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Legal news from Thursday, November 17, 2005




Iraq to investigate torture in Iraqi-run prisons
Joshua Pantesco on November 17, 2005 7:03 PM ET

[JURIST] The Iraqi Prime Minister's office Thursday announced the launch of a nationwide investigation into allegations of widespread abuse [JURIST report] occurring at Iraqi-run prisons. 166 Sunni Arabs and 3 Shiite Arabs were found by Americans Sunday night at a secret police prison in Baghdad, and a journalist for Voice of America [official website] present for the prisoner transfers said that at least one-third of the prisoners, all male, exhibited bruises or lacerations and looked to be "extremely emaciated." The US soldiers found torture weapons, including a mace, hidden in the walls of the prison. The Iraqi investigation, announced by Iraqi Prime Minister Ibrahim al-Jaafari [BBC profile], will be supported by employees of the US Department of Justice [official website] and Federal Bureau of Investigation (FBI) [official website]. Iraqi Interior Minister Bayan Jabr, a conservative Shiite, confirmed that seven of the prisoners had been tortured and promised to punish those responsible, but claimed [JURIST report] there had been "much exaggeration about this issue." The New York Times has more.






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Sweden opens inquiry into alleged CIA plane landings
Joshua Pantesco on November 17, 2005 6:32 PM ET

[JURIST] Sweden opened up an investigation Thursday into allegations that the Central Intelligence Agency (CIA) [official website] may have landed planes containing terror suspects at Swedish airports several times since 2002. The investigation is one of many currently underway [JURIST report] in various European countries, including Iceland, Scotland, Spain, Romania, and Poland. The government has requested a complete investigation before December 8, but aviation agency officials expect to finish earlier. One of the suspected planes also landed at Oslo's main airport in Norway last July, and a US spokesperson told Norwegian officials yesterday that the plane did not contain terror detainees. The Danish government has revealed that CIA planes have violated Danish airspace 20 times since 2001, and landed within the country. Swedish Prime Minister Goeran Perrson [official profile] told reporters Thursday that if the investigation reveals evidence of US detainees on Swedish soil, "we will then address the question to the Americans ... about what they have transported in these planes." AFP has more.






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Three former Gitmo detainees announce plans to sue US government
Greg Sampson on November 17, 2005 4:36 PM ET

[JURIST] Three Bahraini citizens, released [JURIST report] from Guantanamo Bay [JURIST news archive] earlier this month, announced Thursday their intention to sue the United States government for detaining them for over four years without a trial at the prison facility. Additionally, the three former detainees accused military officers of torture and desecrating the Koran. In similar stories, in October of last year four British men detained at Guantanamo Bay threatened to sue the US government [BBC report] for similar human rights violations [JURIST report] they sustained while being held at the detention center, and last August, two French detainees announced their plans to sue the United States after being detained at Guantanamo for over two years [JURIST report]. AFP has more.






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UN panel condemns North Korea over human rights abuses
Greg Sampson on November 17, 2005 4:17 PM ET

[JURIST] A UN General Assembly committee on Thursday approved a resolution [PDF draft text] that reasserted the UN's concern over the alleged human rights violations occurring in North Korea [JURIST news archive]. In passing the resolution, the committee expressed its "serious concern" over the allegations of torture, public executions, oppression of speech and religion, and other human rights abuses in that country. All 191 UN members have a seat on the Assembly's Social Humanitarian and Cultural committee (Third Committee) [official website], so the resolution's adoption by the full General Assembly is expected. The resolution's approval comes during a break during a break in the six-party talks currently being held in Beijing, which are aimed at getting North Korea to abandon its nuclear weapons program [JURIST report]. Reuters has more.






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Zimbabwe opposition leader petitions high court to set aside 2002 election results
Greg Sampson on November 17, 2005 3:37 PM ET

[JURIST] Lawyers for Morgan Tsvangirai [BBC profile], opposition leader in Zimbabwe [JURIST news archive], on Thursday petitioned that country's high court to hear Tsvangirai's legal challenge to President Mugabe's 2002 election victory. As leader of the Movement for Democratic Change (MDC) [official website] Tsvangirai ran against Mugabe for the presidency in 2002 and lost. Thursday's appeal to Zimbabwe's high court followed a lower court's dismissal of Tsvangirai's case. Tsvangirai noted that because he believes the entire judiciary is biased in favor of the current government led by Robert Mugabe [BBC profile], it is unlikely the high court will set aside the lower court's decision. This year's parliamentary elections also led to victory for Mugabe's Zanu PF [official website] party, despite allegations of widespread voter fraud [JURIST report]. Tsvangirai also rejected [JURIST report] that victory and challenged the election in court [JURIST report]. ZWNews has local coverage; SABC News has more.






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BREAKING NEWS ~ Black, Hollinger execs charged with criminal fraud
Tom Henry on November 17, 2005 2:39 PM ET

[JURIST] US Attorney Patrick Fitzgerald [official profile] on Thursday announced criminal fraud charges against Conrad Black [CBC profile] and three other executives at Hollinger International [corporate website] related to the $2.1 billion sale of several hundred Canadian newspapers and alleged abuse of corporate perquisites at Hollinger. The 11-count indictment charged Black with evading taxes in Canada and cheating shareholders in both Canada and the US. Earlier this year, Black was accused of diverting company funds for personal use [JURIST report] in excess of $400 million. He has countersued Hollinger International for defamation and libel [JURIST report] and has continually maintained his innocence. Recently Black sued the US government [JURIST report], alleging the Federal Bureau of Investigation [official website] improperly seized nearly $9 million of his money. AP has more.

3:17 PM ET - Fitzgerald's office now made the indictment [PDF text] and an accompanying press release [PDF] available.






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New judges elected to lead ICTY
Tom Henry on November 17, 2005 2:11 PM ET

[JURIST] The permanent judges of the International Criminal Tribunal for former Yugoslavia (ICTY) [official website; JURIST news archive] on Thursday held an Extraordinary Plenary Session to elect the successor to Theodor Meron, whose term as president of the Tribunal expires Thursday. The judges elected Italian Fausto Pocar [ICTY press release] as President of the Tribunal, and Australian Kevin Parker as Vice-President. Outgoing president Meron praised the post-WWII Nuremburg trials for laying the foundations for today's international law during an interview with Reuters. At the same time Meron credited the UN tribunals of today with expanding and adding to Nuremburg's legacy on international criminal procedure and evidence. Reuters has more.






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Austria arrests British historian charged with denying Holocaust
Tom Henry on November 17, 2005 1:38 PM ET

[JURIST] A spokesman for Austria's Interior Ministry [official website] said Thursday that British historian David Irving [BBC profile] has been arrested on a warrant accusing him of denying the Holocaust. Irving has argued in his books that the scale of the extermination of the Jews during World War II has been exaggerated and has claimed Hitler knew nothing of the Holocaust. Irving was on his way to give a lecture in Vienna when he was arrested and transferred to a prison in Graz. The detention stemmed from a warrant issued in 1989 under Austrian laws that make Holocaust denial a crime. Last week, the trial of another Holocaust denier, Ernst Zundel [CBC profile], began in Germany [JURIST report, but the judge later suspended the trial [JURIST report] after firing one of Zundel's lawyers who the judge said would not defend Zundel properly. BBC News has more.






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US soldier faces hearing on 2004 Iraqi 'mercy killing'
Tom Henry on November 17, 2005 1:12 PM ET

[JURIST] An Article 32 hearing [JAG backgrounder; UCMJ text] has commenced for US Army Second Lt. Erick J. Anderson, accused of murder for his role in the death of an Iraqi teenager who was suffering from severe wounds in the aftermath of a US attack, to determine whether he should face court-martial. Two soldiers in Anderson's platoon, Staff Sgts. Johnny Horne Jr. and Cardenas Alban, were convicted of killing the Iraqi youth "to put him out of his misery." Both served one year in jail for their crimes. Prosecutors initially dropped charges against Anderson [JURIST report] in January 2005 because of a lack of evidence but the case was transferred back to Fort Riley [official website] for further review. The new charges were filed in October [JURIST report] 2005. Anderson becomes the seventh member of the infantry battalion to face murder charges in the past year. AP has more.






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Former Rwanda mayor pleads guilty at genocide tribunal
Jeannie Shawl on November 17, 2005 11:52 AM ET

[JURIST] Paul Bisengimana, former mayor of the Rwandan town Gikoro, pleaded guilty Thursday before the International Criminal Tribunal for Rwanda [official website] on charges related to the country's 1994 genocide [BBC backgrounder]. Bisengimana was initially charged [PDF indictment] with genocide, conspiracy to commit genocide, direct incitement to commit genocide, crimes against humanity including murder, extermination, rape, torture and other inhumane acts and violations of the Geneva Conventions and he entered a not guilty plea after being arrested in 2001. He changed his plea Thursday in an agreement with prosecutors: Bisengimana pleaded guilty to murder and extermination and the other charges were dropped. Bisengimana admitted to planning and participating in the murders of several thousand Tutsis who sought refuge in Gikoro. AP has more.






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DOJ lawyers initially recommended rejection of Georgia voter ID law
Jeannie Shawl on November 17, 2005 11:22 AM ET

[JURIST] Lawyers from the US Department of Justice [official website] recommended that the department reject Georgia's new voter-identification law [PDF text], but were overruled by higher-ranking DOJ officials, according to documents obtained by the Washington Post. Four of five staff members reviewing the Georgia law, as part of the review process required under the 1965 Voting Rights Act [DOJ backgrounder] for all changes in voting requirements in states with a history of suppressing minority votes, recommended blocking the law because Georgia had failed to show that the requirement that voters produce government-issued photo identification at the polls would not dilute the votes of minority residents and because there was significant evidence that the plan would reduce blacks' access to the polls. The recommendation, however, was not acted on, and the DOJ Civil Rights Division [official website] later approved the law [JURIST report]. Rights groups and Georgia voters have filed a lawsuit [PDF complaint; JURIST report] challenging the law and are seeking to have the law declared unconstitutional on the grounds that it "imposes an unauthorized, unnecessary and undue burden on the fundamental right to vote" in violation of the Georgia and US constitutions and the Civil Rights Act of 1964. So far, the plaintiffs have won a temporary injunction [PDF text; JURIST report] barring enforcement of the law, which was later upheld JURIST report] by a federal appeals court. Supporters of the law have argued that DOJ approval of the program shows that the law would not discriminate against African Americans and other minorities. Earlier this week, it was reported that lawyers are leaving the Civil Rights division in record numbers [JURIST report], in part because the current administration is frustrating efforts of long-time employees and excluding them from major policy decisions. Thursday's Washington Post has more.






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Two US soldiers face court-martial for Afghan prisoner abuse
Jeannie Shawl on November 17, 2005 10:58 AM ET

[JURIST] Two US soldiers will face court-martial proceedings [press release] for striking two detainees in their custody at Forward Operating Base Ripley in Afghanistan's Uruzgan province, the US military said Thursday. Army Sgt. Kevin D. Myricks and Army Spc. James R. Hayes face multiple charges including conspiracy to maltreat, dereliction of duty, maltreatment of detainees and assault consummated by battery. A third soldier faces non-judicial punishment under the Uniform Code of Military Justice [text] for having knowledge of the abuse and not reporting it. A date for the court-martial has not been set. In a separate incident, the Pentagon has said it has completed its investigation [JURIST report] into allegations that US soldiers desecrated Taliban bodies in Kandahar. Video of troops burning two bodies and using the charred remains in a propaganda campaign against insurgents was aired on Australian television in October, prompting criticism from the UN [JURIST report]. Afghan officials are conducting their own investigation into the incident. Reuters has more.
ALSO ON JURIST

 Topic: Afghanistan | Topic: Detainees | Video: Interrogation, Torture and the War on Terror [ACS]






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European Parliament approves toxic chemicals regulation
Holly Manges Jones on November 17, 2005 9:27 AM ET

[JURIST] The European Parliament [official website] approved a legislative package [press release] Thursday which will allow safety-testing for thousands of chemicals used in everyday products. The Registration, Evaluation and Authorization of Chemicals Act (REACH) [EU backgrounder; BBC Q/A] calls for the registration of approximately 30,000 chemicals produced or imported in the European Union. Authorization would be required for use of those chemicals causing high concern, such as carcinogens, but a compromise [JURIST report] on the bill reached by the European Commission [official website] may allow up to two-thirds of the registered chemicals to be exempt from safety tests. A new European chemicals agency will determine whether chemicals used in low volumes should be tested. MEPs also added a clause to the law which will create obligations for firms to use safe chemicals rather than hazardous ones, whenever a substitute can be made. REACH has continued to be a very controversial measure, with many employers arguing that the law will impose heavy costs which will provide an incentive for firms to move their businesses outside of Europe. The regulation must be approved by individual national governments before it will take effect. BBC News has more.






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Bangladesh lawyers boycott courts to protest judge killings
Holly Manges Jones on November 17, 2005 9:06 AM ET

[JURIST] Lawyers in Bangladesh Thursday entered their second day of a boycott on the court system to protest the suicide bombings which killed two judges [JURIST report] earlier this week, as police increased efforts to find individuals suspected to have been involved in the attacks. Militants have been targeting courthouses [JURIST report], judges and other legal professionals over the past few months to demand that Islamic Sharia law [CFR backgrounder] be introduced in the democratic country. Former law minister Abdul Matin Khasru said the killing of the judges was "an attack upon the judicial system of Bangladesh," and called for the government to immediately take measures in order to prevent future attacks in the legal community. Khasru warned that a continued boycott by judges and lawyers will "paralyze" Bangladesh's legal system. A senior police office said that 20 suspects have been detained so far in connection with the bombing, and one man arrested at the scene told police the attack was carried out under the direction of the banned militant group Jamaat-ul-Mujahideen. Reuters has more.






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International brief ~ South Africa, Zimbabwe sign intelligence, defense agreement
D. Wes Rist on November 17, 2005 8:37 AM ET

[JURIST] Leading Thursday's international brief, Senior government ministers from South Africa [government website] and Zimbabwe [government website] met Thursday to sign an official agreement strengthening ties between the nations' intelligence, defense, and police services. The agreement creates a joint commission to deal with national defense, promotes the cooperation between the two nations' police forces, and addresses issues of cross-border concern like drug shipments and illegal immigrants. The agreement represents the strategy of South African President Thabo Mbeki [official profile] to effect change in Zimbabwe through 'quiet diplomacy' rather than joining the significant number of nations and the international community that have condemned the actions [JURIST report] of Zimbabwean President Robert Mugabe [BBC profile]. Mugabe maintains that his country's 400 percent inflations, 1/3 unemployment, and near starving populace is a result of concentrated attacks from Britain and the United States to topple his government. JURIST's Paper Chase has continuing coverage of South Africa and Zimbabwe [JURIST news archives]. South Africa's News 24 has local coverage.

In other international legal news ...

  • Israeli Prime Minister Ariel Sharon [official profile] announced Thursday that national elections, not scheduled for nearly another year, will instead be held in late February or early March. Israeli law requires that elections be held by a certain date after the previous set of elections, but allows elections to be moved forward. Sharon called for the elections after a meeting with Labour leader Amir Peretz, who recently announced his intent to withdraw the Labour party from Sharon's coalition government. Both Peretz and Sharon said that the elections were necessary to establish firm government control for whichever ruling party is elected so that 2006 is not a 'lot year' in light of the serious negotiations scheduled with Palestinian leaders. JURIST's Paper Chase has continuing coverage of Israel [JURIST news archive]. Yedioth Ahronoth has local coverage.

  • A situation report by UN investigators in Cote d'Ivoire has warned the UN Security Council [official website] that the Ivorian presidency, under Laurent Gbagbo [official website, in French] who was granted the right to remain in power [Resolution 1633, PDF text] for one year by the Security Council after his term ended in October in order to allow a new Prime Minister to be selected, has been building up its air force in violation of an international arms embargo [Resolution 1572, PDF text] imposed by the Council. The report states that the build-up of fighter planes is a clear attempt to intimidate the major rebel factions opposing the current government in spite of a recent agreement to attempt a peaceful settlement between the parties. Greek Ambassador to the UN Adamantios Vassilakis has warned that if Ivorian forces do not cease and desist within one week, they will face increased sanctions from the UN Security Council. JURIST's Paper Chase has continuing coverage of Cote d'Ivoire [JURIST news archive]. BBC News has more.





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UN rights official calls for investigation into Saddam lawyer killings
Chris Buell on November 17, 2005 8:30 AM ET

[JURIST] A UN human rights official has called for an investigation into the killings of two defense lawyers representing co-defendants of former Iraqi leader Saddam Hussein [JURIST news archive]. The UN Special Rapporteur on extrajudicial, summary or arbitrary executions [official website] Philip Alston [NYU Law profile] said an independent investigation was needed because the murders had major implications for the Saddam Hussein trial [JURIST news archive] and for establishing the rule of law in Iraq. Alston also said reports that the Iraqi Interior Ministry was involved in the killings should also be investigated. Most recently, lawyer Adil al-Zubeidi was killed [JURIST report] on Nov. 8 in a drive-by shooting that also injured another defense lawyer, who later fled the country [JURIST report]. Another defense lawyer, Saadoun al-Janabi, was killed [JURIST report] on Oct. 20, a day after the trial began. Defense lawyers for Saddam and other co-defendants from his regime have announced a boycott of the court over the security concerns. Reuters has more.

Previously in JURIST's Paper Chase...

ALSO ON JURIST

 Topic: Iraqi Special Tribunal | Op-ed: The Reckoning: Trying Saddam Hussein





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Torture allegations overblown, Iraqi minister says
Chris Buell on November 17, 2005 8:11 AM ET

[JURIST] Iraqi Interior Minister Bayan Jabr [CBS News profile] said Thursday that reports of abuse [JURIST report] of detainees by Iraqi security forces were exaggerated. Jabr said that only five people discovered at a prison in an Interior Ministry building were malnourished, and that many of those detained were suspected terrorists. Jabr said an investigation had begun into allegations of torture. Earlier, Maj. Gen. Hussein Kamal, deputy interior ministry, said that some prisoners were subjected to ill-treatment by investigators, and he called for a unified command for prisons in the country to prevent torture. The 173 detainees, mostly Sunni Arabs and many underfed and showing signs of torture, were discovered after US troops seized the Interior Ministry building last weekend. Iraqi Prime Minister Ibrahim Jaafari [BBC News profile] ordered an investigation [RFE report] into the prison earlier this week. AP has more.






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Sudan war crimes court sentences two to death
Chris Buell on November 17, 2005 7:57 AM ET

[JURIST] A court created by Sudan [JURIST news archive] to try war-crimes suspects for atrocities committed in the Darfur [JURIST news archive] region of the country has sentenced two soldiers to death for the killing of a Sudanese citizen. The court issued the sentences, the first since it was established, on Wednesday. The two soldiers were convicted of torturing and killing the person, who they accused of carrying out anti-government activities, according to the Sudan News Agency. Few details from the case have been released. Sudan created the court to try suspects in an attempt to avoid having to hand them over to the International Criminal Court [official website], which the UN Security Council [official website] authorized to try Darfur suspects [JURIST report] earlier this year. At least 180,000 people have been killed in the region in conflicts between rebel forces and a government-backed Arab militia. The Sudan Tribune has local coverage of the sentences. AP has more.






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American faces bribery charges in Iraqi reconstruction
Chris Buell on November 17, 2005 7:37 AM ET

[JURIST] An American businessman has been charged with paying hundreds of thousands of dollars in bribes to US authorities in charge of the reconstruction in Iraq to obtain millions in contracts, the New York Times reported [NYT report] Thursday. According to the criminal complaint, which was unsealed Wednesday, Philip H. Bloom used bribes to win $3.5 million in contracts for three construction companies he operated in Iraq during the reconstruction effort. Two Coalition Provisional Authority [official website] officials and their spouses were named as co-conspirators in the complaint for accepting the alleged bribes from Bloom. One of the officials was reportedly the comptroller and financing officer of the CPA south central region of Iraq. According to the Special Inspector General for Iraq Reconstruction [official website], charges against others for crimes committed during the period following the US invasion of Iraq are likely forthcoming. AP has more.






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Federal judge holds reporter in contempt in nuclear scientist case
Chris Buell on November 17, 2005 7:03 AM ET

[JURIST] US District Judge Rosemary Collyer [official profile] on Wednesday held Washington Post reporter Walter Pincus in contempt after he failed to reveal confidential sources from a story he reported about an investigation into nuclear scientist Wen Ho Lee [advocacy website]. Lee is seeking the identities of Pincus' sources and the sources of four other reporters in a civil lawsuit against the US Departments of Energy and Justice for improperly revealing his personal information. Lee was at the center of an investigation into the revelation of top secret nuclear technology to China, and he eventually pleaded guilty to a single charge of mishandling computer files. In her opinion [PDF text], Judge Collyer wrote that reporters' privileges were clearly qualified under the Constitution. Collyer also ordered Pincus to contact his sources to request a release of their confidentiality in order to avoid a situation like the one in the case of Judith Miller [JURIST news archive], in which she served 85 days in prison before obtaining a release from her source. Earlier this month, the US Court of Appeals for the District of Columbia [official website] refused to rehear [JURIST report] the case of the four other reporters who were challenging an earlier ruling holding them in contempt [JURIST report]. AP has more.






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