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Legal news from Wednesday, March 16, 2005 |
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Civil Rights Commission member quits over lack of financial reform
Jeannie Shawl on March 16, 2005 12:41 PM ET

[JURIST] Russell G. Redenbaugh [official bio], the longest-serving member of the US Commission on Civil Rights [official website], resigned from the panel Tuesday, citing irresponsible spending in pursuit of partisan agendas and saying the commission should be shut down. Redenbaugh, an Independent appointed to the commission in 1990, said that commission members have resisted efforts to appoint an independent agent to manage commission funds and an independent auditor to review its operations. The Commission has not had a financial audit in 12 years and the US House Committee on the Judiciary Subcommittee on the Constitution [official website] is scheduled to hold a hearing Thursday to review the commission's finances. Late last year, President Bush named new conservative appointees to the commission [JURIST report], including Gerald Reynolds who replaced the liberal Mary Frances Barry as chair. In his resignation letter, Redenbaugh wrote that he "endured excessive partisanship" under the former liberal leadership and that he "railed against slanted reports and exposed the commission's unaccountability to the taxpayer. I remained on the commission often in dissent, but always committed to reform." Redenbaugh also wrote that "Unfortunately, chronic mismanagement and a fatally flawed organizational structure eliminates the commission's institutional capacity to even participate in" discussions on reform. Redenbaugh said that the commission once acted as "the nation's conscience," but "is now a national embarrassment beyond repair." Wednesday's Washington Post has more.


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US military ups possible number of detainee homicides to 26
Jeannie Shawl on March 16, 2005 8:01 AM ET

[JURIST] According to a report in Wednesday's New York Times, military officials have said that at least 26 prisoner deaths in Iraq and Afghanistan have been concluded to be or are suspected of being the result of acts of criminal homicide. The number is much higher than indicated in a Pentagon report to Congress last week that cited only six prisoner deaths caused by abuse. Of the 26 suspicious deaths, 18 cases have been concluded and recommended for prosecution, with eight under investigation as confirmed or suspected homicides. An Army spokesman told the New York Times that "detainee abuse is not tolerated, and the Army will hold soldiers accountable. We are taking action to prosecute those suspected of abuse while taking steps now to train soldiers how to avoid such situations in the future." AFP has more. JURIST's Paper Chase has ongoing coverage of allegations of abuse by US forces.
In a related story, a new UK government report has revealed that British intelligence officials warned the US about possible detainee abuse in 2002 after the British Secret Intelligence Service (MI6) [BBC profile] was given access to US-held detainees in Afghanistan. Reacting to reports of coercive interrogations, MI6 released a memo then which said that the UK's stated commitment to human rights makes it important that the Americans understand that we cannot be party to such ill treatment nor can we be seen to condone it. In no case should [detainees] be coerced during or in conjunction with an [MI6] interview of them." MI6 leadership also suggested that the abuses should be drawn to the attention of senior local US officials. MI6 told its personnel: "As a representative of a U.K. public authority, you are obliged to act in accordance with the Human Rights Act 2000 which prohibits torture, or inhumane or degrading treatment. ... [Y]our actions incur criminal liability in the same way as if you were carrying out those acts in the U.K." The MI6 memo was cited last week in a report from the British government's Intelligence and Security Committee [official website]. The report, The Handling of Detainees by UK Intelligence Personnel in Afghanistan, Guantanamo Bay and Iraq [PDF text; committee press release] concluded that British intelligence did not brief ministers about reports of abuse until 2004, after allegations of abuse at Abu Ghraib prison were made public. UPI has more.
3:54 PM ET - At least 108 people have died in US custody in Iraq and Afghanistan, according to government data as reported by AP. That figure includes the 26 deaths being investigated as possibly resulting from US abuse, as well as deaths attributed to natural causes. Responding to the new numbers, ACLU Executive Director Anthony Romero said "Despite the military's own reports of deaths and abuses of detainees in U.S. custody, it is astonishing that our government can still pretend that what is happening is the work of a few rogue soldiers. No one at the highest levels of our government has yet been held accountable for the torture and abuse, and that is unacceptable." A Defense Department spokesperson has said that each death merits an investigation but that there is not a single military policy at fault for the deaths and that military investigations have not revealed any policies that condone abuse. Spokesperson Lt. Col. John Skinner said that "The military has dramatically improved detention operations, everything from increased oversight and improved facilities to expanded training and the availability of state-of-the-art medical care." AP has more.


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Legal agenda and live webcasts ~ Wednesday, March 16
Chris Buell on March 16, 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 Wednesday, March 16.
The US Senate [official website] opens its session at 9 AM ET today, when it will consider S. Con. Res. 18 [bill summary], the FY 2006 budget resolution. Watch a live webcast of the session. In committees, the Senate Foreign Relations Committee [official website] will hold a 2:30 PM ET hearing on the EU's lifting of the arms embargo on China. View the hearing agenda, and watch a live webcast of the hearing. The Senate Judiciary Committee [official website] will hold a hearing on obscenity prosecutions and the Constitution at 3 PM ET. View the hearing agenda, and watch a live webcast of proceedings.
The US House [official website] opens its session at 10 AM ET today, with a live webcast of proceedings available. In committees, the House Judiciary Committee is holding two hearings today. At 10 AM ET, the full committee will mark up S. 256 [bill summary], the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, and H. Res. 136 [bill summary]. At 2 PM ET, the Constitution Subcommittee will hold a hearing on H.R. 1151 [bill summary], which would extend federal habeas protection to incapacitated individuals whose life may be threatened. View the hearing agenda, and watch a live webcast of proceedings. The House Energy and Commerce Committee [official website] Oversight and Investigations Subcommittee will hold a hearing on GAO review of FCC management and oversight at 2 PM ET. Watch a live webcast of the hearing. The House International Relations Committee [official website] Africa, Global Human Rights and International operations Subcommittee will hold a hearing on Northern Ireland human rights at 2 PM ET. View the hearing agenda, and watch a live webcast of the hearing. The House Small Business Committee [official website] will hold a 2 PM ET hearing on the Regulatory Flexibility Improvements Act. Watch a live webcast of the hearing.
WV Sen. Robert Byrd [official website] will address MoveOn members about his opposition to proposed Senate rules changes that would prevent Democrats from filibustering President Bush's judicial nominations. Watch a live webcast of the address beginning at 12 Noon ET via C-SPAN 3.
The International Conference on Nuclear Security opens today at 10 AM ET and runs through Friday. View the conference agenda [PDF].
The 61st session of the Commission on Human Rights [official website] continues in Geneva today.
At the International Criminal Tribunal for the Former Yugoslavia, the trial of Slobodan Milosevic [ICTY case backgrounder] continues today at 9:30 AM local time [3:30 AM ET]. Also today, the trial of Fatmir Limaj and others [ICTY case backgrounder] continues at 2:45 PM local time [8:45 AM ET]. A webcast is available for both.


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