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Legal news from Thursday, January 27, 2005




Former Gitmo soldier describes sexual interrogation tactics
Russell Adkins on January 27, 2005 9:32 PM ET

[JURIST] Female interrogators at the US military prison camp at Guantanamo Bay used various sexual tactics, including touching, provocative attire, and even smearing a prisoner's face with fake menstrual blood in their attempts to obtain information from Muslim detainees, according to a report written by a former Army Sgt. Erik R. Saar, who worked as a translator at the secretive camp from Dec. 2002 to June 2003. The sexual tactics were an apparent attempt to use the detainees' Muslim beliefs in order to elicit information. Muslim law strictly forbids men to have contact with women other than their wives and family. AP, which obtained the report, has more. Saar's manuscript seems to generally corroborate a claim made by soon-to-be-released Gitmo detainee Mamdouh Habib [JURIST report], an Australian national, that detainees were tortured by "prostitutes" during their detention.






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FCC won't appeal Third Circuit ruling on media ownership restrictions
Russell Adkins on January 27, 2005 8:52 PM ET

[JURIST] Fearful that going before the Supreme Court could jeopardize the entirety of its media ownership limits, the FCC [agency website] will not seek to challenge a ruling by the US Court of Appeals for the Third Circuit [court homepage] tightening ownership rules for media conglomerates in US markets. The court's decision thwarts the FCC's 2003 efforts to relax media ownership rules and allow for cross-ownership of multiple media outlets and ownership of two or three television stations in some larger markets. The Third Circuit ruled last year that the FCC's justification for the changes was insufficient and put the new rules on hold until the agency took up the court's concerns. The National Association of Broadcasters and the Tribune Co. are expected to file their own appeals. Reuters has more. The Third Circuit has made available a number of documents [some PDF] pertaining to the media ownership case, including the court order [PDF].






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US lawmakers call for pressure on Sudan to halt violence
Russell Adkins on January 27, 2005 7:38 PM ET

[JURIST] Responding to violence in Sudan's western Darfur region [Human Rights Watch backgrounder] that has claimed some 70,000 lives, US lawmakers gathered on Capitol Hill Thursday to call on world leaders to put pressure on both rebels and government forces to halt the bloodshed. Disturbed by what they had seen during visits to camps for Sudanese refugees, the delegation from the House of Representatives called on the UN Security Council to impose sanctions, calling the situation a problem of global importance. The legislators also suggested the expansion of an African Union peacekeeping force currently in southern Sudan. Review the statement [transcript] of delegation leader Rep. Ed Royce, R-Cal., chairman of the House International Relations Committee Subcommittee on Africa [official website]. AP has more.






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BREAKING NEWS ~ First overseas votes cast in Iraq election
Jeannie Shawl on January 27, 2005 3:16 PM ET

[JURIST] AP is reporting that overseas voting has started in the Iraqi elections. Polls opened to expatriate Iraqis in Australia at 7:00 AM local time on Friday, January 28. The Iraq Out-of Country Voting Program [official website] has more.






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UN panel criticizes Mexico for unsolved murders of women
Jeannie Shawl on January 27, 2005 3:08 PM ET

[JURIST] The UN committee charged with monitoring the implementation of the Convention on the Elimination of All Forms of Discrimination against Women [background and text; committee website] released a report Thursday accusing Mexico of "grave and systemic violations" of women's rights. The Committee's criticisms of Mexico stem from hundreds of unsolved killings of women along the Mexico-US border and the fact "that it has not yet been possible to eradicate them, to punish the guilty and to provide the families of the victims with the necessary assistance." In response to the report, the Mexican government acknowledged that the over 300 murders "constitute a breach of women's human rights" and said the problem was caused by "entrenched cultural patterns of discrimination." Read the CEDAW report on Mexico [PDF text], which includes Mexico's formal response. Reuters has more.






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Ex-McGreevey fundraiser sentenced to prison
Amit Patel on January 27, 2005 1:46 PM ET

[JURIST] David D'Amiano, a Democratic fund-raiser and acquaintance of former New Jersey Governor James McGreevey [Wikipedia profile], was sentenced to two years in prison Thursday for his part in soliciting $40,000 in cash and political contributions in return for his help in a land deal. McGreevey was not charged in the case but this was one of the scandals surrounding the governor prior to his resignation. D'Amiano had pleaded guilty to two counts of mail fraud in September. The original indictment [text] had also accused him of extortion and bribery. McGreevey acknowledged that he was "state official 1" referred to in the indictment but denied using code words as a way to assure the landowner of his involvement. AP has more.






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Israel Attorney General rules state land must be sold to Arabs as well as Jews
Amit Patel on January 27, 2005 1:04 PM ET

[JURIST] Israel's Attorney General Menahem Mazuz [official biography] has ruled that Israeli land parcels under the control of the Jewish National Fund [official website] and the Israel Lands Administration [official website] must be available for purchase by Arabs as well as Jews. Until now, the land was only sold to Jews. Mazuz announced the decision Wednesday in response to a petition submitted to the High Court of Justice protesting the traditional policy. Mazuz says he believes the old policy could not be defended in court. The Jerusalem Post has more.






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International monitors to "observe" Iraq elections from Jordan safe haven
Chris Buell on January 27, 2005 12:45 PM ET

[JURIST] The International Mission for Iraqi Elections [official website] scheduled to monitor Sunday's elections in Iraq will not have any personnel at polling stations around Iraq itself due to security concerns. Instead, most IMIE observers will report on the election results from Amman, Jordan. Meanwhile the Iraqi electoral process is still very much in doubt as candidates have been unable to campaign, many voters seem ill-informed or downright fearful [IRIN report] and the locations of polling stations have not been disclosed due to the threat of violence. On Thursday, however, the Kurdish speaker of the Iraqi Transitional National Assembly said he expected at least 65 percent turnout for the elections, according to a report in the Baghdad-based Azzaman newspaper. That figure is substantially higher than other recent predictions; in his own Wednesday press conference [White House transcript] President Bush refused to predict a turnout level or indicate what level might constitute a successful poll. Read an IMIE press release on the upcoming vote. The UN has more on the Iraqi elections. London's Evening Standard has more.






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Corporations & securities brief ~ First Parmalat trial begins
Amit Patel on January 27, 2005 12:33 PM ET

[JURIST] Leading Thursday's corporations and securities brief,The trial of two former Parmalat [corporate website] auditors, Maurizio Bianchi and Lorenzo Penca, who both worked for auditing firm Grant Thornton, began today in Milan, Italy. This is the first trial since the massive fraud scandal at the dairy giant came out. The two are charged with market rigging, providing false accounting information and blocking the work of the Italian stock market regulator. Another Italian judge is still deciding on indictment requests for 27 other people including former Parmalat chief executive Calisto Tanzi. AP has more.

In other news...

  • Despite years of financial struggles, SBC Communications Inc. [corporate website], the nation's second-largest regional phone company, is in talks to buy AT&T Corp. [corporate website] for at least $15 billion. AP has more.

  • The New York Stock Exchange [official website] Chief Executive John Thain announced the exchange is in talks with its members to extend its hours to make it more attractive to European investors. Thain also supported comments [text] made by SEC Chairman William Donaldson [SEC biography] that the SEC would consider giving foreign companies more time to meet the deadline for reviewing their internal accounting controls. AP has more.

  • As previously reported on JURIST's Paper Chase, Riggs Bank [official website] has pleaded guilty to money laundering charges and agreed to pay $16 million. The charges stem from the bank's handling of finances for diplomats and foreign officials, including former Chilean dictator Augusto Pinochet. Riggs was implicated in a report on money laundering and foreign corruption [text, PDF] last summer by the US Senate Permanent Subcommittee on Investigations of the Committee on Governmental Affairs. Bloomberg has more.

  • The US Court of Appeals for the Third Circuit [official website] has ruled that a federal judge may have been too generous when he awarded more than $31 million in fees to the lawyers who reached a $126 million settlement in a class action suit related to accounting frauds at Rite Aid Corp. Read the opinion [PDF]. Law.com has more.
Click for previous corporations and securities law news.





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US soldier to plead guilty in Iraqi abuse case
Chris Buell on January 27, 2005 12:15 PM ET

[JURIST] US Army Sgt. Javal S. Davis [CBS News profile] will plead guilty to reduced charges next week after reaching a deal with prosecutors, Davis' attorney Paul Bergrin said Thursday. Davis had been charged [charge sheet] with maltreatment of detainees and other charges in the Abu Ghraib prison abuse scandal, but he will instead plead guilty to simple assault and making false statements. Davis faces a maximum 1 1/2 year prison sentence under the deal, rather than the 8 1/2 years he could have been sentenced to under the old charges. The deal must still be approved by Lt. Gen. Thomas Metz, the top US commander in Iraq. Davis' court-martial is scheduled to begin Tuesday at Fort Hood, TX. A breakthrough in negotiations came after Spc. Charles Graner Jr. was convicted [JURIST report] on abuse charges stemming from events at Abu Ghraib. Bergrin planned to use a similar defense in Davis' case. AP has more.






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BREAKING NEWS ~ Riggs Bank pleads guilty to money laundering
Chris Buell on January 27, 2005 11:51 AM ET

[JURIST] Reuters is reporting that Riggs Bank [official website] has pleaded guilty to money laundering charges and agreed to pay $16 million. The charges stem from the bank's handling of finances for diplomats and foreign officials, including former Chilean dictator Augusto Pinochet. The plea could jeopardize a takeover deal with PNC Financial Services Group [official website]. Riggs was implicated in a report on money laundering and foreign corruption [text, PDF] last summer by the US Senate Permanent Subcommittee on Investigations of the Committee on Governmental Affairs. AP has more on the anticipated charges.






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Suspect in LA train derailment faces multiple murder charges, death penalty
Chris Buell on January 27, 2005 11:25 AM ET

[JURIST] A man suspected of causing a train derailment in Los Angeles was charged Thursday with 10 counts of murder and could face the death penalty, according to LA County District Attorney Steve Cooley [DA's website]. Juan Manuel Alvarez, who authorities said was suicidal, allegedly parked his SUV on the tracks but then changed his mind and left it. The resulting derailment of a commuter train left 11 dead and almost 200 injured. Cooley said Alvarez may be charged with another murder count after another victim was found dead in the wreckage. Under California law, murder charges [CA Penal Code text] with special circumstances mean the death penalty may be considered for a suspect. Read a statement from the DA's office. The Los Angeles Times has more coverage of the incident [registration required]. AP has more.






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Environmental brief ~ Tyson foods settles suit over air pollution from chicken farms
Tom Henry on January 27, 2005 11:20 AM ET

[JURIST] In Thursday's environmental law news, Tyson Foods [corporate website] has settled a lawsuit brought by the Sierra Club and three Kentuckians over the air pollution from 80 chicken houses. The company agreed Wednesday to fund a study of the emissions from chicken houses and paid the individuals undisclosed amounts. Tyson had taken the position that environemental liability lay with the individual contract farmers, a position the US District Judge ruled against. Emissions from chicken houses are not currently considered air pollution nor regulated by the EPA. Read the Tyson press release. The Arkansas Democrat Gazette has more.

In other news,

  • Chinese officials have ordered 30 construction projects stopped because the required environmental impact assessments had not been completed before the projects began. Twenty-two of the companies have complied with the order, and have paid penalty fees. The other 8 have continued construction, disregarding the government orders. It is not yet known what the fate of the 8 projects will be, nor when or if the other 22 will resume construction. Reuters has the full story.

  • China's National Development and Reform Commission [official website, in Chinese] has announced that new fines for illegal mining go into effect today. Companies engaging in illegal mining could face fines that are a six-fold increase over current penalties. China is also preparing new coal mining legislation to raise safety conditions in mines. China's miners face a 100 times greater fatality rate than in the US. Reuters has more.

  • A deal between Australian home products manufacturer James Hardie Industries [corporate website] and the Australian government to set up a compensation fund for potential asbestos-effected claimants is facing derailment by claims from other countries. Hardie had used asbestos in some of its products until the 1980s, and also had manufacturing plants in New Zealand, Malaysia, and Indonesia. A statutory compensation plan has already been set up in New Zealand, but the company is concerned about the possibility that the Australian fund will be accessible to non-citizens- which could allow for claimants from many countries, including New Zealanders. The Adelaide Advertiser has the full story.

  • The US Fish and Wildlife Service (FWS)[official website] is considering appealing the air-pollution permit of the proposed Prairie State power plant [corporate website] issued by the state of Illinois. The FWS had issued an adverse impact statement on the plant, finding that it would cause haze and acid rain at the Mingo National Wildlife Refuge [official website] which lies about 85 miles away. The FWS and the state tried to negotiate the terms of the permit, but the agencies strongly disagree on the impact of the plant's expected emissions and on the controls necessary to reduce those emissions. The Saint Louis Post Dispatch has the full story.

  • Some Boston city council members have introduced a measure that would block the construction of a Level 4 biosafety lab [general description of differences in biosafety levels] by Boston University (BU). The lab has already been approved by the zoning board. Opponents of the lab are questioning its safety, particularly in the wake of 3 cases of tularemia [CDC factsheet] exposure that occurred at BU's current Level 2 biosafety lab. The Boston Globe has more.





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Afghan parliamentary elections face possible delay, foreign minister says
Chris Buell on January 27, 2005 11:09 AM ET

[JURIST] Parliamentary elections in Afghanistan [JURIST news archive] set for this spring may be delayed by up to two months due to technical problems, Afghan Foreign Minister Abdullah [Afghan Ministry of Foreign Affairs website] said Thursday. Although many observers have previously warned of potential delays [JURIST report], Abdullah's comments are the first by a government official acknowledging that elections might not occur by the May 20 deadline. The delay has been blamed on the difficulty of organizing the elections, which require the completion of a nationwide census and includes more candidates than the October presidential election. Abdullah made the comments while attending the World Economic Forum [official website] in Davos, Switzerland. AP has more.






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Israel to release 900 Palestinian prisoners
Brandon Smith on January 27, 2005 10:39 AM ET

[JURIST] Israel has preliminarily agreed to release around 900 Palestinian prisoners [prisoners advocacy website] in the near future, a senior Palestinian officer said Thursday. Palestinian authorities reportedly requested the release of 5000 prisoners, but the two sides agreed on the lesser total. Nearly 8000 Palestinians are currently held in Israeli prisons and their release has been a major demand for Palestinian militant factions before agreeing to a cease fire. The identities of the prisoners to be released and criteria for the release have yet to be determined. AFP has more.






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Palestinians institute weapons ban
Brandon Smith on January 27, 2005 10:29 AM ET

[JURIST] Palestinian prime minister Ahmed Qureia [Wikipedia profile] ordered a ban on civilians carrying weapons in Palestinian territories on Thursday, showing a desire for less violence in the wake of the Palestinian Authority's proposal to Israel of a mutual cease-fire. The order was signed during a security meeting among senior officials amid a busy day of meetings on Wednesday that raised hopes the sides could reach an agreement on ending years of bloodshed. Palestinian president Mahmoud Abbas has been praised by Israeli prime minister Ariel Sharon and visiting US envoy William Burns for his efforts to reduce violence in the region. Abbas has also been assured by armed groups that they will halt attacks on Israel if Israel stops military operations like arrest raids and targeted killings of Palestinian fugitives. Abbas said he expects to hear from Israel "as soon as possible" on the cease-fire proposal. AP has more.






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International brief ~ Sudan bombs Darfur in violation of cease-fire
D. Wes Rist on January 27, 2005 10:15 AM ET

[JURIST] In Thursday's international brief, senior African Union [official website] officials are reporting that the Sudanese government [official website] bombed a Darfur village Wednesday, with NGO workers present for the first time to actually witness the explosions. The announcement came just hours after the UN confirmed that over 100 people were killed and over 9,000 fled their homes last week to escape fighting between militia and rebel forces. The current situation in Sudan has been exasperated by the refusal of the UN Security Council [official website] to take affirmative steps to contain the fighting. The US envoy to the UN Wednesday proposed several possible options to the Security Council for slowing the fighting, including the direct funding of the AU by the UN to allow for the deployment of more troops. The US also pushed its controversial plan to either establish a new ad hoc tribunal in Sudan, or to allow the current International Criminal Tribunal for Rwanda [official website] to hear cases from Sudan. Both suggestions have been criticized by European members of the UN, who favor using the already-funded ICC. JURIST's Paper Chase has continuing coverage [JURIST country archive] of Sudan. The Sudan Tribune has local coverage.

In other international legal news ...

  • Romanian President Traian Basescu [official profile] was warned Wednesday that his efforts to stamp out corruption in the former-Soviet bloc country has made him a possible assassination target to organized crime. Basescu's intelligence service chief Radu Timofte has warned the president that the steps he has taken since his surprise election in December have created impetus in the mob scene for an assassination attempt. Basescu's pledge to eliminate corruption from the Romanian government [official website] mirrors the concern felt by the EU in the country's current situation. Brussels has proposed several plans to assist Romania in controlling the rampant graft. UPI has more.

  • Malaysian and Thailand [government website] governments are feuding over the capture of Islamic militant Abdul Rahman Ahmad. Malaysia announced the arrest of Ahmad earlier this week, prompting Thailand to request his extradition. Ahmad is accused of being behind the theft of significant stores of Thai govermental weapons, which he then allegedly transported to the south, sparking the year long separatist revolt that has claimed over 570 lives. Ahmad is being held by Malaysia under their Internal Security Act, which allows for indefinite detention of terrorist suspects. There is no extradition treaty between the two neighboring countries and Malaysian Prime Minister Abdullah Ahmad Badawi [official website in Bahasa Malaysian] said Malaysia would cooperate with all investigation requests, but that Malaysia would not extradite a Malaysian citizen to Taiwan. Thai Prime Minister Thaksin Shinawatra [official profile] has expressed outrage at the refusal of Malaysia to hand over Ahmad, and just prior to this incident had expressed concern that Malaysia was allowing itself to be used as a staging ground by terrorists. ISN News has more.

  • Indonesian government [government website in Bahasa Indonesian] officials and ACEH [faction advocacy website] rebel leaders are meeting in Finland Thursday for the first talks between the two warring sides in almost two years. ACEH is a separtist movement based on the north-western tip of Sumatra that wants autonomy from the Indonesian government. The agenda for the talks, mediated by Crisis Management Initiative [official website], is being carefully guarded, but Indonesian President Susilo Bambang Yudhoyono [official profile in Bahasa Indonesia] announced on CNBC Asia Pacific television Thursday that if the rebels were willing to put a halt to the violence of their 30 year independence campaign, he would be willing to make concession on autonomy. JURIST's Paper Chase has continuing coverage [JURIST country archive] of Indonesia. Read the Crisis Management Initiative press release. The Jakarta Post has local coverage.





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DOMA challenge to be heard in California
Amit Patel on January 27, 2005 9:13 AM ET

[JURIST] The only remaining challenge to the federal Defense of Marriage Act [DOMA text] is set to begin today in California. The lawsuit argues DOMA and California's Proposition 22 [text] are violations of a gay couple's civil rights. California only recognizes marriages as between a man and a woman and DOMA allows states to disregard any gay marriages performed in other states. The hearing comes after gay couples in Florida earlier this week dropped similar lawsuits [JURIST report] fearing the US Supreme Court [official website] would reject the case, thereby setting a precedent. The only other same-sex marriage case pending in federal court is in Nebraska, but that is only a challenging a state law. AP has more.






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Auschwitz liberation marked by world leaders
Amit Patel on January 27, 2005 8:53 AM ET

[JURIST] World leaders and Holocaust survivors gathered in Poland Thursday to mark the 60 year anniversary of the liberation of the Nazis' Auschwitz death camp [background information]. The heads of state of both Israel and Germany will join those of Russia and other countries to remember the arrival of Soviet troops in 1945. Other world leaders attending include: US Vice President Dick Cheney, UK Foreign Secretary Jack Straw, and Polish President Alexander Kwasniewski. Events to mark the anniversary began in Berlin, where the parliament held a special ceremony which included an address by a German-Jewish camp survivor, Arno Lustiger. The beginning of the Polish ceremony will be signaled by a train whistle at the Auschwitz-Birkenau site. The railway track brought hundreds of thousands of Jews to their deaths. BBC has more, and the Polish newspaper Gazeta Wyborcza in Krakow has a local coverage of the commemoration [in Polish]. The nearby Polish town of Oswiecim has posted a special English-language website commemorating its liberation and the liberation of Auschwitz. Polish state television provides coverage of the Auschwitz commemoration ceremomies [in Polish].






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DC court revisits Cheney energy task force
Amit Patel on January 27, 2005 8:28 AM ET

[JURIST] The US Court of Appeals for the District of Columbia Circuit [official website] is hearing arguments today in the legal fight over access to Vice President Dick Cheney's records from his 2001 energy task force [NRDC FOIA documents]. The Sierra Club [official website] and Judicial Watch [official website] are suing to additional task force records released, contending the public has a right to know the role the energy industry played in crafting the administration's energy policy. The Bush administration opposes any public release fearing such a release would prevent members of such panels from speaking candidly. The administration also maintains the task force was limited to government officials. Federal law requires government panels to conduct business in the public eye unless all of its members are government officials. This case was last considered by the appeals court in 2003 when a panel of judges rejected the government's arguments. However, the Supreme Court by a 7-2 vote [opinion] in June last year sent the case back to the appeals court saying the federal district judge who ruled against the Bush administration asked for too much information. The Court also said that the White House has to be protected from "vexatious litigation." As a result, the Sierra Club and Judicial Watch have narrowed the focus of the records they will seek. FindLaw offers briefs, lower court decisions, and related documents. AP has more.






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US: Four British terror suspects released from Guantanamo still pose a threat
Amit Patel on January 27, 2005 8:02 AM ET

[JURIST] The four British citizens released from Guantanamo Bay [JURIST Hot Topic] who arrived in the UK Tuesday [JURIST report] and were later released from custody by British police [JURIST report] still pose a terrorist threat, according to US officials. A Pentagon spokesman said late Wednesday: "We continue to believe that these individuals pose a significant threat. British authorities have assured us that they will take the necessary steps to address the threat posed by these individuals." The London Times has more.






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Legal agenda and live webcasts ~ Thursday, Jan. 27
Chris Buell on January 27, 2005 6:00 AM ET

[JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Thursday, Jan. 27.

Maryland Gov. Robert Ehrlich will deliver a state of the state address today at 12 PM ET.

At the EU today, Commissioner for Justice, Freedom and Security [official website] Franco Frattini will hold a press conference on the EU's program to fight organized crime. A live webcast is available beginning at 11:30 AM local time [5:30 AM ET].

The Council of Europe Parliamentary Assembly [official website] continues its 2005 winter session today. Watch a live webcast of proceedings beginning at 10 AM local time [4 AM ET].

The UN will hold a 12 PM ET press briefing with members of the Committee on the Elimination of Discrimination Against Women [official website] presenting the results of an inquiry into alleged violation of the CEDAW Convention [text]. Watch a live webcast of the briefing.

At the International Criminal Tribunal for the Former Yugoslavia, the trial of Fatmir Limaj and others [ICTY case backgrounder] continues today. A webcast is scheduled for 2:45 PM local time [8:45 AM ET].






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