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Legal news from Friday, January 2, 2009




Treaty required for extradition of Mumbai attack suspects: Pakistan
Lucas Tanglen on January 2, 2009 4:19 PM ET

[JURIST] Pakistan on Friday said a bilateral extradition treaty would be required if it were to transfer Mumbai terror attack [BBC backgrounder] suspects to India. Pakistani Foreign Minister Shah Mehmood Qureshi [official profile] said in a television interview that no such treaty exists [PTI report] and that it will not transfer the suspects without one. India has claimed that such an agreement is not necessary [press release] because international conventions and Pakistan's membership in the South Asian Association for Regional Cooperation (SAARC) [official website] provide a basis for handing over the suspects. Lashkar-e-Taiba (LeT) [ADL backgrounder], the Pakistani group blamed for the attacks, denied [AFP report] that a senior member had confessed to the Pakistani government [Wall Street Journal report] about the group's involvement.

The attacks in Mumbai, which claimed at least 170 lives, were carried out at ten locations across the city, including the landmark Taj Mahal Palace hotel [hotel website]. In December, Pakistani officials said they would not hand over [JURIST report] to India any Pakistani citizens arrested in connection with the attacks, insisting instead on a joint investigation with Indian officials. Early in December, Pakistani police raided a militant camp [JURIST report] and arrested Zaki-ur-Rehman Lakhvi, the head of LeT, along with several other individuals believed to be responsible for the attacks. Days after the attacks, Indian Prime Minister Manmohan Singh convened a meeting [JURIST report] of all political parties in order to gather national support for a plan to strengthen security in the country.






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China police detain parents of children sickened by tainted milk
Lucas Tanglen on January 2, 2009 3:11 PM ET

[JURIST] Police in China detained five parents of children who became sick after drinking melamine-tainted milk [JURIST news archive], preventing the parents from participating in a Friday news conference. One of the parents said that they had been given no reason [Reuters report] for their detention. Other parents were allowed to host the news conference [AFP report], calling for research into the long-term effects of melamine [FDA backgrounder], which has sickened almost 300,000 children and killed at least six who drank contaminated milk. The Chinese Ministry of Health [official website] said it would continue to give free treatment [Xinhua report] to infants who have fallen ill after drinking tainted milk, and 22 Chinese dairy firms apologized to the public [Xinhua report] for the scandal via text message. Also on Friday, New Zealand dairy company Fonterra denied reports [Straits Times report] that Tian Wenhua, the head of its joint venture in China, had pleaded guilty [JURIST report] to charges related to tainted milk.

More than 17 defendants have faced criminal charges in connection with the contamination. The trial of four suspects began on Monday, and the trial of another six [JURIST reports] began last week. On Tuesday, it was announced [JURIST report] that Sanlu Group [Research and Markets profile] and 21 other dairy companies involved in the contamination were expected to pay $160 million to the families of injured children. News of possible milk powder contamination broke in September [Guardian report], following the death of an infant and reports that at least 50 other infants had fallen ill after consuming baby formula, leading to massive recalls [BBC report] of both liquid milk products and milk powders.






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Russia president approves law ending jury trials for treason and terrorism
Devin Montgomery on January 2, 2009 11:19 AM ET

[JURIST] Russian President Dmitry Medvedev [official website] on Thursday signed into law [press release, in Russian; RT report] amendments [text, in Russian] to the country's penal code ending jury trials for terrorism or treason suspects and giving prosecutors broader investigative authority on terrorism or treason related cases. The suspects will now be tried by a panel of three judges. Proponents of the changes say they will strengthen the government's ability to combat terrorism, and the amendments easily passed [JURIST report] both houses of the Russian parliament, the State Duma [official website, in Russian] and the Federation Council [official website], last month. Critics of the changes say they will decrease transparency [JURIST report] in the Russian judicial system, particularly if another law expanding the definition of treason [JURIST report] is passed. Opponents also say the combination of the two measures could allow the government to take unchecked action [LA Times report] against political dissenters.

Both measures follow what has been seen as a general Russian trend towards increased government power. In July 2007, then-President Vladimir Putin approved tough amendments to Russia's law against extremism [JURIST report]. An international panel of jurists reported earlier that year that expanded Russian anti-terrorism laws were leading to human rights abuses [JURIST report]. In 2006, Putin signed a bill [JURIST report] giving Russian police and military broad authority to tap telephone conversations and control electronic communications in the vicinity of counter-terror operations, shoot down hijacked planes threatening public places or strategic facilities, and deal with the aftermath of terrorist attacks.






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Australia 'unlikely' to accept foreign Guantanamo detainees
Devin Montgomery on January 2, 2009 9:59 AM ET

[JURIST] Australian acting prime minister Julia Gillard [official profile] on Friday said it was "unlikely" that the country would accept foreign detainees [press release] released from the Guantanamo Bay [JURIST news archive] military prison, but that her country was considering a second request to do so by the administration of US President George W. Bush [official website]. Gillard's statement comes after opposition leader Malcolm Turnbull [official website] strongly criticized [press release] a reported decision [Australian report] by the government of Australian prime minister Kevin Rudd [official website] to accept the detainees. In her statement, Gillard said that Australia had not agreed to accept the detainees, but was considering the move:

The Bush Administration first approached Australia in early 2008 with a request to resettle a small group of detainees from Guantanamo in Australia. After appropriate consideration, Australia declined to allow resettlement of that small group in Australia.

The Bush Administration approached Australia again in early December 2008 with a second request to assist with relocation. Australia, as an ally of the United States, is examining this second request. Notwithstanding that it is unlikely Australia would accept these detainees, given the fact that the Bush Administration has formally approached Australia with this request, the request demands proper consideration.
A Friday report in the Australian quoted [report text] US major general and former military commission [JURIST news archive] appointing authority John Altenburg [DOD profile, PDF] as warning that other detainees had gone "back on the battlefield" after being released [JURIST report] from the base. Australia has already accepted the return for former detainee and Australian citizen David Hicks [JURIST news archive], but announced [JURIST report] that it would also consider accepting detainees with no connection to the country last week.

Britain, Germany, Ireland, and Portugal [JURIST reports] have already said they will consider taking in released Guantanamo detainees, although other countries have been notably reticent [JURIST report]. On December 18, US Secretary of Defense Robert Gates ordered the Pentagon to draft a proposal for shutting down [press release; JURIST report] the military prison at Guantanamo Bay in preparation for a possible order from President-elect Barack Obama. The US government has reportedly been in contact with some 100 foreign governments asking them to consider taking in detainees who it says cannot be returned to their home states.





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