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Legal news from Thursday, March 17, 2005




South Dakota governor signs bills restricting abortion
Bernard Hibbitts on March 17, 2005 8:23 PM ET

[JURIST] South Dakota governor Mike Rounds [official profile] Thursday signed four bills restricting abortion in the state, further tightening what some consider the nation's toughest laws on abortion [JURIST report]. One of the bills requires that doctors inform pregnant women that abortion ends the life of a human. Doctors must also tell women that abortion involves the risk of death for the pregnant woman, and that the procedure can lead to depression. Opponents cite the compromise of medical privacy laws, while supporters tout the bill as fully informing women who are considering abortion. Rounds signed another law that would immediately outlaw most forms of abortion in South Dakota if the Supreme Court reverses its decision in Roe v. Wade. Read the press release on the bill signings. AP has more.






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Judge approves 'Gold Train' Holocaust settlement
Bernard Hibbitts on March 17, 2005 8:18 PM ET

[JURIST] US District Judge Patricia Seitz gave her conditional approval Thursday to the proposed $25.5 million settlement [JURIST report] between Hungarian survivors of the Holocaust and the US government over a train seized by the US Army in 1945 that was filled with gold, art, and other property, valued at the time between $50 million and $200 million. The settlement provides that elderly Hungarian Jews will receive help with health-care costs and living expenses, with finalization of the deal expected to come in October. Judge Seitz’s conditions include some minor changes in paperwork, written statements from plaintiffs stating their approval of the arrangement, and clarification of the list of plaintiffs, some of whom have expressed disapproval over the deal because no direct compensation will occur. Review the draft of the settlement agreement [PDF]. Reuters has more .






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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 country’s 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, Annan’s 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 UN’s 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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Florida House approves bill to stop Schiavo tube removal
Jeannie Shawl on March 17, 2005 3:04 PM ET

[JURIST] The Florida House of Representatives [official website] passed a bill [bill summary] Thursday that would block the withholding of food and water from patients in a persistent vegetative state when the patient did not leave specific instructions refusing artificial feeding. The bill is designed to prevent the removal of Terri Schiavo's [JURIST Newsmaker archive] feeding tube, which is scheduled to take place Friday afternoon. The Florida Senate is debating a more limited version of the bill that would only apply to cases where families disagreed on the patient's wishes. Late Wednesday, the US House passed legislation allowing the Schiavo case to shift to federal court [JURIST report] and delaying the tube removal. A similar bill was expected to be introduced by Senate Republicans Thursday. In the courts, a hearing was scheduled Thursday by Florida Circuit Court Judge George Greer to consider a request by Florida's Department of Children & Families [JURIST background report] to remove Schiavo's feeding tube. Meanwhile, Schiavo's parents have filed an emergency motion at the US Supreme Court to delay the tube removal while lower courts consider whether Terri's religious freedom and due process rights have been violated. AP 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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Ex-Connecticut governor asks for leniency in sentencing
Bernard Hibbitts on March 17, 2005 1:23 PM ET

[JURIST] Former Connecticut Governor John G. Rowland [Wikipedia profile] Thursday asked federal Judge Peter C. Dorsey for leniency when sentencing him on a federal corruptions. Rowland is charged with trading political access for trips to Las Vegas, Vermont, and repairs to his cottage totalling more than $100,000; he accepted a plea agreement [PDF] with prosecutors in December. In the sentencing memorandum filed in federal court, Rowland is portrayed as a devoted public servant who delegated authority to the wrong people, namely former co-chief of staff Peter Ellef and contractor William Tomasso, both under federal indictment. Rowland had resigned July 1 amid calls for impeachment. Rowland could be sentenced to a maximum of five years in prison though the defense expects prosecutors to seek the agreed-upon sentence in a plea deal of 21 months. Rowland is expected to be sentenced on Friday. AP has more.






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BREAKING NEWS ~ US indicts former Halliburton subsidiary employee for fraud
Bernard Hibbitts on March 17, 2005 12:54 PM ET

[JURIST] Reuters is reporting that US authorities have indicted an ex-employee of Halliburton subsidiary Kellogg, Brown & Root [corporate website] for defrauding the government of $3.5 million.

2:32 PM ET - An Illinois grand jury has laid charges against former KBR employee Jeff Alex Mazon as well as Ali Hijazi, who was the managing partner for a Kuwaiti subcontractor. The criminal charges are the first to laid in connection with Halliburton dealings with the US military in the Middle East. Mazon, arrested in Georgia Wednesday, is alleged to inflated subcontractor bids for fuel tankers to be used by the US military in Kuwait and to have taken kickbacks on contracts awarded. The Houston Chronicle (Halliburton is headquartered in Houston) has more.






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China frees political prisoner in exchange for US dropping human rights complaint
Bernard Hibbitts on March 17, 2005 12:51 PM ET

[JURIST] China [government website; JURIST Country news archive] Thursday announced a political prisoner's release in an apparent exchange for the US dropping its pursuit of a UN censure of China's rights record. Rebiya Kadeer [Amnesty International backgrounder] was released Thursday on medical parole and left for the US for treatment, according to a statement by the US-based Dui Hua Foundation [advocacy website]. Kadeer was convicted of sending state intelligence abroad in 2000 and sentenced to serve eight years in prison for sending newspaper clippings to her husband in the US. Also Thursday, the US said it would not pursue a resolution critical of China at the UN Commission on Human Rights, which is holding its 61st session. In a report [text] issued last month, the State Department was critical of China's record, prompting an angry response [JURIST report]. Kadeer's release comes days before US Secretary of State Condoleezza Rice is scheduled to visit the country. A State Department official said the tactic of releasing prisoners before a US visit was commonly used by the Chinese government. Reuters has more.






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Afghan parliamentary elections delayed until September
Bernard Hibbitts on March 17, 2005 12:50 PM ET

[JURIST] [JURIST] Afghanistan [JURIST Countries news archive] parliamentary elections originally slated for May will be held in September, Afghan President Hamid Karzai said Thursday. Karzai's announcement only confirmed the delay, which had been anticipated [JURIST report] by observers for some time as the country struggled to prepare for the elections. Karzai said the delay was caused by technical problems, including an incomplete national census that would be necessary to set up parliamentary elections. The delay was finally recommended by elections chief Bismillah Bismil on Tuesday. It could potentially cause problems, as Karzai remains the only elected official in the country until the elections are held, but opposition groups appeared willing to accept the delay. Karzai made the announcement during a visit by US Secretary of State Condoleezza Rice. Read a transcript of Rice's remarks during the visit. AP has more.






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Appeals court revives cell phone radiation suits
Bernard Hibbitts on March 17, 2005 12:42 PM ET

[JURIST] A group of class-action suits against cell phone manufacturers has been revived after the US Fourth Circuit Court of Appeals [official website] reinstated the cases Wednesday. The five suits claim the cell phone industry has failed to adequately protect users from radiation emitted by the phones and seeks to require the provision of headsets with phones, as well as punitive damages. The court ruled that because the claims only raised issues relating to state claims, including consumer protection, they were not preempted by federal laws regulating cell phones. Originally filed in several state courts, the suits were consolidated in federal court, but District Judge Catherine Blake dismissed them in light of federal limits on radiation emissions by cell phones. Read the court's opinion [text, PDF]. AP has more.






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Former Bosnian Serb interior minister pleads not guilty to war crimes
Bernard Hibbitts on March 17, 2005 11:41 AM ET

[JURIST] Former Bosnian Serb interior minister Mica Stanisic pleaded not guilty to charges of murder, torture and deportation on Thursday to the International Criminal Tribunal for the Former Yugoslavia [official site] at The Hague. Stanisic faces seven counts of crimes against humanity and three violations of the laws of war [ICTY indictment text; press release] stemming from crimes that were allegedly committed as part of an ethnic cleansing campaign by his security services to drive out Bosnian Muslims, Croats and other non-Serbs. Stanisic, a close aide of still at-large wartime leader Radovan Karadzic [BBC profile], turned himself over to the tribunal last week. Reuters has more.






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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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ACLU report indicates US drug laws harm women
Amit Patel on March 17, 2005 9:46 AM ET

[JURIST] The ACLU [advocacy website], Break the Chains [advocacy website], and the Brennan Center for Justice [official website] released a report Thursday indicating that America's war on drugs is inflicting deep and disproportionate harm on women, most of them mothers. The report states mothers are filling prisons at a fast-increasing pace despite mostly minor roles in drug rings. 101,000 women were in state or federal prison in 2003, an eight-fold increase since 1980. The report, released as the centerpiece of a two-day national conference [official website] in New York focusing on incarcerated women, recommends an expansion of drug treatment programs and states incarceration should be a last resort. The report also urges vigorous efforts to maintain ties between imprisoned mothers and their children. Read the Caught in the Net [PDF] report. AP has more.






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Israeli nuclear whistleblower indicted
Amit Patel on March 17, 2005 9:30 AM ET

[JURIST] Israel's Justice Ministry [official website] announced Thursday that Israeli nuclear whistleblower Mordechai Vanunu [Wikipedia profile] has been indicted for violating the terms of his release from prison. Vanunu completed an 18-year prison sentence in April [JURIST report] for revealing secrets of Israel's atomic program to the Sunday Times newspaper. Vanunu, who has lived at a Jerusalem church compound since his release, was barred from leaving Israeli territory or contacting foreigners as part of the terms of his release. The restriction which was to last a year was up for review in the coming weeks. Vanunu has tested the limits of terms of his release by granting interviews to foreign news media and attempting to travel to the West Bank town of Bethlehem which falls outside his permitted area of travel. Israeli authorities worry Vanunu may attempt to disclose more nuclear secrets. AP has more.






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House reaffirms torture ban
Amit Patel on March 17, 2005 9:13 AM ET

[JURIST]The US House of Representatives voted Wednesday to ban the use of federal money to transfer terror suspects to countries where prisoners can be tortured. The amendment, part of the $81.4 billion emergency spending package [House bill; JURIST report] for combat and reconstruction in Iraq and Afghanistan, was approved 420-2 and reaffirms the United States' 1994 ratification of a 1987 treaty [Convention Against Torture text] effectively banning torture of detainees in American custody, whether in the United States or being held in another country. The amendment was passed in the wake of allegations that the US government has secretly sent many detainees to foreign countries to be tortured for information. AP has more.






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Federal judge says Ford credit unit charged black customers higher rates
Bernard Hibbitts on March 17, 2005 8:51 AM ET

[JURIST] US District Court Judge Aleta Trauger ruled Wednesday that plaintiffs in a class-action suit against Primus Automotive Financial Services [corporate website], a lending unit of Ford Motor Co. [corporate website], has proved that the unit discriminated against black customers by charging them higher rates on car loans. The suit claimed blacks were charged hundreds of thousands of dollars more than they should have been. The plaintiffs sought an end to the discriminatory practices rather than damages, though Primus will have to pay attorneys fees. Judge Trauger is giving the two sides 30 days to negotiate a settlement. Several lawsuits against financing companies for automakers for discrimination against blacks have been brought since 1998, but the suit against Primus was the first to go to trial. Read the order [text, PDF] in Borlay v. Primus Automotive Financial Services, Inc. AP has more.






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Kenyan protesters demand limits to presidential powers in new constitution
Amit Patel on March 17, 2005 8:41 AM ET

[JURIST] Protesters in Kenya Wednesday demanded a limit to the president's powers as parliament prepared for debate on a new constitution. The protests came after Kenyan President Mwai Kibaki [official website] appeared to hold back from endorsing a draft that would restict the authority of his office. As Kibaki formally opened the parliamentary session, however, he promised lawmakers he would introduce a new constitution and asked MPs not to be divided along political lines. Protesters fear that parliament acting at Kibaki's direction will amend the draft and leave the presidency's powers largely as-is. Kenyans are due to vote on the new constitution in October. The Constitution of Kenya Review Commission [official website] has additional information on the Kenyan constitutional process. BBC News has more.






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House passes legislation to put Schiavo case in federal court
Amit Patel on March 17, 2005 8:22 AM ET

[JURIST]The US House of Representatives [official website] Wednesday passed legislation [House bill] which would delay the removal of the feeding tube sustaining Terri Schiavo [JURIST Newsmaker news archive] by allowing her case to shift to federal court. The House acted after a Florida appellate court upheld an earlier decision [JURIST report] to remove the tube. The bill, introduced by House Judiciary Committee chairman James Sensenbrenner [official website] and Florida representative Dave Weldon [official website], would allow a federal judge to decide whether withholding food, fluids, or medical treatment from an incapacitated person violates the US Constitution or other law. The legislation would only apply to incapacitated persons who had not left any clear directives with being kept alive in such a circumstance. Federal courts have already turned the Schiavo case twice, citing lack of jurisdiction. Senate Republicans are expected to introduce a similar bill Thursday. Schiavo's husband has long battled with her parents over his attempt to allow her to die. AP 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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