JURIST Supported by the University of Pittsburgh
PAPER CHASE ARCHIVEDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.
Listen to Paper Chase!


Legal news from Friday, March 7, 2008




Texas oil company owner sentenced to prison in oil-for-food bribery case
Steve Czajkowski on March 7, 2008 5:07 PM ET

[JURIST] Texas oil baron David Chalmers was sentenced to two years in prison and ordered to forfeit $9 million Friday for paying millions in bribes to Iraqi officials in connection with the UN oil-for-food scandal [JURIST news archive]. Chalmers, the owner of Bayoil USA Inc and Bayoil Supply and Trading Ltd, pleaded guilty [JURIST report] last August to conspiracy to commit wire fraud [indictment, PDF]. He was ordered to report to prison by April 30.

The UN Oil-for-Food program [official website] allowed the Iraqi government of Saddam Hussein [JURIST news archive], under UN sanctions in the wake of the first Gulf War, to sell limited stocks of oil in return for foodstuffs and other humanitarian supplies. Hussein's regime nonetheless bribed foreign officials and commercial interests so it could sell oil on the black market, embezzling over $1 billion in program funds and perhaps as much another $10 billion from other sources. Reuters has more.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


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.





Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Scotland court denies Lockerbie bombing lawyers access to 'missing document'
Patrick Porter on March 7, 2008 2:16 PM ET

[JURIST] A Scottish court Friday rejected the latest appeal for disclosure by defense lawyers representing Abdelbaset Ali Mohmed al-Megrahi [CNN profile], convicted in the 1988 bombing of Pan Am flight 103 [BBC backgrounder] over Lockerbie, Scotland. Specifically, they were seeking access to a "missing document" [JURIST report] that allegedly contains information about the timer used to bomb Pan Am Flight 103. Al-Megrahi's lawyers were appealing a denial of access to the document by UK government officials, who said it would compromise national security and international relations. BBC News has more. AFP has additional coverage.

The Scottish Criminal Cases Review Commission (SCCRC) [official website] granted an appeal [JURIST report] in al-Megrahi's case in June 2007 and referred it to Scotland's High Court of the Judiciary [official website] after the commission identified six grounds [press release, PDF] for a possible "miscarriage of justice" in al-Megrahi's trial and conviction. In 2003, Libya agreed to accept responsibility [US DOS press release] for the 1988 Lockerbie bombing and compensate the victims' families.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


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].





Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Clergy abuse claim settlements almost double in 2007: US Catholic bishops
Patrick Porter on March 7, 2008 12:58 PM ET

[JURIST] Total payments in clergy abuse [JURIST news archive] settlements nearly doubled in 2007 to reach $526 million, the highest number ever, according to an annual report [PDF text; press release] by the US Conference of Catholic Bishops [religious website] released Friday. The number of new allegations of abuse fell for the third year in a row, dropping by three percent. The total number of offenders named in new allegations rose 10 percent, from 448 to 491.

Last year's report [PDF text] found that claims of clergy sex abuse levied against the US Roman Catholic Church involving claimants under age 18 had dropped significantly in 2006 [JURIST report]. Money spent by the dioceses and religious orders on support, settlements and litigation fees also dropped from $467 million to $399 million last year. The report measures the US dioceses' compliance with the Charter for the Protection of Children and Young People [text], drafted in 2002 in response to widespread reports of sexual abuse committed by clergymen. Settlements involved dioceses across the country. The total settlements of all Catholic clergy abuse claims have cost the US church at least $2.3 billion since 1950. AP has more.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Bosnian Serb ex-police officers plead not guilty in Bosnia war crimes court
Jaime Jansen on March 7, 2008 11:37 AM ET

[JURIST] Two former Bosnian Serb police officers pleaded not guilty [press release; case summary] Friday to war crime charges before the War Crimes Chamber [HRW backgrounder] of the Court of Bosnia and Herzegovina [official website]. Krsto Savic is accused of involvement in the arrest and killing of 80 Muslims in Kalinovik during the Bosnian war [JURIST news archive], while Milko Mucibabic is accused of involvement in the torture of Muslims and Croats in Nevesinje. Reuters has more.

Last month, the War Crimes Chamber convicted two former prison officials [JURIST report] for the systematic abuse of detainees at the Foca Correctional Facility during the Bosnian war. The War Crimes Chamber was set up to alleviate the caseload of the International Criminal Tribunal for the Former Yugoslavia [official website], and will continue to hear cases as the ICTY winds down in 2010.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


US House bill introduced to overturn EPA California emissions waiver denial
Jaime Jansen on March 7, 2008 10:41 AM ET

[JURIST] A bill [HR 5560 materials] that would overturn a decision by the US Environmental Protection Agency (EPA) to deny a greenhouse emissions waiver [rejection letter, PDF; JURIST report] to California was introduced in the US House of Representatives [official website] Thursday. The bill, which would allow states to introduce higher greenhouse emissions standards than those mandated by federal law, would immediately grant California's waiver request and clear the way for 12 other interested states to impose higher emissions standards. A similar bill has already been introduced in the Senate. Reuters has more.

In December 2007, the EPA denied California's waiver request, with EPA Administrator Stephen L. Johnson saying that a unified national standard for greenhouse gas regulation was preferable to a state-by-state network of regulations and pointing to the Energy Independence and Security Act of 2007 [HR 6 materials; WH fact sheet], signed into law that month by President George W. Bush. California filed suit [JURIST report] in January to challenge the denial. Last month, the EPA issued an official explanation [JURIST report] of its decision to deny California's waiver request. Also last month, internal EPA documents [press release and excerpts] revealed that agents with the EPA urged Johnson to approve the waiver request [JURIST report].






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


China human rights lawyer missing, thought detained: rights group
Jaime Jansen on March 7, 2008 9:05 AM ET

[JURIST] Chinese rights activist Teng Biao has disappeared and is thought to have been detained by state authorities, rights group China Human Rights Lawyers Concern Group [advocacy website] said Friday. Teng, a lawyer with close ties to civil rights activist Hu Jia [Radio Free Asia profile], did not return home Thursday evening, and neighbors witnessed an unidentified man being dragged into a car. In September 2007, Teng and Hu wrote an open letter [text] requesting that the international community investigate China's promises to improve its human rights record. China has been criticized in recent months for cracking down on human rights activists and political dissidents [JURIST report] ahead of the 2008 Olympics in Beijing. AP has more. Reuters has additional coverage.

Hu was formally arrested and charged with inciting subversion of state power [JURIST report] last month. Last year, Hu made public [JURIST report] letters and recordings from Chinese lawyer Gao Zhisheng alleging that Gao was tortured into confessing to subversion charges. In November 2007, rights group Dui Hua reported that the number of political arrests in China more than doubled in 2006 [JURIST report].






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


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.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Chad president may pardon 'Darfur orphan' airlift workers within month
Jaime Jansen on March 7, 2008 8:01 AM ET

[JURIST] Chadian President Idriss Deby [official website, in French; BBC profile] said Thursday that he may pardon six French aid workers convicted in Chad in December of attempting to kidnap [JURIST reports] 103 African children within a month. In February, Deby said that he is prepared to pardon the French citizens [JURIST report], but that he would only do so upon an official request from France. French officials say they sent the request to Deby in early February. Deby also said in an interview with France-24 television [France-24 report] Thursday that he would like the families of the children to receive $12 million in compensation, noting that Chad will have to cover the costs if the aid agency is unable to do so. AP has more.

The aid workers, affiliated with Zoe's Ark [advocacy website], said they were attempting to airlift orphaned children [JURIST news archive] from the war-torn Sudanese region of Darfur, but investigations revealed that most of the children were not Sudanese or orphans. In January, another aid worker was charged in French court [JURIST report] with conspiring to allow illegal residents into the country in connection with the foiled airlift.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page

For more legal news check the Paper Chase Archive...


LATEST OP-ED

Is Egypt's Stance on the Blue Nile Dam Legally Justified?
DOMESTIC
Zeray Yihdego
University of Aberdeen School of Law

Get JURIST legal news delivered daily to your e-mail!

SYNDICATION

Add Paper Chase legal news to your RSS reader or personalized portal:
  • Add to Google
  • Add to My Yahoo!
  • Subscribe with Bloglines
  • Add to My AOL

E-MAIL

Subscribe to Paper Chase by e-mail. JURIST offers a free once-a-day digest [sample]. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.


R|mail e-mails individual Paper Chase posts through the day. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.

PUBLICATION

Join top US law schools, federal appeals courts, law firms and legal organizations by publishing Paper Chase legal news on your public website or intranet.

JURIST offers a news ticker and preformatted headline boxes updated in real time. Get the code.

Feedroll provides free Paper Chase news boxes with headlines or digests precisely tailored to your website's look and feel, with content updated every 15 minutes. Customize and get the code.

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org