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Legal news from Friday, August 4, 2006 |
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Ukraine parliament approves Constitutional Court judges, new PM
Joshua Pantesco on August 4, 2006 1:33 PM ET

[JURIST] The Verkhovna Rada [official website], the Ukraine parliament, on Friday swore in 11 judges [RIA Novosti report] who will compose the Ukrainian Constitutional Court [official website]. Judges are nominated to the court by parliament, the president and by an association of judges. The judges were installed after parliament elected [RIA Novosti reports] its share of judges, and the court now has enough judges to operate for the first time since last year. In addition to failing to nominate candidates, parliament had also refused to swear in judges nominated by Ukrainian President Viktor Yushchenko [official website; BBC profile].
Also Friday, parliament formally approved Yushchenko's nomination of political rival Viktor Yanukovych [BBC profile] to serve as the country's prime minister. Yushchenko accepted the nomination [JURIST report] Thursday, ending weeks of speculation that Yushchenko's rejection of the nomination would prompt a constitutional crisis [JURIST report]. Yushchenko and Yanukovych were fierce rivals in the 2004 presidential election [JURIST report], the results of which were invalidated by the country's Supreme Court [JURIST report] following fraud allegations. Yushchenko was sworn in [JURIST report] as president after winning a re-vote. Yushchenko decided to accept Yanukovych as prime minister after the latter agreed to sign a National Unity Pact [press release] that preserves certain pro-Western elements of the president's agenda, including amending the Ukrainian Constitution [text] to include a "checks and balances" system and taking steps toward joining the European Union. Had Yushchenko refused to accept Yanukovych as prime minister, he would have been forced to dissolve parliament and call for new elections. Reuters has more.


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US Senate ratifies COE cybercrime treaty
Joshua Pantesco on August 4, 2006 12:17 PM ET

[JURIST] The US Senate on Thursday ratified the Council of Europe Convention on Cybercrime [text], which is intended to improve information- and evidence-sharing between national governments to prevent crimes on the Internet. The convention has been signed by 38 European countries along with Japan, Canada, and South Africa. The treaty will enter into force for the US on December 1, 2006.
US Attorney General Alberto Gonzales [official profile] applauded the ratification [DOJ press release], saying that "[t]he Convention is in full accord with all US constitutional protections, such as free speech and other civil liberties, and will require no change to US laws." Provisions of the treaty are aimed at combating terror networks, child exploitation, and information and identity theft. AP has more.


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Iran nuclear resolution prompts clerical call to abolish UN Security Council
Jaime Jansen on August 4, 2006 12:15 PM ET

[JURIST] Ahmad Jannati, head of Iran's powerful Guardian Council [official website], on Friday called for the abolition of the United Nations and the UN Security Council [official website] because of its prejudicial stance towards Iran. Jannati complained that the Security Council failed to pass a resolution condemning Israel for alleged war crimes [JURIST report] in the ongoing Middle East conflict [JURIST news archive] with Hezbollah, but had no problem passing a unified resolution asking Iran to halt its nuclear program [JURIST report].
The Security Council passed Resolution 1696 [text] on Monday, giving Iran until August 31 to halt uranium enrichment. The resolution threatens sanctions if it does not comply, although it requires additional Security Council discussion before sanctions can actually be imposed. Iranian President Mahmoud Ahmadinejad [official profile, English version] on Tuesday said "the peaceful use of nuclear fuel production technology" is Iran's "right," and promised not to give in to UN pressure. Meanwhile Friday, Manouchehr Mohammadi, one of Iran's deputy foreign ministers, also spoke out against double standards in the Security Council and reiterated Iran's position that the resolution is illegal [IRNA report]. Reuters has more.


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UK court convicts fox hunter under new ban
Jaime Jansen on August 4, 2006 11:48 AM ET

[JURIST] A UK court on Friday found a man guilty of illegally fox hunting with dogs in the first criminal prosecution under Britain's Hunting Act 2004 [text]. The League Against Cruel Sports (LACS) [advocacy website] brought a private prosecution [LACS case materials] against Tony Wright on a charge of hunting a fox in April 2005. District Judge Paul Palmer acknowledged that some forms of fox hunting are exempt under the law, but said that Wright had violated the law by hunting with two dogs and not keeping the dogs under close control. The law requires that a marksman be prepared to shoot fleeing foxes as soon as possible, but the prosecution alleged that Wright had hunted in a traditional style, which allows dogs to pursue foxes instead of shooting them immediately.
Earlier this year, the Court of Appeal dismissed a challenge [JURIST report] brought by the Countryside Alliance [advocacy website] alleging that the fox hunting ban infringed on human rights that protect the right to private family life, peaceful assembly and freedom of association. Last year, Countryside lost [JURIST report] another challenge questioning the legality of the 1949 Parliament Act [BBC backgrounder], which was used by the House of Lords to push the Hunting Act through parliament. Countryside chief executive Simon Hart expressed disappointment about Friday's ruling, saying that Wright thought he was complying with the law, and expressed frustration that the hunting law does not clearly state what kinds of fox hunting are banned. The Guardian has more.


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