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Legal news from Thursday, December 15, 2005




Security Council approves Hariri murder probe extension
Jaime Jansen on December 15, 2005 5:45 PM ET

[JURIST] The UN Security Council late Thursday unanimously approved a six-month extension of the probe into the February assassination of former Lebanese Prime Minister Rafik al-Hariri [JURIST news archive; UN materials] just before the mandate of the investigatory commission currently headed by German prosecutor Detlev Mehlis was set to expire. Mehlis submitted his latest report [JURIST report; UN News report] to the UN Security Council Tuesday, renewing his contention that Syrian officials were involved in the 2004 but commending Syria for allowing the UN commission to question five Syrian officials [JURIST report]. Mehlis will step down from his post [JURIST report] as soon as a replacement is named, while the UN Security Council struggles to complete negotiations to extend the investigation for another six months.

Lebanon has asked for an extension of the investigation [JURIST report] in early December. The US, France and Britain wanted to expand the commission to include investigations of other politically motivated killings in Lebanon, while Russia, China and Algeria sought to tone down the language of the text that criticizes Syria. A draft expressed deep concern that Syria was attempting to hinder the UN investigation. Reuters has more on Syria’s cooperation and the UN negotiations prior to this afternoon's approval.






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EU parliament to launch CIA prisons probe
Jaime Jansen on December 15, 2005 4:33 PM ET

[JURIST] The European Parliament [official website] agreed Thursday to open an investigation [EP press release] into allegations that the CIA illegally operated secret jails in Romania and Poland and covertly flew detainees through Italy, Germany and Poland. Lawmakers approved the resolution to begin an investigation by an overwhelming majority of 359-127, with 32 abstentions. The EU’s ruling treaties say that any states found guilty of serious human rights violations can lose their voting rights in the EU’s Council of Ministers. Europe’s top human rights watchdog, the Council of Europe [official website], has launched its own investigation into the secret prison allegations. The resolution came on the same day that Amnesty International made new allegations [Reuters report] that Britain allowed the CIA to transport detainees through its territory. Human rights groups have accused the CIA of running several secret prisons [Human Rights Watch backgrounder] throughout eastern Europe and of transporting detainees through rendition flights in a belief that such covert detentions lead to torture. Reuters has more.






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ICTY prosecutor slams Serbia over war crimes fugitives
Jeannie Shawl on December 15, 2005 4:18 PM ET

[JURIST] Carla del Ponte, chief prosecutor for the International Criminal Tribunal for the former Yugoslavia [official website], told the UN Security Council Thursday that Serbia and other European countries are contributing to a "dysfunctional" situation as the UN-backed war crimes tribunal struggles to arrest two top fugitives from the Bosnian war. Del Ponte blamed Serbia and NATO and European troops for their failure to arrest Radovan Karadzic and Ratko Mladic [ICTY case backgrounders], who have been indicted for genocide and other war crimes, and also said that Western governments do not generally effectively share intelligence with the court. Del Ponte said that Serbian cooperation with the ICTY has "deteriorated in the past months" and she called for both Serbian and Bosnian officials to "be made accountable for their failure to bring Karadzic and Mladic to justice." Del Ponte's comments [text] were part of her annual progress report to the Security Council. Just last week, retired Croatian general Ante Gotovina [ICTY case backgrounder], the third most-wanted suspect still at-large, was arrested in Spain [JURIST report] and transferred to the court. Del Ponte thanked the Spanish and Croatian governments for their cooperation in Gotovina's arrest. Reuters has more.






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Latvia bans same-sex marriage
Jaime Jansen on December 15, 2005 4:16 PM ET

[JURIST] The unicameral Latvian parliament [official website] Thursday overwhelmingly passed a constitutional amendment defining marriage as a union between a man and a woman, effectively blocking the recognition of same-sex marriage [advocacy website press release]. The amendment infuriatedLatvian gay rights activists [advocacy website press release] who are considering taking their case to the European Court of Human Rights. Latvia [government website], a recent member to the European Union, is known as a progressive democracy, but many people there maintain a conservative view of the family. European nations such as Spain, Belgium and the Netherlands have legalized same-sex marriage in the last five years, while Britain passed a law permitting same-sex civil partnerships earlier this month. Reuters has more.






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Uzbek interior minister faces torture, crimes against humanity charges
Jeannie Shawl on December 15, 2005 3:39 PM ET

[JURIST] Survivors of the May 2005 Andijan uprising [HRW backgrounder] have filed a lawsuit in Germany under that country's universal jurisdiction laws [Amnesty backgrounder], accusing Uzbek Interior Minister Zokirjon Almatov of torture and crimes against humanity, the New York-based Human Rights Watch said Thursday. Troops under Almatov's command fired on the thousands of protesters gathered after rebels stormed a prison [JURIST report] and freed a group of businessmen on trial for alleged Islamic extremism. Rights groups have alleged that over 500 protestors were killed [JURIST report] as the government struggled to end the demonstrations, though Uzbek officials say there only 187 who died. HRW and the eight survivors who filed the lawsuit allege that Almatov was the direct commander responsible [press release] and that he oversees the special security forces that were responsible for the killings. The suit has been filed with German federal prosecutors, though prosecutors have not yet decided whether to take up the case. Dozens of protestors have already been convicted [JURIST report] on terrorism charges in a series of trials [JURIST report] of those who led and participated in the uprising. The latest group of defendants went on trial [JURIST report] Wednesday, including 38 policemen and soldiers who have been charged with negligence in failing to prevent attacks on government facilities. AP has more.






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NAACP opposes Alito nomination
Jaime Jansen on December 15, 2005 3:06 PM ET

[JURIST] The NAACP [advocacy website; JURIST news archive] announced its opposition [press release, PDF] to the US Supreme Court nomination of Judge Samuel Alito [JURIST news archive] in a news conference Thursday, citing his conservative record as a threat to civil rights. The Black Leadership Forum [advocacy website] and the Mexican American Legal Defense and Educational Fund [advocacy website] joined NAACP leaders in opposition at the news conference. Though the NAACP and other major civil rights groups also opposed the nomination of John Roberts [JURIST news archive] as Chief Justice earlier this year, Alito is said to pose a greater threat to the civil rights groups because he stands to replace Justice Sandra Day O'Connor, the oft-cited swing vote in civil rights issues. NAACP President Bruce Gordon stated that Alito is "diametrically opposed to all that the NAACP has worked for [and] is intent on promoting his personal ideals and beliefs." Earlier this week, the AFL-CIO announced their opposition [press release] to the nomination, while the National Association of Manufacturers, the nation's largest industrial trade association, announced their support [press release]. Reuters has more.
ALSO ON JURIST

 Op-ed: Why Feminists and Liberals Have Nothing to Fear from Alito | Op-ed: Better Luck This Time: Why Alito Is Hard to Beat






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Illinois court throws out $10.1 billion tobacco judgment
Sara R. Parsowith on December 15, 2005 12:55 PM ET

[JURIST] The Illinois Supreme Court [official website] on Thursday reversed [opinion text] a $10.1 billion judgment against Philip Morris USA [corporate website] in a case where the tobacco company had been found liable for defrauding customers into believing that light cigarettes were safer than regular ones. The state high court ordered the lower court to dismiss the case, holding that the US Federal Trade Commission [official website] regulations gave tobacco companies authority to denominate products as "light" or "low tar and nicotine" and that under the Illinois Consumer Fraud Act, companies cannot be held liable for behavior that has been specifically permitted by a regulatory body. The case was heard on direct appeals from the trial court, bypassing the intermediate appellate court. Altria, Philip Morris' parent company, provides a summary of the case and a list of legal filings. Reuters has more.






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Australia legislation expands Sydney police powers to cope with rioting
Jeannie Shawl on December 15, 2005 12:07 PM ET

[JURIST] The Parliament of New South Wales [official website] passed laws in an emergency session Thursday allowing Sydney police to "lockdown" parts of the city if necessary in order to stop racial unrest. The new legislation also increases jail sentences for rioting and affray and expands police power, providing the authority to stop and search people and vehicles, ban alcohol, and seize vehicles and mobile phones. The Law Enforcement Legislation Amendment [PDF text; legislative materials] was enacted in reaction to two days of race riots in Sydney [JURIST report] that occurred earlier this week. Though the past two nights have been calm, there have been increased police patrols [NSW police press release] and there are calls for violence this weekend. Reuters has more. From Australia, the Daily Telegraph has local coverage.

Previously in JURIST's Paper Chase...






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BREAKING NEWS ~ White House to accept McCain torture ban
Jeannie Shawl on December 15, 2005 11:42 AM ET

[JURIST] AP is reporting that the White House has agreed to accept the McCain Amendment [JURIST document] that would ban the cruel and inhumane treatment of terror detainees, according to congressional officials. The White House has previously threatened to veto any legislation to which the amendment was attached and called for an exemption for CIA operatives.

2:36 PM ET - A spokeswoman for Sen. John McCain has confirmed that there has been an agreement on the amendment, and an announcement from the White House is expected shortly. Reuters has more.

4:35 PM ET - In remarks at an afternoon White House press conference with President Bush and Senator John Warner, head of the Senate Armed Services Committee, McCain said:

This agreement basically does two things: One, puts into the Army Field Manual the specific procedures for interrogations. And two, it prohibits cruel, inhumane -- or torture.

In our negotiations, there was legitimate concerns raised by the administration concerning the rights of interrogators. And taking language from the Uniform Code of Military Justice, we provide them with legal counsel and certain protections that a reasonable person might view as carrying out of orders, not to contradict the Nuremberg decision, which, of course, said that obeying orders is not a sufficient defense.
Read the full text of his remarks. National Security Advisor Stephen Hadley discussed the McCain Amendment at a press briefing [transcript] later in the afternoon.





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Federal judge dismisses Idaho illegal immigration lawsuit
Jeannie Shawl on December 15, 2005 11:26 AM ET

[JURIST] A federal judge on Wednesday dismissed with prejudice a lawsuit brought by an Idaho county against local employers who allegedly hired illegal immigrants which sought to recover medical, school and other costs the county said it spent on the workers. Canyon County [official website] sued four businesses and the director of the nonprofit Idaho Migrant Council [advocacy group] under the Racketeer Influence and Corrupt Organizations Act [text] alleging that the defendant companies conspired to hire hundreds of illegal immigrants, marking the first time that a government tried to sue under RICO to recoup costs spent on illegal workers. US District Judge Edward Lodge ruled that the county's argument that the hiring of illegal aliens posed a public nuisance had no grounds in state law and also that the county did not have standing to bring the suit. Lodge wrote that the county was not acting in a governmental capacity but instead as a private party to a civil lawsuit and that the attempt to recover costs of municipal services - a "general injury" to the county's ability to carry out its functions - was not an injury to "business or property." County commissioner Robert Vasquez indicated that the decision could be appealed. AP has more.






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UN official calls for 'urgent action' on rights situation in Iraq
Jeannie Shawl on December 15, 2005 10:56 AM ET

[JURIST] UN Under-Secretary-General for Political Affairs Ibrahim Gambari [official profile] told the UN Security Council Wednesday that the human rights situation in Iraq requires urgent action [meeting summary]. Gambari expressed concern over the "increasingly disturbing reports" of abuses occurring in Iraqi detention facilities. US forces first discovered 173 badly malnourished, beaten and possibly tortured detainees [JURIST report] in November, and earlier this week, the Iraqi Human Rights Ministry reported finding additional abused detainees who required medical attention [JURIST report] in a Baghdad facility. Gambari urged the Iraqi government to follow up on plans to address the situation and Iraqi Ambassador to the UN Samir Sumaidaie acknowledged that the country's police forces "have a problem". Sumaidaie said that many police were trained during Saddam Hussein's regime and "were brought up in a culture of lawlessness" but said that the government is determined to correct the situation. Watch recorded video of the Security Council meeting. AP has more.






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US House subpoenas Pentagon documents on Katrina
Jeannie Shawl on December 15, 2005 10:22 AM ET

[JURIST] The US House committee investigating the government's actions in the aftermath of Hurricane Katrina [JURIST news archive] issued a subpoena Wednesday commanding Defense Secretary Donald Rumsfeld [official profile] to turn over internal records on the Pentagon's efforts to stabilize public safety, mobilize active duty forces in the region and send supplies to victims. The subpoena was issued due to the committee's frustration with the administration's failure to turn over internal memos, e-mails and documents and calls for the DOD to deliver the requested materials by December 30. A Pentagon spokesman said that the committee's requests have been "very far reaching and very broad" but that the department is doing its best to provide the information as quickly as possible. The Hurricane Katrina Committee [official website] is considering issuing a similar subpoena for White House documents, but will wait until after a briefing Thursday to decide whether to take legal action. The White House has said it has already turned over 450,000 documents [press briefing transcript], but committee members say that officials are claiming executive privilege and refusing to turn over certain e-mails. Also Wednesday, FEMA officials said they will comply [press release] with a federal ruling [JURIST report] earlier this week ordering the department to continue providing hotel accommodations for hurricane evacuees. AP has more.






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DOD to check if program broke Vietnam-era rules against monitoring peace protestors
Jeannie Shawl on December 15, 2005 9:24 AM ET

[JURIST] Officials from the US Department of Defense [official website] have said that they will review its TALON program [Wired report], which gathers information about potential threats to military facilities, after an NBC News report disclosed that the database also includes information on peace protesters and others whose shouldn't have been in the database. Officials said that the Pentagon has a legitimate interest in gathering information about possible threats to bases and troops, but acknowledged that it is possible that the database has not been properly maintained. The Pentagon review will focus on whether Defense Department officials broke regulations [PDF text] adopted after the Vietnam War that limit what information the military can collect about people and activities taking place inside the US. According to the Pentagon, information that is "not validated as threatening" must be removed from the TALON database within 90 days. Thursday's Washington Post has more.






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House backs proposed torture ban
Sara R. Parsowith on December 15, 2005 7:06 AM ET

[JURIST] The US House of Representatives late Wednesday voted 308-122 in support of the so-called McCain Amendment [JURIST document], designed to prohibit the cruel, inhumane or degrading treatment of detainees in US custody. The non-binding vote instructs negotiators working to finalize the 2006 military spending bill, to which the amendment is attached, to include the amendment in the final version. The amendment was attached to the Senate version of the spending bill in a 90-9 vote [JURIST report], and was later unanimously reaffirmed [JURIST report] in the Senate. The amendment also prohibits detainee treatment that is not in accordance with the US Army field manual on interrogation techniques. The Army has reportedly given provisional approval for new guidelines [JURIST report] which could push the legal limits on interrogation, though the Pentagon has denied [Reuters report] that changes are planned. The White House has expressed opposition to the amendment [policy statement, PDF], saying that it would interfere with the protection of Americans from terrorism and would restrict the President's ability to conduct war effectively. McCain has said that he hopes to reach an agreement with the White House in the next few days. Reuters has more.
ALSO ON JURIST

 Topic: Torture | Op-ed: Perjury, Lies and Degrading Treatment: The Case for the McCain Amendment






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Frist, Bush push for Patriot Act reauthorization in Senate
Sara R. Parsowith on December 15, 2005 6:51 AM ET

[JURIST] After the US House voted to reauthorize [JURIST report] the USA Patriot Act [JURIST news archive] Wednesday, Senate Republican leaders are working to prevent the renewal from being blocked by a bipartisan group of senators that is concerned that the reauthorization measure gives too much power to the government [Senate letter, PDF] without adequate safeguards. The reauthorization bill [summary, conference report, PDF] could face a filibuster in the Senate and Majority Leader Bill Frist (R-TN) is planning to hold a test vote Friday. The proposed reauthorization compromise [JURIST report] would prevent most Patriot Act provisions from expiring at the end of this year, but some senators are calling for extra safeguards. Opponents have suggested that a three-month extension should be granted to let Congress add civil liberties protections, such as making it more difficult for the FBI to use roving wiretaps. Frist has said that he opposes a short-term extension [press release] and is calling for bipartisan support for the legislation. President Bush also urged the Senate to follow the House [press release] in passing the reauthorization bill, arguing that the Patriot Act is an essential tool in the fight against terrorism. AP has more.
ALSO ON JURIST

 Op-ed: Patriot Act Renewal: Safety, Safeguards and the Senate






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Iraqis vote in parliamentary elections
Sara R. Parsowith on December 15, 2005 6:37 AM ET

[JURIST] Iraqis voted Thursday in Iraq's parliamentary elections [JURIST news archive] to choose their first full-term parliament since the fall of Saddam Hussein's regime. There was large voter turnout reported in Sunni Arab areas that had been disinterested in balloting last January, including in several insurgent strongholds such as Ramadi and Haqlaniyah. Sunni Arabs are hoping to end Shiite control of the government. The elections began amid several explosions, including one in the Green Zone, with two civilians killed in the attacks, and followed a day when Iraqi police seized forged ballots [JURIST report]. Most Iraqis walked to the polls as a result of a nationwide vehicle ban. It is possible that the winning party, which is largely expected to be an alliance of Shiite religious parties, may not be able to form a new administration without forming a coalition with rival groups. An interim government [official website] was elected in January, but the new parliament will name a new government, including a new prime minister. Although some preliminary returns will be available from the Independent Electoral Commission of Iraq (IECI) [official website] late Thursday, final counting will take days or even weeks. AP has more.

9:07 AM ET - AP is reporting that polls have now closed, though there are conflicting reports that the IECI has extended voting for another hour due to high voter turnout.

3:19 PM ET - Results of the parliamentary elections are expected within two weeks, and the IECI said Thursday that elections had been a success:

The IECI opened more than 6,200 polling centers across the country, staffed by more than 170,000 polling workers. The polls generally opened on time and voting continued peacefully without major incidents, monitored by 120,000 observers, including 800 accredited by international observer groups, and 230,000 political entity agents. The third and final day of the Out-of-Country voting is still in progress in some of the 15 countries involved in this exercise.
The IECI also said that it has put in place a procedure for receiving and reviewing any electoral complaints. Read the full press release. AP has more.





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