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Legal news from Friday, March 7, 2008 |
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FBI referring fewer cases to Justice Department: study
Steve Czajkowski on March 7, 2008 3:14 PM ET

[JURIST] The US Federal Bureau of Investigations (FBI) [official website] is currently referring approximately 40 percent fewer criminal cases to the US Department of Justice (DOJ) for prosecution than it did 20 years ago, according to a study [text] released Friday by the Transactional Records Access Clearinghouse (TRAC) [official websites] at Syracuse University. The study partly attributed the drop in referrals to the FBI's concentration on terror investigations in the wake of 9/11: The FBI has frequently noted that because of the government's heightened concern about the threat of terrorism it has pulled a substantial number of agents away from the traditional kinds of enforcement of the past, assigning them to intelligence, national security and counterterrorism duties. The study suggested that this was not the only reason for the drop in referrals, however, as other federal agencies that are not engaged in counterterrorism work, such as the Secret Service, the Internal Revenue Service and the Postal Inspection Service [official websites], are also referring fewer cases than they did 20 years ago.
In contrast, the study found that the number of immigration investigations from the Bureau of Citizenship and Immigration Services [official website] has increased to four times that what it was two decades ago. Immigration investigations currently account for over one quarter of all criminal referrals, with almost 42,000 in 2007. AP has more.


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UN panel urges US to address racial disparities in criminal justice system
Patrick Porter on March 7, 2008 1:30 PM ET

[JURIST] The UN Committee on the Elimination of Racial Discrimination [official website] on Friday concluded its review [report, PDF; press release] of US compliance with the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) [text]. The committee praised the US for reauthorizing key laws, including the Violence Against Women Act and the Voting Rights Act, but also expressed concern over racial disparities in the criminal justice system. According to the committee's summary of its observations: The Committee also reiterated its concern with regard to the persistent racial disparities in the criminal justice system of the United States, including the disproportionate number of persons belonging to racial, ethnic and national minorities in the prison population and the significant racial disparities with regard to the imposition of the death penalty. It recommended that the United States allocate sufficient resources to ensure legal representation of indigent persons belonging to racial, ethnic and national minorities in civil proceedings. Moreover, the United States should increase significantly its efforts to eliminate police brutality and excessive use of force against persons belonging to racial, ethnic or national minorities, and also increase efforts to prevent and punish violence and abuse against women belonging to racial, ethnic and national minorities. The panel also expressed concern over "enemy combatants" in US custody:The Committee regrets the position taken by State party that the Convention is not applicable to the treatment of foreign detainees held as "enemy combatants", on the basis of the argument that the law of armed conflict is the exclusive lex specialis applicable, and that in any event the Convention "would be inapplicable to allegations of unequal treatment of foreign detainees" in accordance to article 1, paragraph 2, of the Convention. The Committee also notes with concern that the State party exposes non-citizens under its jurisdiction to the risk of being subjected to torture or cruel, inhuman or degrading treatment or punishment by means of transfer, rendition, or refoulement to third countries where there are substantial reasons to believe that they will be subjected to such treatment. Panel experts also urged the US government to cease the racial profiling of people of middle eastern and south Asian descent. Reuters has more.
Last month, the committee said that the US must do more to meet its obligations to fight racial discrimination [JURIST report] under the treaty. The US has defended [PDF text] its implementation of the treaty, which it ratified in 1994. The committee is charged with periodically reviewing the performance of the 173 countries that have signed and ratified CERD. The United States last appeared before the committee in 2001 [CERD concluding observations].


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UN rights chief announces June resignation
Jaime Jansen on March 7, 2008 8:38 AM ET

[JURIST] UN High Commissioner for Human Rights Louise Arbour [official profile] said Friday that she will not seek a second term [press release; recorded video] when her commission ends on June 30. Arbour's decision not to seek a second term [JURIST report] was made public earlier this week, but Friday's comments during her annual report to the UN Human Rights Council [official website] mark Arbour's official announcement. While serving as the UN's top human rights official, the Canadian-born Arbour has frequently spoken out against rights abuses by world powers, including the United States in the context of the "war on terror." Most recently, she said the US practice of waterboarding, not currently used by intelligence officials, is "clearly torture" under international definitions of the term, and criticized the Bush administration [JURIST report] for defending its past use of the interrogation technique. She has also pressed for greater respect for human rights in Darfur and the Middle East. AP has more.
Arbour was appointed [JURIST report] to her position in 2004 after five years as a justice of the Supreme Court of Canada. She succeeded Sergio Vieira de Mello, who was killed in a 2003 suicide bomb attack on UN offices in Baghdad. Arbour served as chief war crimes prosecutor for the UN in the late 1990s.
2:43 PM ET - UN Secretary-General Ban Ki-Moon issued a statement [text] Friday expressing regret at Arbour's decision not to seek a second term. Ban said: She has fulfilled her four-year mandate with immense dedication, and I have been most impressed by her extraordinary courage, energy and integrity in speaking out forcefully on human rights, which is among the UN's most important mandates. She has taken on the challenge of this difficult assignment in precisely the way that I would have expected. She has never hesitated to incur the criticism of States or other entities by highlighting the victims of abuses, and the inadequacies of legal systems everywhere. She has consistently represented the highest ideals of the [United] Nations, and the many tributes being paid to her today around the world are richly deserved.
Her legacy will be one of a strengthened and more wide-ranging United Nations human rights system, a stronger focus on justice and accountability, reformed protection mechanisms, and a more balanced approach to the full range of civil, political, economic, social and cultural rights. The UN News Centre has more.


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