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Legal news from Thursday, March 17, 2005 |
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Annan demands Syrian withdrawal from Lebanon under Security Council resolution
Bernard Hibbitts on March 17, 2005 8:14 PM ET

[JURIST] UN Secretary-General Kofi Annan issued a written statement [text] Thursday demanding that Syria withdraw all troops from Lebanon prior to that countrys April and May parliamentary elections in order to ensure that the elections are free, fair, and conducted as scheduled. Syria has pulled its forces back to eastern Lebanon, with some 4,000 troops returning to Syria; however, 10,000 soldiers remain in Lebanon. Terje Roed-Larsen, Annans special envoy to Syria, stated that he has received a proposal for a pullout from Syrian President Bashar al-Assad [BBC profile] that will be submitted to the UN. The UNs efforts are part of an attempt to convince Syria to adhere to the provision of Security Counsel Resolution 1559 [text], which calls for Syria to disarm militias in Lebanon in addition to withdrawing its troops from the country. AP has more .


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NCIS threatened to end Guantanamo participation over detainee abuse
Jeannie Shawl on March 17, 2005 3:39 PM ET

[JURIST] The Naval Criminal Investigative Service (NCIS) [official website] threatened to remove itself from Guantanamo Bay interrogations due to the abuse of detainees in late 2002, forcing the Pentagon to review interrogation techniques approved by Defense Secretary Donald Rumsfeld [official biography], according to a classified Defense Department report. Excerpts of the report were read by Senator Carl Levin during a Senate Armed Services Committee [official website] hearing [witness list and prepared testimony]. According to the DoD report prepared by Vice Adm. Albert Church, the Navy's top lawyer warned Pentagon general counsel in 2002 that some interrogation techniques used at Guantanamo Bay were "unlawful and unworthy of the military services." The Church report refers to a December 2002 memo by the Navy's general counsel that documents NCIS Director David Brant's concerns that "one or more detainees were "being subjected to physical abuse and degrading treatment." UPI has more.
In other Guantanamo Bay [JURIST Hot Topic archive] news, Reuters reported Thursday that none of the 65 detainees transferred to their home countries have been convicted of any crimes yet. About a third of the 65 have since been released by their governments, while the rest are awaiting trial or are still being held without charge. An attorney for several detainees still held at Guantanamo Bay said he though the lack of charges was due to little evidence against the detainees. However, Defense Department spokesman Lt. Cmdr. Flex Plexico said the detainees had yielded intelligence that was vital to preventing terrorist attacks against the US. The Pentagon has reported that since detainees were sent to Guantanamo in January 2002, 146 have been released, 65 transferred to other countries, and 545 remain in detention. The Defense Department said that governments that released detainees transferred to them risked them posing future threats, citing 12 cases where that had happened. The Defense Department has more on detainees at Guantanamo. Reuters has more.


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Corporations and securities brief ~ Martha Stewart presses appeal
Bernard Hibbitts on March 17, 2005 2:17 PM ET

[JURIST] Leading Thursday's corporations and securities law news, Martha Stewart [JURIST Newsmaker news archive] was back in court today to press her appeal [PDF appellate brief] to have her conviction overturned. Stewart attorney Walter Dellinger [law firm profile] argued her conviction should be reversed because of the trial court's failure to take perjury charges against a government ink expert Larry Stewart into account. The three judge panel, however, appeared to find this argument weak as Stewart was not convicted of the charges to which Larry Stewart testified. AP has more. Meanwhile Martha Stewart Living Omnimedia [corporate website] announced in a SEC filing [PDF] that an independent expert has found Stewart should receive $3.7 million for expenses related to her legal defense. The company said the expense would be covered by insurance and will not be seen as a company expense. AP has more.
In other news... - Qwest Communications International Inc. [corporate website] has announced it has upped its offer to MCI Inc. [corporate website] by nearly half-billion dollars to $8.45 billion. The renewed bid is part of an effort to break up MCI's proposed merger with Verizon Communications Inc [corporate website]. The MCI board will respond to Qwest's offer, which is $1.8 billion more than the Verizon bid, by March 28. Read the MCI press release. AP has more.
- Ingersoll-Rand Co. [corporate website], maker of fluid-handling equipment and portable generators, announced the SEC [official website] has asked for information related to the company's transactions in the United Nations Oil for Food Program [official website]. Ingersoll-Rand said it has begun an investigation into the matter. Bloomberg has more.
- Inamed Corp. [corporate website], a surgical and medical device company, announced the SEC has started a formal investigation into the company to determine whether the company violated securities laws. The company believes the investigation relates to the adequacy of its disclosures regarding one of its silicone gel-filled breast implant products. Dow Jones has more.
- Viacom [corporate website], a major media conglomerate, announced it is looking into plans which would split the company into two separate firms, both traded on the stock market. Under the proposed plan, Viacom's cable television networks would be put into a different firm than its broadcast and outdoor advertising businesses. The company, which hopes the new firms to be worth more separately than together and also solve the succession debate of current CEO Sumner Redstone [Wikipedia profile], will announce further details of the possible separation in the second quarter of 2005. Read the Viacom press release. AP has more.
- Germany's SAP AG [corporate website] announced it has raised its offer for US-based retail software maker Retek [corporate website] to counter a competing bid by Oracle Corp. Retek is expected to accept the new bid. Read the Retek press release. AP has more.
- Bankrupt airliner United Airlines [corporate website] paid Chief Executive Glenn Tilton a bonus of over $366,000 last year as the company sought salary concessions from union workers. United has cut Tilton's pay by 15 percent for 2005. Reuters has more.
- President Bush [official website] nominated Ohio Republican Representative Rob Portman [official website] as US trade representative. Portman is expected to deal with many issues including bringing China and Taiwan into the WTO [official website] and winning approval for the Central American Free Trade Agreement [Wikipedia profile]. Read text of the Bush press conference. AP has more.
Click for previous corporations and securities law news.


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Abuse reports drop after Abu Ghraib scandal
Chris Buell on March 17, 2005 11:13 AM ET

[JURIST] The number of reports of detainee abuse in Iraq and Afghanistan dropped sharply after a series of abuses at Abu Ghraib prison in Iraq were publicly revealed, the Washington Post reported Thursday. The most current US Army figures on abuse reports show that the number made against US soldiers dropped by more than 75 percent from April 2004, when the Abu Ghraib abuses became known, and the end of the year. The number of reported abuses was at its highest in April 2004, when 25 reports were made, including four deaths. In December 2004, only six reports of abuse were made. The US Defense Department [official website] says the drop was due to stricter detention procedures implemented following Abu Ghraib. Several Army investigations into the abuse, including the report [JURIST report] by US Navy chief of staff Admiral Albert T. Church, have reported no systematic abuse, but noted that operations were changed after the abuses became public. Early this week, the Army increased [JURIST report] the number of reported detainee deaths caused by homicide to 26. The Washington Post has more.


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International brief ~ Nigeria proposes African tribunal for Sudan
Bernard Hibbitts on March 17, 2005 10:33 AM ET

[JURIST] In Thursday's international brief, Nigeria [government website], acting on behalf of the African Union [official website], has proposed the creation of an African war crimes tribunal that would prosecute alleged human rights violations and war crimes in Sudan [government website]. The proposal was directed to the European Union [official website], whose members have traditionally favored sending the Sudan situation to the International Criminal Court [official website]. Nigeria offered the creation of an "African Panel for Criminal Justice and Reconciliation" as a middle ground between the pro-ICC members of the UN Security Council [official website], and the several permanent members, including the US and Russia, who oppose its use. Nigeria said that the ICC lacked the necessary political sensitivity to deal with issues that were more than just legal decisions, stating that the African Panel for Criminal Justice and Reconciliation would provide "healing and reconciliation" for the people involved. The proposal comes as the Security Council is struggling to work out the details [JURIST report] of a US draft resolution on a proposed 10,000 strong peacekeeping force to be sent to Sudan to enforce the peace agreement between the now-autonomous south and the central government in Khartoum, as well as hopefully addressing the continuing violence in the Darfur region. JURIST's Paper Chase has continuing coverage of Sudan [JURIST Country news archive]. The Sudan Tribune has local coverage.
In other international legal news ... - South Korea's Chairman of National Security Chung Dong-young [official profile from previous position] said Thursday that diplomatic ties between South Korea [government website] and Japan [government website] had been "seriously hurt" by the continuing dispute between the two nations concerning the ownership of the Dokdo (in Korean)/Takashima (in Japanese) islets. Tensions spiked Wednesday, following the announcement of approval for a "Takeshima Day" [JURIST report] by the Shimane prefecture assembly. Chung announced that in addition to the travel restrictions to the islets being lifted Wednesday, South Korea would be taking steps to increase its presence on the Dakdos. South Korea currently maintains a police detachment on the islets. View South Korea's website on the Dokdo issue [official website]. View a pro-Japanese site on the Takeshima islets [advocacy website]. Read the full text of the Korean National Security Council statement [official text].
- Lebanon's Chief of Security offered to stand trial Thursday in order to clear his name of any possible connection to the recent assassination of former Prime Minister Rafik al-Hariri. Jamil al-Sayyed, head of the General Security Directorate [official website] in Lebanon [government website], rejected calls for security personnel resignations by opposition members who asserted that the Lebanese security personnel were somehow involved. Sayyed stated that he would be initiating charges against all senior security personnel for shortcomings, negligence, complicity, cover-up or involvement in al-Hariri's assassination, claiming that no one in the security forces had anything to hide in connection to the former PM's death. Reuters has more.


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Legal agenda and live webcasts ~ Thursday, March 17
Chris Buell on March 17, 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, March 17.
The US Senate [official website] convenes at 9:30 AM ET, and will continue consideration of S. Con. Res. 18 [bill summary], the FY 2006 budget resolution. Watch a live webcast of proceedings.
The US House [official website] will meet at 10 AM ET. Watch a live webcast of proceedings. The House Judiciary Committee [official website] Constitution Subcommittee will hold a hearing at 9 AM ET on the US Commission on Civil Rights. Watch a live webcast of the hearing. At 3:30 PM ET, the Courts, Internet and Intellectual Property Subcommittee will hold a hearing on the Holmes Group, the federal circuit and the state of patent appeals. View the hearing agenda, and watch a live webcast of proceedings. The House International Relations Committee [official website] Africa, Global Human Rights and International Operations Subcommittee is holding a 1:30 PM ET hearing on the State Department's annual human rights report for 2004. View the hearing agenda, and watch a live webcast of the proceedings.
The European Ministries of the Interior will hold the 3rd high-level meeting on fighting terrorism and organized crime today and Friday in Warsaw, Poland. View the meeting agenda and more on the meeting.
The International Conference on Nuclear Security continues today. 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 Fatmir Limaj and others [ICTY case backgrounder] continues today beginning at 9:30 AM local time [3:30 AM ET]. Mico Stanisic [initial indictment] will make an initial appearance before the tribunal today at 3 PM local time [9 AM ET]. A status conference in the trial of Mladen Naletilic and Vinko Martinovic [ICTY case backgrounder] will be held at 4 PM local time [10 AM ET]. A webcast of all events is available.


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