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Legal news from Friday, August 4, 2006




Federal court redraws Texas voting map to prevent Hispanic vote dilution
Joshua Pantesco on August 4, 2006 3:51 PM ET

[JURIST] A panel of three federal judges on Friday redrew Texas's 23rd Congressional District [opinion; additional materials] to "restore Latino voting strength" to the district in compliance with a June 2005 Supreme Court ruling. The new congressional map as drawn by judges from the US District Court for the Eastern District of Texas [official website] consolidates Webb County [official website], placing the entire Hispanic-dominated county into the 28th District, and moves parts of Bexar County, which includes San Antonio, into the 23rd district.

The Supreme Court ruled in League of United Latin American Citizens v. Perry [JURIST report; Duke Law case backgrounder] and three other consolidated cases in June that the 23rd District, as redrawn by Republicans in 2003, violated Section 2 of the Voting Rights Act [text; DOJ backgrounder] because Latino voting power was diluted. AP has more.






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UN agencies urge respect for international humanitarian law in 'forgotten' Gaza
Joshua Pantesco on August 4, 2006 2:43 PM ET

[JURIST] UN agencies working in Gaza joined Friday to urge respect for international humanitarian law and the obligation to protect civilians, reminding the international community in a joint statement [text, PDF] not to forget the violence there while attention to the ongoing Middle East conflict [JURIST news archive] is focused on Lebanon. Observing that since June 28, Palestinian troops and civilians have suffered approximately 160 deaths and 600 injuries, and Israeli forces have reported 1 death and 24 injuries, the statement noted that:

Under international humanitarian law...all parties to the conflict are obliged to protect civilians during hostilities. Parties must exercise precaution and respect the principle of proportionality in all military operations to prevent unnecessary suffering among the civilian population. The shelling of sites with alleged military significance that results invariably in the killing of civilians, among them an increasing number of children, cannot be justified. All parties are urged to bear in mind that international law demands accountability and that individual criminal responsibility may be engaged for violations of international humanitarian law.
The UN News Centre has more.





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Burundi authorities accused of abusing detainees arrested for coup plot
Joshua Pantesco on August 4, 2006 2:08 PM ET

[JURIST] Several former Burundi government officials who were arrested and detained [JURIST report] on Tuesday are being abused in detention, according to family members of the detainees pleading for international attention on local radio broadcasts. The wife of former Vice President Alphonse Kadege said she saw police officers standing on her husband, and later, his arm was broken. Another politician's wife alleged her husband had been repeatedly kicked while in custody.

A total of eight people were arrested on Tuesday on suspicion of plotting a coup attempt in Burundi [JURIST news archive]. Violence between the majority Hutus and minority Tutsis has racked Burundi since its 12-year civil war [Global Security backgrounder], which was sparked by the assassination of the country's first democratically elected Hutu president in 1993. BBC News has more.






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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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Connecticut library case records show government over-censorship: ACLU
Joshua Pantesco on August 4, 2006 12:37 PM ET

[JURIST] Documents made public [ACLU press release] Thursday show the US government ordered the ACLU to censor copies of newspaper articles and several instances of unfavorable Supreme Court language that appeared in ACLU papers over the course of litigation involving the FBI and four Connecticut librarians who challenged a National Security Letter (NSL) [text, PDF; ACLU backgrounder] they received last year. US Supreme Court Justice Ruth Bader Ginsburg on Wednesday ordered the public disclosure of the case record [JURIST report] upon the petition of the ACLU, counsel for the librarians, who argued that the documents should be released because the FBI concluded their investigation [JURIST report] in June.

The ACLU said Thursday that the released documents reveal a Bush Administration tendency to over-censor public information. For example, this page [image] of Ginsburg's 2005 opinion in Doe v. Gonzales [PDF text] was censored, and the Connecticut librarians were banned from acknowledging that they were subject to an investigation, even though this New York Times article [text] had already revealed their identities.

The ACLU last year filed a lawsuit [JURIST report] on behalf of the library, and in September US District Judge Janet Hall lifted the gag order [JURIST report] restricting the four librarians from disclosing that they had received a NSL, ruling that it unfairly prevented librarians from participating in debate about the proper revision of the USA Patriot Act [JURIST news archive] before the government renewed [JURIST report] the anti-terror legislation in March. Federal prosecutors abandoned appeal efforts [JURIST report] in April 2006. AP 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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Russia to extradite 13 Andijan uprising suspects to Uzbekistan
Jaime Jansen on August 4, 2006 11:08 AM ET

[JURIST] Russian prosecutors said Thursday that they had approved a request from Uzbekistan [JURIST news archive] to extradite 13 people accused of terrorist acts in connection with last year's uprising in Andijan [JURIST news archive] that resulted in the massacre of unarmed Uzbek civilians [BBC backgrounder]. Russian officials said that Uzbekistan suspects the men incited extremist acts during the uprising and committed murder.

Memorial [advocacy website], a Moscow-based human rights group, says the cases against the 13 men are false and fear they will face torture when they return to Uzbekistan. Memorial has also asserted that the men have been determined to be refugees by the UN High Commissioner for Refugees [official website], but that the government has refused to recognize their refugee status. The Russian Prosecutor General's office [official website, in Russian] said Uzbek prosecutors assured Russian authorities that the 13 men would not be tortured or sentenced to death. MosNews has more. RFE/RL has additional coverage.






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UK government loses appeal in Afghan hijackers asylum case
Jaime Jansen on August 4, 2006 9:33 AM ET

[JURIST] The UK Court of Appeal [official website] on Friday upheld [text] a High Court decision [text] that nine Afghanistan nationals responsible for the February 6, 2000 Stansted Airport hijacking [BBC report] should have "discretionary leave" to stay in Britain until it is safe for the hijackers to return to Afghanistan. In a unanimous ruling [opinion text], Lord Justice Henry Brooke wrote that the justices must "apply the law as they find it, and not as they might wish it to be."

The lower court ruling by Mr. Justice Jeremy Sullivan was based on the controversial Human Rights Act [text], the 1998 English codification of the European Convention on Human Rights [PDF text], which prohibits the government from deporting criminals back to home countries that have a history of torturing criminals. UK Home Secretary John Reid appealed the ruling [JURIST report] in May, arguing that it should be overturned because the decision to allow the convicted hijackers to remain in the UK "appear[s] inexplicable or bizarre to the general public." Prime Minister Tony Blair derided the decision as an "abuse of common sense," and the controversy contributed to tension between the British government and judiciary [JURIST report] over human rights issues in the war on terror. Responding to Friday's decision to uphold asylum for the nine hijackers, Reid said he will press for new laws to effectively reverse the decision. Bloomberg has more. The Guardian has local coverage.






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Texas Republicans to appeal DeLay ballot ruling to Supreme Court
Jaime Jansen on August 4, 2006 8:55 AM ET

[JURIST] Texas Republicans said Thursday that they will appeal a federal appeals court decision [PDF text] that former US House Majority Leader Tom DeLay [JURIST news archive] must remain on the Texas ballot for the November election to the US Supreme Court. The US Court of Appeals for the Fifth Circuit [official website] ruled Thursday that the Republican party cannot remove DeLay from the ballot [JURIST report] even though he currently resides in Virginia because he could still return to his home in Texas before election day. Republicans want to pick a different nominee to run against Democrat Nick Lampson this fall, and complain that the Democrats are trying to control the Republican nominee by forcing Republicans to list DeLay. If DeLay were to simply withdraw from the election rather than be declared ineligible, however, the Republicans would not be able to name a replacement candidate.

The Fifth Circuit affirmed a decision [opinion, PDF; JURIST report] by US District Court Judge Sam Sparks to keep DeLay's name on the ballot. DeLay resigned from Congress [JURIST report] earlier this year after winning a March primary for his congressional seat. He is awaiting a Texas trial on money laundering and conspiracy charges [JURIST report] for allegedly using corporate money to fund legislative campaigns. AP has more.






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Senate passes sweeping pension plan legislation
Jaime Jansen on August 4, 2006 8:07 AM ET

[JURIST] The US Senate passed the Pension Protection Act of 2006 [HR 4 materials] by a margin of 93-5 [roll call] Thursday, a key bill its supporters say will preserve the workability of traditional employer-employee pension benefits packages while at the same time opening new savings options and reducing the likelihood of government bailouts. Forty-four million workers and retirees will be affected by the new legislation, which was designed to ensure that promised pensions will still be available when workers retire. The measure, which passed the House of Representatives last week [JURIST report], drew opposition from lawmakers who said it gives companies too much leeway to terminate plans and authorizes overbroad exceptions for the airline industry. In particular, it allows airlines in bankruptcy court that have frozen their pension plans to claim they are financially sound despite large liabilities, giving them an additional ten years beyond the seven years allotted to most companies to fully fund their pensions. President Bush is expected to sign the bill when it arrives on his desk.

Also on Thursday, the Senate fell short of advancing [roll call vote] an estate tax cut provision added to a package of middle-class tax breaks and minimum wage hikes. AP has more. Reuters has additional coverage.






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Canada police arrest 18th suspect in Toronto terror plot
Jaime Jansen on August 4, 2006 7:32 AM ET

[JURIST] Canadian authorities arrested a new suspect [press release] Thursday in connection with alleged planned terrorist attacks in Ontario [JURIST report]. The arrest of Ibrahim Alkhalel Mohammed Aboud is the first since authorities arrested 17 in connection with the terror plan [JURIST report] in June. Aboud, like the other 17 suspects, is charged under the terrorism provisions of Section 83 [text] of the Canadian Criminal Code.

Authorities suspect Aboud and the 17 other men of being members of a terrorist cell that planned to attack targets in southern Ontario and Toronto, including the CN Tower and the Peace Tower on Parliament Hill in Ottawa. Also on Thursday, an Ontario judge denied bail for one of the men arrested in June, but a court-imposed publication ban [JURIST report] on all bail hearing proceedings prevents the release of the reasons for denying bail. The judge has now granted bail to three suspects and denied bail for five. CBC News has more. The Toronto Star has additional coverage.
ALSO ON JURIST

 Topic: Canada | Op-ed: Canadian Anti-Terror Law on Trial: The Toronto Terrorism Arrests






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FEC commissioner proposes rule easing restrictions on political ads
Tom Henry on August 4, 2006 7:22 AM ET

[JURIST] The Federal Election Commission [official website] on Thursday released a proposed rule [FEC materials] that would exempt certain "grassroots lobbying" communications from advertising restrictions imposed by the 2002 Bipartisan Campaign Reform Act (BCRA) [FEC materials]. BCRA prohibits interest groups funded by corporations or unions from airing television or radio advertisements two months before general elections or one month before primaries if the communications mentions a candidate in a federal election by name or is targeted toward a candidate's district. FEC Commissioner Hans von Spakovsky proposed the measure [statement, PDF] that would exempt grassroots lobbying communications during the time period if the ad is directed at an incumbent in his capacity as officeholder, not as a candidate; relates to a public policy issue being considered by Congress or the Executive branch; and urges the candidate to take a position or the public to contact the candidate on the issue.

Among the groups pushing for the changes are the AFL-CIO [advocacy website], the Alliance for Justice [advocacy website], the Chamber of Commerce of the United States, the National Education Association [advocacy website] and others. The FEC will consider the proposed rule on August 29 and a vote on the matter could occur the same day. Campaign finance watchdog Democracy 21 [advocacy website] has already said they will consider challenging the rule in court should it be approved by the FEC. AP has more.






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