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Legal news from Sunday, October 1, 2006




Bangladesh stays execution of 7 militants convicted of judges' deaths
Natalie Hrubos on October 1, 2006 4:16 PM ET

[JURIST] Bangladesh's Supreme Court [official website] has stayed the execution of seven Islamic militants sentenced to death for killing two judges [JURIST reports] in a car bomb attack last year after two of them appealed for clemency Friday. The militants, who have demanded the implementation of Islamic Sharia law [CFR backgrounder] in Bangladesh [JURIST news archive], killed at least 30 people, including judges, lawyers and journalists, between August and December 2005.

The two who appealed for clemency will petition the court on Oct. 15; the executions will be delayed until a settlement is reached. Reuters has more.

6:43 AM ET 10/02/06 - Reuters has now corrected the number of militants whose convictions have been stayed, reporting it as four, not seven.






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EU, US fail to meet deadline for new air passenger data-sharing deal
Natalie Hrubos on October 1, 2006 3:14 PM ET

[JURIST] European airlines that transmit passenger data to the United States could face legal action or fines after EU and US officials failed to reach agreement [JURIST report] by Saturday's court-imposed deadline on how to share passenger information [Reuters report] without violating EU privacy laws. Since the September 11, 2001 terrorist attacks, the US has required airlines landing in the country to supply the name, address, telephone number and credit card details of every passenger. In May, however, the European Court of Justice [official website] struck down the agreement as illegal [JURIST report] under EU law, forcing the US and the EU to begin negotiating a new deal [JURIST reports].

Airlines that do not supply the required data within 15 minutes of takeoff could lose US landing rights and face fines of $6,000 per passenger. While the EU court ruling has aggravated US officials striving to heighten border security, those who support it say the passenger name record agreement [BBC Q&A; DHS press release] threatened to make EU citizens' data subject to uses other than basic terror security checks [JURIST report; European Parliament press release]. Negotiations are expected to continue, but it is as yet unclear how failing to meet the deadline will affect trans-Atlantic air travel. AP has more.






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Serbia parliament votes for new constitution highlighting Kosovo claim
Natalie Hrubos on October 1, 2006 1:59 PM ET

[JURIST] The Serbian parliament approved a new draft constitution [press release; text in Serbian, DOC] for the country Saturday declaring Kosovo [JURIST news archive] part of Serbia. The parliament's unanimous support for the draft, which still needs to be approved by a majority of voters, reflects the country's opposition to independence [Foreign Affairs report] for the province. The preamble to the new charter reads:

Starting from the fact that Kosovo-Metohija is a constituent part of Serbia’s territory and that it has essential autonomy within the sovereign Serbian state, that all state organs are bound by the Constitution to represent and protect Serbia’s state interests in Kosovo-Metohija in all interior and foreign political relations, the citizens of Serbia hereby pass the Constitution of the Republic of Serbia
Serbian authority over Kosovo has been controversial [JURIST report] since 1999, when a NATO [official website] bombing campaign drove Serbian forces out of Kosovo [BBC timeline] after reports of mass "ethnic cleansing" that displaced some 1.5 million ethic Albanians [US State Dept. report] at the alleged direction of then-Serbian president Slobodan Milosevic. Though the United Nations has administered Kosovo [UNMIK website] since that time, the province was never formally severed from Serbia and Serbian officials continue to claim that the region is an "integral and historic" [JURIST report] part of the Serbian state. The majority Albanian community now firmly re-entrenched there has called for independence. A national vote on the new constitution is scheduled for Oct. 28 to 29. AP has more. Reuters has additional coverage, and from Belgrade, B92 has local coverage.





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Thailand king approves interim constitution, absolves coup leaders
Bernard Hibbitts on October 1, 2006 10:30 AM ET

[JURIST] King Bhumibol Adulyadej of Thailand [JURIST news archive] Sunday approved a new 39-article constitution for the country drawn up by the military leaders who seized power from Prime Minister Thaksin Shinawatra [JURIST news archive] in a September 19 coup [JURIST report]. The new charter provides for a civilian government but, as anticipated [JURIST report], preserves the military's say in policy through a Council for National Security [Bangkok Post backgrounder] which, among other things, has the power to dismiss the administration. It purports to guarantee fundamental human rights and establishes an assembly of 2000 eminent Thais to draw up a new permanent constitution for the country. Article 37 of the interim document provides an explicit amnesty for the coup leaders for overthrowing the regime established under the previous constitution [text], which was said to contain "loopholes" facilitating corruption.

Shortly after the new constitution was announced, retired general Surayud Chulanont [BBC profile; official website] was named as the new prime minister. Military officials have suggested it will take about nine months to draw up the long-term constitution, with a national referendum and elections to follow. AP has more. Asian Tribune has additional coverage and the Thai News Agency has local coverage in English.






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Thailand king approves interim constitution, absolves coup leaders
Bernard Hibbitts on October 1, 2006 10:30 AM ET

[JURIST] King Bhumibol Adulyadej of Thailand [JURIST news archive] Sunday approved a new 39-article constitution for the country drawn up by the military leaders who seized power from Prime Minister Thaksin Shinawatra [JURIST news archive] in a September 19 coup [JURIST report]. The new charter provides for a civilian government but, as anticipated [JURIST report], preserves the military's say in policy through a Council for National Security [Bangkok Post backgrounder] which, among other things, has the power to dismiss the administration. It purports to guarantee fundamental human rights and establishes an assembly of 2000 eminent Thais to draw up a new permanent constitution for the country. Article 37 of the interim document provides an explicit amnesty for the coup leaders for overthrowing the regime established under the previous constitution [text], which was said to contain "loopholes" facilitating corruption.

Shortly after the new constitution was announced, retired general Surayud Chulanont [BBC profile; official website] was named as the new prime minister. Military officials have suggested it will take about nine months to draw up the long-term constitution, with a national referendum and elections to follow. AP has more. Asian Tribune has additional coverage and the Thai News Agency has local coverage in English.






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Thailand king approves interim constitution, absolves coup leaders
Bernard Hibbitts on October 1, 2006 10:30 AM ET

[JURIST] top storyKing Bhumibol Adulyadej of Thailand [JURIST news archive] Sunday approved a new 39-article constitution for the country drawn up by the military leaders who seized power from Prime Minister Thaksin Shinawatra [JURIST news archive] in a September 19 coup [JURIST report]. The new charter provides for a civilian government but, as anticipated [JURIST report], preserves the military's say in policy through a Council for National Security [Bangkok Post backgrounder] which, among other things, has the power to dismiss the administration. It purports to guarantee fundamental human rights and establishes an assembly of 2000 eminent Thais to draw up a new permanent constitution for the country. Article 37 of the interim document provides an explicit amnesty for the coup leaders for overthrowing the regime established under the previous constitution [text], which was said to contain "loopholes" facilitating corruption.

Shortly after the new constitution was announced, retired general Surayud Chulanont [BBC profile; official website] was named as the new prime minister. Military officials have suggested it will take about nine months to draw up the long-term constitution, with a national referendum and elections to follow. AP has more. Asian Tribune has additional coverage and the Thai News Agency has local coverage in English.






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Iran slams new US sanctions law
Bernard Hibbitts on October 1, 2006 9:48 AM ET

[JURIST] Iran Sunday condemned a bill signed into law [White House press release] by President Bush Saturday authorizing US sanctions against foreign governments that provide support for Iran's nuclear program or contribute towards the country's armament. The Iran Freedom Support Act [text, PDF], HR 6198, specifically sets out the policy of the United States "not to bring into force an agreement for cooperation with the government of any country that is assisting the nuclear program of Iran or transferring advanced conventional weapons or missiles". The measure appears to be aimed at states like Russia and China that have provided Iran with technology and arms and have resisted calls for international sanctions against Tehran in connection with its nuclear program, which Washington claims is directed at the development of nuclear weapons. In a message to Congress [text] Saturday, President Bush said:

My Administration is working on many fronts to address the challenges posed by the Iranian regime's pursuit of weapons of mass destruction, support for terrorism, efforts to destabilize the Middle East, and repression of the fundamental human rights of the citizens of Iran. We are engaged in intense diplomacy alongside our allies, and have also undertaken financial measures to counter the actions of the Iranian regime.

I applaud Congress for demonstrating its bipartisan commitment to confronting the Iranian regime's repressive and destabilizing activities by passing the Iran Freedom Support Act. This legislation will codify U.S. sanctions on Iran while providing my Administration with flexibility to tailor those sanctions in appropriate circumstances and impose sanctions upon entities that aid the Iranian regime's development of nuclear weapons.
The sanctions policy under the Act is set to remain in effect until Iran suspends nuclear enrichment, agrees to refrain from new nuclear developments and complies with international verification procedures. The new law also provides US support for pro-democracy broadcasts into Iran, although it explicitly does not authorize the use of military force against the country. Iran parliament (Majlis) Speaker Gholam Ali Haddad Adel was quoted in press reports as saying that the measure would hurt the United States more than Iran, and that Iran was used to dealing with sanctions. The US has applied sanctions against the country since 1979, when radical students seized the American embassy in Tehran and held its staff hostage for 444 days [Wikipedia backgrounder]. AP has more. Xinhua has additional coverage.

12:44 PM ET - Iran's Islamic Republic News Agency has since reported a Majlis [official website] statement condemning the sanctions as inteference with Iran's domestic affairs and inconsistent with US commitments under Articles 1 and 10 of the Algiers Accord [PDF] that ended the hostage crisis as well as contrary to Articles 7 and 2 of the United Nations Charter (1945).





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