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Legal news from Saturday, March 10, 2007 |
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Mexico president plans criminal justice overhaul
Natalie Hrubos on March 10, 2007 12:30 PM ET

[JURIST] Mexican President Felipe Calderon [official website; BBC profile] proposed changes to the country's constitution [text] Friday in an effort to reform its criminal justice system [press release]. Earlier this month, Amnesty International [advocacy website] accused Mexico [JURIST news archive] in a report [text] of having a "gravely flawed" criminal justice system in which human rights abuses are perpetuated and criminals are rarely punished. The report cited evidence of arbitrary detentions, torture, fabrication of evidence and unfair trials and claims that the victims are often indigenous Mexicans, the poor, women and children. The latest US Department of State human rights report [text] on Mexico released Monday reported: Although the government generally respected and promoted human rights at the national level by investigating, prosecuting, and sentencing public officials and members of the security forces, a deeply entrenched culture of impunity and corruption persisted, particularly at the state and local level. The following human rights problems were reported: unlawful killings by security forces; kidnappings, including by police; torture; poor and overcrowded prison conditions; arbitrary arrests and detention; corruption, inefficiency, and lack of transparency in the judicial system; statements coerced through torture permitted as evidence in trials; criminal intimidation of journalists, leading to self-censorship; corruption at all levels of government; domestic violence against women often perpetrated with impunity; criminal violence, including killings against women; trafficking in persons, sometimes allegedly with official involvement; social and economic discrimination against indigenous people; and child labor. On Friday, Calderon said he plans to replace each state's individual criminal code with a single, nationwide code. He also wants to make it easier to fire corrupt police officers and to transition to trials similar to those in the US. Trials are currently held behind closed doors. AP has more.


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Ecuador constitutional court warns president to respect pending decision
Michael Sung on March 10, 2007 11:37 AM ET

[JURIST] Ecuador's Constitutional Tribunal [official website, in Spanish] has warned President Rafael Correa [official website, Spanish; BBC profile] that he would be acting illegally if he ignores a potential unfavorable ruling by the Tribunal on a controversial exercise of authority by the country's seven-member Supreme Electoral Tribunal [official website], which dismissed 57 of 100 lawmakers [JURIST report] in the Congress of Ecuador [official website] on Thursday. Tribunal president Dr. Santiago Velasquez Coello [official profile, Spanish] said Friday that "it is a crime when a citizen disregards a ruling" of the tribunal. Correa said Thursday that he will ignore unfavorable court rulings and proceed with plans to hold a referendum on whether Ecuador should form a constitutional assembly to rewrite its constitution [text, Spanish].
The Congress voted to hold a referendum [JURIST report] in February, but last week, Congress and Correa submitted separate versions of the referendum to the Supreme Electoral Tribunal, which chose Correa's version. Correa's version disregarded a stipulation by Congress that the constitutional assembly may not retroactively dismiss members of congress and other elected officials of previous elections. The 57-dismissed member of congress voted to impeach four members of the Supreme Electoral Tribunal, which prompted the tribunal to respond with the dismissals. In January, Correa became the eighth president [JURIST report] of Ecuador [JURIST news archive] in ten years on the platform promising to overhaul the nation's economy to fight poverty. Correa has characterized the congress as a "sewer of corruption" and has expressed admiration for the policies of Venezuela's Hugo Chavez [JURIST news archive]. AP has more.


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Afghanistan lower house approves amnesty bill with Karzai revisions
Michael Sung on March 10, 2007 11:03 AM ET

[JURIST] The Wolesi Jirga [Wikipedia backgrounder], the lower house of the Afghan parliament [IRIN backgrounder], voted Saturday to approve a revised resolution calling for an amnesty for groups that allegedly committed war crimes [JURIST news archive]. The resolution, revised by President Hamid Karzai [BBC profile; JURIST news archive], bars the state from independently prosecuting individuals for war crimes absent accusation from an alleged victim. The revised resolution also extends the amnesty to all groups, as opposed to only leaders of various factions alleged to have committed war crimes during the 1980s resistance against Soviet forces and war crimes committed during the country's civil war [CNN backgrounder].
Both Wolesi Jirga and the Meshrano Jirga [Wikipedia backgrounder], the upper house of parliament, initially approved a resolution calling for amnesty [JURIST report] for leaders in February. The resolution drew some popular support [JURIST report] but was criticized by the UN High Commissioner for Human Rights [JURIST report] and other rights advocates. Afghanistan's highest body of Islamic clerics also opposed the issuance of a blanket amnesty, arguing that the perpetrators of war crimes can only gain forgiveness from the victims and not the parliament. The amnesty bill will become law unless the president acts within 15 days of parliamentary passage. If Karzai refuses to sign the bill, the 250-member Wolesi Jirga can override his veto with a two-thirds majority vote. AP has more.


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DOJ leaders admit FBI broke laws in soliciting personal information
Michael Sung on March 10, 2007 9:48 AM ET

[JURIST] Top US Justice Department officials moved quickly Friday to acknowledge fault and apologize for illegal activities after a sharply critical DOJ inspector general's report [PDF] on Patriot Act investigative practices revealed that the FBI [official website] broke and misused laws [JURIST report] in the process of obtaining personal information from telephone companies, internet service providers, banks, credit bureaus and other business personal records. FBI Director Robert Mueller said [press briefing transcript] that FBI agents had improperly used so-called "exigent letters," under which communication carriers, relying on the FBI's representation of "emergency situations", are directed to provide personal information with the expectation that grand jury subpoenas would follow. Mueller noted that the report "found that there were not necessarily exigent circumstances and that [subsequent] grand jury subpoenas had not followed." Mueller told reporters that the FBI had suspended the use of exigent letters since May of last year and will only use them in future "when the circumstances comport with the [Patriot Act]." Mueller also admitted that the FBI violated privacy protections in its use of national security letters (NSLs) [FAS backgrounder; example, PDF] with inaccurate record keeping, and also failed to detect potential Intelligence Oversight Board (IOB) violations and submit them to IOB review. Mueller stated that the FBI has taken corrective measures [diagram] to ensure that the FBI complies with all applicable laws and internal policy requirements.
Attorney General Alberto Gonzales meanwhile said [prepared remarks] that he has ordered the DOJ National Security Division (NSD) [official website] "to begin oversight and auditing of the FBI's use of NSLs..." and had ordered briefings on the inspector general's report to be "given to the President's Foreign Intelligence Advisory Board, the Privacy and Civil Liberties Oversight Board, Congress and key advocacy groups." The review by the DOJ Office of the Inspector General (OIG) [official website] was conducted under the terms of the 2005 Patriot Act renewal legislation. Both Gonzales and Mueller reiterated that the inspector general found no "intentional or deliberate misuse of authorities." AP has more.


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