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Legal news from Thursday, January 27, 2005 |
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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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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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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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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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