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Legal news from Friday, October 22, 2004




Haiti's new government accused of human rights violations
Gretchen E. Moore on October 22, 2004 9:29 PM ET

Speaking to the Organization of American States on Friday, human rights lawyer Renan Hedouville said that human rights violations are still common under the new US-backed regime of Prime Minister Gerard Latortue in Haiti. Illegal arrests without warrants and holding people without charge are events that occur regularly, according to Hedouville. Haitian Justice Minister Bernard Gousse denied the allegations, claiming that the police have only arrested people for crimes or terrorism and not for their political allegiances or any other invalid reason. He also said that the government is trying to improve the "deplorable" prison conditions and instability in the justice system since the ousting of President Jean-Bertrand Aristide in February. AP has more.




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UN not likely to support Iraqi Special Tribunal
Gretchen E. Moore on October 22, 2004 8:25 PM ET

A UN spokesman said Friday that the United Nations is not likely to lend personnel or other support to the Iraqi Special Tribunal set up to try Saddam Hussein and other members of his regime. UN spokesman Stephane Dujarric cited several issues the world body has with the Tribunal, including the latter's authorization of the death penalty and a lack of any mandate for action from UN members. The UN also questions whether its officials, especially those involved in the operation of the International Criminal Tribunal for the Former Yugoslavia at The Hague, should also be involved in the establishment of and participation in a Tribunal that is not a UN body. The UN is also concerned about the ability of the Tribunal to meet international standards of fairness. The UN has more. Meanwhile, preparations are underway for the training of the Iraqi judges and prosecutors who will try Saddam Hussein and eleven of his leading officials. Members of the Tribunal attended seminars in London last week and are receiving training on international law by experts from the US and Britain. In July, Saddam was charged with killing rival politicians, gassing the Kurds (1988), invading Kuwait (1990) and suppressing Kurdish and Shiite uprisings (1991), among other charges. BBC News has more on the charges.




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Four more Guantanamo detainees face military review hearings
Gretchen E. Moore on October 22, 2004 7:33 PM ET

Four more detainees faced Combatant Status Review Tribunals Friday at Guantanamo Bay to determine whether they are properly held as enemy combatants or should be freed. The detainees whose cases were heard today included an alleged Taliban fighter and three men with suspected links to the al-Quaida terror network. AP has more. Human rights advocates, such as the organization Human Rights First, are concerned about the review tribunals - to be distinguished from the military commissions hearing cases against terror suspects who have been formally charged with offenses - because of the prisoners' lack of access to attorneys. They also say the hearings don't satisfy a Supreme Court ruling allowing prisoners to challenge their detentions in civilian courts. JURIST's Paper Chase has more on the status review hearing.




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Judge rejects new trial in Schiavo right-to-die case
Gretchen E. Moore on October 22, 2004 7:33 PM ET

Circuit Judge George W. Greer of the 6th Judicial Circuit of Florida refused Friday to order a new trial in the Terri Schiavo right-to-die case. Terri Schiavo's parents had sought a new trial to determine whether their daughter - in a vegetative state for the past 14 years - would want to be kept alive artificially, in light of the recent declaration by Pope John Paul II stating that people in vegetative states have a right to nutrition and health care. Today's ruling permits Terri's husband to remove her feeding tube, but not until December 6th, giving her parents time to appeal if they choose. Governor Jeb Bush said Friday that he plans to take the Schiavo case to the US Supreme Court. On Thursday, the Florida Supreme Court declined a request to reconsider its September 23, 2004 decision striking down "Terri's Law", empowering the Governor to intervene to maintain the feeding tube despite court rulings. All briefs and documents for this case can be found here on the Supreme Court of Florida's website. AP has more.

Previously in JURIST's Paper Chase:





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Milosevic trial adjourned until November
Phillip Hong-Barco on October 22, 2004 4:48 PM ET

The International Criminal Tribunal for the Former Yugoslavia announced Friday that the trial of former Yugoslav president Slobodan Milosevic is adjourned until Nov. 9 due to an unavailability of witnesses scheduled for next week. Read the ICTY press statement here. Defense witnesses have been particularly problematic throughout the trial, and many have stated that they will not cooperate unless Milosevic is allowed to represent himself again. He his currently being represented by court-appointed counsel, who appealed their appointment earlier this week on the grounds that Milosevic is not co-operating with them. Reuters has more. JURIST's Paper Chase has continuous coverage of the Milosevic trial here.




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Costa Rican court orders former president Calderon held in jail
Phillip Hong-Barco on October 22, 2004 4:11 PM ET

A Costa Rican court ordered Friday that former President Rafael Calderon be held in jail for nine months while officials investigate allegations of corruption. Calderon was detained at the courthouse after testifying in his defense against charges of receiving bribes, illegal enrichment and criminal association. Prosecutors in the case are investigating Calderon's alleged receiving of $450,000 of a $40 million Finnish loan meant to aid Costa Rica in the purchase of medical equipment. Calderon is the second government official detained in the past week. Saturday, a Costa Rican judge ordered former president and recently-resigned OAS Secretary-General Miguel Angel Rodriguez to be put under house arrest while prosecutors discover if he illegally took commissions from government contracts. AP has more.




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Ohio Supreme Court rejects Nader ballot plea
Phillip Hong-Barco on October 22, 2004 3:31 PM ET

The Supreme Court of Ohio Friday rejected a request by independent presidential candidate Ralph Nader to get his name on Ohio's ballot for the upcoming Nov. 2 election. In an attempt to validate election petitions, Nader attorneys had urged the court to force the election board into reviewing voter registration lists. In the 6-1 unsigned opinion, the court stated that the campaign's 31-day delay in raising its claim was too long and that granting relief now "would endanger Ohio's election preparations." Read the opinion here [PDF]. JURIST's Paper Chase has covered Nader's similar legal battles in Pennsylvania here. Read Nader's reaction to the decision here. AP has more.

UPDATE: The Nader campaign is submitting a petition against the Ohio ruling to the US Supreme Court. Additional documents related to Nader's effort to get on the Ohio ballot can be found here.




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French judge opens investigation of fourth Total executive
Chris Buell on October 22, 2004 2:01 PM ET

A French judge has begun an investigation of a Middle East official for oil company Total based on suspicions that the company used bribes to gain access to new markets. Alain Le Chevalier is the fourth Total executive facing legal proceedings brought by judge Philippe Courroye (profile in French from L'Express), who began investigating the company in 2002 on allegations of money laundering to enable the company to pay bribes to gain access to Russia and Iraq. AP has more.




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Corporations and securities brief ~ Spitzer targets music industry in new probe
Amit Patel on October 22, 2004 1:56 PM ET

In Friday's corporations and securities law news, New York Attorney General Eliot Spitzer has begun an inquiry into some of the world's biggest music firms. The inquiry focuses on how songs make it on radio station play lists. Spitzer has subpoenaed EMI, Universal Music, Sony BMG and Warner Music requiring the companies to hand over contracts, invoices, and other documents. EMI announced it will cooperate with the probe. BBC News has more.

In other news, Marsh & McLennan Cos. is expected to force Chief Executive Officer Jeffrey Greenberg to quit in the wake of New York Attorney General Eliot Spitzer's investigation of the insurance giant. The move is expected to clear the way for settlement talks. Jules Kroll, the former head of a private investigation group, is expected to take over as interim chief executive. Read the Spitzer complaint here [PDF]. The Financial Times has more.... As previously reported on JURIST's Paper Chase, Citigroup announced the SEC is considering charging two former employees and one current employee on charges relating to the creation and operation of an internal transfer agent for the Smith Barney family of funds. Transfer agents, which typically keep shareholder records and issue new share certificates, are governed by SEC regulations. AP has more.... US Airways' pilots' union accepted a new labor contract where the pilots will accept an 18% pay cut on average. The move is expected to save $300 million for the troubled airline. AP has more.

  • click for previous corporations and securities law news




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    SEC could charge former execs, Citigroup says
    Chris Buell on October 22, 2004 1:36 PM ET

    Financial giant Citigroup said Friday that two former executives and a current employee may be charged by the Securities and Exchange Commission in connection with a failure to forward a $16 million payment to Citigroup's Smith Barney mutual funds group. One of the executives who could face charges is Thomas Jones, previously chief of the company's investment management division, whose departure from the company was announced earlier this week in connection with an investigation by Japanese financial authorities. Company officials said Jones' departure was not linked to the possible SEC charges. A memo from Citigroup COO Bob Willumstad on Friday said that Jones and two other executives had received Wells notices from the SEC, which means charges may be forthcoming. Bloomberg has more.




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    UN official in Iraq says elections are on track
    Chris Buell on October 22, 2004 1:08 PM ET

    The top UN elections official in Iraq has said that elections scheduled for January are on track and the results will be credible whether international observers are present or not. The presence of observers for the elections has been in doubt due to the security situation in the country. Carlos Valenzuela, of the UN Independent Electoral Commission, said Thursday the observers only served a symbolic role though. Valenzuela also defended the UN against accusations that it has not done enough to aid in the elections preparation. About 10 UN elections experts are currently in Iraq, and 15 more are expected in early January. UN Secretary General Kofi Annan said Thursday that January elections were still technically possible, although it was up to Iraqis whether to proceed with the plans. The UN has more on Iraq. AP has more.




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    BREAKING NEWS ~ President Bush signs sweeping corporate tax reform bill
    Chris Buell on October 22, 2004 11:25 AM ET

    AP is reporting that President Bush has signed the American Jobs Creation Act of 2004, a sweeping corporate tax reform bill offering $136 billion in tax breaks to businesses. The legislation, which also aims to address trade issues with the EU, was approved earlier this month by Congress. Read the White House press release on the bill. JURIST's Paper Chase has more on the tax bill here and here.

    UPDATE: An AP story is now available.




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    International brief ~ Four charged in Nigerian president assassination plot
    D. Wes Rist on October 22, 2004 11:24 AM ET

    Major Hamza al-Mustapha - Courtesy of Independent Online
    Four men - three military officials and one civilian businessman - were charged Thursday with the attempted assassination of Nigerian President Olusegun Obasanjo. The charges allege that the four, led by Major Hamza al-Mustapha, attempted to purchase a Stinger ground-to-air missile to shoot down Obasanjo's helicopter in April. Mustapha was the head of security under former Nigerian military dictator Sani Abacha (profile here) and has been in government custody since the restoration of the civilian government in 1999. The prosecution claims that even though in custody, Mustapha held meetings in prison to facilitate the coup attempt. All four pleaded not guilty to charges of treason, attempted murder and overthrow of the legitimate government. The East African Standard has more.... Efforts are underway in Russia Friday to determine the makeup of a court that will retry four military officer charged with war crimes in Chechnya. The four were acquitted in an earlier trial, but the prosecution appealed the ruling on the grounds that it was legally inconsistent with current legislation. The Military Collegium of the Russian Supreme Court ordered a retrial. The defendants are charged with murder, abuse of power and war crimes for killing innocent civilians in Chechnya. The defendants are arguing for a jury trial, which counsel for the victims opposes. The prosecution wants the trial to be held in Chechnya, while the defence claims that would create an unfair trial. Itar-Tass has more.... UN Under-Secretary-General for Humanitarian Affairs Jan Egeland addressed the Security Council Thursday about the deteriorating humanitarian situation in Uganda. Egeland called the continued violence between the government and the rebel group Lord's Resistance Army (LRA profile here) a "moral outrage," citing the 90 percent displacement rate of local villagers and the 20,000 kidnappings of children in the area to be used either as hostages or as conscripted soldiers. Egeland also raised concerns over the security of the few humanitarian workers in the area currently, calling for peacekeepers in the region to ensure the safety of the UN's humanitarian efforts. Egeland said the current progression of peace talks in Sudan will help calm the strife in Uganda, as there was spillover from that conflict into Uganda. The Ugandan government has claimed that it has the situation under control and that the UN should not send peacekeepers. JURIST's Paper Chase has background on the violence in Uganda here and Sudan here. Voice of America has more.... The UN Cameroon-Nigerian Mixed Commission finishes two-day talks Friday on how to peacefully enforce an International Court of Justice ruling (text here)that required Nigeria to hand over control of the oil-rich Bakassi peninsula to Cameroon. The Nigerian government had agreed to hand over the region on September 15 of this year, but refused to do so for 'unspecified technical reasons.' The UN Commission is aimed at facilitating the transfer of control over the region to Cameroon without causing regional violence. JURIST's Paper Chase reported on the original refusal here. South Africa's Independent Online has more.



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    Environmental brief ~ Japan considers household environmental-impact tax
    Tom Henry on October 22, 2004 11:10 AM ET

    In Friday's environmental law news, Japan is considering a new "Environment Tax" for the fiscal 2005 year that would charge individual households and companies based on the amount of gasoline, gas and other types of fossil fuels they use. The tax was proposed by the Environment Ministry and will now be considered by the Central Environment Council. The expected revenue is proposed to implement policies of the Kyoto Protocol. The Japan Times has the story. In other news, officials from the US and Japan have agreed to extend their meeting on ending Japan's ban on US beef imports. Japan enacted the ban in December 2003, following the first case of "mad-cow" disease (BSE) in the US. US officials have said that complying with Japan's demand that all US-bred cows be tested for the illness would be costly and ineffective, and hope to reach a settlement under different terms. AP has the story.... The Republic of Ireland's Environmental Protection Agency has announced it will begin to stringently enforce its laws regarding illegal waste transportation and dumping. Contractors from the Republic have been illegally crossing the border and dumping trash into Northern Ireland. BBC has the story.... US Department of the Interior Secretary Norton announced the creation of an Enforcement Committee to aid the Indian Arts and Crafts Board in investigating the sale of fraudulent American Indian products. Enforcement to protect the authenticity of native crafts is proceeding under the Indian Arts and Crafts Act. The DOI press release is here.




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    BREAKING NEWS ~ Russia ratifies Kyoto Protocol
    Matt Lubniewski on October 22, 2004 10:12 AM ET

    BBC is reporting that the Duma, the lower house of the Russian parliament, ratified the Kyoto Protocol on Friday. This marks a major step forward for the long-delayed international climate treaty, as full Russian ratification would push the UN pact over the threshold of 55% of developed nations' emissions, and make the Kyoto Protocol internationally binding. The bill must still clear the upper house, and be signed by one of its key advocates, Russian President Vladimir Putin.




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    Trial date set for fourth soldier in Abu Ghraib scandal
    Matt Lubniewski on October 22, 2004 9:55 AM ET

    A military court on Friday ruled that Specialist Charles Graner will face court-martial on January 7, on charges including assault and cruelty involving Iraqi prisoners at the Abu Ghraib prison. Graner, a reservist MP, claims he was only following orders to intimidate prisoners before interrogation. Fellow accused soldiers have named Graner, who was formerly a civilian prison guard, a co-ringleader of the prisoner abuse. Staff Sergeant Ivan Frederick received an eight year jail sentence on Wednesday for his role at Abu Ghraib. Sergeant Javal Davis, similarly accused, will plead not guilty to seven charges of assault and maltreatment of detainees. His court martial is set to start later on Friday. Reuters has more.

    Previously in Paper Chase:

    UPDATE: The trial date for Sergeant Javal Davis has been set for February 1. An official press release from US Central Command on today's proceedings in both the Graner and Davis cases is now available here.




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    French court sends Sikh turban case back to school
    Matt Lubniewski on October 22, 2004 9:40 AM ET

    A French administrative court ruled Friday that the case of three Sikh boys, who were expelled for wearing under-turbans to school, should be referred back to their school for further mediation. The French Sikh community claims that the under-turban is a fair compromise between religious freedom and France's new ban on religious symbols in public school. The court narrowly confined its ruling to the Sikh students, and did not comment on the Muslim students who have been expelled for wearing headscarves. At least seven girls were expelled this week for refusing to remove their headscarves in class. Some are considering legal appeals. Other schools in France have accepted the under-turban, which is more concealed. Critics say that the law should not be applied differently for different religions. BBC has more.

    Previously in Paper Chase:





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    UK court says doctors can let baby die
    Matt Lubniewski on October 22, 2004 9:06 AM ET

    The British High Court ruled Friday that doctors can withold certain treatment from a terminally-ill baby if his condition deteriorates. Luke Winston-Jones, nine months old, suffers from a rare condition called Edwards Syndrome. Most babies with the condition do not survive beyond one year. The High Court ruled that doctors should not use mechanical ventilation to resuscitate Luke. The court said that Luke could still receive cardiac massage, if necessary. Luke's mother, Ruth Winston-Jones, insisted that Luke should not be allowed to die through witholding of an available treatement. After Luke's mother and doctors failed to come to an agreement on treatment, the hospitals in charge of Luke's care sought a declaration from the courts as to what treatments to apply, and which to withold. BBC News has more. Earlier this month, the High Court ruled that baby Charlotte Wyatt was in such poor condition that she should not be resuscitated if she stopped breathing. The recent decisions have sparked a serious debate about medical ethics in the UK concering the right to die. In January, the Assisted Dying for the Terminally Ill Bill was introduced in Parliament. The bill would make it legal for physicians to assist certain terminally-ill patients in dying. A recent survey suggests that 45% of doctors believe that colleagues are currently, and illegally, helping these patients die anyway.




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    Election watch ~ US Supreme Court to rule on Nader PA ballot appeal
    Chris Buell on October 22, 2004 8:30 AM ET

    The US Supreme Court is expected to rule quickly on an application by Presidential candidate Ralph Nader to stay a Pennsylvania Supreme Court decision barring him from the state ballots on Nov. 2. On Tuesday, the PA high court upheld a previous Commonwealth Court ruling on the matter. Justice David Souter has requested that state officials file their response to Nader's petition by 2:30 PM ET today, Friday. Nader is arguing that the PA court wrongly excluded about 15,000 signatures from his petition for ballot access. Read the original PA Commonwealth Court ruling here [PDF]. AP has more.... The Ohio Supreme Court has ruled that a constitutional amendment ban on same-sex marriage should appear on ballots in the state for the Nov. 2 election. In a 6-1 ruling Thursday, the court held that procedural challenges to the referendum by gay rights groups were not made by the September deadline. Read the full opinion [PDF]. The Toledo Blade has more.... The Florida Department of Law Enforcement has established a statewide task force to deal with complaints of voting fraud, which it has already received in six counties. A department spokesman said most of the problems were tied to registration forms turned in by get-out-the-vote groups hire people to register voters. Read a press release on the announcement. The Tallahassee Democrat has more. .... Michigan election officials have expressed concern that a federal court ruling that provisional ballots need only be cast in the voter's home county rather than home precinct for their votes on federal offices to count could confuse voters. Michigan officials said voters may believe their entire ballot would count in such a situation, but votes for state officials would not be counted. They are appealing the Tuesday ruling [PDF] by District Judge David Lawson. More on voting in Michigan is available from the Secretary of State. AP has more.... A federal district judge in Florida has ruled that provisional ballots not cast in a voter's home precinct should not be counted. The ruling, made Thursday, reached the same result as the Florida Supreme Court earlier this week. State Democrats had challenged the restriction, arguing that it would disenfranchise voters who did not know the correct precinct to go to. AP has more.




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    Three Gitmo military commission judges removed after challenge
    Bernard Hibbitts on October 22, 2004 7:42 AM ET

    Three members of the military commission set up to try terror suspects held at Guantanamo Bay, Cuba, have been removed after defense challenges to their qualifications, pursuant to a decision handed down Thursday by the Appointing Authority for Military Commissions, John T. Altenburg, Jr.. During initial commission proceedings in late August, military counsel for Australian detainee David Hicks and Yemeni Salim Ahmed Hamdan challenged the fitness, legal qualifications and/or impartiality of three of the four commission members, the alternate member, and presiding judge Col. Peter E. Brownback. Altenburg's decision reduces the number of sitting commissioners on the Hick and Hamdan cases to the minimum 3; other commissioners will be appointed to fill the vacancies on the five-member panel when it hears other cases. In an interview Friday with the Australian Broadcasting Corporation, Hicks civilian counsel Josh Dratel said that in the wake of the decision his client's situation was in fact worse, not better:

    Well, it should have improved the position of David Hicks because these people should have been replaced. But in fact what it does now, is it worsens his situation because by not replacing them, they create a situation where the presiding officer's influence becomes much greater.

    Our objection was that he's a lawyer – they're not. He's going to dominate the legal issues and the legal questions and the legal decisions. Now, his domination is much more acute because he's only dealing with two persons who can challenge him, rather than four.

    You know what I mean? When you have four non-lawyers on the panel, maybe they can get together and develop an independent point of view than what the presiding officer has on questions of law.
    Listen to the the full ABC interview with Dratel here. The full text of Altenburg's ruling is online from the Pentagon here [PDF]. Read the official Defense Department press release here. AP has more.




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    Legal agenda and live webcasts ~ Friday, October 22
    Jeannie Shawl on October 22, 2004 5:40 AM ET

    Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Friday, October 22.

    The US House and Senate are in recess until Tuesday, November 16.

    Today is the deadline for voter registration in Alabama and Nebraska.

    The Russian Duma is expected to vote today on whether to ratify the Kyoto Protocol on Climate Change. A vote in favor of ratification means that the Kyoto Protocol will take effect early next year. Environmental Defense has a press release on the anticipated vote.

    The defense case continues today in the trial of Enver Hadzihasanovic and Amir Kubara at the International Criminal Tribunal for the former Yugoslavia at The Hague. Listen to audio beginning at 9:30 AM local time (3:30 AM ET); for witness protection, there is a 30-minute tape delay. The ICTY has background on the case.... Also today at the ICTY, the trial of Naser Oric continues. Listen to audio beginning at 9:30 AM local time (3:30 AM ET); for witness protection, there is a 30-minute tape delay. The ICTY has case information.

    At the United Nations, the Security Council will meet at 10 AM ET to discuss the situation in the Middle East, including the Palestinian question. The Security Council will also meet again at 3 PM ET to discuss the situation in Cyprus.... The General Assembly will meet at 10 AM ET for debate on cooperation between the UN and regional and other organizations. Watch a live webcast.... Heraldo Munoz, Chairman of the Security Council committee established to oversee implementation of sanctions imposed on Al-Qaida and the Taliban, and Lauro Baja, Permanent Representative of the Philippines, will hold a 12:30 PM ET press conference on their trip to the Philippines, Cambodia, Thailand and Australia. Watch a live webcast.




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