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Legal news from Friday, November 25, 2005 |
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US set to execute 1,000th convict since 1977
Lauren Becker on November 25, 2005 10:22 AM ET

[JURIST] Next Wednesday Robin Lovitt [Virginians United Against Crime profile], 41, is slated to become the 1,000th person to be executed since the 10 year moratorium on capital punishment [Wikipedia backgrounder] in the United States was lifted in 1977. He is convicted of fatally stabbing a man with scissors during a pool hall robbery in Virginia in 1998. Convicted killer Gary Gilmore [Crime Library profile] was the first to be executed after the series of 1976 Supreme Court decisions that upheld state laws reforming the capital punishment system. More than 3,400 prisoners have been on death row in the US since 1977, with an average execution of one person every ten days. Nationwide death sentences have, however, dropped by 50% since the late 1990s and executions carried out have dropped by 40%, according to the Death Penalty Information Center. A 2005 Gallup poll [deathpenaltyinfo.org] put American support of the the death penalty at 64%, the lowest in 27 years. Both houses of Congress are currently considering legislation [JURIST report] that would make it more difficult for defendants in capital cases to appeal to federal courts, thus shortening the execution waiting periods, but some say could lead to innocent people being put to death. AP has more.


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French Interior Minister considers crime prevention, affirmative action after riots
Bernard Hibbitts on November 25, 2005 9:58 AM ET

[JURIST] French Interior Minister Nicolas Sarkozy [official profile], widely seen as a leading candidate to replace President Jacques Chirac in 2007, is calling for new crime prevention legislation and affirmative action policies in the wake of widespread rioting [JURIST report] by immigrant youths earlier this months that prompted the French government to declare a state of emergency [JURIST report]. The new legislation, based on a report commissioned by the Ministry and expected to go before the French cabinet by year's end, would try to root out juvenile delinquency by depriving "negligent" parents of some state support, deploying video cameras in schools and stadiums, policing school absenteeism, sponsoring new community arts and job-hunting centers, and setting up a new ministerial-level national office on crime prevention. On Friday Sarkozy, the leader of the French conservative UMP party [party website], went further in an editorial [in French] in Paris' Le Figaro newspaper, calling for legal equality among French citizens to be matched by real equality, and extolling the virtues of remedial "discrimination positif" - affirmative action - which has to this point been firmly resisted by the French government and advisory groups such as the High Council on Integration [official backgrounder]. AP has more.


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International brief ~ Legality of Kenyan government dismissal questioned
D. Wes Rist on November 25, 2005 7:42 AM ET

[JURIST] Leading Friday's international brief, Kenyan legal experts have raised concerns that Kenyan President Mwai Kibaki [official profile] acted illegally and unconstitutionally when he sacked all 29 ministers and their deputies within 24 hours of his draft constitution being rejected by Kenyan voters [JURIST report]. Kenyan Attorney General Amos Wako defended Kibaki's actions as valid under the current Kenyan constitution, but others have argued that the Constitution requires that there always be a Cabinet of ministers and that a wholesale replacement of all ministers is outside the power of the president. Critics are also calling on Kibaki to dissolve the parliament and hold snap elections, as the majority of the parliament ignored the initial reports of public dissatisfaction with the draft constitution and insisted on a referendum. JURIST's Paper Chase has continuing coverage of Kenya [JURIST news archive]. The East African Standard has local coverage. The South African Mail and Guardian Online has more.
In other international legal news ... - Wawan Purwanto, a senior lecturer at the Indonesian Intelligence School, has urged Indonesian law-makers to speed up the process of creating and passing an Indonesian intelligence law comparable to laws already in place in the US, Australia, and Britain. Purwanto said taht under the current timetable Indonesia would not have a functioning intelligence law until 2009 at the earliest and warned that terrorist events are on the rise in Indonesia [government website in Bahasa Indonesian], hightling the need for a stronger, tougher intelligence service. Purwanto said that under other anti-terrorism laws, police forces could detain suspects for significant lengths of time, but the Indonesian State Intelligence Agency (BIN) does not even have the power to arrest a supsect under current Indonesian law. JURIST's Paper Chase has continuing coverage of Indonesia [JURIST news archive]. The Jakarta Post has local coverage.
- Nepalese government spokesperson and Minister for Information and Communications Tanka Dhakal issued a statement Thursday saying that calls by the seven-party alliance and the Maoist rebels for a democratic system of government were possible under the current constitutional structure of Nepal with King Gyanendra [official profile] as head of the goverment. Gyanendra has ordered the Nepal Election Commission to hold primary elections in February of 2006 and national parliamentary elections by April 2007. In a joint statement, the seven-party alliance and Maoist leaders announced earlier this week that they had reached an understanding that would end the violence in the country and would lead to both groups focussing on "restor[ing] democracy in the country by ending autocratic monarchy." Both parties have called Gyanendra's rule unconstitutional and have argued that the elections he proposes are merely being used to divert international pressure away from his declaration of a state of emergency [JURIST report] in February. JURIST's Paper Chase has continiung coverage of Nepal [JURIST news archive]. Kantipur Online has local coverage.
- Eritrean officials have rejected the UN Security Council resolution demanding that they withdraw restrictions [JURIST report] placed upon UN peacekeepers from the UN Mission in Ethiopia and Eritrea [official website]. A spokesman for Eritrean President Isaias Afwerki said that Eritrea was not concerned by the threat of UN sanctions and was more worried about the Security Council's failure to require Ethiopia to abide by the 2002 UN Border Demarcation finding that the Addis Ababa government has so far refused to accept. Both sides of the conflict have threatened to renew military action unless the other side concedes the disputed territory. The Sudan Tribune has local coverage.


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