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Legal news from Thursday, May 26, 2005




US soldier found not guilty of murder in Iraqi death
Holly Manges Jones on May 26, 2005 8:55 PM ET

[JURIST] Army staff sergeant Shane Werst was acquitted of murder Thursday for shooting unarmed Iraqi Naser Ismail after a trial that began Monday [JURIST report]. Werst said he fired his weapon at the suspected insurgent during house raids in Iraq to save a fellow soldier when Ismail lunged for the soldier's weapon. After shooting him, Werst fired Ismail's weapon into a couch and told another soldier to put the Iraqi's fingerprints on it to make the shooting look like self-defense. The jury included two officers and four soldiers and deliberated for only three hours before finding Werst not guilty. AP has more.






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Four Tennessee lawmakers indicted on bribery charges
Holly Manges Jones on May 26, 2005 8:04 PM ET

[JURIST] Four state lawmakers were indicted in Tennessee on Thursday for allegedly taking bribes from FBI agents posing as representatives of a fake electronics-recycling company. The agents gave payments to the lawmakers inducing them to sponsor a bill which would enable the company to buy and sell used electronic equipment from Tennessee. The bill was withdrawn on Wednesday. State senator John Ford [official biography] is alleged to have received $55,000 in payments since the investigation began two years ago and was also charged with attempting to threaten potential witnesses by telling an undercover agent "if he caught someone trying to set him up he would shoot that person." AP has more.






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Senate confirmation vote on UN ambassador nominee Bolton delayed
Holly Manges Jones on May 26, 2005 7:07 PM ET

[JURIST] The US Senate was forced to delay the vote on UN ambassador nominee John Bolton [official biography] Thursday after Democrats demanded more information from the White House before agreeing to end their debate which began Wednesday [JURIST report] and vote on the nomination. Democrats say that the Senate has not been given classified information on Bolton's current position as the State Department's arms control chief. Republicans needed 60 votes to end the debate, but the roll call was only 56-42. Majority Leader Bill Frist released a statement [press release] after the vote stating the "Democrats have chosen partisan confrontation over cooperation." Due to the Memorial Day recess, the confirmation vote will probably not be taken until June. AP has more.






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Egyptian voters back election changes in constitutional referendum
Tom Henry on May 26, 2005 3:22 PM ET

[JURIST] In what Interior Minister Habib al-Adli claimed was the largest turnout ever in a registered referendum, 83% of Egyptian voters have backed a change in election law [JURIST report] that allows multi-candidate presidential elections. The high turnout was marred however by attacks from Egyptian police and demonstrators [JURIST report] against anti-referendum activists, attacks which President Bush Thursday condemned as counter to the notion of free elections. The pro-reform group Kifaya [Wikipedia entry], opposed to the measure and to President Hosni Mubarak's National Democratic Party [official website], claimed that NDP supporters had attacked marchers and women with police nonintervention. Mubarak, in power since 1981, is expected to announce soon that he will run for a fifth term. AFP has more.






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Senate panel backs asbestos fund bill
Tom Henry on May 26, 2005 3:06 PM ET

[JURIST] The US Senate Judiciary Committee [official website] Thursday approved a $140 billion asbestos compensation fund [JURIST report] in a 13-5 vote. The controversial fund [anti-bill advocacy website] is to be paid for by companies facing asbestos litigation and their insurers in an effort to end asbestos injury lawsuits and victims will now appeal to the fund rather than sue in court. The bill now goes to the full Senate. Reuters has more.






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Khodorkovsky verdict-reading continued into ninth day
Jamie Sterling on May 26, 2005 2:50 PM ET

[JURIST] The verdict reading [JURIST report] for oil magnate Mikhail Khodorkovsky [defense website] continued into its ninth day Thursday. Khodorkovsky, former CEO of Russian oil firm Yukos [official website], and his partner Platon Lebedev have been indicted for fraud and embezzlement [JURIST report]. Issues addressed by the court on Thursday concerned the corporate tax evasion charges against both men. Defense lawyers believes the evidence read in court will lead to a guilty verdict for both defendants, who face up to ten years in prison, although there is evidence that they may face a lighter sentence [JURIST report] than originally thought. Those defending Khodorkovsky believe that the only reason he is standing trial is because he has funded opposition parties in the past. AP has more.






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Thailand anti-corruption commission members convicted for illegal pay raise
Jamie Sterling on May 26, 2005 2:21 PM ET

[JURIST] Thailand's Constitutional Court [official website] Thursday found the members of Thailand's anti-corruption commission, the National Counter Corruption Commission (NCCC) [official website], guilty of illegally increasing their pay. The court, however, did not enforce possible two year jail sentences in light of all the good work the watchdog commission had done in the past. It is still unknown whether the commissioners will lose their jobs. Reuters has more.






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Scrushy trial may end in deadlocked jury or mistrial
Jamie Sterling on May 26, 2005 1:54 PM ET

[JURIST] The judge presiding over the trial of former HealthSouth Corp [corporate website] CEO Richard Scrushy [defense website], attempted Wednesday to prevent the trial from ending in a mistrial or a hung jury. Scrushy is on trial for conspiracy, fraud, false reporting, and money laundering, though earlier counts of perjury against him have been dropped [JURIST report]. The controversy surrounding the conspiracy charge, [backgrounder] a complicated charge with a four page long verdict form, has continued into the fifth day of jury deliberations. The jury has handed US District Judge Karon Bowdre handwritten notes expressing their inability to reach a unanimous verdict and contending that Bowdre's explanation of the conspiracy charge "contradicts itself." Judge Bowdre firmly told the jury that an acquittal or guilty verdict must be unanimous and that they must work hard to reach a decision. If found guilty, Scrushy could face a maximum sentence of life in prison plus the possibility of millions of dollars in fines. He could also be ordered to give up as much as $278 million in assets. Read the Scrushy indictment [PDF text]. AP has more.






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DNC, Jesse Jackson to pay fines for campaign finance violations
Tom Henry on May 26, 2005 1:52 PM ET

[JURIST] The Federal Election Commission [official website] announced [press release] Thursday that the Democratic National Committee [official website], the Rev. Jesse Jackson [Wikipedia profile] and two groups Jackson works closely will pay a total of $200,000 in civil fines for violations of campaign finance laws. The FEC investigated a total of $450,000 spent in the 2000 election campaign by Jackson with the Rainbow/PUSH Coalition [advocacy website] and the Citizen Education Fund, two incorporated non-profits subject to spending restrictions under campaign finance laws. The FEC found that the money was spent for the partisan get-out-the-vote campaign and a speaking tour coordinated by the DNC, a violation of spending laws. The DNC will provide $100,000 while Jackson and the two other groups will pay the remaining $100,000 in fines. AP has more.






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Defense measure passes House, addresses role of women in combat zones
Jamie Sterling on May 26, 2005 1:32 PM ET

[JURIST] The US House of Representatives has passed a $491 billion defense measure, HR 1815 [PDF text], which among other things leaves any decisions on the placement of women in war zones up to the Pentagon pending Congressional approval. House Republicans had previously attempted to add an amendment [PDF Washington Post report] to the bill which would limit womens' roles in war zone combat even further than presently allowed, but backed off last Thursday [JURIST report] after the Pentagon, the Army, and other legislators found that the amendment could have negative effects. The bill also includes allocations of $491 billion to fund the conflicts in Iraq and Afghanistan, and to fight terrorism. AP has more.






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International brief ~ Lawyers begin arguments in Nepal corruption case against former PM
D. Wes Rist on May 26, 2005 1:14 PM ET

[JURIST] Leading Thursday's international brief, government lawyers for the Royal Commission for Corruption Control have begun arguments before the commission in the case against former Nepalese Prime Minister Sher Bahadur Deuba [Wikipedia profile], former Foreign Minister Prakash Man Singh and other charged by the government [JURIST report] of embezzling public funds from the Melamchi Drinking Water Project. The alleged embezzlement was one of the reasons given by King Gyanendra [official profile] for the 1 February declaration of a state of emergency [JURIST report] that was used to dissolve the democratically-elected government. Gyanendra subsequently created the RCCC [JURIST report] to investigate corruption among government officials and gave the commission power to charge, try, and sentence individuals it investigates. Deuba has twice refused to testify [JURIST report] before the commission, claiming that the charges brought against him are politically motivated. JURIST's Paper Chase has continuing coverage of Nepal [JURIST news archive]. Kantipur Online has local coverage.

In related news, the government of Nepal [government website] released at least a dozen political detainees Thursday and is likely to release roughly the same number Friday according to government sources. Among those released Thursday were Nepali Congress [advocacy website] General Secretary Sushil Koirala, former minister Shivaraj Joshi, and Dr Arun Koirala. Opponents to dissolution of the Nepalese democratic government by King Gyanendra [official profile] have been regularly arrested and detained without charge in the months since 1 February. The Nepal Supreme Court [official website] has frequently ruled in favor of these detainees and has ordered the government to release them. Many of the individuals are later rearrested however for subsequent offenses. JURIST's Paper Chase has continuing coverage of Nepal [JURIST news archive]. Kantipur Online has local coverage.

In other international legal news ...

  • Zimbabwean police made another 7,000 arrests Wednesday and Thursday in the continuing national crack-down on illegal merchants and traders. The arrests were made in the centrally located city of Gweru [official website], where the black market thrives due to the rich deposits of gold in the region. In response to the worsening economic crisis in Zimbabwe [government website], tens of thousands have moved to the region to try their luck hunting for gold. The illegal traders and merchants have been profiting immensely by selling much needed supplies to these gold-seekers. Some of those arrested have paid fines, while others have been taken to jail. In response to unrest sparked by the arrests in the capital city of Harare [JURIST report], Zimbabwean police have deployed nearly 1,000 extra officers there to prevent any full-scale riots. Harare city officials are currently being sued [JURIST report] by the Zimbabwe Lawyers for Human Rights [Zim Human Rights Forum backgrounder], the largest NGO in Zimbabwe, for allegedly violating the rights of the shopkeepers they are arresting. JURIST's Paper Chase has continuing coverage of Zimbabwe [JURIST news archive]. BBC News has more.

  • A High Court judge in Mombasa [official website], Kenya [government website] ruled on the detention of 63 Bangladesh nationals Wednesday, ordering their release subject to bail restrictions. The 63 individuals, arrested 13 May, are merchant seamen currently being investigated by police officials for alleged involvement with drug trafficking and terrorist activities. High Court Justice John Mwera ruled that the police had violated the suspects rights by holding them for more than 24 hours without charging them with a crime, as required by the Kenyan Constitution [official text]. The bail restrictions set by Mwera are difficult however and unlikely to be met, meaning the 63 individuals will remain in police custody for ten more days, subsequent to the offer of the prosecution that ten days were needed for police to finish their investigation. Wamuti Ndegwa, counsel for many of the suspects, has also filed a request for a judicial review hearing before the Kenyan courts. The East African Standard has local coverage.





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Chilean commanders could face charges for deaths in blizzard march
Tom Henry on May 26, 2005 12:51 PM ET

[JURIST] As the search for bodies entered its 8th day Thursday, a Chilean military prosecutor said the officers commanding 46 teenage soldiers killed in a blizzard during a training march in the Andes face possible charges and prison sentences. According to Colonel Sergio Cea of the International Association for Military Justice [advocacy website], the three officers involved Colonel Roberto Mercado, Colonel Enrique Pineda, and Major Patricia Cereceda have been removed from their posts and are being investigated for manslaughter, mistreatment of subordinates, and failure to fulfill military duties. They face up to ten years in prison if convicted. AP has more.






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Extensive overhaul of voting laws underway in US states
Tom Henry on May 26, 2005 11:15 AM ET

[JURIST] The National Conference of State Legislatures [official website], a body which tracks state law developments, has found 26 states are considering new proposals for voting laws. The most important issue under review in many states is proof of identity for valid voters, with two general competing viewpoints: one that wants more restrictions and regulations to counter fraud and another that believes the voting process should be easier and open up to more people. Indiana, a state involved in changing voter laws, now requires voters have an ID issued by either the state of Indiana or the US government to cast more than a provisional ballot. The Indiana Civil Liberties Union [official website] is suing [press release], noting that other states allow alternative ID like pay stubs or utility bills. Reuters has more.






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NATO steps up hunt for Bosnian war crimes suspect
Tom Henry on May 26, 2005 10:51 AM ET

[JURIST] With the tenth anniversary of the Srebrenica massacre [BBC timeline] approaching, NATO Wednesday and Thursday intensified its search for Bosnian war crimes fugitive Radovan Karadzic [BBC profile] with raids by US troops on the homes of his family members in Pale. Bosnia. Karadzic has been charged with genocide [text of indictment] by the International Criminal Tribunal for the former Yugoslavia [official website] for his role in the slaughter of 7,400 Muslim men at Srebrenica over several days in July 1995. A NATO spokesmsn said that they did not expect to find Karadzic in the raid but were hoping to uncover information about his movements and whereabouts and possibly information about other missing war criminals. Reuters has more.






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US Marines drop charges against officer who shot Iraqis
Tom Henry on May 26, 2005 10:19 AM ET

[JURIST] The US Marine Corps said Thurday that all charges against 2nd Lt. Ilario G. Pantano [advocacy website profile], accused of murdering two Iraqis during a vehicle stop, would be dropped. The statement out of Camp Lejeune in North Carolina said that after an investigation by Maj. Gen. Richard Huck [official profile], the charges of premeditated murder were dismissed. Pantano, a veteran of the first Gulf War, shot two Iraqis who refused to stop after being instructed to do so for fear that they were trying to detonate explosives remotely. The serious charges, which could have resulted in the death penalty for Pantano, were first made in February 2005 [JURIST report]. Reuters has more.






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UN investigator to probe Hariri murder
Tom Henry on May 26, 2005 9:53 AM ET

[JURIST] The Commissioner of the UN International Independent Investigation into the assassination of Lebanese Prime Minister Rafik Hariri [UN press release] arrived in Beirut on Thurday to begin his inquiries. Commissioner Detlev Mehlis, a veteran German prosecutor, was authorized by the UN Security Council [official website] to make the investigation after Lebanon's own inquiry was found to be "seriously flawed." A UN resolution gives Mehlis three months with the possibility of an extension to investigate the assasination that many Lebanese blame on Syria. Reuters has more.






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Man formally charged for 1998 Omagh bombing
Tom Henry on May 26, 2005 9:17 AM ET

[JURIST] Alleged Real IRA [BBC backgrounder] member Sean Gerard Hoey was formally charged Thursday with murdering 29 people in the 1998 Omagh bombing [BBC backgrounder], the worst terrorist attack in Northern Ireland history. Hoey had been being held for earlier charges of possessing explosives and his alleged membership with the Real IRA. The only other conviction made in connection with the Omagh bombing was in 2002 against Colm Murphy, but it was later quashed for mishandling of evidence [JURIST report]. Victims relatives are hopeful to bring the perpetrators to justice. AFP has more.






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US criticized at nuclear arms control conference
Tom Henry on May 26, 2005 8:45 AM ET

[JURIST] As the monthlong UN-sponsored Conference on Disarmament [UN website] comes to a close this Friday, the US is being criticized for its stance on nuclear development and deployment. One US official, speaking on condition of anonymity, said the US would never limit its options during a time of war. According to observers, the meetings have been bogged down with disputes over the agenda and a continuing feud between US and Iranian officials over Tehran's nuclear goals. The Bush administration has also been criticized for renouncing the 1996 Comprehensive Nuclear Test Ban Treaty [text]. Though the US, Britain, France, China, and Russia are making progress on a joint statement, diplomats were pessimistic about the conference agreeing to any consensus final statement. Reuters has more.






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FBI memo shows repeated detainee complaints over Koran mistreatment
Tom Henry on May 26, 2005 8:06 AM ET

[JURIST] In a 2002 FBI document made public Wednesday, an FBI agent wrote that a detainee held at Guantanamo Bay naval base claimed that military jailers flushed the Koran down the toilet, a claim paralleling one made in a recent Newsweek report which was later retracted after deadly riots in Afghanistan and backtracking by an anonymous Pentagon source. The document and others were released by the American Civil Liberties Union [ACLU press release] after they were obtained under the Freedom of Information Act; the collection consists of FBI summaries of interviews with detainees between 2002 and 2003. According to the documents detainees also accused guards of kicking or throwing the Koran [FBI records] sometimes prompting threats of hunger strikes or mass suicides. Pentagon spokesman Lawrence DiRita said allegations of Koran mistreatment were looked into at the time they were made and were not found to be credible. He also said that certain detainees knew that if they made such allegations it would agitate other detainees. ACLU lawyer Jameel Jaffer said detainee statements may be more credible than US government statements. AFP has more.






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