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Legal news from Wednesday, March 1, 2006




Supreme Court hears redistricting, tax incentive, sovereign immunity cases
Jeannie Shawl on March 1, 2006 9:06 PM ET

[JURIST] The US Supreme Court [official website] on Wednesday heard oral arguments in four consolidated cases challenging the Texas congressional redistricting plan [Duke Law case backgrounder; merit briefs] approved in 2003 which helped Republicans gain six seats in the US Congress. Opponents of the redistricting plan [official website] told the Court that the plan was unconstitutional and accused the Texas legislature of drawing oddly shaped districts solely to protect Republican interests. The Texas solicitor general said that the plan was meant to remedy a map drawn to benefit Democrats and also argued that the plan does not infringe minority voting rights in violation of the Voting Rights Act [DOJ backgrounder]. AP has more.

The Court also heard arguments in DaimlerChrysler Corp. v. Cuno [Duke Law case backgrounder; merit briefs], where it will decide whether taxpayers can challenge tax incentives given to businesses to encourage economic development. The Court is considering a ruling [PDF text] from the US Court of Appeals for the Sixth Circuit that Ohio's investment tax credit program is unconstitutional. Chief Justice John Roberts seemed to fall on the side of allowing taxpayers to challenge such tax breaks, but Justice Antonin Scalia suggested that the issue was best left to the political arena and was not for the courts to decide. Justice David Souter seemed skeptical of the argument that the program hinders interstate commerce by discriminating against Ohio companies that do business outside the state. AP has more.

In a third case Wednesday, the Court also considered whether an entity that is not entitled to immunity as "an arm of the state" under the Eleventh Amendment can assert "residual sovereign immunity" based on common law as a defense in an admiralty action. In Northern Insurance Co. of NY v. Chatham Co. [Duke Law case backgrounder; merit briefs], an insured's boat was destroyed by a drawbridge operated by Chatham County, Georgia, but when the insurance company sued for negligent maintenance of the bridge, the county government asserted immunity under the Eleventh Amendment. The US Court of Appeals for the Eleventh Circuit ruled [PDF] that the county was acting as an "arm of the state" and was entitled to sovereign immunity based on common law, but not under the Eleventh Amendment.






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UN vote on rights council delayed after US opposition
Jeannie Shawl on March 1, 2006 8:31 PM ET

[JURIST] A scheduled UN General Assembly [official website] vote on a draft resolution [PDF text; JURIST report] to create a new UN Human Rights Council has been delayed after the US rejected the proposal [JURIST report]. US Ambassador to the UN John Bolton said earlier this week that the resolution has "manifold deficiencies" and that Washington wants to reopen negotiations or else postpone a decision on the rights body. The draft resolution, which reflects months of negotiations [JURIST report], would create a 47-member council with members elected by a majority of representatives in the General Assembly. The General Assembly would have the ability to remove members of the council who commit "gross and systematic violations of human rights."

The US has pushed for a smaller body to replace the current Commission on Human Rights [UN backgrounder] and has insisted [Bolton remarks] that it's important not to "settle for a new body which is at best marginally better than the old body." General Assembly President Jan Eliasson [official profile] has said that a majority of UN countries support the current resolution and has warned that any new negotiations could "lead to a result which is far below what we already have achieved." Eliasson on Wednesday called for a vote as soon as possible [UN News report] and said that "national positions have to be put in second place, and we now have to look for international solutions." Reuters has more.






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Canada high court nominee formally appointed after landmark public hearing
Bernard Hibbitts on March 1, 2006 4:08 PM ET

[JURIST] Canadian Federal Court judge Marshall Rothstein [official profile] was formally appointed as an Associate Justice of the Supreme Court of Canada [official website] Wednesday two days after appearing before a committee of Canadian parliamentarians in the first public questioning of a Canadian high court nominee [JURIST report]. The appointment was announced [press release] by Canadian Prime Minister Stephen Harper [official website]. The ad hoc committee, chaired by Canadian Justice Minister Vic Toews [JURIST report] and made up of members from both Canadian House of Commons and Senate, did not actually vote on the nomination, nor did the two Canadian parliamentary chambers. Harper nonetheless hailed the hearing as having brought "unprecedented openness and accountability to the process", allowing "Canadians to get to know Justice Rothstein through their members of Parliament in a way that was not previously possible." Whether this exact exercise will be repeated with future Canadian Supreme Court nominees is still uncertain; the Prime Minister's Office insisted in a release Wednesday that "The hearing by the Ad Hoc Committee to Review a Nominee for the Supreme Court of Canada was an interim process designed to fill the specific vacancy left by Justice Major. Full details of a process to fill future vacancies will be announced at a future date."

Rothstein is a former lawyer and law professor from the Canadian province of Manitoba. In a statement [text] released Wednesday, Canadian Chief Justice Beverley McLaughlin [official profile] welcomed his appointment, saying that he brings to the court "superb experience, both as a lawyer and a judge, and he has a profound commitment to the rule of law." The Toronto Globe & Mail has more.






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Afghanistan prison riot ends after four days
Krystal MacIntyre on March 1, 2006 3:43 PM ET

[JURIST] Afghan authorities on Wednesday regained control of the Policharki prison [AP report; IWPR backgrounder; also "Pul-e-Charkhi"] after four days of rioting that was allegedly started by al Qaeda and Taliban convicts. Deputy Justice Minister Mohammed Qasim Hashimzai reported that over 11,300 unruly inmates, including 350 Taliban and al Qaeda loyalists, were transferred from Block Two where the riot took place to another block under official guard. The most dangerous rioters were placed in separate rooms.

The riot was allegedly led by former senior Taliban commander Mullah Mujahed. Hundreds began rioting late Saturday [JURIST report] and security forces surrounded the prison to prevent escapes while government officials tried to negotiate with the rioting inmates. Despite a day-long truce, a fresh uprising of violence [JURIST report] occurred on Tuesday. A total of six inmates were killed and at least 40 were injured in the four-day riot. AP has more.






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Flight attendants union settles with Northwest Airlines, pilots still talking
Christopher G. Anderson on March 1, 2006 3:15 PM ET

[JURIST] Within hours of the court-appointed deadline, leaders of the flight attendants union have reached a tentative settlement with bankrupt Northwest Airlines (NWA) [official website; press release], after the two sides spent over 24 straight hours at the negotiating table in New York, the Minneapolis Star Tribune reported Wednesday. As Wednesday's end-of-the-business day deadline looms, the pilots union, Northwest Airlines Air Line Pilots Association [union website; press release], has yet to reach an agreement with NWA. A spokesman for the pilots' union said the negotiations remain "very fluid" and noted that US Bankruptcy Judge Allan Gropper has twice previously extended bargaining deadlines in the case.

If the flight attendants' deal is approved by a majority of members of the Professional Flight Attendants Association (PFAA) [union website; press release], the agreement would restructure their current collective bargaining agreement. Although the details of the agreement have not yet been released, NWA initially sought to eradicate $195 million - or a 17.5 percent wage decrease - from the PFAA contract and insisted in court briefs that it was unwilling to back down from that "ask."

The deal between the PFAA and NWA eliminates the possibility of a bankruptcy judge rejecting the collective bargaining agreement (CBA) altogether, a prospect that the pilots' union still faces. Section 1113 of the US Bankruptcy Code [text] allows a reorganizing debtor, in this case NWA, to renege on its labor contracts - without penalty - provided the judge finds the debtor renegotiated with the labor unions in good faith.

Should a judge elect to reject the contract and declare the current CBA void, the pilots union has threatened to strike, which analysts predict could force the company into liquidation. NWA insists, however, that the Railway Labor Act (45 U.S.C. 151) [text], which compels parties to a CBA to make "every reasonable effort" to avoid interruptions that would affect mass transportation, would forbid a strike during bankruptcy. The Star Tribune has local coverage. AP has more.






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Gonzales rapped for letter suggesting additional secret programs
Bernard Hibbitts on March 1, 2006 3:06 PM ET

[JURIST] Ranking US Senate Judiciary Committee Democrat Patrick Leahy [official website] rapped Attorney General Alberto Gonzales Wednesday after Gonzales sent a letter [PDF] to Judiciary Committee members purporting to offer clarifications of his testimony [JURIST report] last month on the NSA domestic surveillance program [JURIST news archive] authorized by the White House and hinting that that secret program might not be the only one in operation.

Leahy expressed surprise and concern at what he called Gonzales' "unusual letter seeking to modify your February 6 testimony":

Much of your letter is devoted to not providing answers to the questions of a number of us regarding legal justifications for activities beyond those narrowly conceded by you to have already been confirmed by the President. We need to know what other activities affecting Americans’ rights you view as justified by the Authorization for the Use of Military Force. Please provide answers to the following questions:

Do other programs of warrantless electronic surveillance exist? Do other programs of warrantless physical searches or mail searches exist? Which agencies run these programs and how long have they been in operation? What legal standards apply to these other programs?...

At the February 6 hearing you were confronted with your January 2001 testimony from your confirmation hearing, which appeared to many Senators to have been misleading. I expect that your letter yesterday was an attempt to provide some defense to a charge that you misled the Committee, again, in your testimony on February 6. You seek to add qualifiers and to hedge already vague answers about the shifting legal analysis for the President’s domestic spying program without judicial approval and about the scope of activities undertaken secretly based on your expansive interpretation of inherent powers of the unitary executive not based on statutory authorities.

It is no secret that the Department of Justice has exhibited a disturbingly arrogant pattern of unresponsiveness to questions that I and other Democratic Senators have posed on many issues in the past. Congress has a constitutional duty to conduct oversight of this Administration in order to ensure its accountability to all Americans. Indeed, the Democratic members of the Committee are still waiting for answers to questions we posed following your February 6th hearing that were due yesterday.
Read the full text of Leahy's letter. The Washington Post has more.





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Senate panel approves modest lobby reform proposal
Krystal MacIntyre on March 1, 2006 2:51 PM ET

[JURIST] The US Senate Rules and Administration Committee [official website] has unanimously approved the Legislative Transparency and Accountability Act of 2006 [summary, PDF; committee materials], which incorporates only modest curbs on privately financed trips and earmarks. If the bill is passed by the full Senate, it will require senators to disclose all travel on corporate jets and receive advance clearance for privately financed trips. The bill also subjects earmarks to a 60-vote threshold. If an earmark, a special-interest provision that legislators include in bills, is challenged and does not receive 60 votes, the Senate would strike it from body of the proposed legislation. The bill did not include strict restrictions proposed by some lawmakers.

This move comes two months after the Jack Abramoff [JURIST news archive] corruption scandal and is the first step towards revising current lobby law. Intense disagreements still remain among lawmakers as to what changes are necessary, and several ethics reform [JURIST news archive] proposals for lobbyists have recently been introduced. The New York Times has more.






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Missouri high court upholds 24-hour informed consent abortion law
Krystal MacIntyre on March 1, 2006 2:14 PM ET

[JURIST] The Missouri Supreme Court [official website] has upheld a 24-hour informed consent abortion law [text] in a unanimous decision, ruling that the law does not violate the Missouri constitution [text]. The law requires doctors to wait 24 hours after consulting with women before performing abortions. Planned Parenthood [advocacy website] challenged the law, arguing that the consultation requirements deprive people of privacy and liberty rights and are unconstitutionally vague could allow for prosecution of physicians for something that they may not understand. The court rejected these arguments, ruling that no further duty is placed on abortion physicians than they already have under common law.

Planned Parenthood has also challenged the 24-hour waiting period in federal court. In November, the US Court of Appeals for the Eighth Circuit upheld [opinion, PDF; JURIST report] an injunction [JURIST report] that allowed the law to take effect but blocked language describing what doctors must discuss with patients. That injunction will expire 10 days after the Missouri court's decision, handed down Tuesday. Currently 24 states require patients and physicians to wait a certain amount of time between the initial counseling session and the abortion procedure. AP has more. Matt Franck of the St. Louis Post-Dispatch has local coverage.






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Arroyo continues emergency rule as coup threats linger
Krystal MacIntyre on March 1, 2006 1:40 PM ET

[JURIST] Philippines President Gloria Macapagal-Arroyo [official website; JURIST news archive] said Wednesday that she will not immediately lift [press release] the state of emergency [Proclamation 1017 text] in the Philippines, rejecting calls that she immediately lift her earlier order. Arroyo implemented emergency rule last Friday after uncovering a plot to oust her from office and military officials have warned that another coup attempt is possible.

In response to several requests to lift the state of emergency, including a call from the US State Department, Arroyo promised to review the situation within the next three days and said that she will lift emergency rule when the situation is fully under control. Several advisors will report back to Arroyo by Saturday, including the Justice Secretary Raul Gonzalez, who has advised against lifting the ban at this time. Gonzalez has also warned that even when the state of emergency has been lifted, current law allows the prosecution of individuals for rebellion or inciting sedition. Reuters has more. The Philippine Daily Inquirer has local coverage.






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Uzbekistan court sentences opposition activist to ten years
Krystal MacIntyre on March 1, 2006 1:12 PM ET

[JURIST] An Uzbek court sentenced opposition activist Nodira Khidayatova [RFE/RL report] to ten years in prison Wednesday for embezzlement and tax evasion. Khidayatova, a leading member of the Sunshine Uzbekistan Coalition (SUC) [party website], was arrested in December after returning from a news conference in Moscow during which she criticized Uzbek President Islam Karimov [BBC profile]. The SUC campaigns for the reform of the country's Soviet-style economy and supporters of Khidayatova say her arrest was politically motivated.

Khidayatova's trial is one of a series of cases that has taken place since the violent May 2005 uprising [HRW backgrounder] in Andijan [JURIST news archive]. At least 180 have been jailed on accusations of involvement in the uprising, including several members of the opposition who publicly criticized the government of President Karimov. Sunshine Uzbekistan leader Sanjar Umarov [party profile] also faces charges [JURIST report], including embezzlement, tax fraud, and bribery. Reuters has more.






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Wisconsin voters to consider same-sex marriage ban
Stefanie Presley on March 1, 2006 12:59 PM ET

[JURIST] A bill [PDF text] banning same-sex marriage [JURIST news archive] passed the Republican-majority Wisconsin State Legislature [official website] Tuesday evening and will be presented to voters on the state ballot in November. Democratic Gov. Jim Doyle [official website] (D-WI), who will not have an opportunity to consider the bill, has vetoed prior efforts to ban gay marriages and is expected to denounce the proposal. The measure would add 43 words to the Wisconsin Constitution [official text] restricting the legal definition of marriage to a union only between one man and one woman and denying similar legal status to unmarried individuals, including those in civil unions.

Proponents believe the amendment will avert any legal challenges analogous to the successful suits brought by same-sex couples in Massachusetts [JURIST report]. Critics assert that the amendment is unnecessary because state law already defines marriage as between a husband and wife and that the proposal will prevent needed benefits, such as health care, from being provided to partners of gay employees. AP has more.






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Gitmo military commission hearings resume for alleged bin Laden bodyguard
Lauren Becker on March 1, 2006 10:29 AM ET

[JURIST] Military commission [JURIST news archive; DOD materials] hearings for two Guantanamo Bay [JURIST news archive] detainees scheduled to begin Wednesday have been delayed, but a third detainee will face a pre-trial hearing [docket, PDF] as scheduled. Ali Hamza al Bahlul [charge sheet, PDF; DOD materials] is accused of serving as Osama bin Laden's bodyguard and making al Qaeda recruiting videos. He has said that he wants to represent himself during proceedings, but the presiding judge has nonetheless appointed military counsel [JURIST report] to represent him. The other scheduled hearings have been delayed to allow the defense lawyer of one detainee more time to prepare and due to the death of the father of the second detainee.

Defense lawyers have sued to stop the war crimes tribunals, convened in August 2004 and the first held by the United States since World War II, arguing that they are fundamentally unfair for several reasons, including the use of secret evidence that the defense will not be allowed to see until trial, and possible use of evidence obtained through torture. The US Supreme Court has agreed to consider [JURIST report] whether President Bush had authority to create military tribunals to try terrorism suspects, and will hear arguments in the case later this month. A ruling is not expected until June or July, but prosecutors are trying to conduct preliminary hearings so that trials may begin immediately after the Supreme Court rules. Reuters has more.






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Supreme Court rules in patent antitrust case
Jeannie Shawl on March 1, 2006 10:16 AM ET

[JURIST] The US Supreme Court [official website; JURIST news archive] ruled Wednesday that plaintiffs in a patent-tying antitrust action under Section 1 [text] of the Sherman Act must prove that the defendant has market power as part of its affirmative case. In Illinois Tool Works v. Independent Ink [Duke Law case backgrounder], 04-1329, Independent Ink sued under the Sherman Act, arguing that an Illinois Tool Works company illegally tied unpatented ink to its patented printheads and ink containers. The US Court of Appeals for the Federal Circuit ruled [PDF text] that market power, the defendant's ability to raise prices for a product, could be presumed when the tying product is patented.

The Supreme Court held that "a patent does not necessarily confer market power upon the patentee" and that "in all cases involving a tying arrangement, the plaintiff must prove that the defendant has market power in the tying product." Read the Court's unanimous opinion [PDF text] per Justice Stevens. Justice Alito did not take part in the decision, which was argued before his confirmation.






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No proof of CIA secret prisons: Europe report
Jeannie Shawl on March 1, 2006 9:51 AM ET

[JURIST] The Council of Europe [official website] said Wednesday that an investigation into allegations that the US Central Intelligence Agency operated secret prisons [JURIST report] in Europe revealed no "smoking gun" evidence that proved the existence of the prisons. COE Secretary General Terry Davis [official profile], presenting his findings on alleged illegal detentions and rendition flights on European territory based on official replies received from all 46 COE member states, also said that it was "virtually impossible" to determine whether the CIA used European airspace for extraordinary rendition [JURIST news archive] in violation of the European Convention on Human Rights [PDF text].

In a press conference [prepared statement; recorded video] Wednesday, Davis said however, that "Europe appears to be a happy hunting ground for foreign security services" and urged European nations to adopt tougher laws [press release] to guarantee "effective oversight over the activities of foreign agencies on their territory." According to the executive summary of his report [PDF text; COE materials], there are four areas where action should be taken:

  • the rules governing activities of secret services appear inadequate in many States; better controls are necessary, in particular as regards activities of foreign secret services on their territory;
  • the current international regulations for air traffic do not give adequate safeguards against abuse. There is a need for States to be given the possibility to check whether transiting aircraft are being used for illegal purposes. But even within the current legal framework, States should equip themselves with stronger control tools;
  • international rules on State immunity often prevent States from effectively prosecuting foreign officials who commit crimes on their territory. Immunity must not lead to impunity where serious human rights violations are at stake. Work should start at European and international levels to establish clear human rights exceptions to traditional rules on immunity;
  • mere assurances by foreign States that their agents abroad comply with international and national law are not enough. Formal guarantees and enforcement mechanisms need to be set out in agreements and national law in order to protect ECHR rights.
  • Interim COE reports prepared by Swiss legislator Dick Marty, leading a separate inquiry by the COE's parliamentary assembly [JURIST report], have asserted that secret CIA prisons had existed in Europe [report text, PDF; JURIST report], but have so far acknowledged there is no concrete proof of their actual existence. Reuters has more.





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    Federal judge says deported Cubans reached US soil in bridge landing case
    Jeannie Shawl on March 1, 2006 9:17 AM ET

    [JURIST] US District Judge Federico Moreno ruled Tuesday that the US Coast Guard [official website] acted unreasonably when it sent 15 Cubans back home after their boat reached an abandoned bridge in January and said that the Cubans had reached US soil. The Coast Guard acted under the government's "wet-foot, dry foot" policy [Coast Guard FAQ; Wikipedia backgrounder], which allows Cubans to remain in the US when they reach US soil, but those stopped at sea are sent back home. The group of would-be immigrants was turned back because although they reached Seven Mile Bridge [Wikipedia backgrounder] in the Florida Keys, the bridge is no longer actually connected to land. The families of the deported Cubans filed a lawsuit [JURIST report] in January and during hearings in the case, Moreno appeared skeptical of the government's arguments [JURIST report].

    Moreno said that the group was "removed to Cuba illegally" and gave the US government until March 30 to decide on the 15 Cubans' eligibility to acquire the necessary documentation to enter the US legally. It is unclear, however, whether Cuban President Fidel Castro would allow the group to leave Cuba. Moreno also specified that his decision was limited in scope and was not a ruling on the "wisdom" of the wet-foot, dry-foot policy. AP has more. Jay Weaver of the Miami Herald has local coverage.






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    BREAKING NEWS ~ Saddam admits ordering trial of Dujail villagers, but denies crime
    Jeannie Shawl on March 1, 2006 8:51 AM ET

    [JURIST] Saddam Hussein [JURIST news archive] admitted in court Wednesday that he had ordered the trial of a group of Shiites who were executed under his regime in the 1980s and that he had ordered that their land be confiscated, but he also asserted that his actions were not criminal. Speaking at the close of proceedings at his trial [JURIST news archive] Wednesday at the Iraqi High Criminal Court - formerly the Iraqi Special Tribunal [official website], Hussein told the judges that he was acting as a head of state and that his actions were a justified response to the 1982 assassination attempt on his life. Hussein said that he should be the only one on trial, and that his seven co-defendants were just following his orders as Iraqi president and chairman of the Revolutionary Command Council.

    Hussein's 15-minute speech just before chief judge Raouf Abdel-Rahman [BBC profile] was about to adjourn proceedings came at the close of an otherwise calm day. Hussein, whose outbursts have continually disrupted proceedings [JURIST report] since the trial began last October, remained silent as prosecutors continued to present evidence that linked Hussein and his seven co-defendants to a crackdown on villagers in Dujail [JURIST report] following a 1982 assassination attempt on Hussein. On Tuesday, prosecutors introduced an execution order [JURIST report] signed by Hussein approving the hanging of 148 Shiites, who chief prosecutor Jaafar al-Moussawi says never were brought to court for trial. Wednesday's evidence focused mainly on Hussein's co-defendants. One of Hussein's lawyers who walked out on proceedings the day before returned to court Wednesday. Khalil Dulaimi and Khamis al-Obeidi walked out Tuesday after Abdel-Rahman refused a defense request [JURIST report] to remove himself and the chief prosecutor from the trial. Al-Obeidi attended the trial session [BBC report] but Dulaimi, Hussein's chief lawyer, was absent. The trial has now been adjourned until March 12. AP has more.






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    International brief ~ Security Council to hear new resolution on Sudan sanctions
    D. Wes Rist on March 1, 2006 8:39 AM ET

    [JURIST] Leading Wednesday's international brief, a British official has revealed that the UN Security Council [official website] will be presented with a resolution in the next two weeks that will seek to impose mandatory sanctions against up to ten government officials in Sudan [government website] for their involvement in the ongoing humanitarian crisis in Darfur [JURIST news archive]. Security Council members have so far deadlocked [JURIST report] on what sanctions to impose, but if the resolution is approved, the sanctions will include the denial of the right to travel outside of Sudan, the freezing of personal financial assets, and possibly even an order for the International Criminal Court (ICC) [official website] to prepare individual international arrest warrants for those named. The names to be included on the list will not be released until the resolution is made public, but a draft list leaked last week [JURIST report] included Sudanese President Omar al-Bashir. Sudan has continually rejected [JURIST report] the need for ICC involvement and has repeatedly stressed that its own war crimes tribunal [JURIST report] is sufficient to handle the needed prosecutions. JURIST's Paper Chase has continuing coverage of Sudan [JURIST news archive]. Ewen MacAskill of the Guardian has more.

    In other international legal news ...

    • Two Kenyan journalists were detained on Tuesday for publishing a story [Standard report] over the weekend concerning the alleged meeting of Kenyan President Mwai Kibaki [BBC profile] with Mwingi North Member of Parliament Kalonzo Musyoka over two weeks ago. The two journalists, members of the Standard media group, have not been charged but were informed that the criminal investigations department of the local police had been ordered to detain the men and await instructions "from above" concerning their status. The meeting allegedly involved Kibaki offering a government position to Musyoka in exchange for his defection from the opposition ODM party to Kibaki's own political party. Lawyers for the journalists have already filed legal challenges to the detention. The East African Standard has local coverage.

      In related news, the Nairobi High Court has issued a temporary stay against the Standard newspaper, preventing them from publishing any stories that attempt to connect prominent Nairobi businessman Jimmy Wanjigji to the Anglo Leasing scandal [Wikipedia backgrounder]. The stay will remain in effect until the court hears a defamation case on March 10 filed by Wanjigji against the Standard. Wanjigji claims that a previous story by the newspaper caused him "substantial loss and prejudice of reputation." JURIST's Paper Chase has continuing coverage of Kenya [JURIST news archive]. KBC has local coverage.





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    Montenegro accepts EU plan for independence vote, delays referendum
    Angela Onikepe on March 1, 2006 7:24 AM ET

    [JURIST Europe] The Montenegrin government [official website] agreed Tuesday to delay the republic's independence referendum from Serbia originally scheduled for April 30 [JURIST report] and accept a controversial formula proposed by the European Union (EU) [official website]. The EU said earlier in the week that it would consider the referendum to be valid only if there is a 55% majority, a turnout of at least 50% of eligible voters, and a clear and simple question to be voted on. Although supportive of Montenegro's independence, Montenegrin Prime Minister, Milo Djukanovic [BBC profile] had criticized the formula as "undemocratic".

    The referendum is set to take place on May 21, 2006, one week later than recommended by European Envoy for the Montenegro Referendum Miroslav Lajcak. Regular local elections, which were initially to be held at the same time as the referendum, will now be held in the fall along with parliamentary elections. The Montenegro Parliament [official website] is expected to adopt the bill containing the referendum in a session to be held Wednesday. Montenegro was incorporated into the loose union of Serbia-Montenegro in 2003. Serbian nationalists within Montenegro have warned of a civil war if the referendum passes. Recent opinion polls show that 55% of the population favors independence. EUObserver has more.

    Angela Onikepe 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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    Milosevic subpoenas Clinton for ICTY trial
    Angela Onikepe on March 1, 2006 7:20 AM ET

    [JURIST Europe] Two British court-appointed lawyers assisting former Yugoslav President Slobodan Milosevic [BBC profile; JURIST news archive] have submitted a motion to subpoena former US president Bill Clinton [official profile] to testify at Milosevic's trial before the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website]. Milosevic is asking for Clinton's testimony asserting he was privy to vital information about the Balkan wars and that he had ordered the 1999 bombing of the Chinese embassy in Belgrade [BBC report].

    Previous motions to subpoena British Prime Minister Tony Blair [official profile] and German Chancellor Gerhard Schroeder [BBC profile] were rejected by the tribunal [JURIST report] in December. Milosevic is defending himself against 66 counts [BBC backgrounder] of crimes against humanity, genocide, war crimes, violations against customs of war, and grave breaches of the Geneva Conventions [ICRC backgrounder]. The trial has now entered its fifth year [JURIST report] and is expected to conclude in upcoming months. Reuters has more.

    Angela Onikepe 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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    Evolution opponents sue Russian Education Ministry
    Angela Onikepe on March 1, 2006 4:23 AM ET

    [JURIST Europe] The Russian Education Ministry [official website, in Russian] faces a lawsuit calling for it to remove evolution from the national science curriculum. The parents of Maria Shreiber, a 15 year old schoolgirl from St. Petersburg, have argued in court papers that school presentation of Darwin's theory prevents students from developing different beliefs about the creation of man. The case spotlights Orthodox Culture Basics [Moscow Times report], an optional course endorsed by the Russian Orthodox Church [Moscow Patriarchate website, English version] and introduced in 2002 [RFE report] by Russian Education Minister Vladimir Filippov for public school curriculums. The subject matter of the course, akin to that of intelligent design [Natural History backgrounder; JURIST news archive], incorporates the Orthodox worldview into the science classroom. MosNews has local coverage.

    Angela Onikepe 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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