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Legal news from Monday, February 27, 2006 |
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Canada high court nominee faces first-ever parliamentary hearing
Jeannie Shawl on February 27, 2006 3:26 PM ET

[JURIST] Canadian Federal Court judge Marshall E. Rothstein [official profile; FJA materials], nominated to replace Justice John Major on the Supreme Court of Canada [official website], was questioned by a parliamentary committee in televised hearings [JURIST report] Monday, the first time a nominee to the Canadian high court has faced a US-style confirmation hearing. Rothstein was nominated [press release] by Prime Minister Stephen Harper last week, just days after Harper announced that the nominee would face questions from parliament [press release]. Harper has called the televised hearings an "unprecedented step towards the more open and accountable approach to nominations," but critics, including Chief Justice Beverley McLachlin [official profile] say the process could politicize the court [JURIST report].
During Monday's hearing, Rothstein emphasized the importance of an independent judiciary, saying that judges "can have no personal agenda." Rothstein also answered questions about interpreting whether laws violated the Canadian Charter of Rights and Freedoms [text]. Rothstein noted that judges must consider "that the statute that they're dealing with was passed by a democratically elected legislature" and said that in striking down laws that violate the constitution, the court must use the "least intrusive" method.
The parliamentary hearing is for informational purposes only. The prime minister will make the final decision on filling the Supreme Court vacancy, and Harper has promised to do so by Wednesday. From Toronto, Terry Weber of the Globe and Mail has more; the Globe's Dan Cook blogs the hearing here. The CBC offers recorded audio of Rothstein's opening statement. Slaw.ca provides additional resources on Rothstein's nomination.


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Kabul prison rioters agree to truce as retrial demands go to government
Krista-Ann Staley on February 27, 2006 2:21 PM ET

[JURIST] Prisoners in Kabul's Policharki Prison [AP backgrounder; IWPR backgrounder; also "Pul-e-Charkhi"] who rioted over the weekend agreed Monday to temporarily end their disturbance and allow injured inmates to be removed for medical care, according to the chief negotiator for the Afghan government. Sibghatullah Mojaddedi also reported an inmate request that the prison authorities help to bury the dead. In exchange for concessions, authorities restored the water, electricity and food which they had cut off from the facility late Sunday and Mojaddedi promised to convey the prisoners' demands, including a retrial for each of them and better living conditions, to the government.
The number of prisoners thought to have been killed in the rioting, which began Sunday when prisoners refused to put on new uniforms, has decreased from seven [JURIST report] to four [BBC report] based upon a report from a human rights official sent there to negotiate Monday. Afghan authorities have insisted that they want to end the siege peacefully, although Deputy Justice Minister Mohammed Qasim Hashimzai vowed that force would be used if necessary. Concern remains high because the wing that houses approximately 70 female prisoners and 70 children living with them is currently under inmate control, and two inmates have reportedly been taken hostage. AP has more.


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Mexico government report alleges crimes against humanity in 'dirty war'
Alexandria Samuel on February 27, 2006 12:24 PM ET

[JURIST] Mexico's "scorched-earth" campaign in the 1960s and 1970s resulted in crimes against humanity, including genocide, torture, executions and disappearances, according to a draft report [text, in Spanish] made public by the National Security Archive at George Washington University. The report, commissioned by Mexican President Vicente Fox [official website, in Spanish], was presented to special prosecutor Ignacio Carrillo Prieto in December but has not yet been officially released publicly.
The report outlines alleged crimes committed by Mexican military and security forces under three different presidents during the nation's 18-year "dirty war" [National Security Archive backgrounder], including the execution of hundred of citizens and suspected guerrillas, and a campaign to deny food to residents where leftist guerrillas operated. Carrillo has been investigating government rights abuses [JURIST report] committed during the "dirty war" but has been unsuccessful in persuading a court to issue an arrest warrant for former President Luis Echeverria. Hector Tobar of the Los Angeles Times has more.


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UK bill amounts to abolishing Parliament, warn Cambridge law professors
Alexandria Samuel on February 27, 2006 11:00 AM ET

[JURIST] Six law professors at Cambridge University have warned that an innocuous-sounding bill now going through Parliament would give UK government ministers the power to abolish jury trials, place citizens under house arrest, and rewrite the law on nationality and immigration, all without Parliamentary consent. In a letter [text] published Sunday in the Times of London, the scholars urged MPs to take another at the Legislative and Regulatory Reform Bill [text], which has already received a second hearing and could be adopted as early as next month, and "recognize the dangers of what is being proposed before it is too late." In the name of enabling ministers to cut regulations for business, the bill provides in clause 1 that: A Minister of the Crown may by order make provision for either or both of the following purposes: a) reforming legislation; b) implementing recommendations of any one or more of the United Kingdom Law Commissions, with or without changes Supporters of the bill maintain that the power given to ministers is slight, and note limitations such as a restriction on new crimes invented by ministers, and the prohibition against the creation of new taxes. But in a separate op-ed [text] in The Times, David Howarth, a Reader in Law at Cambridge and also the Liberal Democrat MP for the area, took another view, noting that "All ministers will have to do is propose an order, wait a few weeks and, voila , the law is changed.":The Government claims that there is nothing to worry about. The powers in the Bill, it says, will not be used for "controversial" matters. But there is nothing in the Bill that restricts its use to "uncontroversial" issues. The minister is asking us to trust him, and, worse, to trust all his colleagues and all their successors. No one should be trusted with such power.
As James Madison gave warning in The Federalist Papers, we should remember when handing out political power that "enlightened statesmen will not always be at the helm". This Bill should make one doubt whether they are at the helm now. The legislative proposal comes at a time when British jurists of various political stripes are becoming increasingly concerned [JURIST report] with undue extensions of power by the government of Prime Minister Tony Blair, now in its third term. The Epoch Times has more.


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China to hear more death penalty appeals in open court
Holly Manges Jones on February 27, 2006 7:48 AM ET

[JURIST] China [JURIST news archive] will increase the number of public trials for death penalty appeals during the second half of 2006, a legal scholar from the Chinese Academy of Social Sciences [official website, in Chinese] said Monday. Liu Renwen estimated that China executes approximately 8,000 people per year, giving the country the highest number of executions in the world. The Supreme Court of China [official website, in Chinese] took back its authority to review [JURIST report] death penalty appeals last December after human rights groups criticized the country for arbitrary executions, and the decision is being protested by lower courts which claim they need the authority to control public security. Beijing, Shanghai, and the southern province of Hainan have already begun to hear appeals in open court.
The high court has set up three branch courts to hear the appeals, which is anticipated to reduce the number of carried out executions by 30 percent. Experts say, however, that the court does not have the staffing to review such a large number of death sentences. The Chinese National People's Congress [government backgrounder] begins its annual session on Sunday and is expected to discuss the death penalty issue, but Liu doubted that the legislature would be able to resolve whether the Chinese Supreme Court should handle all death penalty cases. Reuters has more.


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International brief ~ EU to seek funding for Palestinians despite terror ban
D. Wes Rist on February 27, 2006 6:11 AM ET

[JURIST] Leading Monday's international brief, despite the status of Hamas as a listed terrorist entity, the European Union [official website] has announced plans at a foreign ministers' meeting Monday to attempt to work around a legal ban that prohibits European nations from providing funding to any member of Hamas. Since Hamas' victory in Palestinian elections [JURIST report] in January, the EU and US have all warned that international aid cannot continue unless Hamas renounces its use of force as a political tool, recognizes Israel as a legitimate nation, and conforms to international standards for political parties. Israel has imposed sanctions against Hamas [JURIST report] and has begun withholding import dues reaching nearly $50 million (US) per month. EU ministers said on Sunday however, that they had no desire to see the Palestinian Authority collapse and would undertake efforts to ensure that the government had enough capital resources to meet the needs of its citizens. JURIST's Paper Chase has continuing coverage of the Palestinian Authority [JURIST news archive]. Aljazeera has local coverage.
In other international legal news ... - Chief Justice Evan Gicheru of the Kenyan Constitutional Court issued Legal Gazette Notice Number 6 of 2006 on Monday which changed court procedure rules in Kenya to ensure that individuals charged with criminal counts of corruption and graft could no longer obtain an automatic stay of trial by appealing to the constitutional court over alleged rights violations. Under the previous system, known as the Chunga Rules, anyone accused of a criminal act could have court proceedings against them stayed by appealing to the Kenyan Constitutional Court for a review of alleged rights violations against them. Gicheru issued the gazette just one week after senior Kenyan officials announced the Chunga Rules were being evaluated for change to ensure that former and current government officials would be unable to tie up the judicial system for years over alleged rights violations in the light of expected arrests and charges [JURIST report] relating to the Goldenberg [BBC report] and Anglo Leasing [Wikipedia backgrounder] scandals. JURIST's Paper Chase has continuing coverage of Kenya [JURIST news archive]. Kenya's East African Standard has local coverage.
- Taiwanese President Chen Shui-bian [official website] has announced that he is disbanding a government council that was charged with exploring possible avenues of reunification with mainland China. The announcement is another in a long series of efforts by Chen to make Taiwan [government website] more independent from the People's Republic of China [government website] and is likely to cause severe rebuke from Chinese officials. Chen said the decision came after a meeting of the Taiwanese National Security Council and was due to the military build-up of Chinese forces aimed at Taiwan. China views Taiwan as a breakaway province and the UN ceased to recognize Taiwan as an independent nation after severe pressure from China, a permanent member of the UN Security Council. JURIST's Paper Chase has continuing coverage of Taiwan [JURIST news archive]. BBC News has more.
- Fox Odoi, Legal Assistant to Ugandan President Yoweri Museveni [BBC profile], was arrested Sunday on charges of harassing opposition party voters during the Ugandan presidential elections [JURIST report] last Thursday. Odoi allegedly arrived at a polling location, ordered police to detain several individuals suspected of having voted against Museveni, and had them beaten and undressed while brandishing an assault rifle. Several newspapers ran pictures of Odoi holding an AK-47 with individuals obviously naked lying face down in the background. Odoi protested his innocence and claimed that his position in the government should have led police to merely inform him of the charges instead of arresting him. Museveni has distanced himself from Odoi since the pictures were released, calling for a full investigation. JURIST's Paper Chase has continuing coverage of Uganda [JURIST news archive]. The Ugandan Daily Monitor has local coverage.


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