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Legal news from Thursday, September 29, 2005




Schwarzenegger vetoes gay marriage bill as promised
Greg Sampson on September 29, 2005 8:45 PM ET

[JURIST] California Governor Arnold Schwarzenegger Thursday followed through on his promise to veto [JURIST report] the gay marriage bill [AB 849 text] passed by the California Assembly [JURIST report] earlier this month. In a veto statement [PDF] issued late Thursday in Sacramento Schwarzenegger said he supports the current rights and benefits extended to same-sex partners in the state, but that signing the current bill would have confused a constitutional issue already before the state courts. The San Francisco Chronicle has more.






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BREAKING NEWS ~ NYT reporter Miller released from jail, will testify
Bernard Hibbitts on September 29, 2005 8:32 PM ET

[JURIST] AP is reporting that New York Times reporter Judith Miller has been released from federal prison [JURIST report] after agreeing to testify to a grand jury investigating the leak of a CIA operative's identity, according to legal sources. Her time at the Alexandria Detention Facility [official website] in Virginia marks the longest any journalist has ever served to protect a source.

8:48 ET - Miller was released after her source, apparently I. Lewis Libby [official profile], Vice President Dick Cheney's chief of staff, voluntarily released her from her pledge of confidentiality. Miller has issued a statement saying she will appear before the grand jury on Friday. The New York Times has more.






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Preparations for first federal Vioxx trial underway in Houston
Greg Sampson on September 29, 2005 8:09 PM ET

[JURIST] Trial preparations commenced Thursday in federal court in Houston for the first federal civil trial involving the Merck-manufactured Vioxx [JURIST news archive] painkiller. Earlier this month, New Orleans-based US District Judge Eldon Fallon, charged with managing the hundreds of federal civil suits involving the withdrawn prescription drug, decided to move the trial from New Orleans to Houston [JURIST report] in the wake of Hurricane Katrina [JURIST news archive]. The trial is scheduled to begin November 28. AP has more.






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Bush waiting to announce next Supreme Court nominee
Greg Sampson on September 29, 2005 7:19 PM ET

[JURIST] The White House said Thursday that President Bush will probably wait until next week to announce his next nominee to the US Supreme Court. Bush was earlier expected [JURIST report] to announce his nominee to replace retiring Justice Sandra Day O'Connor [Wikipedia profile] almost immediately after the Senate confirmed John Roberts [JURIST news archive; Wikipedia profile] to be Chief Justice. Because Justice O'Connor's replacement will likely affect the balance of the Court, Senators anticipate more intense scrutiny of the new high court pick. AP has more.






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Canada high court upholds constitutionality of tobacco damages recovery law
Greg Sampson on September 29, 2005 6:57 PM ET

[JURIST] The Supreme Court of Canada [official website] ruled [judgment] unanimously Thursday that provincial governments can pass laws to recover health care costs incurred in taking care of people sickened by smoking. Canadian tobacco companies had challenged the constitutionality of the 1998 Tobacco Damages and Health Care Costs Recovery Act [text] which authorized British Columbia to seek damages against the companies for both past harm and future health complications. Canadian anti-tobacco activists hope that other provinces use the BC legislation as a model for future recovery actions against the tobacco industry. The Toronto Globe and Mail has more.






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US House votes to overhaul Endangered Species Act
Greg Sampson on September 29, 2005 6:50 PM ET

[JURIST] The US House of Representatives Thursday approved by 229-193 legislation that would overhaul the 1973 Endangered Species Act [official website]. Rep. Richard Pombo (R-CA) [official website] steered the Threatened and Endangered Species Recovery Act of 2005 (TESRA) [PDF summary] through the House Resources Committee last week [JURIST report]. If enacted, the law will eliminate the designation of "critical habitat" for those areas inhabited by protected species; authorize the Interior Secretary [official website] to determine the standards for scientific data on which agencies would base their decisions; and require the federal government to compensate land owners if the Endangered Species Act prohibits development on their land. AP has more.






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States brief ~ OR Supreme Court rules law banning live sex shows unconstitutional
Rachel Felton on September 29, 2005 4:36 PM ET

[JURIST] Leading Thursday's states brief, the Oregon Supreme Court ruled in separate decisions today that a state law [decision text] banning live sex shows and a local ordinance [decision text] that requires nude dancers to stay four feet away from customers both violate the state constitution [text] guarantee of free expression. The majority opinion in the first case stated that freedom of expression extends "to the kinds of expression that a majority of citizens in many communities would not like," but lone dissenter Justice Paul De Muniz found live public sex shows were not intended to be protected by the drafters of the constitution. Both rulings overturned decisions of the Oregon Court of Appeals. AP has more.

In other state legal news ...

  • The Florida Supreme Court heard oral arguments [transcript] Thursday on whether a 1997 state law requiring doctors to inform women seeking an abortion of the procedure's risks is unconstitutionally vague and violates privacy rights. A lawyer for the Presidential Women's Center of West Palm Beach argued that the here. AP has more.

  • A Florida appeals court has affirmed [PDF text] a decision to grant class-action status for a lawsuit which alleges Pinellas County School District [school website] has failed to narrow the achievement gap between white and black students and in doing so has violated the state constitution's equal protection clause. The school district argues that while working hard to narrow the gap, factors beyond its control such as high poverty among black families are hindering the effort. The class will include 20,000 current students and future black students. AP has more.





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New Orleans police department investigating officer involvement in post-Katrina looting
Greg Sampson on September 29, 2005 3:46 PM ET

[JURIST] The New Orleans police department Thursday launched an investigation into police officers' alleged participation in looting that occurred in the wake of Hurricane Katrina [JURIST news archive]. News reports filed in the wake of the hurricane placed some officers at the scene of some of the heaviest looting in the city. A spokesperson for the New Orleans police department stated today that approximately 12 police officers are currently suspected in having a role in post-Katrina looting. The investigation comes two days after New Orleans Police superintendent resigned after announcing the establishment of a tribunal [JURIST report] to contend with the 250 police officers who went missing from their posts in the wake of the storm. AP has more.






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Ravelston to plead not guilty to fraud charges in Hollinger scandal
Christopher G. Anderson on September 29, 2005 3:18 PM ET

[JURIST] Canadian holding company Ravelston Corp. will plead not guilty to US fraud charges alleging the company participated in a scheme to swindle more than $32 million from US-based Hollinger International [corporate website]. Ravelston, the holding company of former Hollinger CEO Conrad Black [CBC profile], and other former Hollinger executives were indicted last month [JURIST report] on federal fraud charges for allegedly diverting $32 million from Hollinger through a complex series of fraudulent, self-dealing transactions. According to the indictment [PDF text; DOJ press release], Ravelston is alleged to have enriched certain corporate officers by funneling payments disguised as non-competition fees to a company they controlled at the expense of Hollinger's public shareholders and corporate assets. David Radler, also named in the indictment, pleaded guilty [JURIST report] last week to mail fraud. Canadian Press has more.






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US asks federal appeals court to reconsider case against accused Cuban spies
Greg Sampson on September 29, 2005 3:15 PM ET

[JURIST] Federal prosecutors in Miami have asked the full US Court of Appeals for the Eleventh Circuit [official website] to reconsider a decision [JURIST report; PDF opinion] by a three judge panel to throw out the convictions of five accused Cuban spies [advocacy website] for spying for Cuban leader Fidel Castro [Wikipedia profile]. In its August decision that was praised by the Cuban government [JURIST report], the panel found that excessive publicity, community prejudice, and extreme remarks by the prosecution substantially biased the trial against the defendants. The court called for a new trial outside Miami. Although the five accused spies admit being Cuban agents, they said they were spying on anti-Castro exile groups in the United States, not on the US government. AP has more.






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BREAKING NEWS ~ John Roberts sworn in as Chief Justice
Jeannie Shawl on September 29, 2005 3:02 PM ET

[JURIST] Following this morning's confirmation vote [JURIST report] in the US Senate, John Roberts [JURIST news archive] has been sworn in as Chief Justice of the United States at a ceremony at the White House. Justice John Paul Stevens administered the oath of office. CBS News has more.

5:39 PM ET - Speaking at the swearing-in ceremony, President Bush said:

Today we complete a process set forth in Article II of the Constitution, which provides that the President shall nominate, and by and with the advice and consent of the Senate, shall appoint the judges of the Supreme Court. The nomination power is one of the most serious responsibilities of a President. When a President chooses a Supreme Court justice he is placing in human hands the full authority and majesty of the law.

Each member of our highest court holds a position of extraordinary influence and respect, and can hold it for a lifetime. The office of Chief Justice has added responsibilities as leader of the Court, and as presiding officer of the Judicial Conference of the United States. To carry out all these duties, I submitted to the Senate a nominee of integrity, deep humility, and uncommon talent. ...

As Judge Roberts prepares to lead the judicial branch of government, all Americans can be confident that the 17th Chief Justice of the United States will be prudent in exercising judicial power, firm in defending judicial independence, and above all, a faithful guardian of the Constitution.
After taking the oath of office, Roberts remarked:
The process we have just completed epitomizes the separation of powers that is enshrined in our Constitution. My nomination was announced some 10 weeks ago here in the White House, the home of the executive branch. This morning, further up Pennsylvania Avenue, it was approved in the Capitol, the home of the executive [sic] branch. And tomorrow, I will go into the Supreme Court building to join my colleagues, the home of the judicial branch, to undertake my duties. The executive and the legislature have carried out their constitutional responsibilities and ensured the succession of authority and responsibility in the judicial branch.

What Daniel Webster termed, "the miracle of our Constitution" is not something that happens every generation. But every generation in its turn must accept the responsibility of supporting and defending the Constitution, and bearing true faith and allegiance to it. That is the oath that I just took. I will try to ensure, in the discharge of my responsibilities, that with the help of my colleagues, I can pass on to my children's generation a charter of self-government as strong and as vibrant as the one that Chief Justice Rehnquist passed on to us.
Read the full text of the President's and Chief Justice Roberts' remarks.





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Japanese government presents asbestos compensation plan
Tom Henry on September 29, 2005 2:54 PM ET

[JURIST] The Japanese government Thursday proposed providing relief for asbestos victims in a plan that will have companies involved in asbestos-related activities picking up most of the cost. The bill mandates compensation for workers handling asbestos [JURIST news archive], their families and residents near businesses who have suffered from asbestos-induced diseases but are not covered by the workers' accident compensation program. Prime Minister Junichiro Koizumi [official website] said that the government is preparing to submit the proposal during the Diet session to begin in January 2006. Nearly 2,000 people die in Japan each year from mesothelioma or asbestos-induced lung cancer, but only 10 to 20 percent of them are believed to be receiving compensation under the current program according to government officials. In the United States, the US Senate is expected to take up legislation [PDF text] next month that would establish a $140 billion asbestos compensation fund [JURIST report]. Kyodo News has more.






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Belgium issues international arrest warrant for former Chad leader
Christopher G. Anderson on September 29, 2005 2:17 PM ET

[JURIST] Belgium has issued an international arrest warrant for Hissene Habre [Wikipedia profile], the former leader of Chad [CIA backgrounder], lawyers said Thursday. Habre, rumored to be in exile in Senegal, is wanted for crimes against humanity that were allegedly committed during his 1982-90 rule of the African country. Under current Belgium law, prosecution for such crimes is allowed to proceed regardless of where the crimes were committed or where the defendant resides. Belgium watered down its universal jurisdiction [Wikipedia backgrounder] laws in 2003 under pressure from the United States after individuals brought complaints against President Bush and other senior officials. Universal jurisdiction principles have also been invoked by Belgium prosecutors to convict two Rwandan men [JURIST report] accused of war crimes committed during the 1994 Rwandan genocide. AP has more.






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Algeria votes in referendum over amnesty for Islamist rebels
Tom Henry on September 29, 2005 1:43 PM ET

[JURIST] Algerians voted Thursday in a referendum [AP key points; BBC backgrounder] that seeks to bring peace to Algeria after a 13-year-long civil war. Algerian President Abdelaziz Bouteflika [official profile in French] says the Charter for Peace and National Reconciliation seeks to close the wounds of the battle between Islamic militants and government forces that left over 100,000 people dead and resulted in thousands of disappearances. Those found guilty of taking part in massacres, rapes and bombings in public places are not included in the amnesty, but opponents say the document is too vague and will be difficult to enforce. Family members of victims of the conflict will receive compensation under the charter as well. Human rights groups have been critical of the document [Human Rights Watch report], claiming it prevents some war crimes from being investigated. BBC News has more.






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Connecticut hedge fund founder, CFO plead guilty to fraud charges
Tom Henry on September 29, 2005 1:14 PM ET

[JURIST] Bayou Group hedge fund founder Samuel Israel, III and Chief Financial Officer Daniel Marino on Thursday pleaded guilty to fraud charges for their roles in a scandal that has led to the collapse of the fund [JURIST report] and wiped out investors' money. Both Israel and Marino pleaded guilty to charges that included mail fraud, wire fraud, investment adviser fraud, and conspiracy to commit investment adviser fraud. Bayou is the most recent example of what authorities say is a growing amount of fraudulent activity involving the loosely regulated hedge funds. Hedge funds currently manage $870 billion in assets in the US, up from less than $300 million five years ago. Earlier this month, SEC Chairman Christopher Cox said the agency would implement a rule [JURIST report] that would allow the government to take a stronger role as watchdog over the hedge fund industry. AP has more.






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DOD analyst to plead guilty to leaking top secret info
Christopher G. Anderson on September 29, 2005 1:01 PM ET

[JURIST] Lawrence A. Franklin [Wikipedia profile], an analyst for the US Department of Defense, plans to plead guilty to charges [JURIST report] that he provided classified information to an Israeli official and a pro-Israeli lobbying group, according to the US District Court clerk's office in Alexandria, VA. Franklin's indictment [PDF text] stems from allegations that he divulged top secret information in 2003 regarding potential attacks on US forces in Iraq to Steve Rosen and Keith Weissman, two members of the American Israel Public Affairs Committee (AIPAC) [official website], neither of whom had the security clearance to receive the sensitive information. Franklin allegedly told Rosen and Weissman, both of whom have also been charged [JURIST report], that the information was "highly classified" and asked them not to "use" it. Franklin is scheduled to enter his guilty plea next week, although the exact charges to which he will enter his plea have not yet been disclosed. AP has more.

Previously in JURIST's Paper Chase...






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UN tribunal transfers war crimes suspect to Bosnian court
Tom Henry on September 29, 2005 12:53 PM ET

[JURIST] In the first case of a transfer from a UN tribunal [ICTY press release] to a Balkan country, Bosnian Serb war crimes suspect Radovan Stankovic [UN indictment, PDF] has been moved from the International Criminal Tribunal for the former Yugoslavia [official website] in The Hague to be tried in a Bosnian state court. Tribunal spokesman Matias Hellman confirmed the move Thursday. The decision bolsters the credibility of the Bosnian court system and helps to reduce the case load of the tribunal, which is expected to wrap up its work around 2010. AFP has more.






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BREAKING NEWS ~ Federal judge orders release of Abu Ghraib photos
Jeannie Shawl on September 29, 2005 12:50 PM ET

[JURIST] US District Judge Alvin K. Hellerstein has ordered the release of photographs and videotapes of detainee abuse at Iraq's Abu Ghraib prison [JURIST news archive], despite government arguments that the images could damage America's image in Iraq and Afghanistan. The ruling comes in an ACLU lawsuit [ACLU case backgrounder] seeking information on the treatment of detainees in US custody and the transfer of prisoners to countries known to use torture. During arguments, Hellerstein expressed hesitation over ordering the photos' release [JURIST report], but in his ruling [PDF text] Thursday, Hellerstein wrote that "fear of blackmail is not a legally sufficient argument to prevent us from performing a statutory command." The new photos and video will not be released immediately, however; at the very end of his ruling Hellerstein stayed his own order 20 days to allow either side to appeal. AP has more.






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Saddam attorney petitions for trial delay
Holly Manges Jones on September 29, 2005 12:07 PM ET

[JURIST] The defense lawyer for Saddam Hussein [JURIST news archive] has filed a motion petitioning the Iraqi High Criminal Court, previously called the Iraqi Special Tribunal [official website], to delay the first of Hussein's several expected trials set to begin on October 19 [JURIST report]. Khalil Dulaimi said he only gained access to the prosecution's evidentiary file over the weekend, and in his motion cited Rule 45 of the court's Rules for Proceedings and Evidence Gathering [PDF text], which requires the defense attorney to have such information at least 45 days before a trial. Dulaimi also pointed out that the prosecution has not identified over 100 witnesses giving testimony for an 800-page dossier against Hussein, and said the document should be sent back to an investigative judge. An anonymous court official said the tribunal will review Dulaimi's motion for an extension but that it will probably not be accepted since a previous member of Hussein's defense team received a copy of the prosecution's case file on August 10, which technically gave the defense the requisite 45-day time period. Earlier this month, Dulaimi said that the reorganization of Hussein's defense team would not give him enough time to prepare for the October trial date. The Los Angeles Times has more.

Meanwhile, Iraqi Prime Minister Ibrahim Jaafari [Wikipedia profile] responded Thursday to arguments by Saddam's defense team that they were not officially informed of the trial date by the Iraqi Special Tribunal, but rather by a government spokesman. Jaafari said: "Saddam's trial date is scheduled for October 19 and it is not possible to postpone this case which has already been pending for too long. Given that judicial authorities are independent we will not be interfering, but we have asked them to deal speedily, but without rashness, with the case." AFP has more.






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BREAKING NEWS ~ Senate confirms John Roberts as Chief Justice
Jeannie Shawl on September 29, 2005 11:43 AM ET

[JURIST] The US Senate has approved the nomination of Judge John Roberts [JURIST news archive] to serve as the 17th Chief Justice of the United States by a vote of 78-22 [roll call vote]. Roberts is expected to be sworn in at a ceremony at the White House later today.

Previously in JURIST's Paper Chase...

1:11 PM ET - Roberts' swearing-in ceremony will be held Thursday afternoon at the White House, with Justice John Paul Stevens administering the oath. Roberts' confirmation comes as the US Supreme Court prepares to begin its new session October 3. AP has more.





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UN defends decision to hold Internet summit in Tunisia despite rights record
Holly Manges Jones on September 29, 2005 11:17 AM ET

[JURIST] The United Nations Wednesday defended its decision approving Tunisia to host a UN summit on Internet access in the developing world, despite protests that the country is unfit due to repeated allegations of press and civil society abuses. The Tunisia Monitoring Group (TMG) [official website] issued a report [PDF text] earlier this week saying the country should not be permitted to host [TMG press release] the November World Summit on the Information Society [official website] because the Tunisian government [official website in French] has increased efforts to monitor email and internet cafes and currently blocks access to web sites created by Reporters Without Borders [official website] and the independent press. A spokesman for UN Secretary-General Kofi Annan defended the UN's decision saying, "These kinds of international conferences can be beneficial to the people in the country hosting them. It opens up the country to the outside world and such a spotlight of attention gives the government strong incentives to try to meet international standards, including on human rights." Earlier this year, Tunisian police came under protest [JURIST report] for storming a courthouse to remove 50 lawyers gathered in opposition of Israeli Prime Minister Ariel Sharon's future attendance at the summit. AP has more.






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Wisconsin governor promises to veto ban on human cloning
Holly Manges Jones on September 29, 2005 10:52 AM ET

[JURIST] Wisconsin Governor Jim Doyle [official website] has said that he will veto a ban on human cloning [PDF bill text] approved by the state senate Wednesday by a margin of 21-12. The ban, previously approved by the Wisconsin Assembly [JURIST report] in June, would prohibit reproductive cloning and Doyle said it would also hinder research for curing certain diseases and would harm the University of Wisconsin-Madison's efforts in stem-cell research. Doyle, whose mother suffers from Parkinson's disease, said in a statement [text]: "Allowing our scientists to search for cures to the world's deadliest diseases isn't about being liberal or conservative. It's about being compassionate. And respect for human life means you don't turn your back on cures that can save lives." Earlier this year, Massachusetts lawmakers overrode the governor's veto [JURIST report] of a bill that allows stem-cell research, but prohibits human cloning. AP has more; from Milwaukee, the Journal Sentinel has local coverage.






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EU to hold weekend talks on Turkey membership
Holly Manges Jones on September 29, 2005 10:17 AM ET

[JURIST] The European Union [official website; JURIST news archive] will hold a meeting Sunday to discuss Austria's objections to beginning negotiations with Turkey [JURIST news archive] on the country's proposed membership to the EU [EU enlargement backgrounder]. All 25 of the EU nations must agree on a negotiating mandate before discussions with Turkey can begin, and Austria refused to vote in favor of the mandate Thursday, thereby creating a deadlock. Austria does not want Turkey to gain full membership to the EU, but rather be offered the option of a lesser partnership, saying the country is "too big and unready" to join fully. A British official speaking on the condition of anonymity said that bilateral talks will continue to take place between London and Vienna to attempt to get Austria to release its demands. If the EU fails to come to a consensus on Sunday, the negotiations with Turkey, currently scheduled to begin Monday, will be delayed. AP has more.






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International brief ~ Security Council warns about cease-fire violations in Darfur
D. Wes Rist on September 29, 2005 10:07 AM ET

[JURIST] Leading Thursday's international brief, the current president of the UN Security Council [official website], Philippine Ambassador Lauro Baja [official profile] condemned the renewed violence in the Darfur region [JURIST news archive] of Sudan [government website], and warned that the Security Council was seriously concerned by the continued violations of the April 2004 cease-fire by both government and rebel forces. UN relief coordinator Jan Egeland [official profile] warned Sudan at the same time that the continued violence had led to serious discussions concerning the complete withdrawal of all humanitarian aid workers in the Darfur region. New cease-fire agreements between the rebel forces and the government are currently underway, but the talks have stalled over accusations of cease-fire violations. JURIST's Paper Chase has continuing coverage of Sudan [JURIST news archive]. The Sudan Tribune has local coverage.

In other international legal news ...

  • The Sudanese government [official website] on Wednesday formally appealed the August 2005 [JURIST report] decision by the US District Court for Eastern Virginia which allowed the families of the 17 US sailors killed in the 2000 terrorist attack [Wikipedia backgrounder] on the USS Cole [official website] to continue their civil suit against the Sudan government. The suit revolves around whether the Foreign Sovereign Immunities Act [State Dept FAQ] applies, or if sufficient ties to the al Qaeda organization existed within the Sudan government to allow the surviving families to proceed under the terrorism exception in the FSIA. The August ruling held that sufficient ties had been demonstrated to allow the case to continue to trial, but Sudan maintains that the evidence is invalid and is seeking to suppress the suit before it reaches court. JURIST's Paper Chase has continuing coverage of the USS Cole [JURIST news archive]. The Sudan Tribune has local coverage.

  • Impartial elections are being held in the northwestern Somaliland province [Wikipedia backgrounder] of Somalia in an attempt to gather official international recognition as an independent state for the breakaway territory. Self-proclaimed as independent since the 1990s, Somaliland has traditionally been rejected as a self-sustaining state by the rest of the world out of fears of increased instability in the already lawless Somalia [Wikipedia profile]. Existing without a de facto government for the last 15 years, Somalia has been the alleged home of numerous terrorist groups and rebel factions. Somaliland political parties appealed to the 800,000 eligible voters (out of 3.5 million inhabitants) to turn out in mass numbers, regardless of which of the three political parties they vote for, simply to demonstrate that Somaliland deserves global recognition. Results are expected early next week. South Africa's Mail & Guardian has more.

  • A Human Rights Watch [advocacy website] statement released on Wednesday in Nepal accused the Royal Nepalese Army [official website] of using the three soldiers convicted of torturing and murdering [JURIST report] 15-year-old Maina Sunuwar in 2004 as "cosmetic gestures" for the Army's poor human rights record. HRW said the convictions and the creation of human rights investigatory committees [JURIST report, RNA backgrounder] were merely designed to hide the fact the RNA continues to act with impunity throughout the nation. According to HRW's figures, the RNA "has been responsible for the largest number of reported forced disappearances in the world." The RNA held last week that the convicted soldiers had served their six-month sentence during the time they were held in Army barracks prior to and during the trial, effectively preventing the convicted men from serving any jail time. JURIST's Paper Chase has continuing coverage of Nepal [JURIST news archive]. Read the HRW press release. Kantipur Online has local coverage.





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Japan court dismisses war shrine lawsuit against PM
Holly Manges Jones on September 29, 2005 9:42 AM ET

[JURIST] A Tokyo court dismissed a lawsuit against Japanese Prime Minister Junichiro Koizumi [official website, English version] Thursday that claimed his visits to a Shinto war shrine violated Japan's constitutional separation of religion and state. The court denied the plaintiffs' requests for 3.9 million yen ($34,433) in compensation and ruled that Koizumi's visits to Tokyo's Yasukuni Shrine [official website, English version] were private acts. China and South Korea, both victims of Japan during times of war, have spoken out against Koizumi's visits because the countries believe that the shrine is a symbol of Japan's past militarism, honoring Japan's military war dead and World War II war criminals. The plaintiffs in the case were appealing a decision earlier this year by a Japanese lower court, which rejected their petition to stop Koizumi from visiting the shrine [JURIST report]. Koizumi has defended his decision to make visits to the shrine, saying he goes to pray for peace and to honor those who died in war. Reuters has more.






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Chavez slams US ruling against extradition of Cuban terror suspect
Holly Manges Jones on September 29, 2005 9:08 AM ET

[JURIST] Venezuelan President Hugo Chavez [Wikipedia profile] Wednesday strongly criticized a ruling from a US immigration judge [JURIST report] earlier this week that Cuban exile Luis Posada Carriles [Wikipedia profile; JURIST news archive] would not be handed over to Venezuela or Cuba for prosecution on alleged terrorist acts because he could potentially face torture. The former anti-Castro CIA operative is wanted in Venezuela regarding allegations that he played a role in the 1976 bombing of a Cuban airliner, and Posada is also wanted in Cuba where he is accused of making numerous assassination attempts on Cuban President Fidel Castro [Wikipedia profile]. Chavez had strong words for the US, saying, "Now the US government has decided in favor of the terrorist Posada . . . see the cynicism of the imperialists. They torture in Guantanamo Bay, they are the ones who torture. They kill, assassinate and bomb people." Chavez said if Posada is not handed over, he may review current ties between the US and Venezuela, which is a key exporter of oil to the US. Venezuelan lawyers are drafting a legal response to the US judge's decision. Reuters has more. From Caracas, El Nacional has local coverage.






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Bush grants presidential pardons to 14
Chris Buell on September 29, 2005 9:00 AM ET

[JURIST] President Bush granted pardons [JURIST backgrounder; Wikipedia backgrounder] to 14 people Wednesday, according to a list released by the US Justice Department [official website; DOJ Pardon Attorney website]. Among those pardoned was a mineworker union member who was convicted for bombing a West Virginia coal mine in 1990 following an extended strike. Bush, who has granted 58 pardons during his tenure, has pardoned far fewer people than his predecessors [JURIST clemency statistics]. Former President Bill Clinton granted 396 pardons, former President Ronald Reagan granted 393, and former President Jimmy Carter pardoned 534 people. Also, the majority of Bush's pardons have been for people convicted of lesser crimes who have already served their prison sentences. The DOJ has a news release on the pardons. AP has more.






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FBI chief seeks faster extraditions from Europe
Chris Buell on September 29, 2005 8:37 AM ET

[JURIST] FBI Director Robert Mueller [official profile] has said the US is still seeking to improve the extradition [Wikipedia backgrounder] of terror suspects from European governments. Mueller on Wednesday said more efficient measures were needed to increase the intelligence value of suspects and to bring justice to the victims of terror attacks. Mueller did not signal specific countries in his comments, although they appeared to be directed at the EU. Mueller was in Scotland to give a speech [transcript] to European law enforcement officials, in which he stressed increased cooperation among them. The US and EU most recently signed an extradition agreement [Guardian report] in June 2003, but European human rights activists have opposed the agreement as allowing extradition of suspects without sufficient evidence. Mueller pointed to the US and UK as an example of successful cooperation, although some UK trials have held up the extradition [JURIST report] of suspects to the US. The US and UK have a separate extradition treaty [text]. Read a CRS report [PDF text] for Congress on US-EU cooperation in law enforcement. The Financial Times has more.






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Violence increases in run up to Kenya constitutional referendum
Chris Buell on September 29, 2005 8:15 AM ET

[JURIST] International representatives and Kenyan President Mwai Kibaki [official profile] have called for a halt to violence that continued to escalate among rival groups over constitutional reforms [JURIST report] to be voted on in November [JURIST report]. A statement signed by 26 countries, including the US, Japan, Canada and the EU, called for a free and transparent reform process that maintained human rights in the country. US Ambassador to Kenya William Bellamy [official profile] called on all parties to adhere to regulations during the reform campaign. The constitutional reforms, the first since the country gained independence in 1963, have split the government and public in Kenya [JURIST news archive]. Violence most recently broke out in a Nairobi suburb, leaving several people injured after rival groups fought. From Kenya, the Standard has local coverage. AFP has more.

Previously in JURIST's Paper Chase...






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Myanmar still detaining 1,100 political prisoners, UN investigator reports
Chris Buell on September 29, 2005 7:58 AM ET

[JURIST] More than 1,100 political prisoners continue to be held by the military government in Myanmar [Wikipedia backgrounder], despite pledges by the government to release dissidents as part of democratic reforms, the UN Special Rapporteur to Myanmar Paulo Sergio Pinheiro [official website] reported Wednesday to the UN General Assembly [official website]. Pinheiro, who has been barred from the country since 2003 but said his report was based on independent sources, said the immediate release of the remaining prisoners would show the world that the government was serious about reforms. The government previously released several hundred prisoners [JURIST report], but many others, including Nobel laureate and opposition leader Aung San Suu Kyi [advocacy website; Wikipedia profile], remain in detention. US and British diplomats have said they will attempt to bring abuses in Myanmar to the UN Security Council agenda after previously being blocked by Russia. Reuters has more.






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Bolton opposes bill to withhold UN dues over failed reforms
Chris Buell on September 29, 2005 7:41 AM ET

[JURIST] US Ambassador to the UN John Bolton [official profile] said Wednesday he opposed legislation [JURIST report] that would withhold US dues of more than $130 million until the UN adopted US-backed reforms. Bolton appeared before the US House International Relations Committee [official website], his first congressional appearance since his recess appointment [JURIST report] to the post after failing to win Senate confirmation. Bolton said the proposal to withhold funds, sponsored by Committee Chairman Henry Hyde [official profile] and pushed through the House [JURIST report] last June before stalling in the Senate [JURIST report] after Bush administration opposition, would limit the discretion of the executive by requiring the funds be withheld unless the conditions were met. Bolton made the appearance to brief Congress on the results of a UN summit [World Summit 2005 website] held earlier this month that fell short of its goal to implement major reforms [JURIST news archive], although an agreement [PDF text] was reached in several areas. The Committee has recorded video of the hearing. The Washington Post has more.






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