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Legal news from Wednesday, December 7, 2005 |
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Bush, Blair should face war crimes charges, Nobel recipient says
Chris Buell on December 7, 2005 4:39 PM ET

[JURIST] British playwright Harold Pinter [official website], winner of the 2005 Nobel Prize for Literature [official website], has called for war crimes charges against US President Bush [official profile] and UK Prime Minister Tony Blair [official profile] in an acceptance speech to be shown Saturday at the award ceremony in Stockholm. Pinter, a longtime critic of the Iraq war [Pinter materials], characterized it as "contempt for the concept of international law" and said Blair should be brought before the International Criminal Court [official website] for war crimes. Pinter, who was recently admitted to a hospital and will not be present Saturday, recorded the speech, in which he slams US and UK policies [BBC News report] in the Middle East. Pinter also criticized the US for supporting right-wing military governments in Greece, Guatemala and Chile among others, and he called the UK a "bleating little lamb" following the US. The Guardian has more.


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UPDATE ~ Saddam trial adjourned until Dec. 21
Krista-Ann Staley on December 7, 2005 1:47 PM ET

[JURIST] Iraqi Special Tribunal [official website] Chief Justice Rizgar Mohammed Amin on Wednesday adjourned proceedings in the Saddam Hussein trial [JURIST news archive] until December 21 in order to avoid holding hearings during the upcoming parliamentary elections. The court held a brief session Wednesday, hearing testimony from two prosecution witnesses who recounted their experiences during the 1982 massacre in Dujail [JURIST report]. According to the testimony, prisoners were interrogated and beaten at Baath Party headquarters then transported to Baghdad where they were further tortured and interrogated. The first witness also testified that Barazan Ibrahim, Hussein's brother and co-defendant, was present and issuing orders at the Baath Party headquarters but, upon further questioning, admitted that he was blindfolded at the time and believed Ibrahim was present based on the statements of other prisoners. Hussein was not present for the testimony [JURIST report], in protest mistreatment of an "unjust court". According to a statement from Hussein's defense lawyers Wednesday, the defendants have not been allowed private meetings with their lawyers and have otherwise been denied access to the necessary facilities and evidence to prepare their defense. A court official said that the Hussein had been excused from proceedings "on the basis of a certain request" and that Hussein is expected to attend the December 21 session. Before adjourning proceedings Wednesday, Amin agreed to meet with defense attorneys that to discuss the security of the lawyers. AP has more.


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Florida terror trial verdict seen as DOJ setback
Krista-Ann Staley on December 7, 2005 1:19 PM ET

[JURIST] A series of not guilty verdicts [JURIST report] returned by a federal jury Tuesday for former Florida professor Sami Al-Arian [JURIST news archive; advocacy website] on terrorism charges is being called a major defeat for law enforcement officials. Al-Arian was indicted [PDF indictment] for allegedly supporting terrorists, but the jury found him not guilty on the most serious charges, including conspiring to kill people overseas, perjury and immigration violations, and deadlocked on the remaining nine counts raised against him. There were also no guilty verdicts entered against Al-Arian's three co-defendants, indicted with him in 2003 [JURIST report] for allegedly operating the terrorist group Palestinian Islamic Jihad (PIJ) [CDI backgrounder] in the United States. The case is a blow to the Justice Department, who gathered evidence for ten years and relied on expanded surveillance powers authorized by the Patriot Act [JURIST news archive] to tape 20,000 hours of telephone conversations between Al-Arian and his associates. Much of the recorded conversations took place before the 1995 designation of PIJ as a terrorist group, however, and therefore could not be used to prove that Al-Arian supported a terrorist organization. Justice Department officials are currently considering whether to re-try Al-Arian [US DOJ statement] on the counts where the jury did not reach a verdict. Wednesday's New York Times has more.


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Supreme Court allows student loan offset of Social Security benefits
Jeannie Shawl on December 7, 2005 11:45 AM ET

[JURIST] The US Supreme Court [official website] handed down two decisions Wednesday, including one in Lockhart v. US [Duke Law backgrounder], where the court held that the federal government can offset Social Security benefits to collect outstanding student loan debt even if the debt has been owed for over 10 years. The Court considered the appeal of James Lockhart, a disabled man whose monthly check had been cut by 15 percent to cover college loans from the 1980s. The Debt Collection Act of 1982 normally bars the reduction of Social Security benefits to offset debts that are more than 10 years over due, but the Court ruled that the 1991 Higher Education Technical Amendments effectively eliminated the 10-year statute of limitations for student loan debt. Read the Court's opinion, per Justice O'Connor, along with a concurrence from Justice Scalia. AP has more.
Chief Justice John Roberts [JURIST news archive] authored the second opinion handed down Wednesday, his first since joining the Court. In Martin v. Franklin Capital Corp. [Duke Law backgrounder], the Court held that attorney's fees should not ordinarily be awarded when a case originally filed in state court has been improperly removed to federal court, as long as there was an objectively reasonable basis for removal. If no objectively reasonable basis exists, the Court ruled, fees should be awarded. Read the Court's unanimous opinion.


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US bans cruel treatment of detainees by worldwide personnel in policy shift
Sara R. Parsowith on December 7, 2005 7:49 AM ET

[JURIST] US Secretary of State Condoleezza Rice [official profile] announced [transcript] Wednesday that the US has changed its policy on the interrogations of detainees, and will impose a worldwide ban on US personnel subjecting prisoners to cruelty, citing obligations under the Convention Against Torture (CAT) [text]. The ban marks a staunch policy shift toward the international treaty, which prohibits cruel, inhumane and degrading treatment, and follows strong pressure from Europe and the US Congress. The announcement is a surprise as Rice was expected to tell Europe [JURIST report] to back off its criticisms of US interrogation policy. The Bush administration had previously interpreted the convention to apply only to US territory, a loophole that human rights groups have said the US has exploited to mistreat prisoners in Afghanistan and Guantanamo Bay. The new policy was announced during Rice's trip to Ukraine and marks an important concession in US domestic politics. Sen. John McCain (R-AZ), a former Vietnam prisoner of war, has mounted pressure on the administration to close the loophole with his proposed anti-torture amendment [JURIST document], which was approved [JURIST report] 90-9 in the Senate and later unanimously reaffirmed [JURIST report]. The White House has previously said it would veto any bill to which the amendment is attached. Reuters has more.


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Rice letter instrumental in keeping US control over internet
Tatyana Margolin on December 7, 2005 4:46 AM ET

[JURIST Europe] A letter from US Secretary of State Condoleezza Rice may have been instrumental in preventing the UNs World Summit on the Information Society [JURIST report] last month from making changes to the current control structure of the internet. The letter, co-signed by US Secretary of Commerce Carlos Gutierrez, was sent to British Foreign Secretary Jack Straw whose country currently holds the EU Presidency [official website]. The letter, dated November 7, read in part: The governance structure and continued stability and sustainability of the Internet are of paramount importance to the United States. The Internet has become an essential infrastructure for global communications, including for global trade and commerce, and therefore we firmly believe that support for the present structures for Internet governance is vital. These structures have proven to be a reliable foundation for the robust growth of the Internet we have seen over the course of the last decade...
The Internet will reach its full potential as a medium and facilitator for global economic expansion and development in an environment free from burdensome intergovernmental oversight and control. The success of the Internet lies in its inherently decentralized nature, with the most significant growth taking place at the outer edges of the network through innovative new applications and services. Burdensome, bureaucratic oversight is out of place in an Internet structure that has worked so well for many around the globe. We regret the recent positions on Internet governance(i.e., the new cooperation model) offered by the European Union, the Presidency of which is currently held by the United Kingdom, seems to propose just that - a new structure of intergovernmental control over the Internet...
The United States and the European Union have long worked together toward the goal of global access to the Internet. The WSIS offers us the opportunity to reaffirm our partnership to spread the benefits of the Internet globally. At the same time, the security and stability of the Internet are essential to the United States, the European Union, and to the world. We firmly believe that the existing Internet system balances the stability and security we need with the innovation and dynamism that private sector leadership provides. The US succeeded at the Summit in lobbying world leaders against proposed changes that would involve groups like the European Union, and left the California-based Internet Corporation for Assigned Names and Numbers (ICANN) [official website] in charge of the internets root servers and naming system. The full text of the letter can be found here. The Guardian has more.
Tatyana Margolin is an Associate Editor for JURIST Europe, reporting European legal news from a European perspective. She is based in the UK.


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