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Legal news from Friday, August 19, 2005 |
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Guatemalan prison riots continue; rights groups call for reform
Kate Heneroty on August 19, 2005 2:34 PM ET

[JURIST] Three days after gang related riots [JURIST report] in seven Guatemalan prisons killed 35 inmates, three more inmate gang members were injured in riots Thursday. A later search of the prison uncovered 3 grenades, 6 guns and many homemade weapons. Blanca de Stalling, the director of an association of public defense lawyers, the Institute of Criminal Public Defense, says she warned the Guatemalan Interior Ministry [official website, in Spanish] of danger in early August after inmates had urged her not to visit because other prisoners had grenades. Interior Minister Carlos Vielmann issued a statement saying the weapons used earlier this week "were brought in that day or one day earlier and can't be the same ones over which Ms. Stalling filed a complaint."
In a related development, the Inter-American Commission on Human Rights [official website] and the Organization of American States [official website] have condemned Guatemala [press release] and demanded attention be paid to the prison problems. Pro Justice Movement issued a statement that prisoners "are indisputably human beings who, independent of the crimes they have committed, have a right to live and the state is obligated to protect" that right. AP has more.


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Cigarette makers sue Kentucky for violation of tobacco settlement agreement
Kate Heneroty on August 19, 2005 2:11 PM ET

[JURIST] Four tobacco companies have filed suit against the state of Kentucky for violating the 1998 Master Settlement Agreement (MSA) [PDF text] made between 46 states and more than 40 tobacco companies, regulating payments to states and restrictions on tobacco promotion. The four companies, Vector Group [corporate website], Commonwealth Brands [corporate website], King Maker Marketing [corporate website], and Sherman's 1400 Broadway NYC Ltd., allege that Kentucky granted special treatment to General Tobacco [corporate website], a competitor which does not participate in the MSA, by allowing General Tobacco to finance the payments it makes to the state, an option not available under the MSA. The lawsuit asks the court to void Kentucky's agreement with General Tobacco or provide other companies with similar financing agreements. AP has more.


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Sunnis oppose federalism, proposed Iraqi constitution
Krista-Ann Staley on August 19, 2005 9:33 AM ET

[JURIST] Sunni Arab negotiators working on Iraq's draft constitution [JURIST news archive] continue to refuse to compromise their demands for a strong central government in Iraq [JURIST report], fearing that federalism will divide the country. While the Supreme Council for the Islam Revolution in Iraq [party website], the largest Shiite political party, supports the creation of a federal region in Shiite-dominated areas of the country, Prime Minister Ibrahim al-Jaafari's Dawa party [party website in Arabic] and the movement of radical cleric Muqtada al-Sadr [Wikipedia profile], both Shiite groups, do not support that plan. Sunni Arab members of the drafting committee presented their concerns to al-Jaafari in a meeting Thursday, then participated in a late-night conference with Shiites and Kurds at the home of Vice President Adil Abdul-Mahdi. According to Kurdish lawmaker Mahmoud Othman, all three sides are determined to reach an agreement by the extended deadline [JURIST report] of August 22, but if Shiites and Kurds, who have 221 of 275 seats in parliament, could reach an agreement they would submit the constitution for approval in spite of Sunni protests. However, if an agreement is not reached by the deadline, the US State Department has said that another extension would be politically unfeasible [JURIST report]. AP has more.


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Disney investigates Hong Kong labor abuse allegations
Krista-Ann Staley on August 19, 2005 9:10 AM ET

[JURIST] The Walt Disney Company [official website] asked the nonprofit firm Verite [official website] to investigate allegations of labor abuse in factories run by its Chinese contractors, according to a statement Friday. Students and Scholars Against Corporate Misbehavior (SACOM) [advocacy website], a non-governmental, Hong Kong-based organization created by students to protect workers' rights, made the initial allegations in a report titled "Recovering Mickey's Conscience" [PDF text]. The report claimed the factories paid workers below minimum wage, did not pay them for all hours worked, allowed them to work more than the legal limit of 204 hours per month, and did not pay triple hour pay as required on holidays. Furthermore, it accused the factories of coaching workers to answer auditors' questions and allowing unsafe working conditions. SACOM and its partner, the National Labor Committee [advocacy website], provide summaries of factory conditions. SACOM asked Disney to use nonprofit auditors, provide a public list of contractors and their addresses and publicly announce the findings of the investigation. In its statement Friday, Disney stated it "and its licensees will work closely with Verite to ensure a thorough investigation of these claims and take the appropriate actions to remediate violations found." AP has more.


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9/11 suspect convicted on retrial in Germany
Krista-Ann Staley on August 19, 2005 8:26 AM ET

[JURIST] The Hamburg Supreme Court convicted Mounir el Motassadeq [BBC profile] Friday of belonging to a terrorist organization and sentenced him to seven years in prison, but acquitted him of being an accessory to the murder of the over 3,000 people killed in the World Trade Center attacks. The German Supreme Court [official website in German] threw out [JURIST report] his conviction on both counts last year, citing insufficient evidence as justification for retrial. In announcing Friday's opinion, presiding Judge Ernst-Rainer Schudt criticized the US authorities for the limited evidence [JURIST report] provided at the retrial, where the Department of Justice supplied summaries of interrogations of three detained 9/11 suspects, but refused to provide full copies of the reports or allow those witnesses to testify. The interrogations showed Motassadeq provided funding for one of the 9/11 plotters, but that he did not know how the money would be used [JURIST report]. "This material on its own had no value as evidence," according to Schudt, referring to concerns that the US obtained the statements by torturing the detainees [JURIST report], rendering them unusable by a German court. In a statement [text] Thursday, Amnesty International [advocacy website] said the Hamburg court violated international law by accepting the evidence without investigating complaints of torture. AP has more.


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