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Legal news from Thursday, April 24, 2008 |
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Austria, Denmark parliaments approve EU reform treaty; Czech vote delayed
Mike Rosen-Molina on April 24, 2008 5:25 PM ET

[JURIST] The upper house of the Austrian parliament [official website, in German] Thursday voted 151-27 [press materials, in German] to approve the EU reform treaty [JURIST news archive], formally known as the Treaty of Lisbon [official website; PDF text]. The treaty now goes to Austrian President Heinz Fischer for signature. Also Thursday, the Danish national parliament [official website, in Danish] voted 90-25 to approve the document, while the upper house of the Czech parliament voted to delay its vote on the treaty until the country's constitutional court can rule on whether it is consistent with Czech law. The lower house of the German parliament also voted to approve the treaty [JURIST report].
Leaders from the 27 countries that make up the European Union signed the reform treaty [JURIST report] in December, but all member countries must ratify the document before it can take effect. Eight countries, including Slovakia, Bulgaria, France, Hungary, and Slovenia [JURIST reports] have ratified the reform treaty so far. BBC News has more. AFP has additional coverage.


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ECCC aiming to end investigation into ex-Khmer Rouge prison chief by July
Mike Rosen-Molina on April 24, 2008 3:24 PM ET

[JURIST] Officials from the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website; JURIST news archive] said Thursday that the court expects to complete an investigation into former Khmer Rouge prison chief Kaing Guek Eav [TrialWatch profile], also known as Duch, by July. In a statement [PDF text], the court said: Indeed, the [Co-Investigating Judges] intend to notify the parties that they have finished their investigations in the first case file in early May 2008 (this is the formal notification under Rule 66(1) of the Internal Rules). Thereafter, the CIJ will work towards issuing a formal Closing Order relating to Duch in early July 2008 on whether and, if so on what charges, to send Duch forward for trial. However, the procedures between early May and final closure in July 2008 do not depend on the CIJ, but rather on the exercise by the parties of their procedural rights. The CIJ have therefore taken certain initiatives to ensure that all parties understand the projected proceedings and timetable, and work in the same direction to maintain the objective of closure in July 2008.
On that basis, it is hoped that any trial of Duch on charges raised in the Co-Prosecutors' Initial Submissions could commence at the beginning of the last quarter of 2008. Duch, who was in charge of the notorious S-21 prison in Phnom Penh, is one of five top leaders of the Khmer Rouge regime [JURIST news archive; BBC backgrounder] currently in ECCC custody. So far no top Khmer Rouge officials have faced justice, although the ECCC said Thursday that Duch may become the first to go to trial later this year. AP has more.
Duch was arrested in 1999 on genocide charges and was subsequently charged with war crimes by a military court in March and with crimes against humanity [JURIST reports] by the ECCC in July. Those charges were primarily brought to keep Duch in custody while the ECCC started operations. A panel of ECCC judges ruled late last year that Duch should not be granted bail [JURIST report] while preparations for his trial continue.


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Germany lower house approves EU reform treaty
Mike Rosen-Molina on April 24, 2008 1:22 PM ET

[JURIST] The German Bundestag [official website, in German], the lower house of parliament, voted 515-58 [press materials, in German] Thursday to approve the EU reform treaty [JURIST news archive], formally known as the Treaty of Lisbon [official website; PDF text]. The upper house is expected to ratify the treaty next month.
Leaders from the 27 countries that make up the European Union signed the reform treaty [JURIST report] in December, but all member countries must ratify the document before it can take effect. At least eight countries, including Slovakia, Bulgaria, France, Hungary, and Slovenia [JURIST reports] have ratified the reform treaty so far. AP has more.


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Georgia schedules execution after high court lethal injection ruling
Mike Rosen-Molina on April 24, 2008 12:25 PM ET

[JURIST] A Georgia court has scheduled the execution [press release] of a convicted killer after the US Supreme Court last week upheld Kentucky's lethal injection protocol [JURIST report], ending a de facto national moratorium on the death penalty. William Earl Lynd, who was convicted of the 1988 murder of his girlfriend, is scheduled to be executed during on May 6, according to Wednesday media reports. If the execution takes place as scheduled, it will be the first execution since the Supreme Court's ruling. Reuters has more. AP has additional coverage.
In September 2007, the Supreme Court granted certiorari in Baze v. Rees [Duke Law case backgrounder; JURIST report], allowing it to consider whether the three-drug lethal injection cocktail [DPIC backgrounder] used in most states violates the Eighth Amendment's prohibition on cruel and unusual punishment. This led to an effective moratorium [JURIST report] on the death penalty in the United States as many federal courts, state courts, and state governors put executions on hold pending the high court's ruling. Several other US states have already announced that they will resume executions by lethal injection [JURIST report]. The Georgia Supreme Court had previously stayed the execution of another condemned inmate [JURIST report] while Baze v. Rees was pending before the US Supreme Court.


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Federal judge rules Bible distribution in Louisiana school unconstitutional
Jeannie Shawl on April 24, 2008 8:17 AM ET

[JURIST] A federal judge has ruled [PDF text] that a school district in Louisiana must stop allowing the distribution of Bibles in schools, saying that the distribution is "a religious activity without a secular purpose" in violation of the First Amendment. The Tangipahoa Parish School System [official website] allowed The Gideons International to visit one of the district's schools to distribute Bibles in May 2007. The Bibles were not distributed in classrooms and students were not required to take a Bible, but US District Judge Carl J. Barbier ruled Tuesday that: this Court determines that the distribution of Bibles was ultimately coercive as Jane was pressured to accept a Bible in violation of Lee; that distribution of Bibles is a religious activity without a secular purpose in violation of Lemon; and that the distribution by the Gideons amounted to promotion of Christianity by the School Board in violation of County of Allegheny. As a result, the distribution of Gideon Bibles to elementary school children at Loranger Middle School violated the First Amendment of the United States Constitution, specifically, the Establishment Clause. The American Civil Liberties Union of Louisiana, who brought the lawsuit on behalf of the family of a fifth grade student, welcomed the ruling [press release], noting that "We couldn't find a single case from any court in this country holding that Bible distribution to grade school students is constitutionally permissible." A lawyer representing the school board indicated that he expected an appeal to be filed with the US Court of Appeals for the Fifth Circuit, though he told AP that he had not yet consulted with the board on a possible appeal. AP has more.
Earlier this year, a federal judge in Missouri issued a similar ruling [JURIST report], finding that the distribution of Bibles at elementary schools by religious organizations is unconstitutional.


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