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Legal news from Saturday, November 26, 2005




No charges for US soldiers in Taliban corpse burnings
Alexis Unkovic on November 26, 2005 11:25 AM ET

[JURIST] US military officials announced Saturday that four American soldiers will not face criminal charges for burning the bodies of two Taliban rebels in Afghanistan [JURIST report], though they will be subject to disciplinary action. The US Department of Defense [official website] began an investigation into the alleged desecration of the bodies of two dead Taliban fighters last month after an Australian news program aired video [transcript] of US troops who had burned the bodies and allegedly used the charred remains to taunt other Taliban fighters. Maj. Gen. Jason Kamiya, operational commander of US-led coalition forces in Afghanistan, said two junior officers who ordered the bodies burned would be formally reprimanded, but not further sanctioned, because they did so for hygienic purposes and were unaware their actions were wrong, as Islam bans cremation. The other two noncommissioned officers who used loudspeakers to taunt Taliban rebels with the remains will face nonjudicial punishments, such as a loss of pay or demotion in rank, according to Kamiya. Under Article 120 of the Geneva Convention on the Treatment of Prisoners of War [text]

Bodies may be cremated only for imperative reasons of hygiene, on account of the religion of the deceased or in accordance with his express wish to this effect. In case of cremation, the fact shall be stated and the reasons given in the death certificate of the deceased.
Read the executive summary of the military investigation [PDF] released Saturday by US Central Command [official website]. AP has more.





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Large CIA secret prisons unlikely, but post-9/11 Kosovo camp "shocking": Europe council
Andrew Wood on November 26, 2005 11:22 AM ET

[JURIST] The head of the Council of Europe [official website] investigation into possible secret CIA prisons in Eastern Europe said Friday that the existence of large detention centers for US terror detainees in the region was unlikely. In a statement before the Parliamentary Assembly of the Council, Europe's human rights watchdog body, Swiss Senator Dick Marty indicated that it is still possible that the US detained prisoners in the area for "10,15 or 30 days" without the knowledge or consent of the host nation. The Council of Europe began its investigation [COE informational memorandum text] following reports [JURIST report] by the Washington Post and Human Rights Watch [advocacy website] regarding possible illegal prison transfers by the CIA.

Meanwhile, the Council of Europe's human rights commissioner alleged Friday in an interview with French newspaper Le Monde [AFP report; Le Monde article in French] that the US maintained a detention center similar to Guantanamo Bay [JURIST news archive] in Kosovo shortly after 9/11. Alvaro Gil-Robles charged that prisoners at the mini-detention camp located in US military's Camp Bondsteel facility were subjected to "shocking" conditions. AP has more.






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Hundreds detained in Egypt parliamentary election runoff
Andrew Wood on November 26, 2005 10:52 AM ET

[JURIST] Hundreds of supporters of the banned Muslim Brotherhood [Wikipedia backgrounder] complained of unwarranted arrests Saturday during the runoff for the second round of Egyptian parliamentary elections [JURIST news archive], alleging that at least 270 were detained outside of polling stations in Alexandria, the Nile Delta and Qena. The Muslim Brotherhood has been outlawed for more than 50 years in Egypt, but has maintained a strong presence in the political process with 47 independent candidates endorsed by the Brotherhood winning parliamentary seats during the vote's first round. Police officials have confirmed 140 arrests, while the ruling National Democratic Party [official website, English version] justified the detentions and accused the Brotherhood members of intimidating voters. More than 200 people were detained when second round voting began last weekend [JURIST report]. AP has more.






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Syria agrees to UN questioning in Hariri probe
Andrew Wood on November 26, 2005 10:46 AM ET

[JURIST] Syria agreed Friday to allow UN investigators to question five unidentified Syrian officials at the Vienna UN offices [UN Security Council official website] in connection with the February assassination of former Lebanese Prime Minister Rafik al-Hariri [JURIST news archive]. The agreement has pleased chief UN investigator Detlev Mehlis, who was on the verge of giving up on Syrian cooperation [UN News report]. Deputy Foreign Ministry Walid al-Moualem said that by allowing the questioning Syria had taken an important step to protect itself against economic sanctions. Reuters has more.






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DOJ Abramoff probe may implicate more government officials
Alexis Unkovic on November 26, 2005 10:45 AM ET

[JURIST] The scope of the US Department of Justice [official website] probe into the dealings of former high-powered Republican lobbyist Jack Abramoff [Wikipedia profile; JURIST news archive] may implicate more public officials than previously anticipated, according to a report by The Wall Street Journal. Prosecutors indicted Abramoff in August [JURIST report] on charges of bank fraud, and he remains the center of an investigation into bribes given to members of Congress in conjunction with lobbying efforts on behalf of Indian casinos. The DOJ is reportedly examining Abramoff's dealings with former house majority leader Tom DeLay (R-TX) [official website; JURIST news archive], Rep. Bob Ney (R-OH) [official website], Rep. John Doolittle (R-CA) [official website], Senator Conrad Burns (R-MT) [official website], 17 current and former congressional aides, and two former Bush administration officials in the Interior Department and government procurement office. On Monday, Abramoff's former lobbying partner Michael Scanlon pleaded guilty [JURIST report] to one count of bribery after federal prosecutors accused him of defrauding Indian clients and "providing things of value" to Rep. Ney. Reuters has more.






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Spitzer not pursuing charges against former AIG chairman
Alexis Unkovic on November 26, 2005 10:10 AM ET

[JURIST] The office of New York Attorney General Eliot Spitzer [official website; JURIST news archive] announced Friday that it does not expect to pursue state criminal charges against Maurice "Hank" Greenberg [Wikipedia profile], former AIG [corporate website] chairman and CEO. Spitzer originally filed suit [JURIST report] against AIG, Greenberg and its former CFO in May, alleging that the defendants engaged in fraudulent transactions to prop up the price of AIG stock, mischaracterized income and repeatedly lied to state insurance inspectors. Spitzer spokesman Darren Dopp said the office plans to pursue the case against Greenberg as a civil matter, and the civil complaint may be amended to include additional charges. Greenberg may also face criminal charges from federal prosecutors in two separate investigations. AP has more.






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