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Legal news from Friday, January 19, 2007 |
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Moscow gay pride parade organizers may file ECHR lawsuit over ban
Gabriel Haboubi on January 19, 2007 4:33 PM ET

[JURIST] The organizers of a Moscow Gay Pride parade that was denied a permit [JURIST report] in May by Moscow's mayor, and then when held anyway in protest was marred by anti-gay violence, are considering filing a lawsuit against the Moscow city government [official website, in Russian] in the European Court of Human Rights [official website]. Before any move to the international court, however, the organizers plan to file with the Russian Supreme Court [officail website], hoping that a move away from Moscow city courts, which have repeatedly upheld bans on the parade, would remove any bias in favor of Mayor Yuri Luzhkov [MosNews profile], who has vowed to never allow the parades as long as he is in power.
Although a Moscow city court had upheld the ban [JURIST report] on the parade beforehand, the parade was held as scheduled, but ended in violence when approximately 100 religious and nationalist extremists began to attack [Washington Post report] the gay rights activists. Additionally, approximately 200 gay rights supporters were arrested for defying the ban. Another Moscow court ruled in August that bans on such parades are legal [JURIST report], citing safety concerns. MosNews has more. Gay.com has additional coverage. GayRussia.ru has local advocacy coverage.


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Egypt blogger faces prison on charges of insulting Islam online
Gabriel Haboubi on January 19, 2007 2:16 PM ET

[JURIST] The trial of 22-year-old Egyptian blogger Abdel Kareem Nabil [advocacy website], who has been in detention since November on charges of insulting Islam and causing sectarian strife in his blog [website, in Arabic], has begun in the Mediterranean city of Alexandria. Nabils writings are often critical of Islamic authorities and Egyptian president Hosni Mubarak [official profile], who he has described as a dictator. The charges read at the beginning of the trial on Thursday include inciting sedition, insulting Islam, harming national unity and insulting the president. If convicted, Nabil faces up to 9 years in prison.
While blogging has become common in Egypt over the past few years, Nabils supporters say that government repression and censorship has only become prevalent recently, as the US has begun to back away from political pressure for reforms. The first arrests of bloggers occurred in 2005, however all previous detentions have resulted in the bloggers being released without charges. Reporters Without Borders [advocacy website] has named Egypt an Internet enemy [report]. AP has more.


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Jury deadlock in California Vioxx case leads to mistrial
Gabriel Haboubi on January 19, 2007 10:45 AM ET

[JURIST] A jury in California could not reach a decision on the third of a series of questions on a verdict form in the consolidated cases of two men who blamed their heart attacks on the painkiller Vioxx [JURIST news archive], leading Judge Victoria Chaney [FindLaw profile] of the Superior Court of California for Los Angeles County [official website] to declare a mistrial Thursday. The jury could not determine whether the plaintiffs' physicians would have recognized possible risks and side-effects of the drug. The lawsuits, brought by Arizona resident Lawrence Appell of Arizona and California resident Rudolph Arrigale, claimed that Vioxx was a significant cause of the men's heart problems.
Vioxx manufacturer Merck Pharmaceuticals [corporate website], which withdrew the drug from the market [Merck announcement] in 2004 after research showed it doubled the risk of heart attacks and strokes, claimed that the men's heart problems were caused by pre-existing coronary heart disease, and not the drug. After the mistrial was declared, Merck announced that the plaintiffs did not prove their cases [press release], and that they were ready to defend against the allegations if they were brought fourth again. As of the end of last November, Merck faced 27,200 lawsuits over Vioxx and another 265 potential state-based class-action lawsuits. A federal judge rejected national class-action lawsuits in federal court [JURIST report] early in November. AP has more.


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Venezuela lawmakers allowing Chavez to rule by decree for 18 months
Kate Heneroty on January 19, 2007 8:28 AM ET

[JURIST] The Venezuelan National Assembly [official website, in Spanish] gave preliminary approval Thursday to a measure that would allow Venezuelan President Hugo Chavez [official website, in Spanish; BBC profile] to rule by decree for 18 months. The initial vote was unanimous and the measure is expected to pass easily next week when it comes up again in the Chavez-dominated legislature.
Since winning his third re-election late last year, Chavez has called for "revolutionary laws" to transform Venezuela [JURIST news archive] into a socialist state. He has announced plans to nationalize important sectors of the economy, including mining, telecommunications, natural gas and electricity. Chavez hopes to re-write the constitution [text] to abolish presidential term limits, allowing him to run for a fourth term in 2012. Another measure would eliminate the autonomy of the Central Bank [official website, in Spanish] authority and end foreign ownership of Venezuela's crude oil refineries, a major source of oil for the United States. AP has more.


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Rwanda set to abolish death penalty: justice minister
Kate Heneroty on January 19, 2007 7:57 AM ET

[JURIST] The Rwandan cabinet has agreed to abolish capital punishment, the country's justice minister said Friday, clearing the way for the extradition of defendants facing trial for the 1994 Rwandan genocide [BBC report], during which over 800,000 people were killed. The ban must still be approved by parliament, but since the Rwandan Patriotic Front (RPF) [Wikipedia backgrounder], the party of Rwandan President Paul Kagame [official website; BBC profile], controls both houses, the measure is expected to pass easily [JURIST report]. Rwandan Justice Minister Tharcisse Karugarama said Friday that the majority of Rwandans support scrapping the death penalty. If the ban is passed, the sentences of some 600 inmates already on death row would be commuted.
The International Criminal Tribunal for Rwanda (ICTR) [official website; JURIST news archive] and many Western countries have refused to extradite genocide suspects to Rwanda because of the country's use of the death penalty [JURIST news archive]. ICTR spokesman Everard O'Donnell said Thursday that the tribunal would extradite 17 genocide suspects to Rwanda [JURIST news archive] if the measure was approved. AFP has more.


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Second US soldier pleading guilty in Mahmudiya rape-murder case
Gabriel Haboubi on January 19, 2007 6:16 AM ET

[JURIST] A second US soldier has reached a plea deal with prosecutors, and is expected to plead guilty to charges stemming from the rape and murder of a 14-year-old Iraqi girl [JURIST news archive] and the murder of her family in the Mahmudiya (also "Mahmoudiya") area last March, his attorney announced Thursday. According to William Cassara, Sgt. Paul E. Cortez will plead guilty to rape and premeditated murder at a hearing at Fort Campbell next month. Cassara said Cortez will accept responsibility for what happened, claiming that he knew what was going to happen in the attack, and participated as an observer.
As a result of the plea deal, Cortez will no longer face the death penalty. While other details of the deal are as yet unknown, the US soldier who already reached a deal with prosecutors [JURIST report], Army Spc. James P. Barker, was sentenced to 90 years in prison [JURIST report], an effective life sentence, but with the possibility of parole. Barker himself agreed to testify against the other soldiers implicated [JURIST report] in the attack. Former US soldier Pfc. Steven D. Green [JURIST news archive], discharged from the military because of a personality disorder before the allegations arose, is said to have been the key player in the rape and murders, and has pleaded not guilty [JURIST report] in his civilian trial in federal court in Kentucky. It was recently revealed that 3 months before the attack, Green was diagnosed by military mental health workers as a homicidal threat [JURIST report]. AP has more.


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