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Legal news from Saturday, July 1, 2006 |
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Mexico ex-president arrested on genocide charges
Bernard Hibbitts on July 1, 2006 4:56 PM ET

[JURIST] Former Mexican president Luis Echeverria [Wikipedia profile; JURIST news archive] was under house arrest Saturday after a Mexican appeals court ruled Friday that it had enough evidence to charge him with genocide in connection with his role in putting down a 1968 student revolt [backgrounder] in which dozens, perhaps even hundreds [backgrounder, documents], of protesters were killed by police and military officers. Echeverria was Interior Minister at the time. He served as president of Mexico [JURIST news archive] between 1970 and 1976, and became notorious for fighting a "dirty war" against Mexican leftists. He is now 84.
Rights groups say that as many as 300 protestors may have been killed when government forces fired on the students. Echeverria has long denied any wrongdoing in the incident. The arrest warrant came two days before Mexicans elect a new president [press release; electoral commission website] to replace retiring Vicente Fox [official profile]. Fox, candidate of the opposition PANA party that beat Echeverria's PNI in 2000, has made the Echeverria prosecution a cause celebre of his presidency but had to this point failed to secure an arrest. In June 2005 the Mexican Supreme Court [official website] ruled 3-2 that Echeverria could be prosecuted, but judges refused to issue arrest warrants on two previous occasions, most recently in September 2005 [JURIST reports], when a court rejected a prosecutor's bid [JURIST report] claiming that the statute of limitations for genocide had run out and that the 1968 killings did not qualify as genocide. Reuters has more. From Mexico City, El Universal has local coverage [in Spanish].


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African Union panel says Chad ex-president should be tried in Africa
James M Yoch Jr on July 1, 2006 12:11 PM ET

[JURIST] An African Union panel recommended [HRW release] on Friday that former Chadian president Hissene Habre [Wikipedia profile; JURIST news archive], accused of committing torture, mass killings, and other abuses in the 1980s, face trial in Africa instead of in Belgium, which last September issued an international arrest warrant [JURIST report] for the ex-dictator, who has been in exile in Senegal since 1990. The panel, which was formed [JURIST report] after Senegal announced it was "not competent" [JURIST report] to rule on Belgium's extradition request, recommended that Habre face trial back in Senegal, which has twice refused to prosecute Habre already, or in Chad or in any of the 45 African countries that have adopted the international Convention Against Torture [text]. The panel identified Senegal as the best place for the trial and confirmed that the country has jurisdiction.
The announcement has sparked criticism from victims' lawyers and Human Rights Watch [advocacy website], which has been the most vocal rights watchdog pushing to have Habre brought to justice. The European Parliament urged Senegal to try Habre in March, and last May, the UN Committee against Torture [official website] gave Senegal 90 days to extradite [JURIST report] him to Belgium. IRIN has more.


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Senate Armed Services Committee chair hesitant on Gitmo tribunals legislation
Holly Manges Jones on July 1, 2006 10:10 AM ET

[JURIST] Sen. John Warner (R-VA) [official website] said Friday that Congress must be cautious about passing an alternative to military commissions [DOD materials; JURIST news archive] at Guantanamo Bay [JURIST news archive], which were struck down [JURIST report] by the US Supreme Court [official website] earlier this week. Warner is chairman of the US Senate Armed Services Committee [official website] and will lead hearings [press release] on the issue in July. He said Congress must use "careful analysis" to pass legislation that would gain approval by the high court if challenged a second time around. US lawmakers are tasked with balancing the Supreme Court's mandate that detainees must be given some basic rights and the White House's contention that being too lax poses more terrorism threats.
Both Democrats and Republicans have criticized the Bush administration for not working with Congress on the issue previously, including Sen. Carl Levin (D-MI), Sen. Charles Schumer (D-NY), and Sen. Arlen Specter (R-PA) [official websites]. Specter originally offered legislation in 2002 [Specter floor statement] to create a process of military trials for detainees that the White House refused, instead insisting upon using the military commissions it created [Military Order text]. Specter proposed legislation [Baltimore Sun report; draft bill text, DOC] again this week for a type of military commission, which would provide rules for protecting classified information, a three-member decision panel including at least one judge advocate general, and evidence standards which would allow hearsay. President Bush said Thursday that he plans to work with Congress [JURIST report] to establish a system that falls within the high court's mandates.
Sen. Warner said the July hearings will include judge advocates from all branches of the military to decide the right type of trial for suspected terrorists. Courts-martial [Wikipedia backgrounder] seem to fall in the middle between civilian courts, which would offer detainees the most rights, and military commissions, which offer the fewest. If a type of court-martial is approved as the future trial procedure, suspected terrorists will encounter a jury made up of military officers, a streamlined bill of rights, convictions only if three quarters of the jury agree, and less strict rules of evidence than civilian courts. Saturday's New York Times has more.


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