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Legal news from Sunday, February 4, 2007




France should recognize Algeria colonial crimes: Socialist leader
Caitlin Price on February 4, 2007 4:19 PM ET

[JURIST] A prominent French Socialist Party (PS) [official website] leader called Sunday for France to recognize its crimes in colonial Algeria [JURIST news archives], including the alleged massacres of 45,000 Algerians demanding independence at the end of World War II, but stopped short of calling for an official French apology. Speaking at a conference in Algiers, Jack Lang [Wikipedia profile], a special advisor to PS presidential nominee Segolene Royal [BBC profile], emphasized that recognition through such acts as revising school textbooks to more accurately reflect the colony's history are ultimately more valuable than an official apology. Last November Algerian President Abdelaziz Bouteflika [BBC profile] called for France to apologize for and to acknowledge [JURIST report] its colonial crimes. AFP has more.

France ruled the North African country for more than 130 years. After eight years of conflict costing 1.5 million lives during the Algerian War of Independence [backgrounder], France relinquished control of Algeria in 1962 and the two countries have since worked on improving relations. Algeria first called for a French apology [JURIST report] in 2005, after France strained ties by approving a law [text in French; Guardian report] requiring French history teachers to stress the "positive role of the French presence overseas, especially in North Africa." The law was later rejected by French President Jacques Chirac [BBC profile], but not before delaying a reconciliation treaty. More recently Turkish lawmakers objecting to French legislation that would make it illegal to deny that Turkish killings of Armenians during World War I was genocide have threatened to adopt a retaliatory measure [JURIST report] that would label the French killings of Algerians as genocide and make it illegal to deny that the French were responsible for the killings.






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Kuwait parliament moves ahead with women's rights legislation
Caitlin Price on February 4, 2007 3:35 PM ET

[JURIST] Kuwaiti draft legislation broadening women's rights was approved by a parliamentary panel Sunday and will likely be debated in the house in the next two months. The panel's head, MP Saleh Ashour [Kuwait Politics Database profile, in English and Arabic], revealed that the bill would make government housing, currently only offered to married men, available to women who are married to non-citizens, divorced or widowed. Other benefits include two-year maternity leave, a monthly stipend for unemployed mothers, and an increase in paid leave from 40 days to 70 days. If passed by parliament, the bill must then be signed by Emir Sabah Al-Ahmad Al-Jaber Al-Sabah [BBC profile] to go into effect. AFP has more.

In May 2005, the Kuwait National Assembly [official website] passed a law granting women the right to both run and vote in parliamentary elections [JURIST report]. The legislation passed in the all-male parliament by a vote of 35 to 23 on an issue that had spurred strong reactions by conservative Islamists on one side and women and human rights activists on the other. Less than a month later, two Kuwaiti women became the first to be appointed to public office [JURIST report] in a municipal council. June 2006 marked the first time women were able to vote in a parliamentary election. Saudi Arabia is now the only Middle Eastern country where regular elections are held in which women cannot vote.






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New Iran justice minister nominated
Melissa Bancroft on February 4, 2007 3:26 PM ET

[JURIST] Iranian President Mahmoud Ahmadinejad [official profile; BBC profile] introduced Gholam Hossein Elham as his candidate for justice minister to the parliament [official website, in Persian] Sunday. Elham, a strong supporter of Ahmadinejad, currently works as official spokesperson for the Iranian government [official website, in Persian]. In order for Elham to be officially named to the post, the Parliament will conduct a vote of confidence which is tentatively scheduled for February 13. Elham's candicacy is expected to be confirmed.

The post has been open since the previous justice minister, Jamal Karimirad, died in a car accident [JURIST report] last December. AFP has more.






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Australia PM supports US re-charging sole Australian Guantanamo detainee
Melissa Bancroft on February 4, 2007 3:23 PM ET

[JURIST] Australian Prime Minister John Howard [official website] spoke out Sunday in support of the Pentagon's decision to recharge 31-year-old David Hicks [JURIST news archive], the single Australian terror suspect at Guantanamo Bay [JURIST news archive], notwithstanding US inclusion of a criminal count - providing material support to terrorists - that was only put into law four months ago. Australian defense lawyers and the opposition Labor party have protested that the charge is illegal under Australian law as retrospective legislation.

Hicks is one of three high profile Guantanamo prisoners facing new changes [JURIST report] announced by the US Friday. The original US charges against Hicks, Canadian Omar Khadr [Trial Watch profile] and Yemeni Salim Ahmed [Trial Watch profile] had to be dropped after the US Supreme Court ruled the original military commissions system established by President Bush unconstitutional without Congressional authorization [JURIST report]. The new charges will not be considered formal until they are approved, a process expected to take another two weeks. AP has more.






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Top Bangladesh politicians, ex-ministers detained in government raids
Melissa Bancroft on February 4, 2007 3:07 PM ET

[JURIST] Bangladeshi security forces picked up 13 ex-ministers and senior politicians from their homes in raids in Dhaka Sunday. The government cited recently-promulgated emergency powers as the basis for the detentions. Bangladesh [JURIST news archive] country has been in political turmoil since former prime ministers Khaleda Zia and Sheikh Hasina began feuding over proposed electoral reforms. After the disagreements led to violent street protests [BBC report] that killed 34 people, President Iajuddin Ahmed [Wikipedia profile] declared a state of emergency [JURIST report] in the country January 11. In the immediate aftermath of the emergency declaration, Bangladeshi authorities detained over 2500 people [JURIST report] and raided the homes of several political leaders. National elections had been scheduled for January 22 but have been postponed indefinitely.

Under the state of emergency, all citizens are banned from political activity and the Bangladeshi security forces are permitted to arrest and hold citizens without a warrant. The latest detainees include former government officials and political party leaders close to both Zia and Hasina. AP has more.






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O'Connor decided to leave high court after Rehnquist said he was staying: interview
Caitlin Price on February 4, 2007 2:46 PM ET

[JURIST] Former US Supreme Court Justice Sandra Day O'Connor [JURIST news archive] made her decision to step down [JURIST report] in July 2005 after consulting with then-Chief Justice William Rehnquist [JURIST news archive], according to a Newsweek interview [text; press release] released Sunday. O'Connor told the magazine,

[Rehnquist and I] talked a little bit. I was concerned about whether he had an intention to step down since his plans might have altered my own. It's hard for the nation to grapple with two [retirements] at once. He indicated he didn't want to step down.
O'Connor indicated that she otherwise may have preferred to stay on the bench until she was no longer physically capable of performing the job, but that consideration of her seriously ill husband changed her plans. In the interview she also acknowledged the new composition of the Court and her reputation as the swing vote on a number of controversial cases: "I'm sure there will be some sense that in some instances, had I been on the court, my vote might have differed from some of the new members. But that's all right. That's the way things go."

Former Chief Justice Rehnquist was battling cancer at the time of O'Connor's retirement; he died two months later [JURIST report]. O'Connor remained on the bench for six months until her replacement, Samuel Alito [JURIST news archive], took over in January 2006. O'Connor's status as a retired justice means that she is still considered an active judge and performs numerous related duties, including filling in as a federal appeals judge on various Circuits and even swearing in public officials in her home state of Arizona. Last year she also served on James Baker and Lee Hamilton's bipartisan Iraq Study Group [official website; JURIST report]. AP has more.





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