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Legal news from Tuesday, February 7, 2006 |
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US states lag behind push to modernize voting systems: report
Joshua Pantesco on February 7, 2006 7:25 PM ET

[JURIST] A report [PDF text; press release] released Tuesday by the non-partisan electionline.org [official website] monitoring group says that over half of US states have failed to meet the January 1, 2006 deadline set by the 2002 Help America Vote Act [text] for implementing its requirements, which include updating voting machines and voter databases and possibly establishing free voter ID systems.
The Act, which was enacted in response to the 2000 presidential election ballot-counting controversy, was designed to ensure that the voting systems of every state meet reliability standards in time for the 2006 midterm elections, a goal that electionline.org officials fear will not be met by all states. According to the report, one third of states do not have a required booth for people with disabilities at each polling location, 10 states have not implemented secure voter registration databases, and the electronic machines that replaced punch-card and lever voting machines have been criticized in several states for not being secure, accurate, or reliable. AP has more.


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Rumsfeld admits corruption problem in Iraq
Joshua Pantesco on February 7, 2006 6:39 PM ET

[JURIST] US Secretary of Defense Donald Rumsfeld [official profile] acknowledged in testimony [PDF] before the US Senate Armed Services Committee [official website] Tuesday that corruption is a serious problem in Iraq, saying that "it's critically important that [corruption] be attacked and that the new leadership in that country be measured against their commitment to attack corruption." Previously, the Bush administration has shrugged off suggestions that corruption is fueling the insurgency, even after Army Gen. Michael Maples, director of the Defense Intelligence Agency [official website], told the Senate Select Committee on Intelligence [official website] in a hearing last Thursday that corruption is the foundation of some of the daily violence in Iraq: "I see that a great deal of the violence that we are experiencing in Iraq today does have a relation to a criminal element, as opposed to an insurgent element with a political purpose." Along with reports that Iraqi oil field profits fund the insurgency [Telegraph report], Iraq must also deal with corrupt US officials, such as Robert Stein, a former US Defense Department contract official for the Coalition Provisional Authority, who pleaded guilty [JURIST report] last Thursday to conspiracy, bribery, and money laundering. AP has more.


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Environmental brief ~ EC declines to appeal UK CO2 emissions trading scheme
Tom Henry on February 7, 2006 5:03 PM ET

[JURIST] Leading Tuesday's environmental law news, the European Commission (EC) [official website] has announced that it will not be appealing the 2005 European Court of First Instance ruling [PDF text; press release] that held the UK could revise its 2005-07 carbon dioxide (CO2) emissions trading plan without first getting EU approval. The EU emissions trading scheme [backgrounder] provides nations with a way to comply with their commitments under the Kyoto Protocol [text] without actual reductions in domestic emissions. The trade limits are set by national governments, but then must be approved by the EC. Reuters has more. In a related story, UK industry representatives called on the government Monday to clarify the emissions limits to be imposed on industries in 2008-12, the next phase of the EU emissions trading scheme. The UK government has to submit draft plans for that period to the EC by June 2006. Reuters has more.
In other environmental law news... - The Australian Senate [official website] has passed the Maritime Legislation Amendment Bill 2005 [text; backgrounder], a bill which increases penalties for maritime pollution and safety breaches in Australian waters. The changes include authorizing mandatory drug tests for ship crews suspected of being under the influence of drugs or alcohol, mandating that chemical-bearing ships have emergency plans in case of spills, and increasing the penalty for vandalizing navigational aids from $220 to up to 10 years in prison. The bill has been sent to the House for consideration. AAP has more.
- The Pacific Gas & Electric Co. [corporate website] has agreed [press release] to pay $295 million to about 1,100 Californians who may have ingested groundwater polluted with chromium (IV) [CDC backgrounder]. The chemical was used by the company to prevent rust in cooling towers from the 1950s to the 1970s, and is believed to cause cancer in humans. The settlement is the second for the company for chromium (IV) contamination. The first case, the inspiration for the "Erin Brockovich" movie, resulted in a $333 million settlement for another group of Californians in 1996. The San Bernardino Sun has more.


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French court declines to hear Muslim cartoons complaint as leaders urge calm
Andrew Wood on February 7, 2006 3:57 PM ET

[JURIST] A French court on Tuesday refused to hear a lawsuit launched to prevent a French newspaper from publishing caricatures of the Prophet Muhammad [JURIST news archive] that have caused protests and violence [JURIST report] across the globe. The suit, brought by five Muslim organizations including the moderate Paris Mosque [mosque website] and the fundamentalist Union of Islamic Organizations of France (UOIF) [association website], was thrown out on procedural grounds because the public prosecutor's office was not properly notified of the case. Satirical weekly Charlie-Hebdo plans to publish the caricatures in its Wednesday edition. Originally published in Denmark in September, the caricatures have more recently been re-published in other European newspapers [JURIST report] but have been banned by court order in South Africa. A South African newspaper, while not intent on publishing the caricatures, is preparing to challenge that decision because it opposes censorship [Reuters report]. AP has more. Le Figaro has local coverage [in French].
In other late developments in the cartoons controversy Tuesday, a mob in Tehran attacked the Danish embassy [UPI report] with stones and inflammable material for a second day, but were blocked by police. Iranian news agency IRNA claimed [press report] that the crowd dispersed after urgings by Tehran Governor Vajihollah Aqataqi.
In Denmark itself, Prime Minister Anders Fogh Rasmussen [official website] made a powerful appeal for calm in a press conference in which he also expressed frustration at a situation spiraling out of control. Speaking in English, he said: Today I want to appeal and reach out to all people and countries in the Muslim world: Let us work together in the spirit of mutual respect and tolerance. We need to solve this issue through dialogue, not violence.
We are today facing a growing global crisis that has the potential to escalate beyond the control of governments and other authorities. Right now, radicals, extremists and fanatics are adding fuel to the flames in order to push forward their own agenda. For that purpose they are portraying a picture of Denmark and European countries that is not true.
Today the people of Denmark witness with disbelief and sadness the events unfolding in the world. We are watching Danish flags being burned and Danish embassies being attacked. We are seeing ourselves characterized as an intolerant people or as enemies of Islam as a religion.
That picture is false. Extremists and radicals who seek a clash of cultures and religions are spreading it. I would like to emphasize: Denmark and the Danish people are not enemies of Islam or any other religion.
Danes have for generations fought for political liberty, human rights and democracy and for economic freedom, free trade and a free and civilized world. We will continue to do that. It is a part of our history and a fundamental part of our society today.
Denmark is one of the world's most tolerant and open societies.
We believe in freedom of expression
We believe in freedom of religion and we respect all religions.
We believe in dialogue between cultures.
We oppose violence and hatred.
And we believe in equal rights for everyone irrespective of gender, religious belief, political conviction or ethnic background.
Let me remind you: It was a free and independent newspaper that published the cartoons. Neither the Danish government nor the Danish people can be held responsible for what is published in a free and independent newspaper.
Let me also remind you that the newspaper has already apologized for the offence caused by the cartoons.
I have also made it clear that the Danish government does not have any intention whatsoever to offend Muslims or believers in any other religion. On the contrary, we do respect people's religious beliefs.
I am appalled that we are in a situation where lies and misinformation not only tarnishes the image of Denmark but also spurs violence abroad. Read the full text of his address. In another statement Tuesday, UN Secretary-General Kofi Annan, the Secretary General of the Organization of the Islamic Conference and a senior European Union representative similarly appealed for restraint, but noted excesses by both the Western press and protestors:We fully uphold the right of free speech. But we understand the deep hurt and widespread indignation felt in the Muslim World. We believe freedom of the press entails responsibility and discretion, and should respect the beliefs and tenets of all religions.
But we also believe the recent violent acts surpass the limits of peaceful protest. In particular, we strongly condemn the deplorable attacks on diplomatic missions that have occurred in Damascus, Beirut and elsewhere. Aggression against life and property can only damage the image of a peaceful Islam. We call on the authorities of all countries to protect all diplomatic premises and foreign citizens against unlawful attack. Read the full joint statement.


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Saddam linked to Australian Wheat Board in oil-for-food scandal
Andrew Wood on February 7, 2006 3:14 PM ET

[JURIST] A document released to an Australian commission [Cole Commission official website] set up [JURIST report] to investigate alleged Australian connections to the oil-for-food scandal [JURIST news archive] Tuesday shows that Saddam Hussein personally assisted the Australian Wheat Board (AWB) [corporate website] in grain distribution in Iraq while it was supposedly paying his government kickbacks. The document, written by former AWB executive Dominic Hogan, describes a meeting between Saddam Hussein and Alia, a Jordanian transport company regarding delays of AWB shipments in Iraqi ports. AWB has denied knowing of any kickbacks, maintaining that they believed cash was paid to Alia, 49 percent of which was owned by the Iraqi government, to cover transport of the wheat inside Iraq.
The scandal dominated the Australian parliament's first meeting of the year Tuesday in which Prime Minister John Howard [official profile] denied the government's knowledge of any wrongdoing; he maintained it was the UN's role to oversee value and prices, not the Australian government. Late last week Howard publicly demanded an apology [JURIST report] from US Senator Norm Coleman for accusing the Australian government of participating in illegal bribes to Hussein's regime. Read an AWB statement [text] on the proceedings of the Australian Commission of Inquiry, which is scheduled to issue its report on March 31. AFP has more. The Australian has local coverage, plus a late report that according to another Commission document, Australian Deputy Prime Minister Mark Valle met with two executives linked to illegal kickbacks. Valle has insisted no such meeting took place.


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Germany releases 9/11 convict on bail pending appeals
Holly Manges Jones on February 7, 2006 2:31 PM ET

[JURIST] Germany's Federal Constitutional Court [official website, in German] on Tuesday ordered the release of Moroccan-born Mounir al-Motassadeq [BBC profile; JURIST news archive], who was convicted [JURIST report] last year in connection with the Sept. 11 attacks [JURIST news archive], while appeals of the conviction [JURIST report] are pending. Motassadeq was convicted of participating in a terrorist cell and sentenced to seven years, but both Motassadeq and prosecutors have challenged the decision, with prosecutors appealing Motassadeq's acquittal on accessory to murder charges and asking for a 15-year sentence. The court on Tuesday ruled that a decision to withdraw Motassadeq's bail during the appeals process was unconstitutional [ruling, press release in German].
Motassadeq was convicted on both counts in 2004, but the German Supreme Court [official website, in German] threw out [JURIST report] the conviction, citing insufficient evidence as justification for retrial. AP has more. DPA has local coverage.


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Nations meet to strengthen anti-tobacco treaty
Holly Manges Jones on February 7, 2006 2:00 PM ET

[JURIST] Officials from over 100 countries are meeting in Geneva this week to discuss strengthening a United Nations treaty which controls the use of tobacco products worldwide. The two-week conference is underway to determine further provisions for the World Health Organization Framework Convention on Tobacco Control [official website; PDF text], which went into effect last year [JURIST report]. The WHO Tobacco Free Initiative [WHO materials] advocates tobacco prevention methods such as advertising bans, tax and price increases, graphic health warnings on packages, and making all employment and public places smoke-free.
Nearly 60 countries have already implemented many of the treaty's provisions. Canada, Brazil, Singapore, and Thailand have started using graphic messages on cigarette packages, and Spain, Ireland, and Norway now prohibit smoking in indoor public places. The treaty also outlines deadlines for compliance, including three years for participating countries to enforce health warnings on tobacco products and five years to implement advertising bans. The UN News Centre has more.


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Slovak government breaks down over Vatican anti-abortion pact
Holly Manges Jones on February 7, 2006 12:43 PM ET

[JURIST] Slovak Prime Minister Mikulas Dzurinda [official website, English version] has decided to abandon an agreement [draft text in Slovak, DOC] with the Vatican [official website], prompting a major breakdown in the Slovak government with the Christian Democrat Movement (KDH) [official website, in Slovak] announcing it would leave the government coalition. The controversial document, which has also been criticized [JURIST report] by the European Union [official website], contained an "objection of conscience" clause that would give employees the legal right to refuse tasks that violated their religious beliefs. Dzurinda's Slovak Democratic and Christian Union (SDKU) [official website, English version] party originally agreed with KDH on the treaty, but recently changed its stance. Dzurinda said that the agreement would give increased power to the Catholic Church, allowing interference in civil matters such as a woman's right to an abortion if her doctor found it conflicted with his beliefs. EUObserver has more; from Slovakia, the Slovak Spectator has local coverage.
Meanwhile, Slovak President Ivan Gasparovic [official website] on Tuesday accepted the resignations of three Christian Democrat ministers. The conflict between the two parties is expected to impact the Slovak parliamentary election scheduled for September 2006, and the remaining members of the cabinet intend to meet Wednesday to discuss the possibility of an expedited election. CTK has more.


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France interior minister proposes stricter immigration laws
Chris Buell on February 7, 2006 10:55 AM ET

[JURIST] French Interior Minister Nicolas Sarkozy [official profile, in French; BBC profile] on Tuesday announced proposed new immigration laws [Le Monde summary, in French] that would enable the government to be more selective in allowing newcomers into the country and deciding who can stay, even giving it the right to expel immigrants who do not make efforts to integrate and seek work. Sarkozy's "selected immigration" scheme will be presented to the cabinet Thursday. Under it, a point system will be created to rank potential immigrants based on country of origin and area of work or study. The law would also require illegal immigrants to wait three years after marrying a French citizen before gaining residency status, rather than 18 months.
The proposal has already been criticized by immigration rights groups, including France Terre d'Asile [advocacy website, in French; news release] and by opponents of Sarkozy. Immigration [JURIST news archive] is expected to be a central issue in upcoming presidential elections in France, especially in light of the riots started by immigrant youths [JURIST report] last fall, and Sarkozy is a leading candidate. The Telegraph has more.


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Judge bars foreign media from Canada tainted blood trial
Chris Buell on February 7, 2006 10:11 AM ET

[JURIST] A Canadian judge Monday banned foreign media from the courtroom for a long-awaited criminal trial over the use of HIV-infected blood-clotting medicine by the Canadian Red Cross [CBC backgrounder] in the 1980s that led to more than 1000 Canadians testing positive for the AIDS-related virus. Madam Justice Mary Lou Benotto [Ontario Bar Association profile] granted the motion of prosecutors to bar reporters for foreign publications in anticipation of heightened American interest in the trial because two defendants, Armour Pharmaceutical Co. and Michael Rodell, a former executive, are American.
Benotto also ruled that reporters may not reveal the identities of victims named in the case. In all, five people - including the former director of blood transfusion for the Canadian Red Cross [official website] - are charged with allowing the HIV-infected clotting product Factorate to be distributed [FDA news release] to hemophilia patients. The tainted blood scandal, which also resulted in 14,000 Canadians getting Hepatitis C, prompted a full-scale Canadian government inquiry [final report, PDF], transfer of Red Cross operation of Canadian blood donation efforts to the new Canadian Blood Services [official website] organization, and finally, in May 2005, a public apology [transcript] by Canadian Red Cross leadership. The trial was expected to open Monday, but was delayed by further pretrial motions. The Globe and Mail has more.


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Muhammad cartoons protesters storm Norway camp in Afghanistan; four killed
Bernard Hibbitts on February 7, 2006 9:06 AM ET

[JURIST] Several hundred Afghan protestors demonstrating against the publication of caricatures of the Prophet Muhammad [JURIST news archive] in Danish, Norwegian and other European papers [JURIST report] stormed a NATO ISAF [official website] peacekeeping base near Maymana [alternatively "Meymaneh"; Wikipedia backgrounder] in northwest Afghanistan manned by Norwegian troops Tuesday. Four protestors were killed and 18 were wounded after the troops opened fire. The Norwegians had previously used tear gas in an unsuccessful attempt to break up the crowd.
The demonstration outside the camp staffed by 33 Norwegian military personnel began peacefully, but protestors began throwing rocks and hand grenades and setting fires. The Norwegians called in F-16 air support to fire warning shots and scare off the demonstrators, but Commander Thom Knustad told the Norwegian Aftenposten newspaper, "This is very dramatic and serious...This is an attack on a NATO base in Afghanistan." Soldiers from Finland are also housed at the base, and early reports say one may have been injured. A NATO spokesman said that "ISAF is operating under difficult circumstances and is exercising the fullest possible restraint. Reinforcements have been sent." An unknown number of British troops have been dispatched to secure the Maymana airfield. UN personnel have been evacuated from the area, which was caught up in the May 2005 rioting over alleged desecration of the Koran at Guantanamo [JURIST report], in which Afghan protestors were also killed. The Norwegian Defense Ministry [official website] is providing rolling updates on the situation [in Norwegian].
Demonstrations against the publication of the cartoons were held in several other places in Afghanistan Tuesday, including Kabul, where the Danish embassy was stoned for the second day in a row. Norway's embassy in Kabul was evacuated Monday night [Aftenposten report] in the wake of disturbances across the country that led to the deaths of several Afghans [JURIST report]. In neighboring Pakistan, a large rally through the streets of Peshawar led by the chief of the North West Frontier province drew some 5000 protestors. Akram Durrani said "Islam is being defamed through such cartoons. It is a terrorist act. Those responsible for publishing such cartoons must be punished under international law." Reuters has more. Ayatollah Ali Khamenei [official website], the Supreme Leader of Iran, meanwhile told Iranian air force personnel [IRNA report] that the publication of the cartoons was a shameful exercise of free expression: "in accordance with this freedom of speech, denial of holocaust has been banned, but sacrilege against the sanctities of 1.5 billion Muslims has been allowed."
9:43 AM ET - The Norwegian Defense Ministry says that British reinforcements have now arrived and five injured Norwegian personnel have been medevaced by helicopter.
12:51 PM ET - Late reports quote Sverre Diesen, chief of Norway's defense forces, as saying that Norwegian troops did not shoot to kill, and fired only tear gas, rubber bullets and warning shots [AP report]. Read a summary of his late-Tuesday press conference [in Norwegian], reporting that the situation in Maymana has stabilzed. Reuters says that the deaths among the protestors resulted from Afghan police fire [Reuters report].


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International brief ~ Sudan to consider UN peacekeepers for Darfur
D. Wes Rist on February 7, 2006 7:06 AM ET

[JURIST] Leading Tuesday's international brief, Sudanese Minister for Foreign Affairs al-Samani al-Wasiylah has said that Sudan [government website] has backed off its initial refusal to allow a UN peacekeeping force into the Darfur region [JURIST news archive], but would still require consultation by UN officials before they would agree to the mandate. Al-Samani al-Wasiylah clarified that the Sudan government was not opposed to the presence of UN peacekeepers in the region, but worried that there might be "other motives" for the willingness to fund a UN force but not the current African Union peacekeeping mission already in place. UN peacekeeping missions require the assent of all parties to the conflict before they may be legally implemented. JURIST's Paper Chase has continuing coverage of Sudan [JURIST news archive]. The Sudan Tribune has more.
In other international legal news ... - The Supreme Court of Nepal has ordered the Nepalese government [official website] to present over seventy student activists before the court by February 13. The students, all protesters seized during anti-government rallies, have been arrested or detained as part of the Nepalese government crackdown on opposition groups critical of King Gyanendra [official profile]. The court ordered the production of the students in response to a petition filed on behalf of those incarcerated. JURIST's Paper Chase has continuing coverage of Nepal [JURIST news archive]. NepalNews.com has local coverage.
- A government report by the Zimbabwe Prison Services Commissioner-General (PSCG) for Zimbabwean President Robert Mugabe [BBC profile] leaked Monday has indicated that the status of inmates in the nation's 40-plus prisons is little better than a death sentence, with critically high death rates during incarceration or just following release. PSCG Paradzai Zimondi reported that the deaths were due in part to the chronic food shortage, but also pointed to corruption among high-level prison officials as a significant factor, saying that wardens were stealing pharmaceuticals meant for inmates. JURIST's Paper Chase has continuing coverage of Zimbabwe [JURIST news archive]. ZimOnline.com has local coverage.
- Leading legal officials in Kenya [website] have drawn up the prosecutorial plan for pursuing individuals wanted as suspects and/or witnesses in the nation's two largest corruption scandals, both of which were revealed in the last few months. The Minister of Justice, the Attorney General, the Director of Public Prosecutions, and the Director of the Criminal Investigations Department met Monday and outlined a strategy for identifying, indicting, and prosecuting individuals connected with the Anglo Leasing and Goldenberg scandals. Prosecutors have vowed to indict all those responsible, regardless of rank or position. JURIST's Paper Chase has continuing coverage of Kenya [JURIST news archive]. Kenya's East African Standard has local coverage.


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