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Legal news from Thursday, February 10, 2005




Legal compromise paves way for Prince Charles to remarry
Russell Adkins on February 10, 2005 9:14 PM ET

[JURIST] It was announced Thursday in London that Prince Charles [official profile], heir to the British throne and former husband of the late Princess Diana [official memorial website], will marry longtime love Camilla Parker-Bowles [BBC profile]. The private nuptials slated for April appear to have been made possible by a legal compromise struck by Charles and other British heads of church and state, including the Queen [official profile], who announced her approval [press release] of the union. Charles and Mrs. Parker-Bowles are both divorcees, and the Church of England forbids divorcees to remarry in religious ceremonies, so the marriage will be a civil ceremony at a secular location, Windsor Castle. Also, Mrs. Parker-Bowles will be known as the 'Princess Consort', and if Charles indeed ascends to the throne as King of England, she will not be able to take the title of Queen. Legal experts describe the compromise as a pragmatic one, while one commentator has described the proposal as "the path of least controversy." BBC News has more, including in-depth coverage of the relationship between Charles and Mrs. Parker Bowles. Prince Charles has issued a statement on the marriage.






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International brief ~ ECOWAS rejects new Togo leader
D. Wes Rist on February 10, 2005 8:27 PM ET

[JURIST] In Thursday's international brief, West African regional organization ECOWAS [official website] has refused to recognize Faure Gnassingbe as the legitimate leader of Togo [government website in French] and threatened sanctions against the country unless it returned to its prior constitutional process. The Togo National Assembly changed the country's constitution [JURIST report] on Sunday to permit Fuare Gnassingbe [BBC profile], son of former president Gnassingbe Eyadema [official profile in French], to remain in power after Fuare was unilaterally placed in the office by Togo's military. African and European nations have raised an outcry over the capitulation of the National Assembly, and the ECOWAS executive is planning to travel to Togo on Friday to express its concerns in person. The Nigerian National Assembly [government website] has meanwhile urged African Union [official website] chairman and Nigerian president Olusegun Obasanjo [official profile] to use any means necessary, including military intervention, to restore constitutional rule to Togo. AllAfrica.com has local coverage.

In other international legal news ...

  • Kenyan President Mwai Kibaki [official profile] Thursday ordered an official inquiry into allegations of corruption in the Kenyan government [official website]. The inquiry comes after the release of an audit report into the nation's security contract bidding process revealed questionable methods in how contracts were awarded. Vice-President Moody Awori [official profile] admitted that the audit pointed towards "massive corruption" at senior levels in the government. Kibaki was elected in 2002 on an anti-corruption platform. He has been severely criticized recently for a perceived lack of enthusiasm in pursuing his pledge to root out bribery and graft in the national government. The Kenya Daily Nation has local coverage.

  • UN Special Representative Olara Otunnu [official profile] presented the UN Secretary-General's plan for dealing with the problem of child soldiers the Security Council [official website] Wednesday. The report, drafted by the UN Office on Children and Armed Conflict [official website], detailed a systematic intiiative to identify the use of children as soldiers in any armed conflicts or "situations of concern" around the world and to publish a list of parties violating the law prohibiting child soldiers, as well as commiting other crimes children, including sexual abuse, rape, and torture. Otunnu said that the list would make no distinction between 'rebel' or 'government' in identifying violators, and any party placed on the list would be presented to the Security Council for possible sanctions, such as travel restrictions on leaders, arms embargoes and military assistance bans and restrictions on the flow of financial resource. The UN News Center has more.

  • Cambodian Prime Minister Hun Sen is expected Friday to announce sweeping reforms to combat the nation's severe corruption problem. Hun Sen will be addressing a group of international investors from the private sector and the World Bank [official website]. The problem with corruption in Cambodia [government website] has made the rest of the world wary of sinking funds into rebuilding efforts. Hun Sen's keynote speech is seen as a significant opportunity to present a well-defined plan to tackle graft and red-tape problems. BBC News has more





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Judge sets new execution date for Connecticut killer
Russell Adkins on February 10, 2005 7:56 PM ET

[JURIST] In what is to be New England's first execution in 45 years, a Connecticut judge has set a new May 11 execution date for convicted killer Michael Ross [About.com profile] and appointed a special counsel to investigate claims by Ross' lawyer and family that Ross is incompetent to waive his remaining his appeals, thus expediting his execution. Ross' execution has been postponed several times in recent weeks, and was put off again late last last month at the eleventh-hour [JURIST report] when Ross' lawyer, T.R. Paulding, expressed concerns that his client, who had expressed a wish to die, was incompetent. The special counsel, Hartford lawyer Thomas Groark, will take up the position that Ross is incompetent, while Paulding is likely to stay on [Hartford Courant report] to support his client's efforts to bring about his execution. Ross has agreed to cooperate with the inquiry into his competency, but has asked that his visits with a psychiatrist be taped to prevent further challenges. AP has more.






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BREAKING NEWS ~ Lawyer convicted of helping terrorist client communicate with followers
Jeannie Shawl on February 10, 2005 3:38 PM ET

[JURIST] AP is reporting that civil rights lawyer Lynne Stewart [defense website] has been convicted of helping imprisoned Sheikh Omar Abdel-Rahman communicate with his terrorist followers.

3:45 PM ET - After 13 days of deliberation, a jury has convicted Stewart on charges of conspiracy, giving material support to terrorists and defrauding the US government for smuggling messages of violence from the radical Egyptian sheik to his disciples. Abdel-Rahman is currently serving a life sentence for conspiring to assassinate the Egyptian president and to destroy several New York landmarks. AP now has more. Stewart's website provides legal documents in the case, including the original indictment [PDF text]






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BREAKING NEWS ~ Senate approves bill to limit class action suits
Jeannie Shawl on February 10, 2005 3:34 PM ET

[JURIST] AP is reporting that the US Senate has approved the Class Action Fairness Act of 2005 [bill summary], which will limit class action lawsuits.

3:54 PM ET - The Senate passed the bill, which will require multistate class action lawsuits to be brought in federal court, by a 72-26 vote. The House is expected to consider the legislation next week. AP now has more.






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Film director allowed to sue in UK via video conference
Jeannie Shawl on February 10, 2005 3:14 PM ET

[JURIST] The UK House of Lords Thursday granted the request of film director Roman Polanski [JURIST report] that he be allowed to pursue a libel suit via video tape. Polanski is suing Vanity Fair magazine for libel in the UK, but doesn't want to travel to Britain for fear of being extradited to the US, where he is wanted on child sex offense charges. The Law Lords have ruled that Polanski can testify in the trial via a video conferencing link from France, where he currently resides. Citing a strong public interest in allowing the claim to be properly litigated, the court wrote "Despite his fugitive status, a fugitive from justice is entitled to invoke the assistance of the court and its procedures in protection of his civil rights." Read the Law Lords' opinion [text]. BBC News has more.






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BREAKING NEWS ~ House approves immigration legislation
Chris Buell on February 10, 2005 2:55 PM ET

[JURIST] AP is reporting that the US House has approved the REAL ID Act [text], legislation aimed at preventing entry by terrorists into the country. The act sets regulations for the use of state driver's licenses by immigrants and facilitates deportation procedures. The White House gave approval [JURIST report] to the legislation earlier Thursday. Read more about H.R.418 [bill summary].






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Saudi Arabia holds first elections in country's history
Chris Buell on February 10, 2005 2:35 PM ET

[JURIST] Saudi Arabian men went to the polls Thursday to vote in municipal elections around the country, marking the first elections ever held by the country. The election was for 127 local government seats around the country in the first of three local elections to be held through April. More than 1,800 candidates stood for the elections, with many of them competing for seven seats in the capital Riyadh. Saudi women were not allowed to vote [JURIST report] or run in the elections, for which the Saudi government [Saudi Arabia information network] was criticized by many. Read a Saudi press release on the elections. AP has more.






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Pentagon report says female soldiers used sexual tactics against Gitmo detainees
Chris Buell on February 10, 2005 2:01 PM ET

[JURIST] The Washington Post reported Thursday that allegations by Guantanamo Bay [JURIST Hot Topic] detainees that female soldiers at the military base used sexually suggestive tactics during interrogations of detainees have been confirmed by a Pentagon investigation. The women allegedly rubbed their bodies against the men, wore little clothing and touched them provocatively in an effort to obtain information, according to accounts given by eight detainees to their attorneys. The tactics used often violated Muslim morals regarding sex and women. According to the Post report [registration required], isolated incidents of such conduct have come to light in recent weeks [JURIST report], but the most recent allegations and findings suggest more pervasive conduct that was part of interrogations. The Pentagon findings are contained in an as-yet-unreleased report by Navy Inspector General Vice Admiral Albert Church III [official profile], who discussed his investigatory mandate in a Pentagon briefing [DOD transcript] in May 2004. Detainees have previously complained of physical abuse at Guantanamo, but Pentagon officials said that terrorists are trained to make allegations of torture if captured. The Defense Department said any conduct such as that alleged was likely not approved for interrogation of detainees. AFP has more.






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FCC rejects multi-station digital TV requirement for cable providers
Chris Buell on February 10, 2005 1:23 PM ET

[JURIST] The Federal Communications Commission [official website] Thursday rejected a proposal that would have required cable providers to offer multiple digital channels from local broadcasters. Commissioners upheld by a 4-1 vote a 2001 regulation requiring cable operators to carry only one digital channel for each broadcaster. Broadcasters contended that the cable providers were trying to prevent competition against cable-only networks, but the operators countered that the First Amendment gives them the power to decide content on the limited space available. National Cable and Telecommunications Association [official website] President Robert Sachs praised the FCC's decision, saying it would allow the market to determine channels. Read the NCTA statement. The FCC has more on digital television [FCC backgrounder]. AP has more.






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US groups lobby Canadian legislators against same-sex marriage bill
Chris Buell on February 10, 2005 12:40 PM ET

[JURIST] Some Canadian MPs have reported that they have been lobbied by US citizens and advocacy groups over - primarily against - pending federal legislation [Bill C-38 text] that would legalize same-sex marriage. Several legislators say they have received e-mails, phone calls and faxes from concerned Americans, while several US conservative groups have launched advertising campaigns in an attempt to influence the outcome of any vote. A US-based chapter of the Knights of Columbus [official website] recently provided $80,000 for a postcard [text, PDF] campaign supporting traditional marriage, while Focus on the Family [official website] ran a series of ads during the last Canadian election. Bill C-38 will eventually be put to a free vote. CBC News has more.






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Putin warns UN human rights commissioner not to politicize issues
Chris Buell on February 10, 2005 12:16 PM ET

[JURIST] Russian president Vladimir Putin [official website] welcomed an international dialogue on human rights issues Thursday during a meeting with UN High Commissioner for Human Rights Louise Arbour [official profile], but warned that rights issues should not be exploited for political and economic ends. Arbour is making her first visit to Russia [UN news release] in her UN role this week. During the meeting, Putin promised to listen to "objective" comments on human rights in Russia and promised to adhere to international standards. Russia has been criticized by the international community for its handling of the situation in Chechnya, where the government was accused of human rights abuses against civilians and refused to negotiate with rebels. The Russian Presidency provides an official summary of the Putin-Arbour meeting, which comes a day after the Russian deputy foreign minister said the UN needed to drastically alter its human rights structure [Mosnews.com report]. Yuri Fedotov said the work of the UN Commission on Human Rights in particular had become "politicized." Mosnews.com has local coverage. AP has more.






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Canadian PM appears before scandal inquiry commission
Chris Buell on February 10, 2005 11:44 AM ET

[JURIST] Canadian Prime Minister Paul Martin [official website] testified Thursday before a judicial inquiry commission [Gomery Commission website] on his role in a corrupt government program originally intended to promote national unity following a close referendum on separation by Quebec. During the program's operation Martin was Finance Minister in the Liberal government of former prime minister Jean Chretien, who testified Tuesday [Globe and Mail report]. In his own testimony today Martin sought to distance himself from the initiative, claiming that he set budgets but that he was not responsible for how the money was used. The program allegedly resulted in contracts worth $100 million being awarded to advertisement agencies friendly to the Liberal Party [political party website] that did little work. Martin's testimony marks the first time a sitting Canadian prime minister has testified before such an inquiry since Sir John A. Macdonald, Canada's first premier, appeared before a commission investigating a railway scandal in 1873. Read excerpts [text] from Martin's testimony. CPAC has a live webcast of Martin's testimony, which continues until 5 PM ET today. CBC News has in-depth coverage of the Gomery Commission and more on Martin's testimony.






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FAA had at least 52 warnings prior to Sept. 11 attacks, report finds
Chris Buell on February 10, 2005 11:19 AM ET

[JURIST] The Federal Aviation Administration [official website] received numerous warnings of al-Qaida's hopes to hijack airplanes in the months prior to September 11, according to a previously unreleased report by the National Commission on Terrorist Attacks Upon the United States [official website]. According to an August report by the commission, the FAA had at least 52 warnings and intelligence on al-Qaida between April and Sept. 11, 2001. An FAA spokeswoman said the agency had received warnings, but none were specific enough to tailor specific security precautions. The spokeswoman also said the FAA had been increasing airport security at the time of the attacks. The commission's report remained classified until the government had an opportunity to review it, and it was released by the National Archives [official website] Thursday. The report is not yet available online. AP has more.






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Chertoff nomination vote delayed as senators await interrogation memo
Chris Buell on February 10, 2005 11:03 AM ET

[JURIST] The US Senate is not expected to vote on the nomination of Judge Michael Chertoff [nomination history; 2002 DOJ resume] as Secretary of Homeland Security until some time next week as several senators have requested access to an uncensored copy of a memo Chertoff wrote on interrogation techniques while at the Justice Department. Senators Joseph Lieberman and Carl Levin both sought the full version to gain more information on Chertoff's role in advising [JURIST report] on certain interrogation tactics used at Guantanamo Bay, but the Justice Department has refused to release the memo, claiming it is solely comprised of messages from the FBI and was neither sent by or addressed to Chertoff. Chertoff's nomination was approved Monday [JURIST report] by the Senate Homeland Security and Governmental Affairs Committee. Although the floor vote on confirmation has been delayed, Chertoff is still expected to be confirmed. Congress Daily has more.






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Germany rejects Rumsfeld war crimes probe
Brandon Smith on February 10, 2005 9:55 AM ET

[JURIST] As previously expected [JURIST report], Germany's Federal Prosecutor [official website in German] Thursday rejected calls to investigate US Secretary of Defense Donald Rumsfeld [official profile] for possible war crimes stemming from US abuse of prisoners in Iraq. The New York-based Center for Constitutional Rights [advocacy website] and four former Iraqi prisoners held at Abu Ghraib [JURIST Hot Topic] who say they were abused by American soldiers had filed a criminal complaint [English translation, PDFl CCR backgrounder] in November, hoping to take advantage of a German law that allows for the prosecution of human rights abuses and war crimes regardless of where they occur. Federal Prosecutor Kay Nehm [official profile in German] dismissed the complaint because Germany could only act if the US failed to do so, a circumstance, he said, that has not arisen. The dismissal theoretically opens the way for Rumsfeld to attend the Munich Conference on Security Policy [official website], which starts Friday; he had previously cancelled plans [JURIST report] to fly to Germany for the meeting. Aljazeera has more. From Germany, Deutsche Welle provides local coverage in English.






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Ukraine attorney general says Yushchenko probably poisoned by government
Matt Lubniewski on February 10, 2005 9:48 AM ET

[JURIST] Ukraine's attorney general, Svyatoslav Piskun, said Wednesday in an article published in Austria's Der Standard newspaper that he has evidence that newly-elected President Viktor Yushchenko [official website; English version] was deliberately poisoned last year, and that it was probably a government plot. Last October, Ukrainian prosecutors dismissed Yushchenko's health as a case of food poisoning, but reopened their investigation after doctors in Vienna said that Yushchenko had suffered dioxin poisoning. Yuschenko later went on to defeat former Prime Minister Viktor Yanukovych [BBC profile] in a rerun presidential vote late last year. AFP has more.






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White House asks DC Circuit to settle detainee rulings
Matt Lubniewski on February 10, 2005 8:55 AM ET

[JURIST] The Bush administration asked the US Court of Appeals for the DC Circuit [official site] late Wednesday to expeditiously decide whether Guantanamo detainees can challenge their confinement in court. Two district court judges recently issued conflicting rulings on the question. In a 75-page opinion [PDF], US District Judge Joyce Hens Green [official profile] declined late last month to throw out 54 suits by detainees last month. Earlier, US District Judge Richard Leon [official profile] had handed down a 34-page opinion [PDF] dismissing suits by seven other detainees, saying that "no viable legal theory exists" for a court to order their release. The judges are trying to determine detainee rights in the wake of the Supreme Court decision last summer in Hamdi v. Rumsfeld [LII text], which held that federal courts are open to appeals on behalf of the foreigners. AP has more.






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North Korea acknowledges nuclear weapons
Matt Lubniewski on February 10, 2005 8:28 AM ET

[JURIST] For the first time publicly, North Korea acknowledged Thursday that it has nuclear weapons, and said it has pulled out of a six-nation negotiation [US State Department backgrounder] aimed at persuading the communist country to abandon its nuclear ambitions. In a statement carried by the state-run Korean Central News Agency [official website; English version] the North Korean Foreign Ministry said: "We had already taken the resolute action of pulling out of the NPT [Nuclear Nonproliferation Treaty; official text] and have manufactured nukes for self-defense to cope with the Bush administration's ever-more undisguised policy to isolate and stifle [North Korea]." US Secretary of State Condoleeza Rice [White House bio] responded on Thursday by saying that North Korea should reconsider its decision [CNN report] and return to the talks. AP has more. BBC also has full text of North Korea's statement. The International Atomic Energy Agency provides additional information on the North Korean nuclear program and non-proliferation issues.






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White House gives qualified approval of immigrant bill
Matt Lubniewski on February 10, 2005 7:59 AM ET

[JURIST] The White House gave approval late on Wednesday to the REAL ID Act [THOMAS text], a House bill which would prevent immigrants from being able to use state driver's license to board airplanes and entering federal buildings. The bill would also make it easier for judges to deport those seeking political asylum. The Bush administration qualified its support, however, by asking Congress to remove limits on the number of asylum recipients who can obtain permanent US residency. Read the full statement of administration policy [PDF]. The bill's sponsor, House Judiciary Committee chairman Rep. James Sensenbrenner (R-Wis) [official website], says the legislation is necessary to prevent terrorists from taking advantage of US immigration policies. Read the House Judiciary Committee's press release on the legislation. [official site] The bill's asylum provisions have been criticized by both human rights groups and Democrats, and the the driver's license measure is opposed by most governors and state motor vehicle departments. Rep. Lois Capps (D-Cal) [official website] has circulated a letter to House members showing that the bill in its current form would have prevented Palestinian Leader Mahmoud Abbas [BBC profile] from visiting the US. The bill is currently still in committee. AP has more.






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Legal agenda and live webcasts ~ Thursday, Feb. 10
Chris Buell on February 10, 2005 12:01 AM ET

[JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Thursday, Feb. 10.

The US Senate [official website] convenes this morning at 9:30 AM ET, and it will continue debate on S. 5 [bill summary], the Class Action Bill. Watch a live webcast of the session via C-SPAN 2. The Senate Judiciary Committee [official website] will hold a hearing today on bankruptcy reform beginning at 10:15 AM ET. View the hearing agenda [text], and watch a live webcast of the hearing.

The US House [official website] opens its session at 10 AM ET, with a live webcast available via C-SPAN. Also at 10 AM ET, the House Judiciary Committee's Crime Subcommittee will hold a hearing on the impact of recent Supreme Court rulings on the federal sentencing guidelines [US Sentencing Commission website]. Read a press release about the hearing. The House Energy and Commerce Committee [official website] is holding a hearing on medical liability reform at 1 PM ET today. Watch a live webcast.

The Federal Communications Commission [official website] is holding an open commission meeting today at 9:30 AM ET. Read an agenda [text, PDF] and update [text, PDF] for the meeting, and watch a live webcast of proceedings.

The Canadian Gomery Commission [official website] continues hearings today in the Sponsorship Program Inquiry, with Canadian Prime Minister Paul Martin scheduled to testify. Watch a live webcast of the hearing via CPAC at 9:30 AM ET.

At the International Criminal Tribunal for the Former Yugoslavia, proceedings in the trial of Slobodan Milosevic [ICTY case backgrounder] have been cancelled once again due to the former leader's illness. The trial is expected to be adjourned until Monday. The trial of Fatmir Limaj and others [ICTY case backgrounder] continues today, with a webcast available at 2:45 PM local time [8:45 AM ET].






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