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Legal news from Thursday, July 13, 2006 |
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Judge lets terror suspect Padilla view classified documents for defense
James M Yoch Jr on July 13, 2006 6:37 PM ET

[JURIST] Jose Padilla [JURIST news archive] and his attorneys may view classified information from the US Department of Defense (DOD) [official website] in preparation for his terrorism trial, US District Judge Marcia G. Cooke [official profile] has ruled. Although defense lawyers are routinely granted access to confidential information after obtaining security clearance, allowing Padilla to examine the 32 documents and 57 videotapes containing statements he made under interrogation while detained by the US military is an unorthodox move. His lawyers claim that viewing documents with Padilla will help him remember his detention and contribute to his defense. Cooke, who ordered the prosecution to turn over additional evidence [JURIST report] to Padilla's defense last month, also outlined the strict procedures under which Padilla may view the materials, including observation by a US marshal from the doorway.
Padilla, initially suspected of planning to set off a "dirty bomb" in the United States, was charged [JURIST report] last year with conspiracy to murder US nationals, conspiracy to provide material support to terrorists and providing material support to terrorists. He was transferred to civilian custody [JURIST report] in January of this year, when he pleaded not guilty [JURIST report] to the terror charges. A trial is scheduled to begin in September. AP has more.


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Plame sues Cheney, Libby, Rove over CIA leak case
James M Yoch Jr on July 13, 2006 6:06 PM ET

[JURIST] Valerie Plame, the undercover operative whose revealed identity precipitated the CIA leak scandal [JURIST news archive], filed a lawsuit [complaint, PDF] in federal court Thursday against Vice President Dick Cheney, White House Deputy Chief of Staff Karl Rove [official profile] and former vice-presidential aide I. Lewis "Scooter" Libby [defense trust profile] for their alleged roles in the scandal. In the suit, Plame asserts that Cheney, Rove, Libby and 10 unnamed administration officials violated her rights to privacy, free speech, and equal protection under the US Constitution, claiming that the defendants conspired to expose Plame, threatening her career and endangering her family. Plame contends that the defendants revealed her identity as an undercover CIA operative in retaliation for the statements made by her husband, former US ambassador Joseph Wilson, in which he denied that Saddam Hussein had attempted to purchase materials for a nuclear weapon in Niger, as the Bush administration had claimed.
Libby, the only government official facing criminal prosecution in the scandal, pleaded not guilty [JURIST report] in November to charges of obstruction of justice and perjury [indictment, PDF; JURIST report], and some believe President Bush may pardon him [JURIST report]. AP has more.


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Amnesty accuses Israel, Hezbollah of Geneva Convention violations
Joshua Pantesco on July 13, 2006 3:17 PM ET

[JURIST] Amnesty International issued a scathing statement on Thursday condemning Israel and Lebanese political group Hezbollah [Wikipedia backgrounder] for causing civilian deaths and taking hostages in violation of Geneva Convention protections. Israeli air strikes killed 40 civilians and injured 60 in southern Lebanon on Wednesday after Hezbullah crossed the Israeli border, kidnapping two Israeli soldiers and killing eight others. Amnesty said the Israeli and Hezbollah actions violated Article 33 of the Fourth Geneva Convention [text], which bans "collective penalties and likewise all measures of intimidation or of terrorism," as well as Article 147, which bans hostage-taking and "extensive destruction...not justified by military necessity and carried out unlawfully and wantonly." Amnesty called on the Lebanese government to "take concrete measures to ensure that Hezbollah complies with [its] obligations under international law."
Meanwhile, the UN Special Rapporteur on extrajudicial, summary or arbitrary executions has urged [press release] that those responsible for killings in Israel and the Palestinian Authority be held accountable. Philip Alston said that both sides must cooperate with procedures established by the Human Rights Council [official website], which held a special session last week where the Council condemned the West Bank conflict [JURIST report] as breaching international law, and adopted a resolution [PDF text] calling for the end of violence against civilians.
5:44 PM ET - Also Thursday, the US vetoed a draft UN Security Council resolution advanced by Qatar and supported by Arab countries that would have accused Israel of a "disproportionate use of force" against Palestinian civilians and called for a withdrawal of Israeli forces from Gaza. The veto was the first for the US in almost two years. Read US UN Ambassador John Bolton's explanatory statement. Denmark, Peru, Slovakia and United Kingdom abstained from voting on the draft, which additionally called on Israel to free Palestinian Hamas lawmakers it had seized and urged the Palestinian Authority to act to stop rockets being fired into Israel from Gaza. AP has more. The UN News Center has additional coverage.


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China jails journalist for subversion as another appeals sentence, requests release
Joshua Pantesco on July 13, 2006 1:45 PM ET

[JURIST] A Chinese court has sentenced writer Li Yuanlong, a reporter for the Bijie Daily newspaper who wrote essays on websites banned by the Chinese government, to two years in prison for "inciting subversion of state authority," his lawyer said Thursday. Li pleaded not guilty during his May trial [CPJ report], after being charged [The Standard report] in February. Reporters Without Borders [advocacy website] condemned the sentence [press release] and praised Li for his reporting on the hardships faced by the poorest Chinese citizens.
Also on Thursday, another jailed journalist appealed his sentence and requested release to visit his doctor, according to a human rights group. Shi Tao was jailed for ten years for divulging details of a censorship order [HRIC backgrounder] to a US-based human rights group. Internet giant Yahoo has been accused of leading Chinese authorities to Shi [JURIST report] by turning over Shi's emails to local authorities, but Yahoo has refused to confirm the allegations. A verdict in the Zhao Yan state secrets case [JURIST report] is expected by July 25. The Committee to Protect Journalists (CPJ) [advocacy website] reported in 2005 that Chinese prisons held 32 journalists [CPJ report], allegedly more than in any other country. AP has more.


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UK Enron bankers extradited to US to face fraud charges
Joshua Pantesco on July 13, 2006 1:30 PM ET

[JURIST] US Marshals took custody of three former NatWest [corporate website] bankers Thursday as the controversial extradition of the three British nationals went ahead as scheduled. Giles Darby, David Bermingham and Gary Mulgrew will face seven counts of wire fraud for allegedly reaping around 1.5 million pounds each from a fraudulent sale of Enron stock. The three have proclaimed their innocence, and could face up to 35 years in prison if convicted. They are scheduled to attend a bail hearing in Texas federal court on Friday.
On Wednesday, British MPs protested the US-UK extradition treaty as 'lopsided' [JURIST report], calling on Prime Minister Tony Blair to re-negotiate the treaty to include a presumption that British citizens accused of committing crimes in the UK should be tried there. The revised UK Extradition Act [text] incorporates the 2003 US-UK Extradition Treaty [text, PDF; Statewatch backgrounder] into British law, but the US has not yet ratified the instrument. Currently, the US may request that a UK citizen be extradited upon a simple showing of prima facie evidence, but the US will only extradite a US citizen to the UK if the UK shows that probable cause underlies the extradition request. BBC News has more.
Also on Thursday, UK Home Office minister Baroness Scotland [official profile] traveled to the US to lobby for US ratification [JURIST report] of the extradition treaty. EPolitix has more.


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Iran president threatens nuclear treaty withdrawal in face of Council referral
Jaime Jansen on July 13, 2006 11:58 AM ET

[JURIST] Iranian President Mahmoud Ahmadinejad [official website; BBC profile] warned Thursday that Iran may stop allowing UN International Atomic Energy Agency (IAEA) [official website] inspections of its nuclear facilities and pull out of the nuclear Non-Proliferation Treaty (NPT) [PDF text] if international pressure to stop its nuclear program continues. Ahmadinejad's threat came shortly after key members of the UN Security Council [official website] announced [text] that Iran's failure to respond to demands to halt work that could lead to nuclear weapons would be referred to the Security Council for further consideration. Iran asserts that it wants to enrich uranium for the sole purpose of making reactor fuel. Representatives from Britain, China, France, Germany, Russia, the US and the EU said Wednesday that they have agreed to pursue a draft resolution [JURIST report] that would make mandatory an IAEA requirement that Iran suspend enrichment related and reprocessing activities. If Iran fails to comply with that resolution, the countries said they are committed to pursuing measures under Article 41 of the UN Charter [text], which authorizes complete or partial interruption of economic relations, means of communications and the severance of diplomatic relations.
World powers have offered a series of concessions to Iran in an effort to encourage Iran to stop its nuclear program, including diplomatic and technology incentives and multilateral talks with the US involved. In May, Iranian negotiator Ali Larijani said that Iran would not pull out of the NPT after Iranian lawmakers sent a letter [JURIST report] to UN Secretary-General Kofi Annan threatening to withdraw from the NPT if Annan and other members of the Security Council failed "in their crucial responsibility to resolve differences peacefully." An Iranian Foreign Ministry spokesman confirmed the country's ongoing commitment [JURIST report] to the NPT in February after Ahmadinejad publicly suggested he might walk away from the treaty [JURIST report]. Iran, which resumed uranium enrichment in January, ignored an earlier non-binding Security Council demand [JURIST reports] to stop the enrichment program. AFP has more. IRNA has local coverage.


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EU could resume Serbia membership talks without Mladic arrest
Jaime Jansen on July 13, 2006 11:04 AM ET

[JURIST] The European Union [official website] may resume talks with Serbia over the country's possible accession [EU materials] into the EU this fall, even if indicted war crimes suspect Ratko Mladic [ICTY case backgrounder; JURIST news archive] has not been arrested and handed over to the International Tribunal for the Former Yugoslavia (ICTY) [official website], according to European diplomats Thursday. Talks can resume if Belgrade shows convincing evidence that it is actively searching for the missing suspect, last believed to be hiding in Serbia [JURIST report]. The EU suspended talks with Serbia in June over its failure to hand over Mladic, and the US cut off financial aid [JURIST reports] to Serbia for the same reason.
Serbian Prime Minister Vojislav Kostunica [official profile; Wikipedia profile] will present the country's plan to capture Mladic to the EU on Monday, and EU diplomats have indicated that they will resume talks with Serbia if there is a "positive assessment of the plan by the tribunal." A British official denied that Mladic's arrest has always been a condition to membership talks, asserting that Serbia had to show "full cooperation" with the ICTY before EU membership talks could resume. A spokesman for ICTY chief prosecutor Carla del Ponte, however, indicated that membership talks were still conditional upon Mladic's handover. Mladic is wanted by the ICTY for allegedly organizing the 1995 slaughter of 8,000 Muslims in Srebrenica [JURIST news archive], Bosnia. Reuters has more.


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Native American tribe sues Abramoff, Scanlon for alleged fraud
Joshua Pantesco on July 13, 2006 10:53 AM ET

[JURIST] The Alabama-Coushatta Tribe [tribe website] filed a complaint [PDF text; press release, PDF] in a Texas federal district court on Wednesday alleging that former lobbyist Jack Abramoff [JURIST news archive], his associate Michael Scanlon [Wikipedia backgrounder] and former Christian Coalition executive director Ralph Reed [campaign website] defrauded the tribe by lobbying to close its Texas casino nine months after it opened in November 2001. Specifically, the lawsuit alleges that the defendants turned the Louisiana-Coushatta Tribe, which operated a nearby casino in Louisiana, against the plaintiffs, and "violated Texas lobbying laws, set up sham entities and waged a lobbying battle fraught with misrepresentations and lies" by lobbying the Texas legislature to "halt a Texas measure that would grant the ... Tribe the unquestionable right to game under Texas State law." As a result, the complaint alleges, "the funding for economic programs evaporated, over 300 jobs were lost in Polk county, and the ... Tribe has spent years struggling to recover and revitalize its economy through other means."
Reed has been trying to distance himself from the Abramoff scandal throughout his campaign for lieutenant governor of Georgia. A recent Senate report [JURIST report; PDF text] called links between Abramoff and Scanlon, a former aide to US Rep. Tom DeLay [JURIST news archive], "astonishing." Both Scanlon and Abramoff [JURIST reports] have pleaded guilty in a massive fraud probe. Reuters has more.


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ICJ rejects Argentina request to halt construction of Uruguay paper mills
Joe Shaulis on July 13, 2006 10:47 AM ET

[JURIST] The International Court of Justice (ICJ) [official website] on Thursday denied a request by Argentina [court materials] that Uruguay be barred from continuing construction of two paper mills along the river that separates the two nations [ASIL case backgrounder]. The court, voting 14-1, ruled [order, PDF; press release] that "the circumstances, as they now present themselves to the Court, are not such as to require the exercise of its power ... to indicate provisional measures." Because Argentina failed to prove that the construction of the mills "constitutes a present threat of irreparable economic and social damage," the court is allowing the construction to continue while a final judgment in the case is pending. But the court warned that in proceeding with the authorization and construction of the mills, Uruguay necessarily bears all risks relating to any finding on the merits that the Court might later make; ... the Court points out that their construction at the current site cannot be deemed to create a fait accompli because, as the Court has had occasion to emphasize, "if it is established that the construction of works involves an infringement of a legal right, the possibility cannot and should not be excluded a priori of a judicial finding that such works must not be continued or must be modified or dismantled." The court noted that Argentina may, in the future, submit a new request based on new facts.
Argentina claims Uruguay's construction of the paper mills breached the Statute of the River Uruguay, which calls for prior consultation and mutual agreement about actions that could affect the river. Both countries signed the treaty in 1975. Uruguay has a significant economic stake in the $1.9 billion project, which officials hope will create 600 jobs and increase exports by 15 percent. AP has more. La Nacion has local coverage from Buenos Aires; El Pais reports from Montevideo (both in Spanish).


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Connecticut court upholds civil unions law
Jaime Jansen on July 13, 2006 10:37 AM ET

[JURIST] A Connecticut Superior Court [official website] judge ruled [PDF text] Wednesday that civil unions do not harm same-sex couples, saying that they "share the same benefits, protections and responsibilities" as married couples. Judge Patty Jenkins Pittman further wrote that because civil unions enjoy the same benefits and protections as traditional marriages, same-sex couples receive equal protection and due process of law under the Connecticut Constitution [text].
Last year, the state approved civil unions for same-sex couples [JURIST report], giving them the same legal rights as heterosexual married couples, but plaintiffs argued that the marriage law still caused them to be treated as a separate class of citizens. Eight same-sex couples, assisted by the Gay and Lesbian Advocates and Defenders (GLAD) [advocacy website] challenged the law [GLAD materials], claiming that the state's marriage law is unconstitutional because it treats heterosexual couples differently than same-sex couples by defining marriage as existing only between a man and a woman. Connecticut Assistant Attorney General Jane Rosenberg defended the marriage law in March [JURIST report], saying homosexuals do not have a fundamental right to marry. GLAD plans to appeal [press release] Wednesday's decision. AP has more. The Hartford Courant has local coverage.


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Right-wing French leader to stand trial for Holocaust denial
Jaime Jansen on July 13, 2006 9:49 AM ET

[JURIST] France's far-right National Front [party website] leader Jean-Marie Le Pen [BBC profile], who surprised observers with his strong performance in the 2002 French presidential election [BBC backgrounder], will be put on trial in Paris for allegedly denying how brutal the Nazi occupation of France was during World War II, according to French judicial officials Wednesday. The charges stem from comments Le Pen made [BBC report] last year in an interview with the right-wing weekly magazine Rivarol [media website, in French], saying "in France, at least, the German occupation was not particularly inhumane, although there were some blunders." Under French anti-racism laws [text, in French; Wikipedia backgrounder on the "Loi Gayssot"], denying the Holocaust is a crime and Le Pen will be charged for "complicity in contesting crimes against humanity and complicity in justifying war crimes."
Le Pen's lawyers have already stated that Le Pen will likely be cleared of the charges, arguing that the comments were not strong enough to constitute a criminal offense and that Le Pen's were not meant for publication because he made the incriminating remarks after the formal Rivarol interview ended. Le Pen plans to run in the 2007 presidential election, and if convicted, will still be able to appeal the ruling and postpone a final verdict until after the vote. AP has more. BBC News has additional coverage.


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House Republicans announce second round of immigration hearings
Joshua Pantesco on July 13, 2006 9:36 AM ET

[JURIST] House Majority Leader Jim Boehner (R-OH) on Wednesday scheduled seven more House hearings [press release] through the end of July on comprehensive immigration reform [JURIST news archive; House Judiciary materials], and characterized the first round of hearings [JURIST report] as a success for House Republicans who support strict enforcement-focused legislation. The new hearings, save one, will all be held in Washington DC, and will involve the House Homeland Security, Education, Judiciary, and International Relations [official websites] committees. After announcing the first round [JURIST report] of rare field hearings outside Washington late last month House Republicans denied they had timed them [JURIST report] to delay an immigration vote until after November elections.
There are few similarities between the Senate bill [S 2611 summary; JURIST report] and the House version [HR 4437 summary; JURIST report], which must be reconciled before a bill can be presented to the President. Last month, President Bush called on lawmakers to find a "rational middle ground" [JURIST report] between the Senate version, which includes a pathway to citizenship favored by Bush, and the House bill, which focuses border security. AP has more.


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UK police arrest chief fundraiser for PM Blair
Joe Shaulis on July 13, 2006 9:36 AM ET

[JURIST] Lord Michael Levy [BBC profile; Wikipedia profile], chief fundraiser for British Prime Minister Tony Blair [official website], returned to a police station for questioning Thursday after he was arrested by Scotland Yard [Times report] Wednesday in connection with a growing "cash for honors" scandal [BBC Q&A]. The police official leading the investigation, Deputy Assistant Commissioner John Yates, described Levy's arrest as "integral" to the probe rather than "symbolic," although he said Levy would not necessarily be charged. Levy, who was released on bail, denied wrongdoing. Asked to comment on Levy's arrest, Blair's official spokesman said it was a matter for the Labour Party [press briefing summary].
The investigation began after revelations that some people recommended for peerages had made secret loans to Blair's Labour Party [party website] and other major political parties [JURIST report]. Trading cash for honors may violate the 1925 Honours (Prevention of Abuses) Act [BBC backgrounder]. UK Lord Chancellor and Secretary of State for Constitutional Affairs Lord Falconer has suggested [JURIST report] that new laws should be enacted requiring loans to political parties to be publicly disclosed. Commissioner Yates told Parliament's Public Administration Select Committee (PASC) in a closed-door briefing Thursday that 48 people had been questioned in the political corruption investigation - Britain's largest in 70 years. Also on Thursday, the PASC released a report [press notice] calling for further steps to ensure the propriety of peerages and honours. Read the full text [PDF] of the report, Propriety and Honours: Interim Findings. The London Times has more. BBC News has additional coverage.


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Annan praises US decision on Geneva protections for detainees
Joe Shaulis on July 13, 2006 9:10 AM ET

[JURIST] UN Secretary-General Kofi Annan [official profile] said Thursday that the US Department of Defense (DOD) [official website] decision to apply the Geneva Conventions to detainees in US military custody [JURIST report] "strengthens the international rule of law, and is true to the U.S.'s strong tradition of respect for civil liberties."
A statement [text] released by Annan's spokesman, Stephane Dujarric, reads, in full: The Secretary-General welcomes the decision by the U.S. Government requesting its defence officials to promptly review all relevant directives, regulations, policies, practices and procedures within their purview affecting alleged Al Qaeda or Taliban militants detained in U.S. custody, in order to ensure that all such measures comply with the standards of common Article 3 of the Geneva Conventions.
The Secretary-General believes this decision strengthens the international rule of law, and is true to the U.S.'s strong tradition of respect for civil liberties. He also believes, and has frequently stated, that strict compliance with international humanitarian and human rights law in no way contradicts or undermines efforts to counter terrorism, but on the contrary is essential to the success of those efforts. He encourages all countries to keep their legislation and practices under constant review, with a view to ensuring that they are in conformity with international humanitarian and human rights laws. Bush administration officials have denied that a July 7 memo [PDF text] by Deputy Secretary of Defense Gordon England represents a reversal in policy [JURIST report]. Reuters has more.


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Putin signs bill to shorten military conscription requirement
Jaime Jansen on July 13, 2006 8:29 AM ET

[JURIST] Russian President Vladimir Putin [official website, English version; BBC profile] on Wednesday signed a law that shortens the conscription term and wipes out five accepted reasons for military draft deferments. The law, passed [JURIST report] by both houses of parliament in June, reduces required military service from two years to one and a half starting in 2007, and then to one year in 2008. It abolishes five deferment reasons, however, including those for rural doctors and teachers and for people taking care of sick parents. The law also toughens the requirements for four other deferment reasons.
Russia has received international criticism in recent months for fostering a culture of military abuse [JURIST report], exemplified by cases in which officers have been convicted of abuse of rank and degradation in an incident that cost a conscript his legs, and of contracting out conscripts for personal gain [JURIST reports]. Russia's chief military prosecutor told the upper house of parliament [JURIST report] in February that 6,000 people were abused by Russian military personnel last year and that 2,600 soldiers were convicted of abusing other soldiers [JURIST report]. Some conscripts must be forcibly detained [HRW backgrounder] into service, and many avoid the military through bribes or fake doctor's certificates. The Russian Defense Ministry reported that 16 soldiers died of abuse in 2005, while 256 committed suicide to avoid conscription [MosNews report]. AP has more.


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India detains hundreds in Mumbai bombing investigation
Jaime Jansen on July 13, 2006 8:00 AM ET

[JURIST] Indian authorities have detained approximately 350 people for questioning in connection with Tuesday's Mumbai train bombings [BBC report], which killed over 200 people and wounded 700. Police Inspector S. Goshal said Thursday that none of the detainees have been formally arrested or charged, but that authorities brought the detainees in to help investigate the Tuesday bombing. Careful not to rock the fragile peace process between India and Pakistan, Indian Prime Minister Manmohan Singh [official website] asked his citizens to remain calm and avoid spreading rumors about the attacks [BBC report] during a televised statement [transcript; recorded audio] Wednesday, referring to the perpetrators as general terrorists.
Indian Foreign Ministry spokesman Navtej Sarna on Thursday demanded that Pakistan break up all existing terrorist networks in the country but stopped short of blaming Pakistan, amid speculation that Kashmiri militants [BBC backgrounder] played a role in the series of eight bombs. Pakistan, however, insists that it only offers the Islamabad funded militants diplomatic support and denied supporting the attacks. The UN Security Council [official website] immediately condemned the bombings [press release], calling them "reprehensible," and called on all countries to cooperate with India in the investigation. In a Wednesday statement [transcript], Council President Jean-Marc de la Sabliere said the Council "reaffirms the need to combat by all means, in accordance with the Charter of the United Nations, threats to international peace and security caused by terrorist acts," and added that member states have an obligation under "international human rights, refugee and humanitarian law" to combat terrorism. AP has more.


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