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Legal news from Friday, June 15, 2007




Russia may halt CFE treaty participation following talks failure
Gabriel Haboubi on June 15, 2007 4:38 PM ET

[JURIST] The Russian delegation to the Extraordinary Conference of the States Parties to the CFE Treaty [official website] in Vienna expressed displeasure at the close of talks Friday and repeated calls for the North Atlantic Treaty Organization (NATO) [official website] to ratify the 1999 revision [text] of the Conventional Forces in Europe (CFE) treaty, insisting that the original 1990 CFE treaty [text] is outdated. Russia called for the four-day talks, but without being able to reach an agreement, its delegation chief said that Russia could simply halt its participation in the accord. NATO, calling the CFE treaty a "cornerstone of security and stability in Europe", expressed regret that an agreement was not reached [press release], and urged Russia to continue engaging in discussions. The chairman of the Organization for Security and Co-operation in Europe (OSCE) [official website], who hosted the conference, called on parties to resolve their differences [press release], and reminded them that such treaties help establish a climate of security and mutual trust.

Last week Russia Foreign Minister Sergey Lavrov said that the country would not raise the issue of withdrawing [JURIST report] from the treaty at the Vienna conference. Many NATO countries are against ratifying the 1999 treaty because of Russia's continued basing of troops in Moldova and Georgia, which Russia claims is an unrelated issue. AP has more. BBC News has additional coverage.






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Poland PM optimistic about EU constitution voting compromise
Gabriel Haboubi on June 15, 2007 3:46 PM ET

[JURIST] Following a Friday meeting [press release, in Polish] with French President Nicolas Sarkozy, Polish Prime Minister Jaroslaw Kaczynski [official websites] told the Polish daily newspaper Dziennik [media website] he was optimistic that a compromise on a controversial voting system for the European constitution [JURIST news archive] could be reached, although he later said it was too early to give details. His brother, Polish President Lech Kaczynski [official website], will meet with German Chancellor Angela Merkel [official website] this weekend, but Polish officials have said there would be no chance of a breakthrough this soon. Many EU states are hoping that progress can be made towards resolving the impasse in EU constitution negotiations at a summit in Brussels next Thursday, but yesterday Merkel expressed doubts [JURIST report] about what could actually be accomplished at the meeting. On Wednesday, Prime Minister Kaczynski indicated that unless negotiations on the voting system were left open, they would not agree [JURIST report] to any proposed treaty.

Poland has rejected the "double majority voting system" found in the 2004 draft constitution [text], which is supported by 25 member states, because that system diminishes Poland voting power compared to the 2000 Treaty of Nice [text]. Despite Poland's concerns, a recent German report noting key stumbling blocks on EU constitutional reforms made no mention [Reuters report] of the voting system. Reuters has more.






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UK bomb plot conspirators sentenced to 136 years in prison
Gabriel Haboubi on June 15, 2007 2:49 PM ET

[JURIST] Seven men [BBC backgrounder] who conspired with British al Qaeda leader Dhiren Barot [BBC profile; JURIST news archive] to launch attacks in Britain and the US were sentenced to a combined 136 years in prison [London Metropolitan Police press release] Friday in London's Woolwich Crown Court. The shortest sentence handed down was 15 years imprisonment, while the longest was 26 years. Six of the men had pleaded guilty, while the seventh denied the charges, but was found guilty after an investigation by the Metropolitan Police Service Counter Terrorism Command [official website]. The seven men carried out research and contributed to planning terrorist attacks, including setting off a radioactive "dirty bomb."

Barot pleaded guilty last year [JURIST report] for his role, and as ringleader was given a 40 year to life sentence [press release; JURIST report]. The sentence was reduced to 30 years [JURIST report] last month when the appellate court ruled that Barot's conspiracy did not amount to an actual attempt. Reuters has more. BBC News has additional coverage.






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Colombia congress passes bill recognizing rights of same-sex partners
Michael Sung on June 15, 2007 2:22 PM ET

[JURIST] Colombia's Congress approved legislation giving same-sex couples who have cohabited for over a period of two years similar rights as regular common law marriages Thursday, which will guarantee equal rights in areas such as welfare benefits and property inheritance. The measure, opposed by the Roman Catholic church but supported by Colombian President Alvaro Uribe [official website in Spanish; BBC profile], will not allow same-sex marriage [JURIST news archive] or allow same-sex couples to adopt children.

In February, the Constitutional Court of Colombia [official website] invalidated [summary; JURIST report] a 1990 law creating a presumption that property held by "a man and a woman" who lived together in de facto marriage for at least two years was held in common. Judge Rodringo Escobar Gil wrote that the law went "against the constitutional principles of respect for human dignity, [and] the state's duty to protect all persons equally and the fundamental right to freely develop one's personality." Reuters has more.






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US Muslim rights complaints up 25 percent in 2006: CAIR
Gabriel Haboubi on June 15, 2007 2:00 PM ET

[JURIST] Rights complaints by Muslims in the US rose 25 percent in 2006, according to an annual report on civil rights [PDF text; press release] released Thursday by the Council on American-Islamic Relations (CAIR) [advocacy website]. The group attributed the jump to a rise in anti-Muslim bias, particularly seen in cases involving delays in immigration proceedings. The majority of reported complaints came against government agencies such as the Department of Homeland Security (DHS) and the Department of Justice [official websites]. The 890 complaints filed against federal agencies in 2006 more than doubled the 2005 value of 380 complaints. Hate crime complaints rose by over 9 percent between 2005 and 2006, but declined as a percentage of all complaints. Such filings involved physical attacks against individuals and mosques because of religious preference. Incidents of anti-Muslim bias rose 2005 [JURIST report] as well, according to CAIR.

The study offered several recommendations to reduce instances of reported discrimination, including increasing outreach and education efforts by Muslims, and seeking government assistance in tackling the rising levels of Islamophobia in the US. The group also urged that the process of obtaining citizenship be expedited, citing the recent resolution of a five year delay [CAIR press release] of a Chicago Muslim in obtaining citizenship. The applicant passed the citizenship exam in 2002, and took part in repeated interviews, however his application was delayed for several years due to a pending DHS background check. CAIR is currently involved in a class action lawsuit against DHS, seeking the establishment of a limit on the amount of time such background checks can take. Reuters has more.






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Russia security service investigating Litvinenko-Berezovsky UK spying claims
Michael Sung on June 15, 2007 1:53 PM ET

[JURIST] The Federal Security Service of the Russian Federation (FSB) [official website, in Russian] Friday announced it is investigating allegations made by Russian businessman Andrei Lugovoy [JURIST news archive] that the deceased former KGB agent Alexander Litvinenko [BBC profile; BBC timeline] and alleged coup plotter Boris Berezovsky [JURIST news archive] spied for Great Britain. Lugovoy, who is currently sought by Britain's Crown Prosecution Service (CRS) [official website] for the polonium poisoning death of Litvinenko, made the allegations on May 31, saying that the British Secret Intelligence Service (SIS) had attempted to recruit him through Litvinenko and accused Berezovsky of also working for the SIS. Berezovsky has denied the allegations, dismissing them as an attempt to deflect attention away from Lugovoy's legal troubles.

On May 30, the Russian Office of the Prosecutor-General [official website, in Russian] dismissed suggestions [JURIST report] made by a Russian lawmaker that Lugovoy could be extradited to the UK in exchange for Berezovsky. Russian authorities have insisted that the Russian constitution forbids the extradition of its citizens [MFA statement] for alleged crimes committed abroad. Berezovsky, a billionaire currently residing in the UK on asylum [JURIST report], has been charged in Russia with attempting to plot a coup against Russian President Vladimir Putin. AP has more.






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SEC files suit against lawyers in penny stock scheme
Gabriel Haboubi on June 15, 2007 1:14 PM ET

[JURIST] The US Securities and Exchange Commission (SEC) [official website; JURIST news archive] said Thursday that it has filed suit [SEC complaint, PDF; press release] against the heads of a technology company and two lawyers who assisted the company in an illegal "pump and dump" penny stock scheme. Arizona lawyer David Stocker and Texas lawyer Phillip Offill Jr, the latter a former SEC enforcement officer, are alleged to have assisted Michigan-based AVL Global [press release archive] in issuing millions of shares of stock, promoting the company without disclosing the fact that it was was all but defunct. Most of the stock was purchased by Peter Fisher, father of AVL president N. Tyler Fisher, who sold it to the market, costing investors at least $160,000.

The allegations filed in the Eastern District of Michigan [official website] claim the participants in the scheme violated numerous laws, including federal security and antifraud provisions. The SEC seeks injunctive relief, reclamation of the illegally obtained funds, and punitive damages. N. Tyler Fisher settled the civil case against him, paying a $25,000 penalty and agreeing to refrain from overseeing public companies or participating in penny stock offerings for the next five years. The suit against Stocker and Offill marks the first time where the SEC is seeking damages from those who execute the legal logistics of such schemes without actually selling stock. The New York Times has more.






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Japan courts reject 'war orphans' compensation claims
Michael Sung on June 15, 2007 12:33 PM ET

[JURIST] Japanese district courts in Kochi and Sapporo Friday rejected the claims of two groups of Japanese abandoned in China as children [Kyoto Journal backgrounder] after World War II, ruling that the current Japanese government was not obligated to compensate the so-called "war orphans" [JURIST news archive] because Japan had no obligation to to assist their repatriation and assimilation back in Japan. The "war orphans," whose parents had been settled in China as a part of Japanese wartime policy, had sought approximately $267,000 per person in compensation.

To date, only 61 of the approximately 2,200 individuals who have filed similar suits have won compensation from the Japanese government. The 61 plaintiffs who filed their suit in Kobe each received approximately $62,000 in compensation [JURIST report]. Approximately 320,000 Japanese citizens were settled in Manchuria to establish a base of operations for Japan's 1937 invasion of China [Wikipedia backgrounder]. Many Japanese settlers were left behind after the war, however, and many children were raised by Chinese citizens. Many plaintiffs remained in China until 1975 when the government began locating them, did not speak Japanese and were shunned by surviving relatives, and most continue to rely on public aid as a result of the relocation. AP has more.






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Military police chief to be court-martialed on charges of aiding enemy in Iraq
Michael Sung on June 15, 2007 11:59 AM ET

[JURIST] The US military announced Thursday that charges [Central Command press release; JURIST report] against Lt. Col. William H. Steele, the former commander of the 451st Military Police Detachment in charge of the detention facility at Camp Cropper [Wikipedia backgrounder] in Iraq, has been referred to a court-martial on charges of aiding the enemy, unauthorized possession of classified information, disobeying orders, and various counts of conduct unbecoming an officer, including having an improper relationship with an interpreter between October 2005 and February 2007. He also faces charges of possessing pornographic videos contrary to a general order. Military officials say that if convicted of aiding the enemy, the maximum sentence Steele could face would be life imprisonment. Steele has been in military custody since his arrest in Kuwait in March.

Camp Cropper, located near Baghdad International Airport, is the second-largest US-run military prison [WP report] in Iraq after Camp Bucca in the wake of the closing of the notorious Abu Ghraib [JURIST news archive] prison which the US emptied [JURIST report] and transferred to the Iraqi government in 2006. Cropper currently has some 3000 inmates. Reuters has more. AP has additional coverage.






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DOJ investigating Gonzales-Goodling meeting on US Attorney firings
Michael Sung on June 15, 2007 11:06 AM ET

[JURIST] The US Department of Justice Office of Inspector General (OIG) and Office of Professional Responsibility (OPR) [official websites] confirmed in a letter [PDF text] to the Senate Judiciary Committee Thursday that an ongoing DOJ internal investigation into politicized hiring decisions [JURIST report] has expanded to include an alleged March meeting between former US DOJ aide Monica Goodling and Attorney General Alberto Gonzales [JURIST news archives] in which Gonzales supposedly "recounted to [Goodling] his recollections of the process leading up to and including" the controversial firing of at least eight US Attorneys [JURIST news archive]. The incident, which first surfaced during Goodling's May 23 testimony before the House Judiciary Committee, contradicts statements [JURIST report] made by Gonzales before the Senate Judiciary Committee in April, during which Gonzales claims to not having "talked to witnesses" in the DOJ because he did not want to "interfere" with the Senate Judiciary Committee or the DOJ's investigations.

DOJ spokesperson Brian Roehrkasse confirmed that the meeting occurred, but characterized Gonzales' statements as efforts to "comfort" Goodling during a "very difficult period of her life." Goodling also admitted during her testimony that she improperly considering applicants based on politics [JURIST report], and said that at least one US Attorney was fired to open a spot for a protege of Karl Rove. On Monday, Republican senators successfully blocked a no-confidence vote against Gonzales [JURIST report]. The New York Times has more.






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Federal appeals court allows ex-9/11 detainee to sue Ashcroft, Mueller
Michael Sung on June 15, 2007 10:33 AM ET

[JURIST] The US Court of Appeals for the Second Circuit ruled [opinion, PDF] Thursday that Javaid Iqbal, who alleges he was detained "solely because of [his] race, religion, and national origin" following the September 11 terrorist attacks [JURIST news archive] and subjected to mistreatment during detention, can proceed with civil lawsuits against former Attorney General John Ashcroft, FBI Director Robert Mueller, and other government officials. The court, while recognizing the "gravity of the situation [that government officials faced" as a consequence of the 9/11 attack," nevertheless held that constitutional rights, such as "the right not to be subjected to needlessly harsh conditions of confinement, the right to be free from the use of excessive force, and the right not to be subjected to ethnic or religious discrimination" must enjoy "steadfast protection" in both "normal" and "unusual times." The court rejected arguments presented by government officials that they could not be held personally liable because they had acted reasonably and therefore shielded by qualified immunity.

Approximately 762 foreign nationals, mainly Arab Muslim men [ACLU backgrounder], were arrested across the US after the September 11 attacks. Iqbal, and another former detainee and co-petitioner, Ehab Elmanghraby, were among 184 individuals held in maximum-security detention. Iqbal alleges he was held in solitary confinement for more than 150 days without judicial hearing. Elmanghraby has settled [JURIST report] his complaint against the government for $300,000. AP has more. Reuters has additional coverage.






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Taylor not indigent defendant: UN investigators
Michael Sung on June 15, 2007 9:36 AM ET

[JURIST] A five-member team of UN investigators concluded in a confidential report to the UN Security Council disclosed Thursday by the New York Times that former Liberian President Charles Taylor [BBC profile; JURIST news archive] may retain control over large sums of personal assets located in Nigeria and Liberia. Taylor claims he is indigent, and refused to participate in the start of proceedings against him [JURIST] last Monday at the Special Court for Sierra Leone (SCSL) [official website] because he was unable to retain his preferred lawyer. The panel's report says that Taylor obtains approximately $100 million annually from his control of diamond and timber resources, although it could not provide more details concerning the current status of Taylor's assets. The Nigerian government has refused to allow an investigation of Taylor's Nigerian assets, and neither Nigeria or Liberia has frozen Taylor's assets pursuant to Security Council Resolution 1532 [PDF text; backgrounder].

Taylor has also alleged that his single court-appointed defense lawyer, Karim Khan, is unfairly outnumbered by the court's prosecution team. Taylor attempted to fire Khan Monday, although a SCSL spokesperson says Taylor does not have the authority. The SCSL subsequently announced the addition of a second defense lawyer to Taylor's legal team, which currently consists of one lawyer, two legal assistants and two researchers. On Tuesday, SCSL chief prosecutor Stephen Rapp said that Taylor's trial will continue [JURIST report] as scheduled despite Taylor's boycott. Last Friday, SCSL President Justice George Gelaga-King urged [press release, PDF] the international community to provide more financial support for the SCSL, warning that "all available funds will be exhausted by November 2007." The SCSL estimates it will require a total of $89 million to complete its mandate in the next three years. In May, Human Rights Watch (HRW) [advocacy website] and Rapp issued similar pleas for voluntary financial contribution [JURIST report]. The current leading donors for the court are the United States, the Netherlands, Britain, and Canada. The New York Times has more.






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Ex-KKK member convicted of 1964 civil rights killing
Michael Sung on June 15, 2007 9:15 AM ET

[JURIST] A federal jury convicted former Ku Klux Klan (KKK) [JURIST news archive] member James Ford Seale [Wikipedia profile] Thursday of two counts of kidnapping resulting in death and one count conspiracy for Seale's role in the kidnapping and death of two 19-year old teens in Mississippi in 1964. Seale, who was previously arrested on suspicion of kidnapping Henry Dee and Charles Moore, later found dead in the Mississippi River, was released in 1964 due to a lack of evidence. Federal prosecutors revived the case, largely relying on the testimony of Charles Marcus Edwards, a former fellow KKK member who received immunity from prosecution in exchange for his testimony. Seale, now 71 years old, faces a maximum sentence of life in prison at his sentencing, which is scheduled on August 24.

The Seale case is one of several recently re-opened civil rights-era cases [US News backgrounder]. Authorities reopened Seale's case following the 2005 conviction of Edgar Ray Killen [JURIST report] for the 1964 deaths of three civil rights activists. AP has more.






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Russia military court convicts four soldiers for killing Chechnya civilians
Michael Sung on June 15, 2007 9:05 AM ET

[JURIST] A Russian military court convicted four army soldiers in the January 2002 killing of six Chechen civilians [Amnesty backgrounder] Thursday, sentencing them to between 14 and 9 years in prison. The four defendants, three of which remain fugitives and were tried in absentia, had previously been tried and acquitted [JURIST report], but the Russian Supreme Court overturned their second acquittal [JURIST report] in August 2005 citing criminal procedure violations. Russian news agency Itar-Tass reported that Chechen President Ramzan Kadyrov described the conviction as a "just decision."

The soldiers initially fired upon the vehicle carrying the six civilians when the vehicle missed a checkpoint and killing an passenger, but subsequently also killed the survivors in the vehicle. The soldiers allege that they were ordered to execute the survivors to cover up the incident. In March, the Council of Europe's European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) [official website] called on Russia to deal with allegations of torture and abuse in Chechnya [BBC backgrounder; JURIST news archive], where militants have fought for independence from Moscow for over a decade since the collapse of the Soviet Union. Reuters has more.






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DOJ renews opposition to federal shield law for reporters
Melissa Bancroft on June 15, 2007 8:40 AM ET

[JURIST] A top US Justice Department official testified Thursday that the Bush Administration remains opposed to a proposed shield law [text; HR 2102 materials] that would protect media from federal pressure to reveal sources. Assistant Attorney General Rachel Brand testified [prepared statement, PDF] during a House Judiciary Committee hearing [HJC materials; recorded video] that the DOJ has a "longstanding commitment to striking a balance between the public's interest in the free dissemination of ideas and information and the public's interest in effective law enforcement and the fair administration of justice" and that "the protections currently provided by the law and by the Department's own internal policies have been and continue to be effective in striking an appropriate balance between these two important interests." Brand said the proposed Free Flow of Information Act "would upset that balance, with serious and harmful affects":

It would summarily scrap a system that has successfully balanced the competing interests of law enforcement and the free flow of information only to replace it with one that, at best, will yield uncertain results at a time when the nation can ill afford it. And it does so without any hard evidence that the public's interest in the free flow of information is in any way being harmed or impaired by the efforts of law enforcement to investigate and prosecute crime.

The Department recognizes that there are legitimate competing interests at stake when the newsgathering process and the criminal justice system intersect. But history has demonstrated that the protections already in place, including the Department's own rigorous internal review of media subpoena requests, are sufficient and strike the appropriate balance between the free dissemination of information and effective law enforcement.
Brand specifically contested the bill's definition of journalist as too encompassing and pointed to that vagueness as a potential problem for federal investigators. Thirty-two states and the District of Columbia currently have similar shield laws on their books.

The bill was first proposed in May 2006, partially in response to the controversial 85-day jailing of New York Times journalist Judith Miller [JURIST news archive] after she refused to reveal a source to the federal grand jury investigating the leak of CIA agent Valerie Plame's identity [JURIST news archive]. The 2006 bill also met opposition from the Justice Department [JURIST report]. Leaders in the House and Senate are in favor of the current bill, but Democratic officials say there are no current plans to advance the bill out of committee. AP has more.





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Senators to revive immigration reform bill
Michael Sung on June 15, 2007 7:55 AM ET

[JURIST] US Senate Majority Leader Harry Reid (D-NE) and Senate Republican Leader Mitch McConnell (R-KY) [official websites] said in a joint statement [text] Thursday that senators will return to the stalled Comprehensive Immigration Reform Act of 2007 [S 1348 summary; JURIST report] after they finish work on an energy bill. President Bush has pressed the immigration proposal, which stalled after failing a cloture vote [JURIST report] last Thursday, saying [statement] Tuesday that he believed it would be "harder to enforce the border" if the bill fails to become law. Senators have floated a plan to Reid and McConnell, which would give Republicans and Democrats 10-12 chances to amend the bill, after which senators will initiate a cloture vote.

Last Wednesday, the Senate approved a five-year limit [JURIST report] on a proposed Y-1 temporary guest worker visa program, which critics say allowed too many foreign laborers to compete with domestic workers and drove down wages. The proposal had received bipartisan criticism [JURIST report] for being too broad. Supporters say that without temporary guest worker programs, illegal immigration [JURIST news archive] will continue as foreign laborers will still be attracted to the unmet labor demand. In May, senators trimmed the proposed temporary guest worker program [JURIST report] from its previous maximum limit of 600,000 guest workers a year to 200,000. Opponents of the immigration reform bill say it amounts to "amnesty" for up to 12 million undocumented immigrants currently in the United States, and others have objected to restrictions on the right of legal immigrants to bring their families to the US. AP has more.






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