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Legal news from Sunday, August 14, 2005




India adopting tough new anti-hijacking measures
Alexandria Samuel on August 14, 2005 3:58 PM ET

[JURIST] Indian Defense Minister Pranab Mukherjee Sunday announced plans to implement a new set of anti-terror measures that would allow the military to shoot down hijacked commercial planes the government believes will be used as weapons, prohibit negotiations with hijackers, and sentence convicted hijackers to death. Six years ago, hijackers diverted Indian Airlines flight 814 [Guardian news archive] to Kandahar and initiated a week-long standoff that resulted in the release of three jailed Kashmiri militants in exchange for the hostages. New India Press has more.






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Iraq court blocks Saddam family attempt to fire legal team
Alexandria Samuel on August 14, 2005 3:36 PM ET

[JURIST] The family of Saddam Hussein told reporters Sunday that the Iraqi Special Tribunal [official website] has blocked its attempt to replace the former dictator's massive Jordan-based legal team. Earlier this month, Hussein's family dissolved said it was dissolving the fractious collection of some 2000 lawyers [JURIST report] and had appointed Iraqi lawyer Khalil Dulaimi as lead counsel, alleging Saddam was receiving inadequate legal representation. In a letter to the family, the Tribunal denied the family's authority in the matter, insisting that "the exclusive right to empower any lawyer or to cancel any power of attorney is for defendant Saddam Hussein". The decision means that Khaleel Abood Saleh Aldelami remains lead counsel [IST Hussein defense counsel list]; it is unclear if Hussein himself will request a change. Reuters has more.






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Iraqi constitution deadline approaches, but agreement elusive
Alexandria Samuel on August 14, 2005 11:29 AM ET

[JURIST] Iraqi political leaders and lawmakers met again Sunday amid conflicting reports about the likelihood that the Iraqi constitutional committee [official website] would complete a draft of the new Iraqi constitution [JURIST news archive] before the August 15 deadline. On Saturday, Iraqi President Jalal Talabani indicated [JURIST report] that the committee had reached tentative agreements on certain issues, but the key issues of federalism and the role of Islam in Iraqi law remained unresolved. US diplomats and officials have been urging the process forward in light of the perceived link between a permanent constitutional structure, a stable governmental and security environment and any eventual America withdrawal, but legislator Jawad al-Maliki has told reporters the committee was prepared to consider an amendment to extend the submission deadline by two weeks if a draft is not completed before tomorrow. Meanwhile, the speaker of Iraq's parliament has tentatively scheduled a meeting of the National Assembly [Reuters report] for 6 PM local time Monday to consider any draft received. AP has more.

9:03 PM ET - Sunni negotiators said late Sunday that they had asked for postponement of the divisive federalism issue for a year to allow the rest of the document to go forward. Fearing Kurdish and Shiite separatism in the north and south sparked by the any constitutional recognition of Kurdish and Shiite regional entities, Sunnis are opposed [JURIST report] to a federal Iraqi state [Knight Ridder report]. They expressed concerns, however, that a comprehensive draft would be presented to the National Assembly without their agreement, a development that would have profoundly-problematic political implications. AP has more.






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Israelis tighten security ahead of Gaza pullout, settlers closing gates against eviction
Alexandria Samuel on August 14, 2005 10:55 AM ET

[JURIST] Security in the Gaza Strip increased Sunday, on the eve of the implementation of Israeli Prime Minister Ariel Sharon's disengagement plan to withdraw Israeli settlers [BBC overview; Israeli government documents; IDF updates]. Police are expected to encounter pockets of resistance following the midnight start of the pullout [IDF press release], at which time border crossings to settlements will be sealed, and army officers will enter the area and inform settlers they have 48 hours to vacate voluntarily. Last week, Israeli Defense Minister Shaul Mofaz told reporters that he would consider invoking administrative detention [JURIST report] against all extremists who participate in illegal protests interfering with the pullout, a move which would allow Israeli citizens to be held indefinitely without charge or trial. The Palestinian Centre for Human Rights offers background materials on disengagement from the Palestinian perspective; the Palestinian Authority's Ministry of Foreign Affairs insists that even after disengagement, the Gaza Strip remains occupied by Israel. Reuters has more. From Israel, Haaretz provides entensive local coverage. A late report from Haaretz says that settlement leaders at Gush Katif [settlement advocacy website] will close the gates of their settlement to keep out soldiers and police serving eviction orders.






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Former London police chief says human rights "industry" has stranglehold on UK
Alexandria Samuel on August 14, 2005 10:10 AM ET

[JURIST] Former London Metropolitan Police Commissioner Lord John Stevens [official profile] slammed British human rights groups Sunday for their efforts to block the controversial new UK policy of deporting persons preaching violence or hatred or posing a threat to national security. Prime Minister Tony Blair announced the policy changes [JURIST report] earlier this month following the July London bombings, and UK Home Secretary Charles Clarke subsequently announced plans to deport [JURIST report] 10 foreign Islamists arrested last week under the antiterror measures. In an article for the News of the World weekly, the outspoken Stevens wrote:

If the human rights industry hadn't managed to secure its stranglehold on Britain, they would have been kicked out years ago. Now, hand-wringing civil rights lawyers and like-minded judges will go into top gear to keep them here.
Best known for his role in chairing investigations into collusion between security forces in Northern Ireland and loyalist paramilitaries [overview], Stevens retired as London Police Commissioner in February 2005. AFP has more.





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