslim and human rights groups. A Netherlands burka ban would be the first of its kind in Europe; in 2004, the French government enacted a controversial ban on religious clothing in state schools that effectively barred Muslim girls from wearing traditional headscarves [JURIST news archive]. The Times of London has more; Expatica has local coverage.






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Britain offering compensation for damages from Basra prison raid
Jamie Sterling on October 13, 2005 10:20 AM ET

[JURIST] British authorities in Iraq have said that the UK will pay compensation for damages and injuries caused when British troops stormed a Basra jail to free two detained British soldiers [JURIST report] last month. The soldiers, apparently undercover members of the SAS, had been accused of killing an Iraqi policeman, wounding another, and carrying false identification. The British military said it stormed the building after coming under attack by a crowd and because it feared for the lives of its agents. An Iraqi judge subsequently issued warrants [JURIST report] for the arrest of the soldiers who stormed the prison, but Britain failed to recognize the warrants, insisting that all British troops in Iraq are under British legal jurisdiction. CBC News has more.






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Turkish prosecutors refuse to shut down gay association
Holly Manges Jones on October 13, 2005 10:10 AM ET

[JURIST] Turkish prosecutors have rejected a demand by Ankara's deputy governor to shut down a new homosexual association. The governor's office urged that the title and purpose of the Kaos Gay and Lesbian Cultural Research and Solidarity Association [official website, English version] violated the Turkish Civil Code, which prohibits associations against law and morality, but prosecutors disagreed. Homosexuality has never been considered a criminal offense in Turkey [JURIST news archive], unlike in many other Muslim countries, but no laws exist to protect gays from discrimination. A protective clause was written into the country's penal code last year in an effort to strengthen Turkey's bid to join the European Union [official website], but it was later removed by Justice Minister Cemil Cicek, according to gay rights activists. The EU has said that Turkey must implement human rights reforms [JURIST report] before it would be admitted to the EU, but has given no specific instructions that gay rights should be included in the changes. Reuters has more.






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Uzbek government denies using torture to extract confessions
Jamie Sterling on October 13, 2005 10:05 AM ET

[JURIST] The Uzbekistan interior ministry on Thursday denied allegations that they used illegal torture methods to extract confessions from the 15 men on trial for the political uprising in Andijan [HRW backgrounder], which led to government troops killing 500 [JURIST report]. The 15 men currently on trial [JURIST report] for attempting to build an Islamic state have all given long, detailed testimonies, implicating themselves and many others. A former interior ministry employee told the BBC that it was not uncommon for the government to beat, threaten, and use psychotropic drugs to extract confessions from people accused of political and religious crimes. The Uzbek interior ministry said in a statement that the men were treated according to law from the moment of their arrest. Human rights groups have made similar accusations about forced confessions in the past. BBC News has more.






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Iran finalizes genocide, war crimes charges against Saddam
Jamie Sterling on October 13, 2005 9:51 AM ET

[JURIST] Iran's judiciary has finalized a list of charges against ousted Iraqi leader Saddam Hussein [JURIST news archive], which include charges of genocide, crimes against humanity, violations of international law, and using prohibited chemical weapons. These charges stem from the 1980-1988 war fought between Iraq and Iran, during which Iraq attempted to grab land in Iran's oil-rich southwest region. Three million died during the war, mostly Iranians, and the Iraqis used nerve gas and other chemical weapons repeatedly. Iran has complained about the charges brought in Iraq against Hussein, saying they are insufficient. Hussein goes on trial next week for the 1982 massacre at Dujail [NPR audio report] and, if convicted, could be executed [JURIST report]. Iran also expressed their wishes that Hussein's trial be held at an international court instead of the Iraqi Special Tribunal [official website]. Earlier this year, Iran called for the IST to charge Hussein [JURIST report] in connection with the Iran war and last month announced plans to indict Hussein [JURIST report]. Kuwait has also prepared an indictment [JURIST report] for crimes committed during the 1990-1991 Iraqi invasion of Kuwait, and is seeking the death penalty. AFP has more. The Tehran Times has local coverage.






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UK high court upholds fox hunting ban
Holly Manges Jones on October 13, 2005 9:37 AM ET

[JURIST] Britain's House of Lords on Thursday upheld [judgment] legislation which makes hunting wild mammals with dogs throughout England and Wales a criminal offense. The 1949 Parliament Act [BBC backgrounder] was used late last year to push the Hunting Act 2004 [text] through a recalcitrant House of Lords and the Countryside Alliance [advocacy website] challenged [JURIST report] the ban, calling it unconstitutional. The case was heard before nine of the twelve law lords instead of the usual five because of the constitutional significance of the issue; all nine voted in favor of the ban. The chairman for the League Against Cruel Sports [advocacy website] called the ruling a "triumph for democracy." The legislation bans hunting wild animals with packs of dogs, but still allows hounds to chase scent trails and flush out foxes to be shot. The Countryside Alliance has vowed to continue fighting the hunting law [CA press release] and also has an appeal pending based on European human rights legislation. BBC News has more.

Previously in JURIST's Paper Chase...






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Philippine government may allow Muslims charter, tax rights
Holly Manges Jones on October 13, 2005 9:06 AM ET

[JURIST] The Philippine government [official website] has agreed "in principle" to give southern Muslims the authority to develop their own tax system, build their own institutions, and write their own charter, according to a report [text] in Thursday's Philippine Daily Inquirer confirmed by an anonymous government official. The official said the government's peace panel is optimistic that a final agreement will be reached either later this year or in early 2006 to end the 40-year rebellion in the southern island of Mindanao, which has led to the deaths of nearly 120,000 people. Security analysts also expect the agreement to push out foreign militants linked to the Moro Islamic Liberation Front (MILF) [BBC backgrounder], the main Muslim rebel group on the southern island. The Philippine government and the MILF met earlier this year in Malaysia but refused to discuss details of the discussions, saying only that there had been a "breakthrough" in negotiations. The government official said a final deal could mean changes for the document drafted in those earlier meetings. Reuters has more.






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Frist records subpoenaed by SEC in investigation into stock sale
Chris Buell on October 13, 2005 8:38 AM ET

[JURIST] The US Securities and Exchange Commission [official website] has subpoenaed personal records of Senate Majority Leader Bill Frist [official website] in its investigation into possible insider trading by Frist, the Washington Post reported Thursday [WP report, registration required]. The subpoena was reportedly issued at some time in the past two weeks, sources said. The SEC's investigation had previously been announced [JURIST report], but Frist had not disclosed that any records were subpoenaed. The allegations of insider trading arose following Frist's sale of HCA Inc. [corporate website] stock in July, only days before the company released revised profit expectations that pushed stock prices downward. HCA was originally formed by Frist's father and brother [HCA backgrounder], and his brother, Thomas F. Frist Jr. [HCA profile], remains on the company's board. Frist is expected to testify under oath in the investigation as to what he knew prior to his sale of the stock. He has denied having inside information prior to the sale, which he said he began taking steps to complete in April. Reuters has more.






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China critical of US human rights report
Chris Buell on October 13, 2005 8:21 AM ET

[JURIST] China has expressed "resolute opposition" to a US report critical of the country for its handling of human and religious rights, with a spokesman from the Foreign Ministry of China [official website, English version] arguing that the US was meddling in China's internal affairs. The report [full text] was released earlier this week [JURIST report] by the US Congressional-Executive Commission on China [official website], and it noted ongoing religious and speech repression in the country. The report also harshly criticized China's criminal justice system as rendering arbitrary and wrongful convictions. China's Foreign Ministry spokesman Kong Quan said the country respects individual rights even as it has continued to emphasize economic growth and dealt with an enormous population of 1.3 billion. Reuters has more.






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Judge lifts contempt order for NYT reporter
Chris Buell on October 13, 2005 8:01 AM ET

[JURIST] US District Judge Thomas F. Hogan [official profile] has lifted a contempt order against New York Times reporter Judith Miller [JURIST news archive] following her testimony Wednesday before a federal grand jury investigating the 2003 leak of the identity of CIA operative Valerie Plame [JURIST news archive]. Judge Hogan lifted the order hours after Miller testified for a second time before the jury regarding notes she took during a discussion in June 2003 with I. Lewis "Scooter" Libby [official profile], chief of staff to Vice President Dick Cheney. Miller spent 85 days in prison, the longest term ever served by a journalist held in contempt, for refusing to testify until she was released to do so by her source. Miller's most recent testimony referred to notes she found after testifying previously and that referred to Plame's husband, Joseph Wilson, a former ambassador who had criticized the Bush administration for its handling of the run up to the war in Iraq. The New York Times has said that it will publish a full account of Miller's story following her testimony. The New York Times has more.

Previously in JURIST's Paper Chase...






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Federal judge awards $91 million to family of former hostage
Chris Buell on October 13, 2005 7:37 AM ET

[JURIST] A US district judge has awarded $91 million for emotional distress to the family of Joseph Cicippio, who was held hostage in Lebanon by the paramilitary group Hezbollah [BBC News backgrounder] from 1986 to 1991. US District Judge Henry H. Kennedy Jr. [official profile] issued a default judgment under a 1996 amendment to the Foreign Sovereign Immunities Act [text] that allows Americans to sue countries that the State Department lists as sponsors of terrorism [State Department list]. The award will likely be issued from the US Treasury as in previous cases, and the US will have the right to pursue the funds from frozen assets of Iran, the country that finances and controls Hezbollah. Others have successfully sued under the law, including former AP correspondent Terry Anderson, who was held for nearly seven years, and Cicippio and his wife, who were part of a joint $68 million judgment with two other hostages in 1998. An appeals court ruled in 2001 that first-kin can sue under the law. AP has more.






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Iraqi prisoners cast votes in referendum as US, Iraq step up security
Chris Buell on October 13, 2005 7:10 AM ET

[JURIST] Detainees at prisons across Iraq who have not yet been tried cast their votes in the country's constitutional referendum [JURIST news archive] Thursday as authorities stepped up security [AP report] in preparation for the full referendum on Saturday. Those casting votes included detainees at Abu Ghraib [JURIST news archive] prison and Camp Bucca as authorities sent ballot boxes to the prisons. The Iraqi Electoral Commission [official website] had announced previously that all unconvicted prisoners in the country would be eligible to vote [JURIST report] in the referendum. It was not known whether Saddam Hussein [JURIST news archive] had voted, although authorities had previously said he would be allowed. Cities around the country were unusually quiet on Thursday as authorities began to heighten security and the country began a four-day national holiday leading up to the referendum on Saturday. Curfews took effect Thursday, the country's borders will close Friday and all travel among provinces will be barred on Saturday as the US and Iraq try to halt insurgent attacks designed to suppress turnout for the vote. The country's most influential Shiite cleric, Grand Ayatollah ali al-Sistani [official website], on Thursday reiterated his earlier support [JURIST report] for the constitution and urged Iraqis to approve [Independent report] the document. AP has more.






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