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Legal news from Monday, February 19, 2007




US lawmakers seek recognition for Latin American Japanese interned in WWII camps
Caitlin Price on February 19, 2007 7:53 PM ET

[JURIST] Two US Congressmen Monday pressed their case for legislation investigating the treatment of 2,300 Japanese descendants from 13 Latin American countries held in US internment camps during World War II. Bill sponsors Reps. Xavier Becerra (D-CA) and Dan Lungren (R-CA) [official websites] spoke out in a Washington Post editorial on the Day of Remembrance [advocacy website] marking the anniversary of the 1942 signing of Executive Order 9066 [text], which established the internment camps. The Commission on Wartime Relocation and Internment of Latin Americans of Japanese Descent Act [HR 622 text] was introduced [press release] to the House of Representatives on January 25. If passed, the bill would create a 9-member commission to

investigate and determine facts and circumstances surrounding the relocation, internment, and deportation to Axis countries of Latin Americans of Japanese descent from December 1941 through February 1948, and the impact of those actions by the United States, and to recommend appropriate remedies.
Becerra and Lungren hope the Commission's report will lead to official recognition from the government.

In 1988, a report from the Commission on Wartime Relocation and Internment of Civilians [Wikipedia backgrounder] led to the Civil Liberties Act [text], which officially apologized and paid restitution to interned Japanese-Americans in the United States. AFP has more.





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Madrid train bombings trial judge seeks declassification of ETA documentation
Caitlin Price on February 19, 2007 7:02 PM ET

[JURIST] The lead judge in the mass trial of suspects in the 2004 Madrid train bombings [JURIST news archive] asked the Spanish government Monday to declassify documents allegedly linking a defendant to the Basque separatist group Euskadi Ta Askatasuna (ETA) [BBC backgrounder]. The 29 defendants [BBC backgrounder] are charged with 192 counts of murder and over 1,800 counts of attempted murder related to the March 11, 2004 bombings, which prosecutors say were motivated by al Qaeda's demand that Spain be punished for supporting the Iraq war. At the time of the attack, ETA was initially thought to be responsible, but evidence later seemed to rule out that group's involvement. Some conservatives still suspect an ETA connection, and the requested documents allegedly contain testimony of defendant Jose Emilio Suarez Trashorras stating that co-conspirator Jamal Ahmidan met with ETA prisoners to discuss acquiring explosives. Ahmidan and six other suspects committed suicide one week after the attack. The trial commenced [JURIST report; video archive] in the National Court of Spain last week.

On February 9, the Spanish government agreed to declassify intelligence documents [JURIST report] from Spain's National Intelligence Center [official website, in Spanish] pertaining to secret CIA rendition flights [JURIST news archive] allegedly asserting that dozens of planes landed in Spain, and that prisoners were held illegally and may have endured torture at the hands of the destination countries. The government allowed declassification with the stipulation that the papers were to be used for investigation purposes only and would not be made public; it has not commented on the latest request for declassification. Reuters has more.






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Canada judge halts Air India bombing inquiry pending documents disclosure
Brett Murphy on February 19, 2007 2:02 PM ET

[JURIST] Former Canadian Supreme Court Justice John Major [official profile] temporarily closed proceedings on the 1985 Air India bombing [CBC backgrounder] investigation on Monday until certain documents are publicly released. Major said he cannot carry out the probe without particular documents from the Royal Canadian Mountain Police (RCMP) and Canadian Security Intelligence Service (CSIS) [official websites], but the Canadian government maintains the evidence must be kept confidential for security reasons. In response, Canadian Prime Minister Stephen Harper [official website] told the RCMP and CSIS to use a "non-restrictive interpretation of the law" when deciding to release evidence to Major's inquiry.

The 1985 bombing which down an Air India jetliner over the Atlantic with the loss of all 329 passengers, most of the them Canadians, was the largest single modern terror attack against a Western target before September 11, 2001, and resulted in the longest and most expensive trial in Canadian history. Ripudaman Singh Malik and Ajaib Sing Bagri were tried on charges [indictment, PDF] of conspiracy to commit murder, first-degree murder of the passengers and crew of Air India Flight 182, and attempted murder of the passengers and crew. However, the suspects were acquitted on all charges [JURIST report] in 2005. The judicial inquiry [JURIST report], led by Major, began [JURIST report] in June 2006 to further investigate the bombing. CBC News has more.






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Philippines House adopts anti-terrorism bill
Brett Murphy on February 19, 2007 1:44 PM ET

[JURIST] The Philippines House of Representatives [official website] adopted a new anti-terrorism law [press release] on Monday allowing authorities to detain suspected terrorists for up to three days without filing charges. The legislation, known as the Human Security Act of 2007, includes a provision that grants wrongfully detained persons a right to compensation of up to P500,000, equivalent to roughly 10,000 US dollars. The bill also permits electronic surveillance of suspects and sentences of up to 40 years' imprisonment. Commenting on the passage of the bill, Speaker of the House Jose de Venecia [official profile] said it "shall not prejudice respect for human rights which shall be absolute and protected at all times." President Gloria Arroyo [official website; BBC profile] must still sign the bill before it becomes law.

Earlier this month, the Philippine Senate [official website] adopted its version of the bill [JURIST report; press release]. The legislation comes in response to the Philippine government's ongoing struggle with Islamist separatists and communist rebels, both of whom have used terror tactics [CFR Q/A]; in 2004, the Abu Sayyaf Group [BBC backgrounder] bombed a ferry in Manila Bay, killing some 130 passengers. Reuters has more.






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Italy unlikely to press for extradition in CIA kidnapping case
Brett Murphy on February 19, 2007 1:29 PM ET

[JURIST] Italian Justice Minister Clemente Mastella [official website, in Italian] told Rome's Il Messaggero daily on Monday that it is unlikely that Italy will seek extradition of 26 Americans who were indicted [JURIST report] last week for their alleged role in the February 2003 abduction [Washington Post timeline] and extraordinary rendition [JURIST news archive] of alleged terror suspect Osama Moustafa Hassan Nasr [Wikipedia profile; JURIST news archive] in Milan. According to Mastella, Italy remains concerned about preserving its relationship with the US. The Italian Parliament [official website] is expected to make a final decision on whether to request extradition on Thursday.

In October, Italian prosecutors completed their investigation [JURIST report] and sought the extradition of the 26 American defendants [JURIST report]. Previous attempts by prosecutors to request extradition have been stonewalled [JURIST report] by the Italian government, but observers thought the new center-left government of Prime Minister Romano Prodi elected last April might come to a different conclusion than the conservative and highly pro-American administration of former PM Silvio Berlusconi. Milan prosecutor Armando Spataro warned early last year that he would be forced to try the American defendants in absentia [JURIST report] if extradition were denied. US and Italian intelligence agents have pressed for a political resolution [JURIST report] of the case. AP has more.






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Rwanda frees 8,000 genocide prisoners despite retribution fears
Alexis Unkovic on February 19, 2007 12:44 PM ET

[JURIST] Rwanda [JURIST news archive] released 8,000 prisoners implicated in the country's 1994 genocide [BBC backgrounder; HRW backgrounder] Monday in an effort to combat prison overcrowding and promote reconciliation. Human Rights Watch (HRW) [advocacy website] and genocide survivors' group Ibuka [advocacy website], among others, have denounced the prisoners' release, warning that could precipitate retribution and violence against genocide survivors. According to a recent HRW report [text, PDF], 13 genocide survivors were killed in November, ostensibly by released prisoners. Monday's release, first announced last month [JURIST report], excluded "key masterminds of the genocide" and also freed 1,000 prisoners convicted of crimes other than involvement in the genocide.

More than 60,000 additional genocide suspects have been released from prison since 2003. The 1994 Rwandan genocide resulted in the deaths of over 800,000 people. Reuters has more.






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Condemned Saddam ex-VP claims torture in US custody
Alexis Unkovic on February 19, 2007 12:02 PM ET

[JURIST] Former Iraqi Vice President Taha Yassin Ramadan [Trial Watch profile; JURIST news archive], sentenced to death [JURIST report] in connection with crimes against humanity committed in the town of Dujail in 1982, has alleged in a sworn statement [DOC text, English translation] that US forces in Iraq mistreated him and subjected him to "methods of torture" for three weeks following his arrest in 2003 after he reportedly refused to reveal certain information. Ramadan's defense lawyer Giovanni Di Stefano [Wikipedia profile], recently released the statement, which is dated March 22, 2006 after reportedly receiving it from an unidentified US official in Baghdad by e-mail February 6.

In a statement e-mailed to JURIST Monday, Di Stefano said:

If this is the manner upon which my clients have been treated and indicative of how the US/UK Security Services conduct their interrogations then it is no wonder that there is so much opposition to the United States of America. This matter has been now reported to the UN Human Rights Commissioner but with the military might of the United States the reality is that not much any organization can do to curb these excesses. It is ironic that the civil case in the US District Court of DC against Saddam Hussein et al (including Taha Ramadan and Tariq Aziz) may now save Taha Ramadan's life primarily thanks to the Omar Judgement, will now be used against the United States of America in a new suit which I will file for the same allegations. The continued disrespect for international law by the US/UK will truly indeed make those countries potential targets for those who oppose these methods of interrogations and turn such episodes into motives for attack. Saddam Hussein, Barzan Al Tikriti, Awwad Al Bandar were totally against violence as a means to an end. I know because they said so. But it is becoming more and more difficult to make the Iraqi people understand that Saddam, Barzan and Awwad were against vendetta action. They sought an Iraq governed and run by Iraqi people but not by means of murder. I am grateful to those within the US military that have deemed appropriate in the spirit of full disclosure the delivery to me of documents that should have been in my possession in 2006. Awwad Al Bandar complained to me that he had been promised by the US not to be prosecuted if he would testify against Saddam Hussein. Barzan Al Tikriti had also told me he had been promised nulle proseque if he testified against Saddam Hussein. Tariq Aziz has stated that when interrogated by the US/UK the sole line of interrogation was the relationship that George Galloway MP had with Iraq. I am calling upon the Secretary of Defense in the US to now call for an open and public enquiry into the treatment of those detained since 2003 including releasing the interrogations transcripts of Saddam Hussein, Barzan Al Tikriti, Awwad Al Bandar to ensure open justice. It must be done forthwith."
The Iraqi High Tribunal (IHT) [official website; HRW backgrounder] originally sentenced Ramadan to life in prison in the Dujail trial, while Saddam Hussein and two others were sentenced to death [JURIST report] in November. The tribunal last week resentenced Ramadan to death by hanging, however, following a December 26 ruling by the IHT Appeals Chamber in its decision upholding Hussein's death sentence [JURIST report] that the life sentence for Ramadan was too lenient. UN human rights expert Phillip Alston [official profile] argued [JURIST report; press release] last week that Ramadan's trial was unfair and he should not be executed.

Di Stefano has said that he will ask US courts to prevent the US government from handing Ramadan over to Iraqi officials for his execution, relying on the case of suspected Iraqi terrorist Shawqi Omar [JURIST news archive]. The US Court of Appeals for the DC Circuit ruled [PDF text] earlier this month that Omar may argue his case before a US court [JURIST report]. Omar is seeking to block the US military from turning him over to Iraqi custody for trial in Iraqi courts. Bloomberg News has more.





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Georgia legislature presses measures aimed against illegal immigrants
Alexis Unkovic on February 19, 2007 11:05 AM ET

[JURIST] The Georgia General Assembly [official website] is set to consider a bill [text] passed by the state Senate last week requiring state residents to acquire a valid state driver's license and confirm they are legally present in the US before they can register their automobiles. The Senate bill, sponsored by State Sen. Chip Rogers (R-GA) [profile, PDF], was one of several that have been introduced to the Senate to combat illegal immigration [JURIST news archive], nearly ten months after Georgia Gov. Sonny Perdue [official website] signed into law [JURIST report] the Georgia Security and Immigration Compliance Act [text] in April 2006. The Act will deny illegal aliens many of the state's taxpayer-funded services when most of its provisions become effective on July 1, 2007. AP has more.

Last September, Georgia State Superior Court Judge T. Jackson Bedford Jr. issued a ruling [text, PDF; JURIST report] opposing the state's controversial voter ID law [JURIST news archive; GA Department of Driver Services information], also partly aimed against illegal aliens, because it was not required under the Georgia constitution [text] and could disenfranchise otherwise qualified voters.






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Former Canada chief justice warns PM not to influence judiciary
Katerina Ossenova on February 19, 2007 9:49 AM ET

[JURIST] Former Canadian chief justice Antonio Lamer [official profile], who led the Supreme Court of Canada [official website] from 1990-2000, warned Prime Minister Stephen Harper [official profile] Monday against influencing the judiciary to carry out his legislative agenda. In an interview with CanWest News Service, Lamer expressed concern with comments Harper made last week in the Canadian House of Commons that he wants judges to enforce his government's "law-and-order agenda" [CTV report]. Lamer said Harper was compromising the independence of the judiciary by encouraging harsher sentences and interfering with the sentencing process. Although Lamer acknowledged that some judges are too lenient, he characterized Harper's demands on the judiciary as contrary to judges' duty to be impartial and hand out sentences they deem appropriate.

Lamer also criticized Canada's system for appointing judges to the 1,100-member federal bench as flawed and denounced new involvement of police and members of the community in the judicial selection process [JURIST report]. CanWest News Service has more.






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San Diego diocese weighs bankruptcy in face of clergy abuse lawsuits
Katerina Ossenova on February 19, 2007 9:26 AM ET

[JURIST] The Roman Catholic Diocese of San Diego [official website] said in letter [PDF text] to parishioners Sunday that it will consider declaring bankruptcy in light of the more than 140 pending lawsuits alleging sexual abuse by priests. Signed by Bishop Robert Brom [official profile], the letter stated that if fair settlements cannot be reached in the cases, the diocese may be forced to file a Chapter 11 reorganization [SEC backgrounder] in bankruptcy court. The first case is set for trial in San Diego Superior Court on February 28; three other trials are currently scheduled to follow.

If the Roman Catholic Diocese of San Diego files for bankruptcy, it would be the fifth in the nation to do so as a way to seek protection from the clergy sex abuse scandals [JURIST news archive]. In January 2007, the Catholic Diocese of Spokane [diocesan website] agreed to settle molestation claims [JURIST report] against priests for $48 million as part of its Chapter 11 reorganization plan [diocesan materials]. The Archdiocese of Portland filed for Chapter 11 [JURIST report] in 2004, and the dioceses of Tuscon, Spokane, and Davenport soon followed suit in the wake of hundreds of sexual abuse lawsuits [JURIST news archive] against clergy. Last month, the Portland archdiocese filed a new bankruptcy plan [JURIST report] including a $75 million settlement of the sexual abuse claims. AP has more. The San Diego Union-Tribune has local coverage.






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Australia PM to press Cheney for speedy Hicks trial
Katerina Ossenova on February 19, 2007 8:54 AM ET

[JURIST] Australian Prime Minister John Howard [official profile] said Monday that the Australian government will put more pressure on the US to expedite the trial of Australian Guantanamo detainee David Hicks [JURIST news archive] when US Vice President Dick Cheney [official profile] arrives in Australia on Tuesday for a two-day visit. Speaking to Australian television, Howard called for a speedy trial [interview transcript] so Hicks could return to Australia by the end of the year, saying:

I will be pressing the Vice President as strongly as the circumstances allow for the trial to take place without any further delay. Now we are very unhappy that it's taken this long...Australians want him brought to trial and the truth or otherwise of the allegations, which are very serious allegations, tested before the Military Commission, that's what they want and that's what we want.
Australian Foreign Minister Alexander Downer [official profile] told an Australian television network Sunday that US Defense Secretary Robert Gates assured him that Hicks will be transferred to Australia [AP report] to serve his sentence if he is convicted before the end of the year. Last May, the Australian government said it had signed an agreement [JURIST report] with the US that would allow Hicks to apply for a transfer to an Australian prison if he were convicted at Guantanamo Bay [JURIST news archive].

Hicks is one of three high profile Guantanamo prisoners facing new charges [JURIST report] announced by the US earlier this month. The original charges against Hicks, Canadian Omar Khadr and Yemeni Salim Hamdan [Trial Watch profiles] and other detainees had to be dropped after the US Supreme Court ruled the original military commissions system was unconstitutional as initially established by presidential order [JURIST report]. Hicks was picked up in Afghanistan in 2001 while allegedly fighting for the Taliban. US prosecutors claim that he trained at up to four terrorist camps. Reuters has more.





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UK PM favors stricter gun laws after London teenager deaths
Holly Manges Jones on February 19, 2007 8:13 AM ET

[JURIST] UK Prime Minister Tony Blair [official website] said Sunday that he is in favor of toughening Britain's gun laws [press release] after the deaths of three teenagers [BBC report] in London during the past month. Blair said that the applicable age to receive a minimum 5-year jail sentence for illegal gun possession should be lowered from the current age of 21 to include violators from 17-21 years old. Blair rejected contentions that the recent deaths are due to a general problem with Britain's youth, saying the issues stem from a "specific criminal culture" involving gangs and guns. Blair also said gun law violators who offer evidence against gangs should receive protection for their testimony.

Despite UK Home Office [official website] statistics [official website] showing an overall reduction in fatal shootings within Great Britain, news of the teenage murders have brought gang violence to the forefront of the British political agenda. While Conservative MPs too are in favor of stricter gun laws, spokesman David Davis [official website] said the issues underlying illegal gun possession, such as broken homes or drug activity, should be also analyzed, rather than legislators acting solely when teenage murders make the news. Reuters has more.






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Japan foreign minister regrets draft US bill urging 'comfort women' compensation
Holly Manges Jones on February 19, 2007 7:43 AM ET

[JURIST] Japanese Foreign Minister Taro Aso [official website] Monday rejected a US House of Representatives proposed resolution [text; H Res 121 summary] which urges Japan to apologize to women who were forced into sexual slavery [JURIST report] during World War II. Aso said the US resolution was "regrettable" and not factual after three women testified last week before the US Congress that they received apologies from the Japanese government but were not given compensation. The Asian Women's Fund [official website] was created by Japan in 1993 after the Imperial Japanese Army [Wikipedia backgrounder] admitted its role in the use of "comfort women" [SFCU backgrounder] to provide sex for its soldiers. Nearly 300 women received payments of approximately $20,000 and apologies from the country's prime minister at that time.

The US resolution may negatively impact the normally strong relations between Tokyo and the US and comes ahead of a visit to the US by Japanese Prime Minister Shinzo Abe [BBC profile] scheduled for later this year. Similarly, another US bill has tested US relations with Turkey after Turkish leaders Sunday opposed [JURIST report] a resolution [PDF text] being considered by the US Congress which recognizes the WWI-era killings [BBC backgrounder] of Armenians by Ottoman Turks as genocide. Reuters has more.






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Iraq oil law goes to cabinet for approval
Holly Manges Jones on February 19, 2007 7:07 AM ET

[JURIST] Iraqi legislators delivered a draft law [JURIST report] to Iraq's cabinet over the weekend which outlines the development and distribution of oil in the country, according to two members of a negotiating committee tasked with developing the resolution. Negotiations concerning the proposed law have been a source of tension [JURIST report] in Iraq for months as Kurds were adamant about retaining control of Iraq's oil resources [Global Policy backgrounder] in the northern regions. Other government leaders, however, focused on giving the central Iraqi government control over oil revenues and approval rights for any contracts with other countries or international companies to pump oil, since oil revenues are the main source of income to Iraq [JURIST news archive].

While the two committee members did not reveal details of the draft law, a senior Kurdish official suggested that a compromise had been made to appease the northern Kurds. If the cabinet members approve the proposed law, it will then go to the Iraqi Parliament [official website, English version] for ratification. Typically, if Sunni, Shiite and Kurdish political leaders have backed a measure, Parliament almost always gives its approval. Monday's New York Times has more.
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