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Legal news from Friday, December 30, 2005 |
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US inspectors find signs of Iraq prisoner abuse
Alexandria Samuel on December 30, 2005 4:35 PM ET

[JURIST] Recent US-led inspections of Iraqi-run prisons in Baghdad and Tal Afar have revealed signs of prisoner abuse [press briefing transcript] and overcrowding, a US military official said Friday. Maj. Gen. William Webster, who commands security forces in Baghdad, confirmed there is a problem of overcrowding, but denied the existence of any evidence of recent abuse in the facilities: As a result of the investigation surrounding the Jadriya facility, otherwise known as the bunker facility where a number of detainees were found to be abused, the Iraqi government and General Casey's headquarters has initiated a series of inspections of detention facilities throughout Iraq. And the first two of those inspections were conducted on MOI or interior facilities, and they're -- while there were overcrowded conditions, there was no -- there were no signs of recent abuse. There were detainees who talked about having been abused before, and some of them showed signs of that. And this committee of both the Iraqi government and the U.S. government and the coalition are continuing their investigation and inspections. The investigation was prompted by the recent exposure of secret prisons [JURIST report] run by Iraqi security forces where detainees were abused and tortured. The discoveries have led to rumors [JURIST report] that Iraqi Interior Minister Bayan Jabr [CBS profile] will resign, and frustrated US efforts to transfer control of all existing prisons to Iraqi forces. Reuters has more.


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Federal appeals court upholds dismissal in GM religious discrimination suit
James M Yoch Jr on December 30, 2005 2:22 PM ET

[JURIST] The US Court of Appeals for the Seventh Circuit [official website] on Thursday upheld the dismissal [ruling text, PDF] of a suit alleging religious discrimination against General Motors (GM) [corporate website]. Writing for the court, Judge Ann Claire Williams supported the decision to dismiss the lawsuit because the corporation's Affinity Group [group website] diversity program treated all religions equally by prohibiting the promotion of any religion. The suit, brought by Indianapolis GM plant worker John Moranski, alleged that the program discriminated against religion since it did not permit the formation of an interdenominational Christian group. Although the program allows groups of people with disabilities, gays and lesbians, women and veterans, and people of Hispanic, African or Asian ancestry, it prohibits groups with any religious affiliation. AP has more.


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Ten Commandments display ruling stirs Kentucky debate
James M Yoch Jr on December 30, 2005 12:38 PM ET

[JURIST] Kentucky lawmakers are bracing for renewed debate over public displays of the Ten Commendments after a three-judge panel of the US Court of Appeals for the Sixth Circuit [official website] upheld a display of the Ten Commandments [ruling text, PDF] in a Mercer County, KY courthouse in a ruling last week. The display, unlike other public displays of the Ten Commandments in Kentucky which were ruled unconstitutional earlier this year [JURIST report] by the US Supreme Court, was originally accompanied by other historical documents such as the Bill of Rights and the Declaration of Independence. Writing for the appeals court, Judge Richard Suhrheinrich distinguished the cases because the Mercer County display did not demonstrate a religious intent or purpose, nor were the Ten Commandments more prominent than the other documents on display. His reasoning paralleled the Supreme Court's in another Ten Commandments ruling this year when it permitted a display of the Commandments on the Texas state capitol grounds [JURIST report] that included other historical documents and had existed for almost 40 years. Suhrheinrich denied that the First Amendment mandated a "wall of separation" between church and state, and contended that in similar Ten Commandment cases, a court must decide whether a reasonable person would find that the display is a government endorsement of religion, not whether a reasonable person would find it offensive. From Kentucky, the Louisville Courier-Journal has more.
The latest appeals court ruling makes it likely that the 2006 General Assembly in Kentucky will revisit the issue. Two state representatives, one Democrat and one Republican, have prefiled proposals for allowing displays of the Ten Commandments by the state government. Rep. Rick Nelson (D-Middlesboro) is calling for a constitutional amendment permitting displays provided that they are accompanied by other historical documents. Rep. Stan Lee (R-Lexington) proposes a display of the Ten Commandments in the state Capitol as part of a larger display of historical documents. AP has more.


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Iraq abuse probes prompt British concern about Army's reputation
Kate Heneroty on December 30, 2005 10:28 AM ET

[JURIST] Senior officers in the British Army [official website] have been briefed on protecting the reputation of the armed services in the midst of close judicial scrutiny of soldiers' conduct in Iraq, according to a report in the Guardian newspaper Friday. The British military has come in for sharp public criticism in the wake of the court martial of paratroopers accused of killing an Iraqi [Times report], allegations of war crimes in connection with the death of an another Iraqi who died in British custody [BBC report], and pre-trial comments of a judge describing the situation in Iraq as "dreadful." Major General Bill Rollo, assistant chief of the general staff, warned colleagues that with an ongoing deployment in Iraq and 4000 troops going to Afghanistan in 2006, "there is more to come." Of the 184 Iraq incidents at one under point under legal investigation, 164 were closed, "one case was still under investigation, five trials had been completed, five were awaiting a trial, five were still with army prosecutors, one was with the chain of command and three had been dealt with summarily", according to the newspaper. The Guardian has more.
Previously in JURIST's Paper Chase:


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International monitoring group to review Iraqi election results
Kate Heneroty on December 30, 2005 9:59 AM ET

[JURIST] The Canadian-based International Mission for Iraqi Elections [official website; press release] established in 2004 to advise and consult on the Iraqi electoral process agreed Thursday to review the results of Iraq's December 15 parliamentary elections [JURIST news archive] in the wake of large-scale protests in Iraq over against alleged fraud [JURIST report] in the poll. The IMIE investigation will encompass post-election complaints, political entity participation, and post-election audits. In an interim report [IMIE text] presented earlier this month the group concluded that "while there is some concern over technical and procedural issues highlighted by the assessment reports, the election in Iraq has generally met international standards." The decision to conduct a further review was praised by Sunni Arabs and secular Shiite groups, who had previously called for an international review of the vote [JURIST report]. Although about 1,500 complaints about the elections were received, the overall result is not expected to change. Preliminary poll results [IECI text, PDF] show the governing Shiite religious bloc, the United Iraqi Alliance [BBC profile], has a significant lead, but final results are not expected until January. The UN, although previously unwilling to conduct a review itself, welcomed the announcement of the IMIE initiative, with Secretary-General Kofi Annan issuing a statement [text] saying "It is critical that those Iraqi groups who have complained about the conduct of the election are given a hearing...This team of assessors, which was not involved in the conduct of the elections, offers an independent evaluation of these complaints." AP has more.


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