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Legal news from Monday, March 7, 2005 |
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Gonzales insists US did not send prisoners abroad to be tortured
Bernard Hibbitts on March 7, 2005 4:16 PM ET

[JURIST] In an interview with three news agencies Monday, US Attorney General Alberto Gonzales denied renewed allegations that pursuant to an executive order issued after the September 11 attacks the CIA had flown as many as 150 terror suspects to foreign jurisdictions where they would be tortured. The New York Times published a story containing the allegations Sunday, picking up on individual reports and claims by former detainees that have been circulating for some time [JURIST report]. Gonzales acknowledged, however, that once prisoners were turned over to countries like Egypt, Saudia Arabia, Syria, Jordan and Pakistan, whose various security services have all been cited by the State Department for abusing detainees, there was little the United States could do, although he said the US did require "additional assurances" from those countries that prisoners arriving there would not be maltreated. Reuters has more.


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Sierra Leone war crimes court begins trial of junta leaders
Bernard Hibbitts on March 7, 2005 3:40 PM ET

[JURIST] The Special Court for Sierra Leone [official website] opened its final scheduled trial in Freetown Monday as outgoing chief prosecutor David Crane outlined his case [opening statement, PDF; case summary] against three former members of the the country's military junta - Alex Tamba Brima, Brima Bazzy Kamara and Santigie Borbor Kanu. The leaders of the of the Armed Forces Revolutionary Council who presided over the country after seizing power in a 1997 coup face 14 counts [indictment, PDF] of war crimes and crimes against humanity, including mutilation, rape, sexual slavery and conscripting child soldiers. The court is expected to wrap up its business after the trial; an indictment [text] against former Liberian leader Charles Taylor, wanted in connection with his support of a faction in the Sierra Leone conflict which led to the killing and mutilation of over 50,000 people, is still outstanding, but Taylor is presently in exile in Nigeria. AFP has more.


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New UK anti-terror law blocked in Lords
Bernard Hibbitts on March 7, 2005 2:16 PM ET

[JURIST] The House of Lords, the upper chamber of the UK Parliament, Monday turned back by 249-119 a controversial anti-terror bill that would have permitted government ministers to issue so-called "control orders" limiting the movement or freedoms of certain terror suspects without charge or trial. Former Labour Party Lord Chancellor Lord Irvine [profile] is said to have been one of those voting against the Prevention of Terrorism Bill [PDF]. UK Home Secretary Charles Clarke had previously said that the bill, which passed the Commons last week, would be amended so that only judges could issue control orders mandating full house arrest, but that restriction did not apply to lesser orders that might involve tagging, curfews amd phone bans. The bill now returns to the Commons for further consideration, although what will happen there is unclear, as Prime Minister Tony Blair's government has already said that there will be no additional concessions on the bill. From London, the Guardian has more. The UK Home Office provides background information on the bill. UK human rights group Liberty prepared a critical briefing paper on the bill [PDF] in advance of today's Lords debate.


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Supreme Court limits judges' sentencing discretion again
Bernard Hibbitts on March 7, 2005 10:22 AM ET

[JURIST] The US Supreme Court ruled in three cases Monday. In Shepard v. US [case backgrounder from Duke Law School], the court in a 5-3 opinion by Justice Souter held that in making sentencing determinations, judges are confined to information in the charging document, in the terms of any plea agreement terms, or admissions by the defendant made to the trial judge, but cannot review other sources, such as police reports. Review the syllabus, opinion, concurrence and dissent [Cornell LII]. In Wilkinson v. Dotson [case backgrounder from Duke Law School], the court ruled 8-1 (Justice Kennedy dissenting) that prisoners asserting violations of their due process rights under federal civil rights laws are not required to bring a petition of habeas corpus questioning the validity of their incarceration. Review the syllabus, opinion, concurrence and dissent [Cornell LII]. Also Monday, the court held per Justice Ginsburg in the consolidated cases of Ballard v. Commissioner and Estate of Kanter v. Commissioner [case backgrounders from Duke Law School] that the US Tax Court must include reports filed by special trial judges in court records available to the parties. Chief Justice Rehnquist dissented. Review the syllabus, opinion, concurrence and dissent [Cornell LII]. SCOTUSblog has more.
In other Supreme Court action Monday, the Court granted certiorari in two cases, US v. Olson, raising the question of the federal government's liability for not carrying out safety inspections required under federal law, and Volvo Trucks North America v. Reeder-Simco GMC, raising the question of how far a transaction must go before price discrimation can be shown to have occured. The Court has posted today's full Order List [PDF].


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