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Legal news from Thursday, September 14, 2006




Missouri judge rules voter ID law unconstitutional
Natalie Hrubos on September 14, 2006 8:56 PM ET

[JURIST] A Missouri judge ruled Thursday that a state law [SB 1014 text, PDF; summary] requiring voters to show a Missouri-issued photo identification at the polls [Missouri Dept. of Revenue backgrounder] violates the state constitution [text] because it is "an impermissible additional qualification to vote." Those who support the law say it would prevent voter fraud; opponents [JURIST report] say it would place an unnecessary burden on voters, effectively keeping them from the polls [JURIST report] by requiring them to prove they are in the country legally by showing a birth certificate or a passport. Although the ID cards [JURIST news archive] themselves are free, voters would have to pay for the documents required to obtain the cards.

Ruling on two consolidated challenges to the legislation, Cole County Circuit Judge Richard Callahan wrote that the law would impose a great and perhaps even insurmountable burden on the elderly, the poor, the under-educated, or the otherwise disadvantaged who were least able to bear the costs and the bureaucratic burden of obtaining the IDs. Callahan also indicated that the law could present a special obstacle for married women who have changed their last names, as well as for Missouri residents born in other states. Similar voter ID bills have recently been blocked in Georgia and Pennsylvania [JURIST reports], while a state court in June upheld Arizona's voter ID requirement [JURIST report]. AP has more. The St. Louis Post-Dispatch has local coverage.






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Rwanda alleges UN tribunal employing genocide suspects
Natalie Hrubos on September 14, 2006 7:55 PM ET

[JURIST] The Rwandan government [official website] Thursday threatened to stop working with the UN-sponsored International Criminal Tribunal for Rwanda (ICTR) [official website; JURIST news archive] because it believes the ICTR employs genocide suspects. Rwanda pointed to the ICTR's pressure on Tanzania to free [ICTR press releases] Callixte Gakwaya, a lawyer accused of participating in the 1994 Rwandan genocide [HRW backgrounder], as evidence of the tribunal's alleged corruption.

This is not the first time Rwanda [JURIST news archive] has voiced its dissatisfaction [JURIST report] with the ICTR, which was established by the UN in 1997 to investigate the genocide that left 800,000 dead. Rwandan President Paul Kagame [BBC profile] in June criticized the tribunal as inefficient [JURIST report], noting it has convicted fewer than 40 people since its inception. Reuters has more.






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US Senate approves bill to increase port security
Natalie Hrubos on September 14, 2006 6:52 PM ET

[JURIST] The US Senate [official website] unanimously approved a port security bill [HR 4954 text] Thursday that would require the government to install radiation-detection devices at US ports and to test the feasibility of scanning US-bound cargo overseas. Senators nonetheless voted 61-37 [roll call] against setting a four-year deadline for all US-bound cargo to be scanned for nuclear weapons at foreign ports. While Democrats supported the deadline, many Republicans said the proposal would hurt the shipping industry.

Port security has been a critical issue in Congress [JURIST report] since an Arab state-owned company, Dubai Ports World [corporate website], purchased control of several major US port operations. After much controversy [JURIST news archive], the company decided to transfer control of the ports to a US entity [JURIST report] to avoid further political controversy. The bill passed Thursday, which also authorized $3.5 billion for port security initiatives, must be reconciled with a similar version passed by the House in May. Reuters has more.






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New York court delays compensation trial of former NYSE chairman Grasso
Katerina Ossenova on September 14, 2006 3:23 PM ET

[JURIST] A New York appeals court Thursday granted the request of former New York Stock Exchange [corporate website] chairman Richard Grasso [Wikipedia profile] to delay the trial in a civil lawsuit filed by the state over the $187.5 million compensation package he received in 2003. The trial was set to begin October 16, but Grasso requested a delay in order to allow time for rulings on two pretrial appeals, both based on decisions by New York Supreme Court Justice Charles Ramos [official profile]. Grasso is appealing Ramos' refusal to throw out four of the six claims against him and his decision to hold a non-jury trial.

The lawsuit [JURIST report] was brought by New York Attorney General Eliot Spitzer [official profile] amidst allegations [JURIST report] that Grasso had too much control in setting his multi-million dollar compensation package and took advantage of personal connections with the NYSE board of directors. Bloomberg has more.






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Two Kuwaiti detainees transferred from Guantanamo Bay
Holly Manges Jones on September 14, 2006 2:34 PM ET

[JURIST] US officials Thursday released two Kuwaiti men [press release] who had been held for four years at the US prison camp in Guantanamo Bay [JURIST news archive], Cuba, after the military announced their intended transfer [JURIST report] over the weekend. It is currently unclear whether Omar Rajab Amin and Abdullah Kamel al-Kandari [Project Kuwaiti Freedom profiles] will face charges or further detention in Kuwait, or whether they will be freed upon their arrival in the country.

The Kuwaiti Family Committee [advocacy website], which advocates for the release of Kuwaitis being held at Guantanamo, said families and relatives of the men and other prisoners planned to meet them at the airport. The US military has confirmed that 130 of the prisoners still at the prison base are eligible for release or transfer, but logistics with their home countries need to be settled before their releases are scheduled. AP has more.






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White House frustrated with 'political' block of Bolton confirmation vote
Holly Manges Jones on September 14, 2006 2:13 PM ET

[JURIST] The Bush administration said Thursday that the US Senate was "trying to play politics" by putting off a vote on the status of John Bolton [official profile] as US ambassador to the United Nations [official website]. Senator Lincoln Chafee (R-RI) [official website] moved to table a committee vote [JURIST report] on Bolton last week and the White House says it has been trying to address his concerns. Chafee is the deciding vote on the Senate Foreign Relations Committee [official website] and observers expect he will continue to oppose the Bolton nomination in an effort to distance himself from President Bush in the run-up to the November elections.

Bolton was made the US UN ambassador last year by recess appointment [JURIST report] after the Democrats blocked a floor vote on his nomination. White House spokesman Tony Snow said Thursday that the current delay is not about Bolton's performance as ambassador but rather due to "old political grievances." Reuters has more.






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India court hands down fifth guilty verdict in 1993 Mumbai bombing trial
Jaime Jansen on September 14, 2006 11:12 AM ET

[JURIST] An Indian court in Mumbai convicted a fifth man Thursday in connection with the 1993 Mumbai bombings [BBC backgrounder], a series of attacks which killed 257 people and injured over 700 others in India's financial center. The court found that Mohammed Ghanser planted explosives near the Zaveri Bazaar market which caused a blast that killed 17 people, opening Ghanser up to the possibility of capital punishment. Ghanser is the eighth defendant for which the court has reached a verdict out of 123 defendants charged in connection with the bombings, in a trial that has lasted over a decade. The court on Tuesday convicted four men [JURIST report], all members of the Memon family, of conspiracy and aiding a terrorist act, while also finding three other members of the Memon family not guilty.

The court will likely take several weeks to announce the verdicts of all the defendants, and will wait to sentence those found guilty until after all of the verdicts have been announced. Eleven defendants have died since proceedings began, and 36 suspects, including suspected mastermind Dawood Ibrahim [BBC profile], remain at large. BBC News has more.






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UN report calls for common definition of trade ban principle
Holly Manges Jones on September 14, 2006 11:08 AM ET

[JURIST] A UN report released Thursday urges countries to develop a common understanding of the "precautionary principle," [ISIS backgrounder] a term freely used by nations that do not want to allow certain trade products to enter their borders on health or environmental grounds. The study, conducted by the UN University's Institute of Advanced Studies [official website], found that countries use the term as a justification for banning products due to fear of serious or irreversible harm even in instances when the suspected harm is not certain to occur. The UN report said such environmental or health-related bans could have a detrimental impact on transatlantic trade relations especially in cases when the principle is actually being used as a protectionist measure.

The precautionary principle has been applied to the European Union ban on genetically modified food and hormone-fed beef from the US and the US ban on unpasteurized cheeses from Europe. Earlier this year, the World Trade Organization (WTO) [official website] ruled that the EU and six member states violated trade regulations [JURIST report] by stopping the trade of biotech crops from the US, Canada and Argentina based on alleged safety concerns. The WTO has said an "absolute certainty" of safety issues must be present before trading bans can be implemented. Reuters has more.






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Mexico to destroy presidential ballots after disputed election
Jaime Jansen on September 14, 2006 10:56 AM ET

[JURIST] The paper ballots from Mexico's disputed July 2 presidential election [JURIST news archive] will be destroyed under the order of the Federal Electoral Tribunal [official website, in Spanish], despite objections from President-elect Felipe Calderon [campaign website, in Spanish; BBC profile] who wanted the ballots preserved in an effort to strengthen public confidence in his controversial victory. In a letter to Calderon, the electoral court said it made the decision according to existing law, which mandates that election ballots be destroyed once a candidate has been declared victorious. Though the electoral court declared Calderon the winner [JURIST report] last week, opposition candidate Andres Manuel Lopez Obrador [campaign website, in Spanish; BBC profile] has refused to recognize [JURIST report] Calderon's victory. Lopez Obrador has also said he plans to establish a parallel government [press release, in Spanish] representing what he called a "true, authentic republic."

Lopez Obrador argued before the court that preliminary results [JURIST report] giving Calderon a victory by just 0.6 percent of the vote were marred by fraud [JURIST report], but the court rejected most of Lopez Obrador's challenges [JURIST report] on the grounds that there was no evidence of systematic fraud. BBC News has more.






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Pakistan delays Sharia law changes after rape jurisdiction deal fails
Holly Manges Jones on September 14, 2006 10:40 AM ET

[JURIST] The government of Pakistan [JURIST news archive] has delayed introducing legislation that would change Islamic rape and adultery laws after a deal with Islamist parties over a watered-down version of the 2006 Protection of Women Bill [BBC report] fell through, according to Pakistani officials Thursday. Earlier this month, members of an Islamist alliance threatened to quit the Pakistan parliament [official website] over the original version of the 2006 Protection of Women Bill [BBC report], which would have revised the so-called Hudood Ordinances [Pakistan Government backgrounder] by removing rape from religious rule and moving it to the penal code. Under the anticipated compromise with the Islamist Muttahida Majlis-e-Amal (MMA) [GlobalSecurity backgrounder] opposition group, however, rape would come under the jurisdiction of both legal regimes.

Members of the Muttahida Qaumi Movement (MQM) [party website], allied with the ruling Pakistan Muslim League [party website], have expressed outrage at the government's decision, criticizing conservatives for wanting the country to remain in "medieval times." Human rights and women's groups are highly critical of the current Islamic law on rape, which mandates a rape victim to face prosecution for adultery if she cannot give the names of four male witnesses to the alleged crime and allows a woman to be sentenced to death if she commits adultery. The Pakistani government says it wants additional time to reach a consensus between the opposing parties before the bill is formally introduced into Parliament. Reuters has more; AKI/DAWN has additional coverage.






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US House passes government contracts database bill to address ethics concerns
Holly Manges Jones on September 14, 2006 10:28 AM ET

[JURIST] The US House of Representatives [official website] Wednesday passed the Federal Funding Accountability and Transparency Act of 2006 [S 2590 summary], legislation that provides for the creation of a website to allow the public access to information regarding companies which receive government contracts and grants. The new measure, which was approved by a voice vote, calls for the Internet site to be operational by 2008. The ethics legislation comes after several contract abuse scandals involving Republicans, including one involving former US Rep. Randy "Duke" Cunningham [Wikipedia backgrounder], who pleaded guilty [JURIST report] to receiving $2.4 million in bribes related to US Defense Department [official website] contracts, and Jack Abramoff [JURIST news archive], who pleaded guilty [JURIST report] to fraud charges in connection to his lobbying efforts with Republican leaders.

House Republicans are also attempting to pass another bill this week which would require the sponsors of federally funded local projects to be listed publicly. The practice, called "earmarking" or "pork barrel" spending [Wikipedia backgrounder], has been criticized as being secretive by members of both parties who commonly use it to bring funds home to their constituencies. The US Senate [official website] approved a similar Internet database measure last week, but has not considered any reforms to earmarking. Reuters has more.

6:50 PM ET - The House has now passed the earmarking measure, H Res. 1000 [summary], by a 245-171 vote [roll call]. AP has more.






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Court-martial urged for US Marine accused in Hamdania killing: lawyer
Katerina Ossenova on September 14, 2006 10:22 AM ET

[JURIST] The investigating officer presiding over preliminary hearings for a US Marine accused of kidnapping and murdering an unarmed Iraqi civilian [JURIST report] has recommended that the Marine face court-martial on murder charges, the Marine's lawyer said Wednesday. US Marine Corps [official website] Pfc. John Jodka III is accused of firing the deadly shots in the April 26 death of Hashim Ibrahim Awad [Wikipedia profile], in Hamdania. A commanding general will make the final decision whether to proceed with the court-martial.

Members of the 3rd Battalion, 5th Marine Regiment [official website] allegedly dragged Awad outside of his home, shot him, and then placed an AK-47 rifle and a shovel near his body to make him look like an insurgent burying a roadside bomb. Seven Marines and one Navy corpsman were charged [JURIST report] in June, and in late August, prosecutors announced they would not seek the death penalty [JURIST report] for Jodka. In a connected case, prosecutors said Tuesday that they will not seek the death penalty [JURIST report] against co-defendant Lance Cpl. Jerry E. Shumate Jr. [legal defense fund blog], who is accused of firing at Awad and providing false official statements to investigators. AP has more.






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Australia parliament debates bill limiting federal power to veto territorial laws
Jaime Jansen on September 14, 2006 10:18 AM ET

[JURIST] The Australian Senate [official website] on Thursday debated a proposed bill [PDF text] to remove power from the federal executive to overturn laws passed by the Australian Capital Territory (ACT) [official website] federal district. The new bill was proposed after Australia Governor-General Michael Jeffrey [official website] allowed the federal government to effectively veto [JURIST report] the controversial Civil Unions Bill 2006 [text], which the ACT legislature passed in June. If passed, the proposed legislation will sharply restrict the Governor-General's executive authority to disallow regional legislation, but will not impact the federal Parliament's constitutional authority to override laws of the territories. Under a provision [text] in the ACT Self-Government Act of 1988, the federal government may disallow any ACT enactment within six months. The Australian Senate narrowly voted down a motion to disallow [JURIST report] Jeffrey's move in June.

The federal government's override of the ACT same-sex civil unions law, which would have placed civil unions on equal legal footing with marriage, was only the second time the federal government has used its override power. The government also vetoed a 1997 euthanasia law in the Northern Territory. Though several Australian senators disagreed with Jeffrey's decision to veto the civil unions law, many believe the power to override territory laws is necessary to correct "unacceptable" legislation passed by the territories and have indicated that they will not support the proposed legislation. The Canberra Times has more.






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Iraqi judge says Saddam 'not dictator' as genocide trial continues
Katerina Ossenova on September 14, 2006 9:53 AM ET

[JURIST] Abdullah al-Amiri, the Shiite judge presiding over the second Saddam Hussein trial [JURIST news archive], said in court Thursday that he did not believe Hussein should be called a dictator, just one day after the prosecution requested that al-Amiri remove himself [JURIST report] from the case for reasons of bias. In an exchange with Hussein during the questioning of a Kurdish witness who claimed his family disappeared in the so-called "Anfal" campaign [HRW backgrounder], al-Amiri told Hussein "You were not a dictator. People around you made you (look like) a dictator." Al-Amiri rejected the chief prosecutor's Wednesday request that al-Amiri be removed for allowing defense lawyers to make politically-charged statements in court, saying that he had a long tenure as a judge.

Al-Amiri was named trial judge [JURIST report] in August of the second Hussein trial [BBC timeline], this one involving the "Anfal" operation that killed 180,000 Kurds in northern Iraq in the 1980s. Hussein and his co-defendants are all charged with crimes against humanity [JURIST report] and Hussein and his cousin Ali Hassan al-Majid [BBC profile], known as "Chemical Ali," also face more serious charges of genocide. Hussein also is currently awaiting a verdict in the Dujail crimes against humanity case [JURIST report] for which he is eligible for the death penalty [JURIST report]. AP has more.






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Rights group decries treatment of asylum seekers in Libya, Italy
Katerina Ossenova on September 14, 2006 9:10 AM ET

[JURIST] Migrants, asylum seekers and refugees face deportation and human rights abuses in Libya, Human Rights Watch (HRW) [advocacy website] said in a new report [text; press release] released Wednesday. The monitoring group found that Libya has repatriated 145,000 foreigners between 2003 and 2005, despite the possibility that they will face persecution or torture in their home countries. Migrants, mostly from sub-Saharan Africa, flee to Libya in order to escape from persecution or war only to face abuse "in detention, including beatings, overcrowding, substandard conditions, lack of access to a lawyer, and limited information about pending deportations." Due to the over one million foreigners who are in Libya without proper documentation, officials claim the arrests are necessary for public order. To date, Libya has refused to introduce an asylum law or procedure.

HRW said that many of these foreigners make their way to Italy but the nation, along with the European Union [official website], has cooperated with Libya [JURIST news archive] without consideration of the "rights of migrants or the need to protect refugees and others at risk of abuse on return to their home countries." Italy [JURIST news archive] expelled more than 2,800 foreigners in 2004 and 2005 back to Libya, without offering them the opportunity to file asylum claims. HRW did note that the new Italian government has vowed to not expel individuals to countries that have not signed the Refugee Convention [UNHCR materials], which includes Libya. BBC News has more.






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Indonesia court sentences fourth Bali bomber to 18 years for role in 2005 attacks
Holly Manges Jones on September 14, 2006 8:13 AM ET

[JURIST] A court in Indonesia [JURIST news archive] Thursday convicted a fourth man of being involved in the October 2005 bombings [BBC report] of three restaurants in Bali which killed 26 civilians and injured over 100 people. The Denpasar district court sentenced Anif Solchanudin to 15 years in prison for his role in helping to plan the attacks. The former cell phone salesman admitted during the trial that he had been interested in becoming a suicide bomber, but denied that he had any information regarding the bombings before they occurred.

Earlier this month, the same court sentenced Islamic militants Dwi Widiarto [JURIST report] to 18 years in prison and Abdul Aziz [JURIST report] to eight years for their involvement in the bombings. Another militant, Mohammad Cholily, was sentenced to 18 years for supplying equipment for the attacks. The four men charged in the bombings were eligible for the death penalty, but prosecutors sought prison sentences [JURIST report] instead. BBC News has more; VOA News has additional coverage.






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Dutch minister defends Sharia law comments
Holly Manges Jones on September 14, 2006 7:50 AM ET

[JURIST] Netherlands Minister of Justice Piet Hein Donner [official profile] Wednesday defended controversial comments he made during an interview suggesting that if a large majority of the Dutch people wanted to be ruled by Islamic law, then that couldn't be legally prevented. The comments drew intense criticism from opposition politicians [Expatica report] who have opposed the potential implementation of what some have labeled "barbarous Sharia law" in Dutch urban districts dominated by Muslims. The Christian Democrat [party website, in Dutch] minister explained that he was not advocating the rule of Sharia law [JURIST news archive], but rather warning against it.

Donner noted that portions of Islamic law conflict with the Dutch constitution [text], but claimed it would be a "scandal" if two-thirds of the Dutch population called for a change and it was denied. He said that Muslims should be granted the same rights to choose their own religious rules for themselves as Catholics and Protestants in the country. UPI has more.






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Hezbollah targeted attacks on civilians violated international law: Amnesty
Holly Manges Jones on September 14, 2006 7:17 AM ET

[JURIST] Amnesty International [advocacy website] Thursday released a report [text] accusing Hezbollah of violating international law by deliberately and indiscriminately killing Israeli civilians through its firing of rockets into Israel during the 34-day Middle East conflict [JURIST news archive]. The rights group said Hezbollah militants committed war crimes when they failed to distinguish between civilian and military areas when launching thousands of rockets filled with metal ball bearings to increase their potential harmful impact. Hezbollah denies that it aimed for civilians, but almost 4,000 rockets were shot into Israel resulting in the deaths of approximately 40 civilians.

Amnesty has urged an investigation by the United Nations [official website] into alleged war crimes by both Israel and Hezbollah. Earlier this month, the UN sent a delegation [JURIST report] of four rights experts to investigate possible abuses during the 34-day conflict. Amnesty had previously accused Israel of deliberately inflicting unnecessary damage [Amnesty report; JURIST report] on Lebanese civilian infrastructure. The rights group also plans to investigate whether Hezbollah intentionally lived among Israeli citizens to maximize their attacks on civilians. AP has more.

4:53 PM ET - Hezbollah rejected Amnesty's claims of war crimes Thursday, saying that although rocket attacks targeted civilians, Hezbollah's attacks were in direct response to Israeli actions and did not violate international law. AP has more.






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