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Legal news from Saturday, December 16, 2006




Chief investigative judge on Saddam court replaced
Bernard Hibbitts on December 16, 2006 8:27 PM ET

[JURIST] Raed Juhi [WP profile], the Iraqi judge who presided over the investigative stage of the legal proceedings against ousted Iraqi president Saddam Hussein [JURIST news archive], said Saturday he was stepping down from that position after the other judges of the Iraqi High Tribunal [official website] chose another judge of that court to succeed him. The position of chief investigative judge is subject to annual election. Juhi gave no reason for his replacement, and for security reasons did not name his successor. He indicated that he would nonetheless continue as spokesman for the tribunal and would stay on as a judge. Juhi has been the focus of controversy in the past; he was the first judge to be publicly identified in the Saddam trial, and in 2005 he was one of a number of tribunal officials unsuccessfully targeted for purging [JURIST report] by Deputy Prime Minister Ahmad Chalabi's de-Baathification commission.

The death sentence imposed on Hussein in the Dujail crimes against humanity trial is currently under appeal; Iraqi Prime Minister Nouri al-Maliki said Saturday that he hoped the appeal panel's ruling would be handed down in a few days and that Hussein would be executed next month [AP report]. AP has more.






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Russia police arrest Moscow demonstrators protesting Putin rights record
Joshua Pantesco on December 16, 2006 3:47 PM ET

[JURIST] Russian police Saturday arrested several dozen activists among some 3000 protesting [UCF report, in Russian] in Moscow against President Vladimir Putin's alleged infringements of rights and constitutional freedoms in the country. Authorities said the demonstrators disobeyed police orders to cease yelling and waving signs as they exited a central Moscow square. The demonstrators belonged to a diverse coalition of parties critical of Putin, including the liberal United Civil Front [party website, in Russian], led by former chess great Garry Kasparov [official website, in Russian], but most of those detained were associated with the National Bolshevik Party [Wikipedia profile], a right-wing group which was ordered to disband by Russian authorities until the Russian Supreme Court overturned the ban [Moscow Times report] in 2005. The protestors were outnumbered by security forces by almost 3 to 1. RIA Novosti has more.

Several of Putin's recent measures to control internal dissent and weaken watchdog NGOs have drawn widespread international and domestic criticism. In a speech in April, US Vice President Dick Cheney publicly lambasted the Kremlin [JURIST report] over its recent human rights record, saying "In many areas of civil society -- from religion and the news media, to advocacy groups and political parties -- the government has unfairly and improperly restricted the rights of her people." In July, Russian human rights groups and independent media organizations spoke out against a vague new anti-extremism law [JURIST report] that criminalized incitement to racial hatred, publicly defending terrorism, "humiliating national merit,” ”public slander of state officials” and “hampering the lawful activity of state organs.” Earlier this month, Putin signed a bill [JURIST report] eliminating a rule requiring at least 50 percent of voters to turn out in order for poll results to be validated. Critics have argued that the minimum turnout rule is an important means of political protest because people can express discontent with the system by not voting.






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Nepal government and Maoists sign interim constitution deal
Joshua Pantesco on December 16, 2006 2:33 PM ET

[JURIST] Nepal government negotiators and Maoist rebels Saturday reached a somewhat-delayed agreement on the terms of an interim constitution [eKantipur highlights; JURIST news archive] for the country. The interim constitution is notably silent on whether King Gyanendra [official profile] will retain head of state duties; all executive power is vested in the Prime Minister. The issue of the monarchy will not be settled until a new representative body is elected and drafts a permanent constitution. The 168 articles of the interim constitution will replace the current constitution [text] as soon as the arms management process outlined in the peace plan [JURIST report] between the ruling coalition and the Maoist rebels is finished.

The interim constitution additionally provides that all judges must renew their oath of office; all national symbols will be retained; and despite Maoist insistence on fundamental constitutional guarantees for health, education, and employment, those rights will be enforced through other federal legislation and not through the constitution itself. Kanunisanuchar.com has local coverage. AP has more.






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Japan parliament passes bills promoting patriotism, defense ministry
Joshua Pantesco on December 16, 2006 1:03 PM ET

[JURIST] Japan's upper house of Parliament on Friday passed two bills lauded by proponents as bolstering national confidence, one elevating the Defense Agency [official website] to its pre-World War II status as a full ministry, and the other mandating that Japanese classrooms "cultivate an attitude that respects tradition and culture, that loves the nation and home country." The education bill withstood a no-confidence vote brought by opposition leaders against the cabinet of new conservative Japanese Prime Minister Shinzo Abe [official website; BBC profile], accused of planting officials as audience members at town hall meetings on the patriotism reforms. The Washington Post has more. The Japan Times has local coverage, in English.

Abe, who assumed office in September, ran on a campaign platform [IHG report] promoting amendment of Japan's pacifist constitution [text], which forbids "the threat or use of force as means of settling international disputes" - a restriction imposed by the victorious US after 1945 which Japan [JURIST news archive] fears could hinder its ability to respond to a crisis [JURIST report] involving, for example, North Korea [JURIST news archive].






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Libby prosecutor not anticipating privilege claims by government witnesses
Melissa Bancroft on December 16, 2006 10:52 AM ET

[JURIST] Special Prosecutor Patrick Fitzgerald [official website] indicated Friday in court papers that he was "not aware" that any government witnesses in the trial of I. Lewis "Scooter" Libby [defense website; JURIST news archive] intended to invoke executive privilege to avoid testifying, "and the government does not otherwise anticipate any of its witnesses moving to quash or limit trial subpoenas." Vice President Dick Cheney, for whom Libby worked as chief of staff, is expected to be called to the stand but it remains unclear whether he will actually testify.

If Cheney does testify, he will be the first sitting vice president to testify in a criminal case. Libby is charged [indictment, PDF; JURIST report] with obstruction of justice and perjury in connection with the investigation into the leak of the identity of former CIA operative Valerie Plame [JURIST news archive]. NBC News has more.






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