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Legal news from Sunday, June 11, 2006




Guantanamo suicides spark renewed calls for release of Saudi detainees
James M Yoch Jr on June 11, 2006 5:24 PM ET

[JURIST] The suicides of three detainees [JURIST report], two Saudis and a Yemeni, at Guantanamo Bay [JURIST news archive] on Saturday prompted Saudi Interior Ministry officials to renew calls on Sunday for all Saudi prisoners to be released from the military camp and returned to Saudi Arabia where they can face charges. The US, which freed 15 Saudis from Guantanamo [JURIST report] last month, has faced increasing criticism from the United Nations [JURIST report], other countries and human rights groups about detainees' continued imprisonment at the camp. A lawyer for the Saudi detainees denounced the imprisonment at Guantanamo without charges, characterizing the detainees' treatment as "oppression and injustice."

Meanwhile, Rear Admiral Harry Harris, the chief commander at Guantanamo, called the suicides an "act of warfare" [Telegraph report] against the US that were planned to elicit sympathy. According to US military officials, there have been 41 suicide attempts by 23 inmates since Guantanamo opened. Reuters has more.






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Specter demands administration cooperation in drafting domestic spying rules
James M Yoch Jr on June 11, 2006 4:46 PM ET

[JURIST] US Senate Judiciary Committee Chairman Arlen Specter (R-PA) [official profile] said on Sunday that he plans to demand hearings and issue subpoenas for telephone company executives to discuss the program of disclosing public calling records [JURIST report] to the National Security Agency (NSA) [official website] if the White House fails to cooperate with Congress in devising rules for domestic surveillance [JURIST news archive]. Specter is pushing for a federal court investigation of whether the program is unconstitutional and for new rules that would clearly state the standards and processes for domestic spying. Specter also said he was hopeful that subpoenas would not be necessary after meeting with Vice President Dick Cheney, who has previously suggested that the NSA surveillance program requires no additional legal framework to be constitutional [JURIST report].

Last week, Specter sent a letter [PDF text; JURIST report] to Cheney accusing him of interfering with his plan to subpoena telephone companies regarding the NSA program. On Thursday, Specter introduced a new NSA oversight bill [JURIST report] that creates a reasonable person standard for authorizing warrantless wiretapping of any person "reasonably believed" to be associated with terrorism. The compromise bill modifies his earlier proposal [JURIST report] to require the NSA to seek Foreign Intelligence Surveillance Court [FJC backgrounder] approval before conducting surveillance. AP has more.






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ABA calls for death penalty moratorium in Alabama
James M Yoch Jr on June 11, 2006 4:02 PM ET

[JURIST] The American Bar Association [group website] death penalty assessment team [ABA materials] recommended a moratorium on the death penalty in Alabama in a report [DOC text; executive summary, DOC] released Sunday that cited major flaws in the state's administration of capital punishment [JURIST news archive]. The assessment team, composed of Alabama lawyers who are both prosecutors and defense attorneys, studied the state's death penalty system for approximately 20 months before releasing the report, which Alabama Attorney General Troy King [official website] accused of "liberal, activist" bias. The report, which only recommends a moratorium until due process standards can be fixed, identified several problems [ABA fact sheet, DOC] including inadequate and inconsistent court-appointed representation, limited access to DNA testing, and no implementation of the US Supreme Court ruling against executing the mentally retarded. The ABA hopes that the report will encourage the legislature to impose a moratorium until it can reform the capital punishment system when it convenes later this year.

The Alabama assessment is one of several being conducted by the ABA and an assessment panel has also identified problems with Georgia's death penalty practices [ABA materials]. In January, the Georgia assessment team also recommended a moratorium [JURIST report] on capital punishment until flaws could be corrected, but Georgia officials suggested that the legislature had no plans to reform [JURIST report] the state's system. AP has more.






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Marine says Haditha killings were unintentional, rules of engagement followed
James M Yoch Jr on June 11, 2006 3:30 PM ET

[JURIST] US Marine Staff Sergeant Frank Wuterich [Wikipedia profile], commander of the platoon implicated in the deaths of two dozen Iraqi civilians in Haditha [JURIST report], told his attorney that his unit followed the rules of engagement and did not purposefully attack civilians, the Washington Post reported Sunday. Wuterich contends that his platoon entered houses in pursuit of gunmen who opened fire on them after a roadside bomb detonated and killed Lance Cpl. Miguel Terrazas. The deaths occurred during a sweep in which they used fragmentation grenades and clearing fire before entering rooms. Wuterich also said that his unit stayed in contact with company headquarters, never attempted to cover up the incident, and immediately reported that 12 to 15 civilians had been killed during the firefight in Haditha [JURIST news archive].

A preliminary US investigation [JURIST report] suggested the victims had been shot without provocation by the Marines. The military is currently conducting two official investigations [JURIST report] into the incident - one about the actions of the Marines involved and one into whether military officials obscured facts and tried to cover up the incident – and President Bush has promised [JURIST report] that any Marines who committed crimes will be punished. Reuters has more.
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 Op-ed: Haditha and My Lai: Lessons from the Law of War






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More Iraq detainees released under reconciliation plan
Jeannie Shawl on June 11, 2006 11:35 AM ET

[JURIST] Dozens of Iraqi detainees were released Sunday as part of a national reconciliation plan announced by new Iraqi Prime Minister Nouri Maliki [BBC profile] last week. Maliki promised that 2,500 prisoners held in US detention facilities and Iraqi custody would be released if the detainees "are not Saddam Hussein loyalists or terrorists or anyone who has Iraqi blood on their hands." Sunday's release of prisoners follows the release of 600 prisoners [JURIST report] on Wednesday.

The move is seen as an attempt by the hardline Shiite prime minister to appease the Sunni minority, which is largely responsible for the insurgency against the Iraqi government. Maliki made releasing detainees who were detained mistakenly or without sufficient evidence a priority when he began his term [JURIST report] in May. The US military and Iraqi officials have detained an estimated 28,000 people. Most, like Hussein, are Sunnis. Reuters has more.

6/12/06 9:54 AM ET - An Iraqi Justice Ministry spokesman has said that 230 detainees were released from Abu Ghraib prison [JURIST news archive] and two other detention facilities. AFP has more.






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Nepal parliament votes to strip king of veto power
Jeannie Shawl on June 11, 2006 11:02 AM ET

[JURIST] Parliament members in Nepal [JURIST news archive] voted late Saturday to strip King Gyanendra [official profile; BBC profile] of his power to veto laws passed by the legislature. The new law is the latest in a series of moves to strip Gyanendra of the wide-ranging powers [JURIST report] he held before three weeks of pro-democracy protests [JURIST news archive] in April forced the king to reinstate parliament [JURIST report].

Gyanendra sacked the government and parliament [JURIST report] in February 2005 and assumed direct rule of the country, but lawmakers in Nepal have worked to restore power to the people during the past few months, including endorsing a plan to hold elections for a constituent assembly [JURIST report] to re-write the current constitution [text]. AP has more. eKantipur.com has local coverage.






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