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Legal news from Monday, February 6, 2006 |
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Iran calls IAEA referral to Security Council 'unlawful'
Christopher G. Anderson on February 6, 2006 3:37 PM ET

[JURIST] Iran's ambassador to the IAEA, Ali Asghar Soltanieh, said Monday that the resolution by the International Atomic Energy Agency (IAEA) [official website; JURIST news archive] Board of Directors to refer Iran to the UN Security Council was a "hasty and unjustified decision without any legal and technical basis." Interviewed [recorded audio] on BBC Radio 4, Soltanieh also asserted that the Board's vote on the resolution [text, PDF] should have been delayed until March to allow him to file an official report. The report, Soltanieh said, would "thoroughly explain why there are serious difficulties to justify legally this resolution."
Also on Monday, Iran made good on its promise to no longer comply [JURIST report] with the so-called "Additional Protocol" [model text, PDF] of the Nuclear Nonproliferation Treaty (NPT) [text] and ordered the IAEA to remove surveillance cameras and agency seals [CTV report] from sites and nuclear equipment. On Saturday, the IAEA voted 27-3 [JURIST report] to refer Iran to the UN Security Council, which has the power to issue diplomatic and economic sanctions. The UK Press Association has more.


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Saddam defense says trial fixed, urges court-appointed lawyers to quit
Krista-Ann Staley on February 6, 2006 2:15 PM ET

[JURIST] The defense team in the Saddam Hussein trial [JURIST news archive] said Monday that the proceedings against the deposed Iraqi dictator in the Iraqi High Criminal Court - formerly the Iraqi Special Tribunal [official website] - have been fixed by United States and Iraq's Shiite leaders and called for court-appointed defense lawyers to quit their positions [AP report]. Hussein and his lawyers are boycotting trial proceedings [JURIST report], prompting chief judge Ra'uf Rasheed Abdel-Rahman [BBC profile, JURIST report] to appoint replacements. While Hussein's lawyers originally vowed to continue the boycott until Abdel-Rahman was replaced, the defense team now says "it has reached a dead-end with the illegal, so-called Criminal Court."
The boycotting lawyers have not been allowed access to Hussein [JURIST report] since they left court on January 29, and, according to chief prosecutor Ja'afar Moussawi, will have to apply through the court for such access in the future. Proceedings have been adjourned [JURIST news archive] until February 13, but Moussawi has stated that the court will "take the appropriate action," possibly forcing Hussein to attend, if the boycott continued at that time. Reuters has more.


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Five killed protesting Muhammad cartoons in Afghanistan as furor goes global
Bernard Hibbitts on February 6, 2006 2:10 PM ET

[JURIST] At least five people protesting the publication of caricatures of the Prophet Muhammad [JURIST news archive] in Danish and other European papers were killed in Afghanistan Monday when security forces and police opened fire on demonstrators as the cartoons furor setting blasphemy against free speech reached global proportions. Two Afghans were killed outside the US airbase at Bagram when a crowd converged there. Three others died in disturbances in Afghanistan's Laghman province, where demonstrators shouted "death to Denmark". About 200 protestors also gathered outside the Danish embassy in Kabul. Afghan President Hamid Karzai had already condemned the cartoons, but had called for Muslims to forgive their publication [Zeenews report] and "not make it an issue of dispute between religions or cultures". In May 2005, 15 Afghan demonstrators were killed [JURIST report] in similar religiously-motivated protests after Newsweek magazine wrongly reported that the Koran had been desecrated in incidents at the US detention center at Guantanamo Bay.
Meanwhile the cartoons controversy escalated elsewhere Monday: - protestors in Tehran, Iran, threw petrol bombs and rocks at the Danish embassy building there, and also attacked the Austrian embassy [AP report]. The Iranian government announced it would boycott Danish goods [IRNA report];
- 4000 protesters in the southern Iraqi city of Kut took to the streets demanding Iraq cut ties with countries associated with the cartoon publications, and calling on Denmark to withdraw its contingent of troops from Iraq. In Kurnah, shots were fired at a Danish patrol [Mainichi report];
- demonstrators gathered outside Danish diplomatic missions in Indonesia and Thailand [press release], chanting slogans and burning Danish flags;
- in the predominantly-Muslim East African state of Somalia, a teenage boy was trampled to death [Mail & Guardian report] when police fired into the air to disperse protestors in the port city of Bosaso who turned on UN and international aid agency buildings;
- in New Delhi, India, police fired tear gas and water cannons [IANS report] to disperse hundreds of demonstrating university students;
- Norway said it would demand compensation from Syria [NRK report] after its embassy in Damascus was set on fire on Saturday. The Danish government Sunday reserved [press release] "the right to take all steps vis-à-vis the Syrian Government" in respect of the burning of its own Damascus embassy the same day;
- Lebanon apologized to Denmark [Ya Libnan report] for the Sunday burning of its embassy [JURIST report] in Beirut, while the European Union officially reminded 18 Muslim countries of their legal obligations to protect foreign embassies under the Vienna Convention on Diplomatic Relations;
- the prime ministers of Turkey and Spain published an open letter [IHT op-ed] appealing for calm, but Turkey's foreign minister warned that press freedoms had limits and that Muslims should not be treated in the same way Jews have historically been treated and caricatured in the West;
- British MPs called for the arrest of Muslim protestors [UPI report] who over the weekend had marched in London waving placards with slogans like "Behead those who insult Islam" and threatening a repeat of the July 7 London bombings, saying they were inciting people to violence. Downing Street later issued a statement saying the "police should have our full support in any actions they may wish to take in respect of any breaches of the law";
- Muslim leaders in Australia called on the Brisbane Courier-Mail to apologize for reprinting one of the Danish cartoons in its Saturday edition;
- in the US a small group of Muslim protestors gathered outside the offices of the Philadelphia Inquirer newspaper to protest its republication [Philadelphia Inquirer report] of the Muhammad cartoons over the weekend.
Danish Foreign Minister Per Stig Moller has called the crisis "a matter of global concern and a matter that demands collective efforts and swift action" and has appealed to UN Secretary-General Kofi Annan for assistance, saying "it is now a case which is much bigger than the issue of the drawings". Read his full press statement. BBC News has more.


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International brief ~ Zimbabwe AG objects to proposed passport revocation law
D. Wes Rist on February 6, 2006 8:59 AM ET

[JURIST] Leading Monday's international brief, in one of the first public signs of division inside the Zimbabwean government of President Robert Mugabe [BBC profile], the Zimbabwean Attorney General and the Zimbabwean Registrar General have expressed sharp disagreement concerning the proposed draft of a parliamentary bill that would enable to government to seize the passports of individuals deemed likely to "harm the national interest" if allowed to travel abroad. The legislation is needed to enable one of the new powers granted to the office of the president in last August's controversial constitutional reforms [JURIST report]. Zimbabwean Attorney General Sobuza Gula-Ndebele has been outspoken in his criticism of the proposed bill, saying that the Zimbabwean Ministry of Justice would continue to "follow due process" and expressed his concern that the law would only reinforce international opinion that Zimbabwe is a dictatorship in all but name. JURIST's Paper Chase has continuing coverage of Zimbabwe [JURIST news archive]. ZimOnline has local coverage.
In other international legal news ... - A discussion paper researching the interaction between Australian law and aboriginal law that has been released by the Law Reform Commission of Western Australia (LRCWA) [government website] calls on the government to make over 90 substantive changes to the Western Australia's state laws concerning its aboriginal population, including the reintroduction of traditional aboriginal punishments such as spearing and beating. The state of Western Australia [government website] has the largest proportion of aboriginal inmates and the report claims that incorporating traditional aboriginal criminal punishments will help deter crime among a populace unfamiliar with western concepts of criminal punishment. Read the official LRCWA press release. The Australian has local coverage.
- South African President Thabo Mbeki [official profile] has announced that, despite a larger-than-needed majority in the South African Parliament [government website], he had no plans to pursue constitutional changes to allow for a third presidential term. Mbeki said that his ten years as president, beginning in 1999, will have been more than enough and that South Africa had no need for any attempt at significant constitutional amendment concerning presidential powers. Some political elements have been calling on Mbeki to seek a third term after he very publicly fired [JURIST report] his Vice-President, and heir apparent, Jacob Zuma for his ties to a corruption scandal. JURIST's Paper Chase has continuing coverage of South Africa [JURIST news archive]. South Africa's Mail & Guardian Online has local coverage.
- Human Rights Watch (HRW) [advocacy website] has called on the UN Security Council [official website] to create an international peacekeeping force for not only the Darfur region [JURIST news archive] of Sudan [government website], but also for the neighboring region in Chad, just across the Sudanese border. HRW released information Sunday documenting the death of several dozen Chadian civilians at the hands of both Sudanese government and rebel military forces. Sudan has yet to agree to the proposed UN peacekeeping force [JURIST report] in Darfur, although it has allowed 7,000 African Union [official website] peacekeepers access to the troubled region. JURIST's Paper Chase has continuing coverage of Sudan [JURIST news archive]. Read the official HRW press release. The Sudan Tribune has local coverage.


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UK Conservatives call for limiting PM's war power
D. Wes Rist on February 6, 2006 8:15 AM ET

[JURIST Europe] UK Conservative Party [party website] leader David Cameron Monday urged [official speech text] a review of the traditionally-unilateral "royal prerogative" powers exercised by the prime minister in the name of the British monarch, including the powers to go to war, sign treaties, and change internal governmental structures. The party has set up a Democracy Task Force [press release] led by Conservative frontbencher Kenneth Clarke to study and press the issue. Cameron's criticism of the scope of the prime minister's powers centers on the fact that the PM can exercise them without approval from Parliament; in a pointed reference to recent events, he said: Just last week, we first heard about the Government's decision to send 4,000 troops to Afghanistan in the pages of the Sun newspaper....While there was a vote on the decision to go to war in Iraq, albeit very late in the process, there was no vote on the action in Kosovo. So shouldn't there be a formal process for parliamentary approval? The UK Guardian has local coverage.
D. Wes Rist is Bureau Chief for JURIST Europe, reporting European legal news from a European perspective. He is based in the UK.


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Putin targeted on rights record at security conference
JURIST Staff on February 6, 2006 8:10 AM ET

[JURIST] American and European officials meeting in Munich Sunday at the annual Conference on Security Policy [official website] criticized Russian President Vladimir Putin [official website] for backsliding on his protection of human rights. US Senator John McCain [official website] went so far as to suggest an international boycott of the upcoming G-8 [US State Department backgrounder] summit to be hosted by Putin in St. Petersburg [summit website] in June, saying in a speech [text]: The Kremlin...continues to pursue foreign and domestic policies strongly at odds with our interests and values....It continues to prosecute a brutal war in Chechnya that has killed as many as 200,000, radicalizing the Muslim population, and it actively supports dictatorships in Central Asia. As one journalist recently catalogued, the broadcast media are Kremlin-controlled, as are parliament, provincial governors, and the judiciary. All of these were free and independent when Mr. Putin took office. Andrei Illarionov, Mr. Putin's former economics advisor, said upon resigning, "It is one thing to work in a partly free country, which Russia was six years ago. It is quite another when the country has ceased to be politically free."
After the Soviet Union collapsed, the West invested resources, political capital, and above all hope in Russia. We wanted to see a reformist, democratic, capitalist Russia acting in partnership with the West. But let's be honest with ourselves - everything we see today indicates that the Russian government has chosen its path, and it is not ours. The Kremlin seems to prefer the pursuit of autocracy at home and abroad, to prefer blocking concerted action against rogue states, to prefer weakening what it views as democratic adversaries. This is a Soviet mindset, not a post-Cold War one. Under Mr. Putin, Russia today is neither a democracy nor one of the world's leading economies, and I seriously question whether the G8 leaders should attend the St. Petersburg summit. Russia currently holds the rotating presidency of the G-8 and will assume leadership of the Council of Europe, charged with monitoring compliance with human rights, later this year. Putin's government has most recently come in for sharp international criticism [JURIST report] for its tightened regulation of NGOs [JURIST report], including major human rights groups. The International Herald Tribune has more.


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