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Legal news from Friday, September 28, 2007 |
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New Japan PM to push anti-terrorism law renewal
Katerina Ossenova on September 28, 2007 3:14 PM ET

[JURIST] Japanese Prime Minister Yasuo Fukuda [official website; BBC report], the newly elected successor to former Prime Minister Shinzo Abe [JURIST news archive], said Friday that he plans to submit a new anti-terrorism law to parliament that will allow Japan to continue to refuel allied ships in the Indian Ocean connected to Operation Enduring Freedom [GlobalSecurity backgrounder] in Afghanistan. The original legislation authorizing the refueling, the Anti-Terrorism Special Measures Law [text], was passed in 2001 and has since been extended annually [MOFA press release]. The law is currently slated to expire November 1, after its renewal was blocked by the upper house of parliament. On Friday, ambassadors from 11 countries, including Australia, Canada, France and Germany, issued a joint statement encouraging Japan to continue its involvement, citing its contribution as "unique and vital."
Japan's involvement in Afghanistan has caused a rift [JURIST report] between the Liberal Democratic Party (LPJ) and the Democratic Party of Japan (DPJ) [party websites]. Abe, a member of the LPJ, announced his resignation [BBC English translation; JURIST report] on September 12, citing problems renewing the anti-terrorism law. DPJ president Ichiro Ozawa [party profile] has voiced his opposition to Japan acting abroad in operations not sanctioned by the United Nations and has promised that his party will continue to block the legislation. The Australian has more. DPA has additional coverage.


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Cuba detains protestors demanding humane treatment for political prisoners
Lisl Brunner on September 28, 2007 12:33 PM ET

[JURIST] The government of Cuba [JURIST news archive] Thursday detained at least forty protesters who gathered outside the Ministry of Justice to demand humane treatment for the country's estimated 250 political prisoners. All but one of those detained were released on Friday, but former political prisoner Jose Luis Garcia Perez, who was released in April, reported that he had been beaten while in custody. According to the Cuban Commission on Human Rights, most of these prisoners live in unsanitary conditions and lack clean water, enough food, and medical attention. During a hearing [recorded video] before the Inter-American Commission on Human Rights [official website] in July, the Cuban Democratic Directorate [advocacy website; press release] claimed that the International Committee of the Red Cross [official website] has not been permitted to inspect Cuban prisons since 1989.
Human rights groups estimate that the number of political prisoners in detention has dropped by over 20 percent since acting president Raul Castro assumed duties from Cuban President Fidel Castro [BBC profiles] on July 31, 2006. The Castro government released two dissidents [JURIST report] in August; however, it denies the existence of political prisoners in Cuba. AFP has more. El Pais has additional coverage [in Spanish].


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Khodorkovsky denied transfer from Siberian jail
Jaime Jansen on September 28, 2007 8:43 AM ET

[JURIST] An east Siberian court Friday ruled that former Russian oil tycoon Mikhail Khodorkovsky [defense website; JURIST news archive] should remain in custody for another three months in order to prevent him from obstructing a new investigation into Khodorkovsky and his business partner Platon Lebedev [defense website]. Russian prosecutors are investigating new charges [JURIST report] against the former Yukos Oil [corporate website] executives, which include stealing government shares, expropriating oil, and laundering over $25 billion. Lawyers for the men repeated previous calls that the men should be transferred from the Siberian penal colony in Chita Oblast [Wikipedia backgrounder] to Moscow, a call which Russian prosecutors have ignored [JURIST report], despite a March court order [JURIST report] that was upheld [JURIST report] in April.
Khodorkovsky was convicted of tax evasion [JURIST report] in May 2005, and is currently serving an eight-year prison term. The additional charges, filed against him in February 2007, are based on allegations that Khodorkovsky used his Open Russia Foundation [SourceWatch backgrounder] to divert oil revenues away from Yukos. If convicted on the new charges, Khodorkovsky faces an additional 15 years in prison. Both the United States and Khodorkovsky [JURIST reports] believe the new charges to be politically motivated, a claim which Russia has denied [JURIST report]. RIA Novosti has more. AP has additional coverage.


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US Supreme Court stays Texas execution after agreeing to hear lethal injection case
Jaime Jansen on September 28, 2007 7:55 AM ET

[JURIST] The US Supreme Court [official website; JURIST news archive] issued a stay of execution [order, PDF] Thursday for a a Texas inmate just hours before he was scheduled to be executed. Earlier this week, the Court granted certiorari [JURIST report] in Baze v. Rees (07-5439) [docket; cert. petition], where the Court will consider whether lethal injections of death row inmates constitute cruel and unusual punishment in violation of the Eighth Amendment, though the Court did not provide specific reasons for granting a stay for Carlton Turner, Jr., convicted of killing his adoptive parents in 1998. Also Thursday, Alabama Gov. Bob Riley [official website] stayed the execution of an Alabama inmate for 45 days while the state develops a new lethal injection procedure [press release].
Texas, like many other states, uses a controversial three-drug mixture [DPIC backgrounder] of an anesthetic, a muscle paralyzer and a substance to stop the heart. The Kentucky Supreme Court [official website] ruled in the Baze case that the state's current method of lethal injection, the same method Texas uses, does not violate the constitution [JURIST report] because the prohibition on cruel and unusual punishment "does not require a complete absence of pain." Several constitutional challenges [JURIST news archive] to the procedure have arisen across the country, arguing that the first drug fails to make the inmate fully unconscious, thereby making the inmate suffer excruciating pain when the heart-stopping drug is injected. AP has more. The New York Times has additional coverage.


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