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Legal news from Friday, January 7, 2005 |
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UPDATE ~ Jury seated for Abu Ghraib trial
Phillip Hong-Barco on January 7, 2005 2:04 PM ET

[JURIST] Following up on a report this morning in JURIST's Paper Chase, jury selection came to a close Friday after the seating of a 10-man jury in the military trial of Spc. Charles Graner, named by prosecutors as the ringleader of the alleged prisoner abuse at Abu Ghraib prison. The jury, consisting of four officers and six enlisted men, must return seven votes of guilty to warrant the conviction of Graner on the charges of conspiracy to maltreat detainees, assault, dereliction of duty. The jury selection process resulted in the dismissal of two prospective jurors, including Col. Allen Batschelet, who was excused when he told the judge that he was embarrassed to be an Army officer upon seeing the photos. With the jury selection completed, opening statements in Graner's case are scheduled to begin Monday. While Graner's trial is the first, three other soldiers face related prisoner abuse charges. AP has more.


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Sri Lanka bans adoptions to stop post-tsunami abductions, trafficking
Bernard Hibbitts on January 7, 2005 11:37 AM ET

[JURIST] The Sri Lankan government, concerned at reports of abduction and trafficking of children in the wake of the December 26 tsunami disaster that killed over 30,000 in Sri Lanka alone, has announced that adoption of children is illegal until further notice. A government spokesman made the announcement after a cabinet meeting in the capital, Columbo. He went on to say "Not even a Sri Lankan can adopt a child affected by this disaster until the government has come out with their programme...Even if they are relatives, they are not expected to take children without government permission." BBC News has more. As previously reported in JURIST's Paper Chase, UN children's fund group UNICEF has warned about dangers to children orphaned and left homeless in the wake of the international disater, and is working with authorities in Sri Lanka, Indonesia and elsewhere to ensure that child victims are protected against criminal exploitation. On Friday, UNICEF officials confirmed a case of child trafficking in Indonesia after the tsunami involving a 4 year-old boy in the devastated Aceh region who was taken away by a couple falsely claiming to be his parents. Reuters has more.


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Prosecutors drop 2 charges against Graner ahead of Abu Ghraib abuse trial
Bernard Hibbitts on January 7, 2005 11:09 AM ET

[JURIST] Military prosecutors late Thursday dropped adultery and obstruction of justice charges against US Army Spc. Charles Graner on the eve of Friday's start of jury selection in his court-martial trial in connection with abuses of Iraqi prisoners at Abu Ghraib prison in Baghdad. In photos that precipitated an international scandal when they were released early in the spring of 2004, Graner, a former Pennsylvania prison guard and member of the 372nd Military Police Company, is seen posing with naked and abused humiliated Iraqi prisoners, in one picture even giving a thumbs-up sign over a corpse. The decision to drop the two charges in advance of trial may be part of an effort to focus the prosecution's case or may alternatively may reflect a lack of evidence. Charges of conspiracy to maltreat detainees; dereliction of duty for willfully failing to protect detainees from abuse; cruelty and maltreatment; maltreatment of detainees; assaulting detainees; and committing indecent acts stand. Graner's defense is said to be that he was simply following orders, somewhat problematic as under principles developed at the Nuremberg trials after World War II such a defense is impermissible. Graner's is the first Abu Ghraib-related trial to get under way. The court-martial is taking place at Fort Hood, Texas, where other soldiers involved in the abuse scandal, including Graner's colleague and alleged lover Pfc. Lynddie England, are awaiting their trial proceedings. Review the original charge sheet against Graner here. AP has more.


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Congress approves tsunami donations tax break
Bernard Hibbitts on January 7, 2005 8:34 AM ET

[JURIST] The US Senate and House of Representatives Thursday rapidly approved a bill that would give a tax break to donors to tsunami relief efforts by allowing them to claim deductions in the 2004 tax year for donations made prior to January 31, 2005. The measure is designed to encourage fund-raising to help victims of the December 26 disaster in South Asia estimated to have killed over 150,000 people; without it, donations made in January could not have been claimed until tax filings in 2006. The operative text of HR 241 follows: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. ACCELERATION OF INCOME TAX BENEFITS FOR CHARITABLE CASH CONTRIBUTIONS FOR RELIEF OF INDIAN OCEAN TSUNAMI VICTIMS.
(a) IN GENERAL- For purposes of section 170 of the Internal Revenue Code of 1986, a taxpayer may treat any contribution described in subsection (b) made in January 2005 as if such contribution was made on December 31, 2004, and not in January 2005.
(b) CONTRIBUTION DESCRIBED- A contribution is described in this subsection if such contribution is a cash contribution made for the relief of victims in areas affected by the December 26, 2004, Indian Ocean tsunami for which a charitable contribution deduction is allowable under section 170 of the Internal Revenue Code of 1986. The legislation now goes to the President for signature. Reuters has more.


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